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PARHAM v. J. R.

No. 75-1690.

442 U.S. 584 (1979)

99 S.Ct. 2493

61 L.Ed.2d 101

PARHAM, COMMISSIONER, DEPARTMENT OF HUMAN RESOURCES OF GEORGIA, ET AL. v. J. R. ET AL.

Supreme Court of United States.

Reargued October 10, 1978.

Decided June 20, 1979.

Attorney(s) appearing for the Case

R. Douglas Lackey, Assistant Attorney General of Georgia, reargued the cause for appellants. With him on the briefs on the original argument were Arthur K. Bolton, Attorney General, Robert S. Stubbs II, Executive Assistant Attorney General, Don A. Langham, First Assistant Attorney General, Michael J. Bowers, Senior Assistant Attorney General, and Carol Atha Cosgrove, Assistant Attorney General.

John L. Cromartie, Jr., reargued the cause for appellees. With him on the brief on the original argument was Gerald R. Tarutis.*

Solicitor General McCree, Assistant Attorney General Days, Brian K. Landsberg, and Mark L. Gross filed a brief for the United States as amicus curiae.

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

The question presented in this appeal is what process is constitutionally due a minor child whose parents or guardian seek state administered institutional mental health care for the child and specifically whether an adversary proceeding is required prior to or after the commitment.

I

(a) Appellee1 J. R., a child being treated in a Georgia state mental hospital...

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