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NINEMIRE v. KANSAS DEPT. OF SRS

No. 96,461.

162 P.3d 22 (2007)

Gary NINEMIRE and Tiffany Ninemire, Appellants, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellee.

Supreme Court of Kansas.

July 13, 2007.

Attorney(s) appearing for the Case

J. Eugene Balloun, of Shook, Hardy & Bacon, LLP, of Overland Park, argued the cause, and Amy S. Merritt, of Merritt Law Office, of Olathe, was with him on the brief for the appellants.

Roberta Sue McKenna, of Kansas Department of Social and Rehabilitation Services, of Topeka, argued the cause, and Paula B. Hurt, of the same agency, was with her on the brief for the appellee.

The opinion of the court was delivered by ROSEN, J.:

This case involves the amount of a monthly adoption subsidy payment to be made by the Secretary of Social and Rehabilitation Services (SRS) on behalf of a former foster child. SRS determined the child was eligible for federal adoption assistance and authorized a subsidy payment but set the amount at $0 because the child did not currently exhibit any special needs. The adoptive...

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