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Accessing Services for Families in Need - page 37 / 120

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Judge Vacchelli’s decision

Finds for mother.

Agency didn’t follow its own regulations re notice of denial and appeal.  “This resulted in prejudice to the substantial rights of the plaintiff.  She and her son lost a chance to apply for help in obtaining services without paying the heavy price of loss of guardianship and commitment.  Gen. Stat. 17a-129 was designed to offer that chance.” 17a-11017(c) gives HO express authority to review denial of application, including application of restrictions due to pending neglect proceedings;

17a-11-18(e) is directory, not mandatory; HO’s decision “erroneously expressed an inflexibility which resulted in substantial prejudice to the mother and her son.

Doesn’t reach constitutional claims;

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