J.P. v. Stark Co. Social Services
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| 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
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| Appeal from: |
District Court,
Southwest Judicial District,
Stark County
Judge Allan L. Schmalenberger |
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Nature of Action: |
Administrative Proceeding
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| Counsel: |
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| Term: |
06/2007 Argument: 06/18/2007 9:30am
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| ND cite: |
2007 ND 140
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| NW cite: |
737 N.W.2d 627
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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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 |