IN RE: SAUERS.

No. 66 C.D. 1981.

68 Pa.Commw. 83 (1982)

In Re: April Sauers. Commonwealth of Pennsylvania, Department of Public Welfare, Appellant.

Commonwealth Court of Pennsylvania.

July 30, 1982.


Attorney(s) appearing for the Case

Mary Alexine Reilly, for appellant.

James H. McLean, County Solicitor, with him Dennis R. Biondo, Assistant County Solicitor, for appellee, County of Allegheny, Mental Health/Mental Retardation Program.

Argued May 4, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, CRAIG and MacPHAIL.


OPINION BY JUDGE BLATT, July 30, 1982:

This is an appeal by the Department of Public Welfare (DPW) from an order of the Court of Common Pleas of Allegheny County requiring the DPW to allocate funds to the Allegheny County Mental Health/Mental Retardation Program (County) for the placement of a mentally retarded person, April Sauers, in a community-based residence.

In 1979, April Sauers was committed to an institution for the mentally retarded pending the County...

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