LEVINE v. STATE, DEPT. OF INSTITUTIONS & AGENCIES


84 N.J. 234 (1980)

418 A.2d 229

SOLOMON LEVINE AND MARILYN E. LEVINE, AS GUARDIANS AD LITEM FOR MAXWELL LEVINE, A MINOR, PLAINTIFFS-APPELLANTS, v. STATE OF NEW JERSEY DEPARTMENT OF INSTITUTIONS AND AGENCIES, COUNTY OF BERGEN, BERGEN COUNTY ADJUSTER'S OFFICE AND NORTH JERSEY TRAINING SCHOOL, DEFENDANTS-RESPONDENTS. ROBERT G. GUEMPEL, INDIVIDUALLY AND ON BEHALF OF HIS DAUGHTER, LINDA J. GUEMPEL, A MINOR, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. STATE OF NEW JERSEY, ANN KLEIN, COMMISSIONER OF THE DEPARTMENT OF HUMAN SERVICES, THE COUNTY OF MORRIS AND HELEN BROOKS, MORRIS COUNTY ADJUSTER, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 30, 1980.


Attorney(s) appearing for the Case

David L. Rutherford argued the cause for appellants Solomon and Marilyn E. Levine (Michael J. Mella, attorney).

Joseph E. Irenas argued the cause for respondent and cross-appellant Robert G. Guempel (McCarter & English, attorneys; Jane S. Pollack, on the brief).

Herbert D. Hinkle, Deputy Public Advocate, argued the cause for amicus curiae Public Advocate (Stanley C. Van Ness, Public Advocate, attorney).

Joseph T. Maloney, Deputy Attorney General, argued the cause for appellants and cross-respondents State of New Jersey and Ann Klein in A-61/86/87 and for respondents State of New Jersey Department of Institutions and Agencies and North Jersey Training School in A-55 (John J. Degnan, Attorney General of New Jersey, attorney; Stephen Skillman, Assistant Attorney General, of counsel).

Donald L. Berlin argued the cause for appellants and cross-respondents County of Morris and Helen Brooks (Lieb, Berlin & Kaplan, attorneys).

Kathryn A. Brock submitted a brief on behalf of amicus curiae New Jersey Association for Retarded Citizens, Inc.


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

Plaintiffs in these cases are the parents of two profoundly retarded, school-age children who reside in State institutions for the mentally retarded. These parents are responsible by statute for the costs of institutional care and maintenance provided to their individual children based upon financial ability to pay except as reduced by a small credit attributable to certain...

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