Cathey v. Dep't of Health
Annotate this CasePetitioner Megan Cathey was a developmentally disabled adult who, pursuant to a court order, lived with her mother in New Jersey for two weeks a month and with her father in Maryland for the remaining two weeks. Petitioner's father applied for Developmental Disability Administration (DDA) services, but the Maryland Department of Health and Mental Hygiene determined that Petitioner's interstate custody did not give her the requisite Maryland residency to qualify for such services. The Department's board of review affirmed, and the circuit court upheld the board's decision. The Court of Appeals reversed, holding (1) for the purposes of developmental disabilities law, Petitioner was a "resident" of Maryland during the time she spent with her father in Maryland; (2) as such, Petitioner was eligible for DDA services during the time she lived with her father in Maryland; and (3) the concept of "residence" as presented in the relevant portion of the Code of Maryland Regulations was not exacting as the legal concept of "domicile." Remanded.
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