Nelson v. Cass County Social Services

ERICKSTAD, Chief Justice.

In this appeal we are asked to determine whether or not the North Dakota Department of Human Services (Department) lawfully terminated Debra Nelson’s cash subsistence payments under the Aid to Families with Dependent Children (AFDC) program. We decline to make the determination without the benefit of meaningful evidence regarding the United States Department of Health and Human Services interpretation of Title 45, section 233.90(c)(l)(iv) of the Code of Federal Regulations and, more specifically, whether or not the Department’s distinction between a “breadwinner” and…