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WAYNE K. (02/21/78)

decided: February 21, 1978.

IN THE INTEREST OF: WAYNE K., A MINOR. ALLEGHENY COUNTY CHILD WELFARE SERVICES, APPELLANT


Appeal from the Order of the Court of Common Pleas of Allegheny County in case of In Re: Wayne K., a minor, No. 2027-75.

COUNSEL

James A. Esler, Assistant County Solicitor, with him Alexander J. Jaffurs, County Solicitor, for appellant.

Kellen McClendon, Assistant Attorney General, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Rogers and Blatt. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 34 Pa. Commw. Page 12]

Allegheny County Child Welfare Service (Appellant) appeals the decision of the court of common pleas which held that it, rather than the Department of Public Welfare of the Commonwealth of Pennsylvania (DPW), should bear the cost of the placement of a mentally disturbed child in a private care facility. Appellant asserts that it is DPW's responsibility to pay the entire cost. We cannot agree and affirm the court below.

The circumstances in which DPW is obligated to pay the entire cost*fn1 of the care of an individual are specifically listed in Section 507 of the Mental Health and Retardation Act of 1966, Act of October 20, 1966, Special Sess. No. 3, P.L. 96, as amended, 50 P.S. ยง 4507 (Act), which states:

(a) Except as provided in sections 501, 502, and 505, the Commonwealth shall pay for the following:

(1) Diagnosis, evaluation and care in State operated facilities, or in a facility with which the State may contract.

(2) Such other obligations as may arise under any new program established by the department.

(3) Payments for inpatient care not exceeding sixty days per benefit period, and partial hospitalization not exceeding one hundred twenty days, per year, for persons financially ineligible for such care under the Public Assistance Law.

[ 34 Pa. Commw. Page 13]

(4) Interim care of mentally retarded persons, who have been removed from their homes and who, having been accepted, are ...


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