Lauth v. State

OPINION

MATTHEWS, Chief Justice.

I,. INTRODUCTION

In 1996 the legislature created the Alaska Temporary Assistance Program (ATAP) to provide welfare benefits to needy children and their families. Donna Lauth is an ATAP applicant whose application for benefits was denied because she did not have "physical custody" of her children as defined in the ATAP regulations. Lauth appeals that denial, asserting that the regulatory definition is arbitrary, unreasonable, and inconsistent with the governing statutes. She further asserts that the state's method for determining physical custody violates equal…