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P.F. v. NEW JERSEY DIV. OF DISAB.

139 N.J. 522 (1995)

656 A.2d 1

P.F. AND B.F., ON BEHALF OF THEIR SON, B.F., PETITIONERS-APPELLANTS, v. NEW JERSEY DIVISION OF DEVELOPMENTAL DISABILITIES, RESPONDENT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 10, 1995.

Attorney(s) appearing for the Case

Herbert D. Hinkle argued the cause for appellants.

Joseph L. Yannotti, Assistant Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General of New Jersey, attorney; Todd A. Wigder and Judith A. Nason, Deputy Attorneys General, on the briefs).

Joseph B. Young, Deputy Director, argued the cause for amicus curiae, New Jersey Protection and Advocacy, Inc. (Sarah W. Mitchell, Executive Director, attorney; Mr. Young, Linda D. Headley, Senior Managing Attorney, and David B. Harris, Deputy Public Defender, on the brief).

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

The basic issue on this appeal is whether the Division of Developmental Disabilities (DDD) has satisfied its burden of proving that the proposed transfer of plaintiff B.F., an autistic twenty-one-year-old man, from the out-of-state institution where he currently resides to a New Jersey institution is appropriate. The chief judge of the Office of Administrative Law (OAL) found that DDD had not met that burden, but...

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