LAIRD v. DEPARTMENT OF PUBLIC WELFARE

No. 13 EAP 2010, 14 EAP 2010, 15 EAP 2010, 16 EAP 2010.

23 A.3d 1015 (2011)

Gary and Lori LAIRD v. DEPARTMENT OF PUBLIC WELFARE. Appeal of City of Philadelphia Department of Human Services. Legrand Johnson and Shelli Johnson (In re J.J.J.) v. Department of Public Welfare. Appeal of City of Philadelphia Department of Human Services. Gary and Lori Laird, Appellees v. Department of Public Welfare, Appellant. Legrand Johnson and Shelli Johnson (In re J.J.J.), Appellees v. Department of Public Welfare, Appellant.

Supreme Court of Pennsylvania.

Decided June 20, 2011.


Attorney(s) appearing for the Case

Craig R. Gottlieb , City of Philadelphia Law Department, for appellant.

Howard Ulan , PA Department of Public Welfare, Harrisburg, Tara Esther Gutterman , Law Offices of Tara E. Gutterman, Suzanne R. Fisher , James G. Colins , Cozen O'Connor , Philadelphia, Deborah E. Spivack , for appellees.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.


OPINION

Justice BAER.

In this appeal by allowance, we are called to decide whether adopted children, whose adoptions were procured through a Pennsylvania-licensed, private adoption agency in the 1990s, are eligible to receive adoption assistance subsidies retroactive to the dates of the children's adoptions and prospectively through their eighteenth birthdays, despite not applying for those subsidies until 2007. For the reasons that follow, we hold...

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