Costello v. Commissioner of Developmental Services
128 Conn. App. 286
| Conn. App. Ct. | 2011Background
- Costello applied for DDS services at age 12; August 8, 2007 denial for not meeting § 1-1g criteria.
- Administrative hearing held September 13, 2007 with testimony from parents and experts for Costello and DDS witness Zuckerman.
- Proposed decision June 10, 2008: Costello ineligible; deficits in adaptive behavior noted but no subaverage general intellectual ability established.
- Defendant adopted hearing officer’s decision; Costello appealed to trial court, which dismissed the administrative appeal.
- Appellate Court affirmed trial court; decision upheld that substantial evidence supports ineligibility and no due process violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Substantial evidence supports ineligibility based on IQ testing? | Costello argues WISC-IV 66 proves eligibility. | DDS may rely on multiple tests; Christopher R. allows considering tests beyond full-scale IQ. | Yes; substantial evidence supports ineligibility. |
| Due process due to notice on psychiatric records? | Costello alleges lack of advance notice for psychiatric evidence. | Record shows door opened by witnesses; any error harmless and not denial of due process. | No due process violation; record supports decision. |
| Applicability of Christopher R. to multiple tests in determining eligibility? | Christopher R. limits use of alternative tests in lieu of subaverage IQ. | Christopher R. permits considering other tests when inconsistent results arise. | Christopher R. governs; agency can rely on multiple tests. |
| Whether the decision was arbitrary or unlawful? | Argues the decision was arbitrary and not supported by the record. | Record provides reasonable factual basis for ineligibility. | Not arbitrary or unreasonable; supported by substantial evidence. |
Key Cases Cited
- Christopher R. v. Commissioner of Mental Retardation, 277 Conn. 594 (Conn. 2006) (gatekeeping; multiple tests allowed when results conflict)
- Matarazzo v. Rowe, 225 Conn. 314 (Conn. 1993) (burden on applicant to prove eligibility)
- Ross v. Giardi, 237 Conn. 550 (Conn. 1996) (overruled in part on other grounds)