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SWENSON v. STATE, DEPT. OF PUBLIC WELFARE

No. C9-82-34.

329 N.W.2d 320 (1983)

James SWENSON, et al., Appellants, v. STATE of Minnesota, DEPARTMENT OF PUBLIC WELFARE, Respondent, Kittson County Welfare Board, Respondent.

Supreme Court of Minnesota.

January 21, 1983.

Attorney(s) appearing for the Case

Stephen E. Scott, Minneapolis, for Legal Advocacy for Developmentally Disabled Persons in Minnesota.

Hubert H. Humphrey, III, Atty. Gen., and Alan Held, Sp. Asst. Atty. Gen., St. Paul, for State of Minn., Dept. of Public Welfare.

Brink, Sobolik, Severson & Vroom and Ronald C. Vroom, Hallock, for Kittson County Welfare Bd.

John H. LeMay, St. Paul, amicus curiae for ARC-MN.

Peter W. Brown, Minneapolis, amicus curiae, for MDACA and ARRM.

Heard, considered and decided by the court en banc.

WAHL, Justice.

This case involves the provisions of Developmental Achievement Center (DAC) services to mentally retarded adults mandated by Department of Public Welfare (DPW) Rule 160, 12 M.C.A.R. § 2.160 (1982). The issues raised are whether those mandatory services may be reduced when funds are in short supply and, if so, what procedures must be followed. The case arises out of Kittson County but has implications statewide in the area of county budgeting for...

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