{
  "id": 2771587,
  "name": "Oralda SILVA, Appellant, v. HEALTH & SOCIAL SERVICES DEPARTMENT of the State of New Mexico, Appellee",
  "name_abbreviation": "Silva v. Health & Social Services Department",
  "decision_date": "1972-07-07",
  "docket_number": "No. 867",
  "first_page": "78",
  "last_page": "79",
  "citations": [
    {
      "type": "official",
      "cite": "84 N.M. 78"
    },
    {
      "type": "parallel",
      "cite": "499 P.2d 1000"
    }
  ],
  "court": {
    "name_abbreviation": "N.M. Ct. App.",
    "id": 9025,
    "name": "Court of Appeals of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T17:55:55.751115+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "WOOD, C. J, and SUTIN, J., concur."
    ],
    "parties": [
      "Oralda SILVA, Appellant, v. HEALTH & SOCIAL SERVICES DEPARTMENT of the State of New Mexico, Appellee."
    ],
    "opinions": [
      {
        "text": "OPINION\nCOWAN, Judge.\nOralda Silva appeals from a decision of the Health & Social Services Department (department) terminating her Aid to Families With Dependent Children (AFDC). We reverse.\nAppellant Silva and her husband separated in August, 1969. In September of 1969 appellant applied to the department for assistance under AFDC and was approved for such assistance in the amount of $92.00 per month. This was paid her until September, 1971, when she received a notice of proposed termination, effective in November, 1971, from the Bernalillo County office of the department. The reason advanced by the County for the proposed action was:\n\u201cWe cannot establish deprivation of parental support, as it seems that your separation from your husband is merely one of convenience. He uses your address as his home address. Also, you and he filed a joint income tax in 1970, and he visits his son several times a week and claims both of you as dependents for income tax purposes.\u201d\nAppellant requested and received a fair hearing on the question of termination, after which the hearing officer recommended that the assistance continue. The department\u2019s so-called Appeals Review Committee declined to adopt the recommendation of the hearing officer on the sole ground that: \u201cClient did not present evidence contradicting that known by the County Office.\u201d\nThe department, through its executive director, adopted the recommendation of the Appeals Review Committee as its decision and order and so notified appellant. Appeal was thereupon effected to this court.\nAppellant argues that the decision to terminate is not in accordance with the law, being inconsistent with the Social Security Act of 1935 and the regulations promulgated thereunder. She also argues that the decision is arbitrary, capricious and unsupported by substantial evidence in the record as a whole.\nDid Mrs. Silva present contradicting evidence? It was admitted by the department at the oral argument of this matter before this court that testimony of Mrs. Silva at the fair hearing was, in fact, contradictory to the evidence upon which the action of the County office of the department was predicated. The record as a whole supports this position and we therefore hold that the department\u2019s decision and order to terminate was arbitrary.\nThe decision and order appealed from is reversed and the case is remanded for further action in accordance with the hearing officer\u2019s report of December 20, 1971. It is so ordered.\nConsideration should be given to the fact that the father is now paying $50.00 per month toward the support of the minor child.\nWe suggest that the department give serious consideration to the application of \u00a7\u00a7 13-1-27, 13-1-27.2 and 13-1-28, N.M.S.A. 1953 (Repl.Vol. 3, 1971 Supp.) to this and similar cases.\nWOOD, C. J, and SUTIN, J., concur.",
        "type": "majority",
        "author": "COWAN, Judge."
      }
    ],
    "attorneys": [
      "Gary J. Martone, Albuquerque, for appellant.",
      "David L. Norvell, Atty. Gen., James G. Huber, Robert J. Laughlin, Agency Asst. Attys. Gen., Santa Fe, for appellee."
    ],
    "corrections": "",
    "head_matter": "499 P.2d 1000\nOralda SILVA, Appellant, v. HEALTH & SOCIAL SERVICES DEPARTMENT of the State of New Mexico, Appellee.\nNo. 867.\nCourt of Appeals of New Mexico.\nJuly 7, 1972.\nGary J. Martone, Albuquerque, for appellant.\nDavid L. Norvell, Atty. Gen., James G. Huber, Robert J. Laughlin, Agency Asst. Attys. Gen., Santa Fe, for appellee."
  },
  "file_name": "0078-01",
  "first_page_order": 234,
  "last_page_order": 235
}