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To: right2parent
I have seen a case remanded back to the district court for findings of dependency. I'll find you the case if you're interested.

Please do. I spent a couple of hours today on lexisone.com looking up recent cases...That site comes in handy.

46 posted on 11/27/2002 4:39:22 PM PST by Orangedog
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To: Orangedog
Find: Hennepin County v Hernandez, 554 N.W.2d 618, 620 Minn. App. (1996).

This case deals with the receipt of public assistance and subsequent establishment of a child support order without a finding of dependency, but the same argument can be made for a non-public assistance case. Since then we have made a direct appeal through the administrative process under our MS 256.045 statute which allows an applicant to challenge an agency determination for benefits, and also an interested third party (obligor) when due process is violated. All states have similar statutes for this procedure.

The point is, findings made and presumably investigated by the agency must be available, on the record, to justify their authority to interfere with your privacy under this program. This is true whether the order was established by an administrative hearing or divorce court judge. Here is another interesting case dealing with the sufficiency of such evidence. The situation makes it easy to understand the importance of evidence supporting jurisdiction. SCOTT v. MCNEAL, 154 U.S. 34 (1894)

47 posted on 11/28/2002 7:06:29 AM PST by right2parent
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