you're next from the party's judge rotenberg education center versus bla and once they got to suffolk county they took it upon themselves to bring her back to massachusetts without notifying you too i'm sure you're missing a step when they brought her back they were told where they should take her was to a homeless shelter and now both by contract and by law that is the one place she cannot be placed so i don't see how they frustrate your efforts to be sure if you'd had a proper  placement at the time however because of the issues that they encounter with the eligibility that do it took more time than expected however wait we had to i don't understand how you're not then responsible for compensating them for their taking care of her until you found a proper placement while you're at the time where we said that she was already generally turn twenty one she was placed as an adult in j that you are obliged to find a placement for someone who is transitional from foster care as a child to adult stats on them got as she turned twenty one you had not locate say somebody who was a victim of domestic violence the reality is you didn't happen placement for her that night and that's evident from the fact that it's not as if the next week you contacted them and said p she goes to whatever place you can place or for eleven months that's that's why they're looking for compensation because they cared for her for eleven months you know in place that is correct on there but i just want the court to just shelter i think in january of zero nine that sounds right but she was not replacing the homeless shelter she was going i'm sorry they thought she was going to be placed in a homeless shelter in january oh nine right that's when j r c took her back to massachusetts eligible for medicaid to receive the services that she needed protective services at that point would of have kicked them and they would have been able to submit an application on her behalf to all and make huge and hope you know with the hopes that she was going to be getting medicaid eligibility at the point i think emergency assistance and the situation that arose at the suffolk county d s s offices wasn't simply that they  staff brought r p two to their offices the understanding by the way was that she was going to be met by her case manager and taken to for finding why it was an emergency situation that occurred is the record i think it's important to to bring up the fact of background very briefly is that she was in the custody of the suffolk county foster care system from the time she was nine years old she was taken from her home and she witnessed her mother wasn't conscious and when she was nine years old she witnessed her mother kill her her two year old brother and then was was taken from the time she was in the care and custody of suffolk county foster care system so from the time she was nine years old and i'll bring it right to immediately prior to her being  question whether once you broader gammoned to suffolk county because she had reached the age of majority and they did have a placement for her and you brought her back to massachusetts you're entitle to compensation that i understand us why you think that the arguments raised by suffolk county should persuade us to reverse the district court well primarily the it's just to point out the emergency situation that occurred which is really one of the elements of restitution of the district court found and that is that you the  party has to act in a situation where there was an emergency and where it's protecting the safety of the public around and that's one of the elements  or under which the lower court determined that in addition to that there must be a duty to the person so the duty aspect of it i mean the court found that they violated a number peas they call it mel adaptive behaviors her decision developmental disabilities and her explosive behaviors so when she was brought down with the case managers and their taken it was  lobby where they suffolk county worker came out and they were expecting her case manager who was not there and they said well you she's twenty one so your honor there is nothing in the in the record and he had miscible evidence to demonstrate that that was the case i think all along they were saying it was the hope that she would   accepted by opi w d d then that was would have been a viable placement because then the duty and the obligation shifts to the state but that but that didn't happen and the record is replete with instances where suffolk county did not and they knew that she had been turned down that there was there was no one there that she knew that was there at when she was returned to new york this is a person who had no family no friends no adult responsible person all of this should have been in place in destroying her from the foster care system but that's not to side she arrives there and she's told that she has to go to a homeless shelter at which point she started to become very agitated her caseworkers to that accompanied her had known her for over a year and were familiar with the behaviors that would trigger this explosive behave so it did in fact there was an emergent emergency situation that was  occurring right there because not only was it to take her but they the suffolk county workman says that to the caseworker right in front of her so they didn't even have an opportunity sort of you know to to come down to to decide what was going on