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Pearson v. Juras

February 2, 1973

PEARSON ET AL, PETITIONERS,
v.
JURAS ET AL, RESPONDENTS



Judicial review of a decision of the Public Welfare Division.

Betty Roberts, Portland, argued the cause for petitioners. On the brief was Keith D. Skelton, Portland.

Al J. Laue, Assistant Attorney General, Salem, argued the cause for respondents. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Fort, Judge. Schwab, Chief Judge, and Foley, Judge.

Fort

This is an appeal by a claimant for review of the decision of an administrative agency -- here the Public Welfare Division. Respondent Juras is its administrator. As such, following a hearing before, and findings by, a hearing officer, he concluded that the claimant was not eligible for aid to the disabled because she was under 21 and not emancipated.

ORS 412.520 provides:

"Aid shall be granted to any needy person 18 years of age or older who is disabled and who:

"(1) Is a resident of the State of Oregon.

"(2) Is not an inmate of a public institution (except as a patient in a medical institution) or an institution for tuberculosis or mental diseases, but aid may be granted to a recipient who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof.

"(3) Is not receiving any other public assistance from the state or from any instrumentality or political subdivision thereof, except for medical assistance pursuant to ORS chapter 414, or any other type of federally aided public assistance."

It is conceded by the state that claimant fully complied with the eligibility requirements for aid to the disabled, ORS 412.510-412.630, except in one respect -- namely, that she is not a "needy person" within the meaning of ORS 412.520.

That conclusion is based solely upon the ground that although she is over 18, she is an unemancipated minor. It is conceded that she herself is without resources ...


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