53 Conn. Supp. 363
Conn. Super. Ct.2014Background
- Plaintiff Joan Kloth-Zanard challenged a DSS lien against her real property to recover public assistance previously paid by Connecticut.
- From February 1995 to October 1998, plaintiff received AFDC/TANF cash assistance for herself and her child and medical assistance for substantial periods.
- DSS determined she owed $24,528.20 in unreimbursed public assistance and recorded a lien on her Southbury, Connecticut property on March 13, 2012.
- Plaintiff sought an administrative hearing; after continuances, hearing occurred November 29, 2012, with record open until January 2, 2013 for additional evidence.
- A DSS hearing officer issued a decision on January 14, 2013 upholding the lien, and plaintiff timely appealed under General Statutes § 4-183.
- The court affirmed the agency’s decision, noting the State’s collection of child support reduced the reimbursement obligation and acknowledging status corrections in the case caption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove liability | Kloth-Zanard contends the original application record is missing, so evidence is inadequate. | DSS presented other evidence showing public assistance and liability; lack of original file does not negate liability. | Substantial evidence supports liability despite missing original application. |
| Admissibility of the Statement of Financial Assistance | Document is unreliable and should not have been admitted. | Document is reliable and admissible as a business record under relaxed evidentiary standards. | Statement of Financial Assistance properly admitted and probative. |
| Application of statutes of limitations to sovereign claims | State imposed time limits bar recovery for public assistance. | No applicable statute of limitations on sovereign claims for public assistance. | Statutes of limitation do not bar state reimbursement claims here. |
Key Cases Cited
- Board of Education v. Commission on Human Rights & Opportunities, 266 Conn. 492 (2003) (deferential standard for factual review; weight of evidence)
- State v. Lombardo Bros. Mason Contractors, Inc., 307 Conn. 412 (2012) (statutes of limitations not applicable to sovereign absent specific directive)
- O’Sullivan v. Del-Ponte, 27 Conn. App. 377 (1992) (administrative hearings may admit probative evidence outside strict rules)
- Goldstar Medical Services, Inc. v. Dept. of Social Services, 288 Conn. 790 (2008) (deference to credibility and trial court’s fact-finding)
- Chairperson, Connecticut Medical Examining Board v. Freedom of Information Commission, 310 Conn. 276 (2013) (courts not deferential on pure questions of law; standard of review broader)