MATTER OF COMMITMENT OF B.R.


202 N.J. Super. 182 (1985)

494 A.2d 333

IN THE MATTER OF THE COMMITMENT OF B.R.

Superior Court of New Jersey, Appellate Division.

Decided March 19, 1985.


Attorney(s) appearing for the Case

Paula S. Chaffin, Assistant Deputy Public Advocate, argued the cause for appellant (Joseph H. Rodriguez, Public Advocate, attorney).

Susan Oxford, Deputy Attorney General, argued the cause for respondent, Division of Mental Retardation (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, of counsel).

Patrice M. Connell, Asst. Essex County Counsel, argued the cause for respondent, Essex County Hospital Center (David H. Ben-Asher, County Counsel, attorney).

Before Judges MORTON I. GREENBERG, O'BRIEN and GAYNOR.


PER CURIAM.

This appeal presents the question of whether a committing court may require the Division of Mental Retardation (DMR) to provide services for a patient having a "discharged pending placement" status before the completion of administrative proceedings establishing the patient's eligibility for such services. We conclude that the administrative proceedings must be given preference.

DMR's contact with the patient in this case, B.R., has been of long...

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