- 8 - definition of “foster family home” respondent asserts, for the following reason. Respondent argues that “foster family home” is a “term of art” in the social work field, with a specialized meaning that we must adopt in interpreting section 131. However, respondent has neither presented any admissible evidence of the meaning asserted, nor asked us to take judicial notice of that meaning. The only materials respondent has offered us--in respondent’s briefs--are citations to two social work treatises and some State statutes.7 Our examination of these materials leads us to conclude that they do not establish either that foster family home is a term of art in the social work field, or that the term has the meaning respondent asserts. In addition, it appears to us that the properties other than the Morris Street property 7 The treatises cited in support of respondent's asserted definition of "foster family home" are 1 Encyclopedia of Social Work, "Foster Care for Adults" 634 (18th ed. 1987); Hubbell, Foster Care and Families 120 (1981). The State statutes cited for this purpose are Cal. Welf. & Inst. Code sec. 11400(d) (West Supp. 1998); Minn. Stat. sec. 144D.01(7) (West 1998); Minn. Stat. sec. 257.071(1) (West 1998); Or. Rev. Stat. sec. 419A.004(24) (1997). An example of the difficulties we have with respondent's approach is provided by respondent's citation of the foregoing statutes to support the assertion that a "group home" cannot be a "foster family home". Respondent fails to mention that Department of Health and Human Services regulations define "foster family home" to include group homes, agency operated boarding homes, or other licensed foster care facilities. See 45 C.F.R. sec. 1355.20 (1998); Final Rule, Supplementary Information: Section by Section Discussion, 48 Fed. Reg. 23104, 23105 (May 23, 1983).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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