Judge Orders State to Pay Girl’s Medical Bills, Paving Way for Adoption

The state must pay the $25,000-a-month medical bills of a 4-year-old Yorba Linda girl, an Orange County Superior Court judge has ruled, thus clearing the way for adoption by her foster parents.

But the decision by Superior Court Judge William F. McDonald was viewed by Brianna’s foster parents, Tim and Lesly Bird, with cautious optimism.

“I’m very excited about it,” Tim Bird said after learning about the decision Thursday. “I’m hoping that after such a long ordeal the (state Department of Social Services) will finally accept the responsibility that was theirs all along.”

However, Bird said, the state might appeal the ruling because it could be held responsible for medical costs of other handicapped children who are adopted. “This is just the first step,” he said. “I don’t see it stopping here. I hope I’m wrong.”

John Venegas, the attorney representing the state Department of Social Services, could not be reached for comment Friday.

Brianna, born three months prematurely and weighing only 3 pounds, is hooked to an oxygen tank 24 hours a day and must be fed intravenously. Although nearly half of Brianna’s medical care is paid by the state’s Medi-Cal program, the county pays about $14,000 a month for a nurse and other medical expenses.

Bird said that as long as Brianna is a foster child, her bills will continue to be paid by the state and county.

But if Brianna is adopted, said Robert Griffith, chief deputy director of the Orange County Social Services Agency, county funding for the nurse would end because Brianna no longer would be a dependent of Juvenile Court.

Brianna has lived with the Birds since she was 5 months old. But the couple, who have been trying to adopt Brianna since 1984, said they cannot afford to adopt her unless the state is willing to pick up all of her medical expenses.

In April, 1987, the Birds sought the help of the state’s Adoption Assistance Program, designed to help parents pay the high costs of adopting handicapped children. The agency, which now pays the couple $881 per month under the foster-care program, told the couple they are receiving the maximum allowance.

If the state appeals the case, Bird said he and his wife will not give up. “We’re fighters. We’re doers. We’ll hang in there till the end,” he said.

Harold LaFlamme, one of two attorneys representing Brianna, said he was pleased with McDonald’s decision. “I couldn’t be happier,” he said. “It was the right decision.”

A bill introduced by state Sen. Edward R. Royce (R-Anaheim) that would make the state responsible for paying the medical costs of handicapped children after they are adopted is now pending in the Legislature.