In re D.F.
New Jersey Superior Court, Appellate Division
145 N.J. Super. 381, 367 A.2d 1198 (1976)
- Written by Meredith Hamilton Alley, JD
Facts
The juvenile court (defendant) adjudicated D.F. to be a juvenile delinquent and placed D.F. in the custody of the Division of Youth and Family Services (DYFS) (plaintiff). The court then ordered DYFS to place D.F. into the care of the Institute of Pennsylvania Hospital, one of the best mental-health care facilities in the country. Under the order, DYFS had to pay for D.F.’s care, which cost tens of thousands of dollars. The only purpose of the adjudication was to procure excellent mental-health care for D.F. at the cost of the state. DYFS appealed, arguing that the court could not unilaterally select a treatment facility and order DYFS to pay for treatment. If the courts were permitted to do so, DYFS said, DYFS would be unable to fairly provide care for the more than 43,000 children in its custody, as required by statute.
Rule of Law
Issue
Holding and Reasoning (Morgan, J.)
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