# Toulou v. Department of Social & Health Services

> Court of Appeals of Washington · August 19, 1980 · 27 Wash. App. 137

URL: https://www.frixlaw.com/law-library/cases/9623356

## Case

- **Full name:** Alvina J. Toulou, Appellant, v. the Department of Social and Health Services, Respondent
- **Court:** Court of Appeals of Washington
- **Decided:** August 19, 1980
- **Citations:** 27 Wash. App. 137; 616 P.2d 678; 1980 Wash. App. LEXIS 2223
- **Precedential status:** Published
- **Opinion:** Concurrence by McInturff
- **Judges:** Roe, McInturff
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9623356

## Opinion text

McInturff, J.
(specially concurring)—The majority recognizes that Alvina Toulou promptly reported receipt of *147 additional income to DSHS (as she had been notified to do upon application for benefits), but it then holds her to compliance with a rule of which she was uninformed and unaware. WAC 388-28-484(2)(d). Although the result reached by the majority is correct under present law, I believe DSHS should notify welfare applicants/recipients not only that a change in economic circumstances must be reported within 10 days, but also that benefits may be terminated for up to 2 months if the additional money is spent for unapproved purposes; that this may be done under WAC 388-28-484(2) (d). Such a warning would place a minimal burden on DSHS and would avoid others being in the situation in which Alvina has been placed.
Since lack of notification of the consequences of failing to receive approval for expenditures of this additional income was not alleged as error, I cannot assume the expenditures would have been allowed under the above WAC regulation. I am constrained to concur in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9623356. Public record. Not legal advice.