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JOHNSON CNTY. DEV. SUPPORTS v. KANSAS DEPT. OF SOC. & REHAB. SERV.

No. 100,293.

216 P.3d 658 (2009)

JOHNSON COUNTY DEVELOPMENTAL SUPPORTS, an Agency of Johnson County Government, Appellant, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES and Alberta Brumley, Appellees.

Court of Appeals of Kansas.

August 28, 2009.

Attorney(s) appearing for the Case

LeeAnne Hays, of Johnson County Legal Department, for appellant.

Bruce A. Roby and John H. House, of Office of General Counsel, of Kansas Department of Social and Rehabilitation Services, for appellee.

J. Eugene Balloun and Christina L. Lewerenx, of Shook, Hardy & Bacon, L.L.P., of Kansas City, Missouri, for appellee Alberta Brumley.

James M. Kaup, of Kaup & Shultz, Attorneys at Law, LC, of Lawrence, for amicus curiae InterHab, Inc.

Before McANANY, P.J., GREEN and CAPLINGER, JJ.

CAPLINGER, J.

In this administrative appeal, Johnson County Developmental Supports (JCDS) challenges the district court's order affirming the decision of the Kansas Department of Social and Rehabilitation Services (SRS) overruling JCDS's denial of Alberta Brumley's application for affiliate status.

The primary issue on appeal involves whether SRS erroneously determined that Alberta Brumley did not have a "known" history of abuse, neglect, or exploitation of...

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