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J.E. ON BEHALF OF G.E. v. STATE

131 N.J. 552 (1993)

622 A.2d 227

MR. AND MRS. J.E., ON BEHALF OF THEIR SON G.E., PETITIONERS-APPELLANTS, v. STATE OF NEW JERSEY, DEPARTMENT OF HUMAN SERVICES, DIVISION OF DEVELOPMENTAL DISABILITIES, RESPONDENT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 7, 1993.

Attorney(s) appearing for the Case

G. Emerson Dickman, III, argued the cause for appellants (Dickman & Mignogna, attorneys; Mr. Dickman and Margaret F. Mignogna, on the briefs).

Todd A. Wigder, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Lisa Marin Main, Deputy Attorney General, on the brief).

David B. Harris and Joseph B. Young, Deputy Public Advocates, submitted a brief on behalf of amicus curiae, Public Advocate (Zulima V. Farber, Public Advocate, attorney; Sarah Wiggins Mitchell, Director, Division of Advocacy, of counsel).

The opinion of the Court was delivered by STEIN, J.

This appeal concerns the due-process rights of developmentally-disabled persons who challenge placement decisions made by the New Jersey Department of Human Services' Division of Developmental Disabilities (Division or DDD). The parents of a profoundly-retarded young man opposed the DDD's decision to transfer their son to a new residence. They initiated the administrative...

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