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STATE EX REL. PALMER v. HANCOCK COUNTY

No. 88-1326.

443 N.W.2d 690 (1989)

STATE of Iowa ex rel. Charles PALMER, Director, Division of Mental Health/Mental Retardation/Developmental Disabilities, Iowa Department of Human Services, Appellant, v. HANCOCK COUNTY, Hancock County Board of Supervisors, Appellees.

Supreme Court of Iowa.

Rehearing Denied August 11, 1989.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Gordon E. Allen, Deputy Atty. Gen., and Valencia Voyd McCown, Asst. Atty. Gen., for appellant.

Ted Hovda, County Atty., and Emil Trott, Jr. of Barrett & Trott, Des Moines, for appellees.

Considered by LARSON, P.J., and CARTER, NEUMAN, SNELL, and ANDREASEN, JJ.

LARSON, Justice.

"Lloyd B." is a mentally retarded adult presently living in a care facility in Winnebago County, Iowa. The district court concluded in this declaratory judgment action that under Iowa Code section 222.60(2) (1987), Lloyd's care must be provided by the State because he had no "legal settlement" within the state. The State appealed, claiming that Lloyd's legal settlement is Hancock County, which is required by Iowa Code section 222.60(1) to pay for...

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