Dissenting.
I respectfully dissent. Simply stated, this case involves the application of a person for mental health services authorized by statute and provided by the Department at its regional mental health service. The letter denying the application began as follows: “I regret to inform you that when your case was staffed at our June 20, 1995 staff meeting, it was determined that at this time we do not provide the services which would fit your needs, or services that would be clinically appropriate.” The question presented to us is not whether the Department should have granted the application, but whether the applicant was given the process to which she *228was entitled. In my view, Maresh was entitled to appeal the denial of her request and should have been afforded reasonable notice and opportunity for a fair hearing by the Department. I would not reach the constitutional issues because the state statutes provide the process to which Maresh is entitled.
The director of the Department is required to “[a]dminister public assistance and social services to eligible people.” I.C. § 56-202(a). “Public assistance” is defined to include “medical assistance.” “Medical assistance” is defined to mean “payments for part or all of the cost of such care and services allowable within the scope of title XIX of the federal social security act as amended as may be designed by department rule.” I.C. § 56-201(o). “Social services” is defined to mean “activities of the department in efforts to bring about economic, social and vocational adjustment of families and persons.” I.C. § 56 — 201(d).
The letter denying Maresh’s application describes the service she sought as “an educational group that offers our clients more than an opportunity for socialization. We offer our clients a range of skill building classes which include, symptom mánagement, daily living skills, development of provocation skills, etc.” This service fits within the definition of “public assistance.” This does not mean that Maresh was entitled to the service she sought, only that she is entitled to whatever process the state provides upon the denial of her application.
I.C. § 56-216 provides this process:
Appeal and fair hearing. — An applicant or recipient aggrieved because of the state department’s decision or delay in making a decision shall be entitled to appeal to the state department in the manner prescribed by it and shall be afforded reasonable notice and opportunity for a fair hearing by the state department.
I would declare that Maresh was entitled to this process.
Chief Justice TROUT CONCURS IN DISSENT.