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JOYNER v. DUMPSON

No. 75 Civ. 35.

533 F.Supp. 233 (1982)

Jay Andrew JOYNER, et al., Plaintiffs, v. James DUMPSON, et al., Defendants.

United States District Court, S. D. New York.

February 10, 1982.

Attorney(s) appearing for the Case

Marcia Robinson Lowry, George Kannar, American Civil Liberties Union, New York City, for plaintiffs; Steven R. Shapiro, New York City, of counsel.

Frederick A. O. Schwarz, Corp. Counsel, New York City, for defendants; Pamela Gaskins, New York City, of counsel.

Robert Abrams, Atty. Gen., State of New York, New York City, for State; Amy Juviler, Asst. Atty. Gen., New York City, of counsel.

OPINION

GAGLIARDI, District Judge.

At issue in this action is the constitutionality of a New York statute, N.Y. Social Services Law § 358-a (McKinney Supp. 1980-1981), which requires that parents of children in need of treatment and supervision outside their homes relinquish custody of their children to the state as a condition of admission of the children to residential care facilities at state expense...

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