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:
Appellant: Legal Services of ND
Appellee: Jean R. Mullen , Att. General Office
Amicus curiae: Dorsey & Whitney
Term: 06/2007   Argument: 06/18/2007  9:30am
ND cite: 2007 ND 140
NW cite: 737 N.W.2d 627

Listen to recording of oral argument in MP3 format

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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Docket entries:
101/08/2007 NOTICE OF APPEAL: 01/04/2007
201/09/2007 DISK - tran. of Adm. Hrg dated 5-17-06 and 5-19-06 (together) (emailed)
301/15/2007 MOTION to Take Leave to Offer Additional Evidence, Brief in Support, Affidavit in Support w/attach.. RspDue: 01/26/2007
401/18/2007 Response to Motion to take leave to offer additional evidence
501/22/2007 Reply in Support of Motion
601/24/2007 ACTION BY SUPREME COURT (MOT/Take Leave to Offer Additional Evidence). Denied
701/31/2007 RECORD ON APPEAL w/Separate (Entry No. 6-Dept. or Human Svcs. Cert. of ROA).
801/31/2007 Dept. of Human Svcs. Cert. of ROA (Entry Nos. 1-471). Not rec'd was Entry No. 283.
902/13/2007 Appellant's Brief
1002/13/2007 APPELLANT APPENDIX
1102/13/2007 DISK - atb
1202/14/2007 MOTION for Leave to File an Amicus Curiae Brief
1302/21/2007 Letter dated Feb. 20, 2007, clarifying amicus curiae
1403/02/2007 ACTION BY SUPREME COURT (Motion for Leave to File Amicus Curiae Brief). Denied
1503/05/2007 Appellee's Motion to Strike Extra-Record Evidence. RspDue: 03/16/2007
1603/12/2007 MOT. EXT/TIME APPELLEE BRIEF
1703/12/2007 ACTION BY CLERK (MAE) (AEB is stayed pending Court's action on Mot/Strike Extra-Record Evidence). Granted
1803/14/2007 Appellant's Response to Appellee's Motion to Strike Extra-Record Evidence
1903/19/2007 Appellees' Reply to Appellant's Response to Motion to Strike Extra-Record Evidence
2003/21/2007 ACTION BY SUPREME COURT (Motion to Strike). Granted
2103/21/2007 MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to granting of Motion to Strike)
2203/21/2007 ACTION BY SUPREME COURT. Granted: 04/10/2007
2303/30/2007 MOT. EXT/TIME REPLACEMENT APPELLANT BRIEF
2403/30/2007 ACTION BY ACTING CHIEF JUSTICE (MAT). Granted: 04/16/2007
2504/12/2007 AMICUS CURIAE BRIEF (Fairview Health Services)
2604/13/2007 MOTION TO FILE AMICUS CURIAE BRIEF (Fairview)
2704/13/2007 DISK - ACB
2804/16/2007 APPELLANT'S BRIEF (REPLACEMENT)
2904/16/2007 DISK OF ATB (Replacement)
3004/18/2007 ACTION BY CHIEF JUSTICE (Motion to file Amicus). Granted
3105/16/2007 APPELLEE BRIEF
3205/16/2007 APPELLEE APPENDIX
3305/16/2007 DISK - AEB
3405/31/2007 REPLY BRIEF
3505/31/2007 DISK - RYB
3606/18/2007 APPEARANCES: Bradley D. Peterson, Edward B. Reinhardt, Jordan Schuetzle, third-year law student;
3706/18/2007 Jean R. Mullen
3806/18/2007 ARGUED: Peterson; Mullen
3906/18/2007 ORAL ARGUMENT WEBCAST
4008/22/2007 DISPOSITION: AFFIRMED
4108/22/2007 UNANIMOUS OPINION: Sandstrom, Dale V.
4208/22/2007 Costs on appeal taxed in favor of Appellee.
4308/22/2007 Order/Judgment Mailed to Parties
4409/13/2007 MANDATE
4509/17/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/21/2014