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MOLLY A. v. COMMISSIONER OF THE DEPARTMENT OF MENTAL RETARDATION

No. 06-P-206.

69 Mass. App. Ct. 267 (2007)

MOLLY A. vs. COMMISSIONER OF THE DEPARTMENT OF MENTAL RETARDATION.

Appeals Court of Massachusetts, Suffolk.

June 5, 2007.

Attorney(s) appearing for the Case

Kenneth V. Kurnos (Alfred A. Gray, Jr., with him) for the plaintiff.

Juliana deHaan Rice, Assistant Attorney General (Julie B. Goldman, Assistant Attorney General, with her) for the defendant.

Present: RAPOZA, C.J., LAURENCE, & GREEN, JJ.

LAURENCE, J.

This appeal presents us with an affecting legal struggle between devoted parents and conscientious public officials over the most suitable care for a severely disabled and retarded young woman. It arises out of a complaint for declaratory and injunctive relief filed in July, 2005, by Frank A. and Kim A. (collectively, parents) against the Commissioner of the Department of Mental Retardation (DMR), seeking to prevent the DMR from transferring their then...

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