Pavel Dobra and Ana Dobra - Page 7

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               Respondent's position, by contrast, is that only the Morris            
          Street property--the only property in which petitioners reside--            
          can be “the foster care provider's home”.  Unlike petitioners'              
          position, respondent's position is not based on any assertedly              
          plain meaning of the statute.  Instead, respondent asks us to               
          adopt an interpretation of the term “foster care provider's home”           
          that is based on a specialized definition of the term “foster               
          family home” used in section 131(b)(2).  Respondent asserts that            
          “in a foster care context” or “among state and local governmental           
          agencies” foster family home means “the family residence of a               
          licensed foster care provider in which the licensee is the                  
          primary provider of foster care.”                                           
               Employing this definition, respondent asserts that only the            
          Morris Street property could be a foster family home, because               
          only that property was petitioners' family residence.  Respondent           
          then concludes that only the Morris Street property could be the            
          “foster care provider's home”--because any house that can be the            
          “foster care provider's home” (i.e., the place where the foster             
          individual must be cared for, under section 131(b)(1)(B)) must              
          also be a “foster family home” (i.e., the place where the foster            
          individual must live, under section 131(b)(2)).                             
               As discussed below, we agree with respondent's ultimate                
          conclusion that the payments made with respect to the properties            
          other than the Morris Street property are not excluded under                
          section 131(a).  Nevertheless, we do not accept the specialized             



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