Rios v. South Dakota Department of Social Services

HENDERSON, Justice.

ACTION/PROCEDURAL HISTORY

Defendant-Appellee, the South Dakota Department of Social Services (DSS), required Plaintiff-Appellant, Thelma Rios, to report foster care payments, for children placed with her, as household income for purposes of food stamp eligibility. After an administrative hearing in which the hearing examiner determined that DSS was essentially correct, Rios appealed to the circuit court of the Seventh Judicial Circuit. The circuit court affirmed in part, but reversed in part, holding that Rios should be allowed a choice. She could either report the foster…