- 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