J.P. v. Stark Co. Social Services | ||||||||||
20070004 |
J.P., a minor child, Petitioner and Appellant
v. Stark County Social Services Board and the North Dakota Department of Human Services, Respondents and Appellees | |||||||||
Appeal from: |
District Court,
Southwest Judicial District,
Stark County
Judge Allan L. Schmalenberger | |||||||||
Nature of Action: | Administrative Proceeding | |||||||||
Counsel: |
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Term: | 06/2007  Argument: 06/18/2007 | |||||||||
ND cite: | 2007 ND 140 | |||||||||
NW cite: |
737 N.W.2d 627
Listen to recording of oral argument in MP3 format | |||||||||
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Issues: |
Appellant's Statement of the Issues: I. Jordis Peterschick has shown the medical treatment he needed was unavailable in North Dakota. II. The department is estopped from denying fairview's claim for payment. Appellee's Statement of the Issues: Shortly after his birth, Jordis Peterschick ("Peterschick") was transferred from Dickinson hospital by air ambulance to the University of Minnesota Medical Center, Fairview-Riverside, Minneapolis. Prior to referring a patient for out-of-state care under the Medicaid Program, a physician must obtain approval from the Department of Human Services ("Department") by showing that the care is medically necessary. If prior approval is not sought, the referring physician must show that it was an emergency situation. The issue is whether it was an emergency for Peterschick to be sent out-of-state for evaluation and treatment. | |||||||||
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1 | 01/08/2007 NOTICE OF APPEAL: 01/04/2007 | |
2 | 01/09/2007 DISK - tran. of Adm. Hrg dated 5-17-06 and 5-19-06 (together) (emailed) | |
3 | 01/15/2007 MOTION to Take Leave to Offer Additional Evidence, Brief in Support, Affidavit in Support w/attach.. RspDue: 01/26/2007 | |
4 | 01/18/2007 Response to Motion to take leave to offer additional evidence | |
5 | 01/22/2007 Reply in Support of Motion | |
6 | 01/24/2007 ACTION BY SUPREME COURT (MOT/Take Leave to Offer Additional Evidence). Denied | |
7 | 01/31/2007 RECORD ON APPEAL w/Separate (Entry No. 6-Dept. or Human Svcs. Cert. of ROA). | |
8 | 01/31/2007 Dept. of Human Svcs. Cert. of ROA (Entry Nos. 1-471). Not rec'd was Entry No. 283. | |
9 | 02/13/2007 Appellant's Brief | |
10 | 02/13/2007 APPELLANT APPENDIX | |
11 | 02/13/2007 DISK - atb | |
12 | 02/14/2007 MOTION for Leave to File an Amicus Curiae Brief | |
13 | 02/21/2007 Letter dated Feb. 20, 2007, clarifying amicus curiae | |
14 | 03/02/2007 ACTION BY SUPREME COURT (Motion for Leave to File Amicus Curiae Brief). Denied | |
15 | 03/05/2007 Appellee's Motion to Strike Extra-Record Evidence. RspDue: 03/16/2007 | |
16 | 03/12/2007 MOT. EXT/TIME APPELLEE BRIEF | |
17 | 03/12/2007 ACTION BY CLERK (MAE) (AEB is stayed pending Court's action on Mot/Strike Extra-Record Evidence). Granted | |
18 | 03/14/2007 Appellant's Response to Appellee's Motion to Strike Extra-Record Evidence | |
19 | 03/19/2007 Appellees' Reply to Appellant's Response to Motion to Strike Extra-Record Evidence | |
20 | 03/21/2007 ACTION BY SUPREME COURT (Motion to Strike). Granted | |
21 | 03/21/2007 MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to granting of Motion to Strike) | |
22 | 03/21/2007 ACTION BY SUPREME COURT. Granted: 04/10/2007 | |
23 | 03/30/2007 MOT. EXT/TIME REPLACEMENT APPELLANT BRIEF | |
24 | 03/30/2007 ACTION BY ACTING CHIEF JUSTICE (MAT). Granted: 04/16/2007 | |
25 | 04/12/2007 AMICUS CURIAE BRIEF (Fairview Health Services) | |
26 | 04/13/2007 MOTION TO FILE AMICUS CURIAE BRIEF (Fairview) | |
27 | 04/13/2007 DISK - ACB | |
28 | 04/16/2007 APPELLANT'S BRIEF (REPLACEMENT) | |
29 | 04/16/2007 DISK OF ATB (Replacement) | |
30 | 04/18/2007 ACTION BY CHIEF JUSTICE (Motion to file Amicus). Granted | |
31 | 05/16/2007 APPELLEE BRIEF | |
32 | 05/16/2007 APPELLEE APPENDIX | |
33 | 05/16/2007 DISK - AEB | |
34 | 05/31/2007 REPLY BRIEF | |
35 | 05/31/2007 DISK - RYB | |
36 | 06/18/2007 APPEARANCES: Bradley D. Peterson, Edward B. Reinhardt, Jordan Schuetzle, third-year law student; | |
37 | 06/18/2007 Jean R. Mullen | |
38 | 06/18/2007 ARGUED: Peterson; Mullen | |
39 | 06/18/2007 ORAL ARGUMENT WEBCAST | |
40 | 08/22/2007 DISPOSITION: AFFIRMED | |
41 | 08/22/2007 UNANIMOUS OPINION: Sandstrom, Dale V. | |
42 | 08/22/2007 Costs on appeal taxed in favor of Appellee. | |
43 | 08/22/2007 Order/Judgment Mailed to Parties | |
44 | 09/13/2007 MANDATE | |
45 | 09/17/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
46 | 09/27/2017 EXPUNGED - Nonpermanent record items destroyed |