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DELAWARE COUNTY AND CHILD CARE SERVICE DELAWARE COUNTY INSTITUTION DISTRICT v. COMMONWEALTH PENNSYLVANIA (03/09/78)

decided: March 9, 1978.

DELAWARE COUNTY AND THE CHILD CARE SERVICE OF THE DELAWARE COUNTY INSTITUTION DISTRICT, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Board of Arbitration of Claims in case of Delaware County and The Child Care Service of the Delaware County Institution District v. Commonwealth of Pennsylvania, Department of Public Welfare, Frank S. Beal, Secretary, Docket No. 490.

COUNSEL

Joel S. Robbins, with him Robbins and Katz, for appellant.

Robert B. Hoffman, Assistant Attorney General, for respondent.

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

Author: Rogers

[ 34 Pa. Commw. Page 167]

The Delaware County Institution District (Institution District) has filed a Petition for Review by which it seeks to overturn the action of the Pennsylvania Department of Public Welfare (DPW) deducting $1,060,844.55 from the Institution District's grant for child welfare programs for the calendar year 1976 in recoupment of the same amount overpaid in the grant to the Institution District for the same programs in and for its 1974 calendar year.

Section 704 of the Public Welfare Code, Act of June 13, 1967, P.L. 31, as amended, 62 P.S. ยง 704, provides that:

(a) The [Pennsylvania Department of Public Welfare] shall make annual grants to county institution districts or their successors to defray part or all, as the case may be, of the cost of child welfare programs authorized by law and developed jointly with the department in the following amounts of the total of all such approved expenditures for all county institution districts or their successors:

(1) Until June 30, 1974, no more than sixty percent.

(2) From July 1, 1974 to June 30, 1975, no more than seventy-five percent.

(3) From July 1, 1975 and thereafter, no more than ninety percent.

(b) In the event that sufficient State funds to pay the full amount of the grants to which county institution districts or their successors may be ...


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