Washington County, Ia v. Tama County, Ia

HARRIS, Justice.

This dispute between two counties concerns the legal settlement of a child with special needs. The ease turns on whether “waiver program” services provided to the child and her family were “community-based” within the meaning of Iowa Code section 252.16(8) (1993). We think the trial court correctly concluded they were not. We accordingly affirm a summary judgment for Tama County.

The facts are stipulated. A.D., the minor child of C.D. and J.D., exhibited physical impairment soon after her birth in July 1987 and has since been diagnosed as slightly mentally retarded with…