Hogan v. Department of Social & Rehabilitation Services

Kevin and Diane Hogan appeal from a decision of the Vermont Human Services Board denying their application for federally-funded adoption assistance pursuant to 42 U.S.C. § 673(a). We agree with the Hogans that the Board erred in denying them benefits in connection with their adopted son based on a determination that the child was not eligible for federal Supplemental Security Income (SSI) benefits at the time of his adoption. Accordingly, we reverse.

The relevant facts as found by the Board are not in dispute. The Hogans’ adoptive son was born on April 30, 1991 and placed with the petitioners…