Eli was adopted by Ms. Laws (and her then husband) in 1998. The DSS determined that Eli was a special needs child, and DSS agreed with the parents to pay a monthly subsidy of $157. In 1990 the parents learned that Eli's problems were worse than had been known earlier, and negotiated an increase in the subsidy to $187.55, and later to $370.45.

The initial determination that Eli was a special needs child was based on several factors, including "prenatal exposure to alcohol." N. 2. He was later "diagnosed with fetal alcohol exposure." N. 6.

After the level of the monthly subsidy had been raised, Ms. Law sued to obtain retroactive reimbursement at the new, higher rate. The court held that state law did not authorize such retroactive payments. (**9).