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IN RE D.C.

No. 91-564.

618 A.2d 1325 (1992)

In re D.C.

Supreme Court of Vermont.

November 6, 1992.

Attorney(s) appearing for the Case

Valerie White and Ruth Oberg, Law Clerk, On the Brief, Hyde Park, for petitioner-appellant.

Jeffrey L. Amestoy, Atty. Gen., Montpelier and Janet Bull, Asst. Atty. Gen., Waterbury, for respondent-appellee.

Dixie Henry, Vermont Development Disabilities Law Project, Burlington, for amicus curiae Vermont Protection and Advocacy, Inc.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

MORSE, Justice.

D.C., a 27-year-old mentally retarded man sentenced for attempted sexual assault, appeals from the dismissal of a petition to place him in the custody of the commissioner of Mental Health and Mental Retardation. The family court dismissed the petition because the commissioner could not reasonably afford to treat D.C. at the relatively high predicted cost. In defending the dismissal, the commissioner claims that the court should have dismissed the petition...

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