Pavel Dobra and Ana Dobra - Page 8

                                        - 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

Last modified: May 25, 2011