State v. Woodworth
State v. Woodworth
Opinion of the Court
In compliance with § 17-324, the state, acting through the welfare commissioner, brought a petition to the Circuit Court for a support order. The defendants were alleged to be legally liable under § 17-295 as parents of a mentally retarded child who was a patient in the state training school at Mansfield, a state humane institution. The case was presented on a stipulation of facts, summarized herein.
Peter Woodworth, a son of the defendants, was a patient at the training school from July 27, 1962, through March 31, 1966, which was the last date
The sole remaining issue is whether the billing was correct as to the periods October through December, 1965, and January through March, 1966. By Public Acts 1965, No. 594 § 1, effective October 1, 1965, § 17-295 was amended by sharply reducing the maximum rate chargeable to legally liable relatives for the support of mentally retarded patients in a humane institution and by establishing new methods for determining liability for payment. This statute appears as § 17-295 (h) and is printed in the footnote.
In its memorandum of decision, the court refers to a regulation of the welfare commissioner prescribing that the “latest income tax return” shall be furnished to him by the liable relative. The court then, in agreement with the defendants’ claims in their brief, concludes that “in using the income of the previous year (as the commissioner seeks to do in this case), [the commissioner’s regulation] is not relevant to the actual financial income of a liable relative in the current year.”
In holding that §§ 17-320 and 17-295 set the standard of legally liable persons as the ability to pay, the court has ignored the 1965 amendment referred to above. Until October 1, 1965, the maximum rate, with certain exceptions not applicable here, chargeable to legally liable relatives of patients cared for in our mental hospitals and state training schools could not exceed $26.95 per week. § 17-295 (b). By the act of 1965, patients in state training schools, under the circumstances here present, were specifically exempt from the operation of § 17-295 (b), and the liability became fixed by the more liberal schedule provided in subsection (h). This obligation,
It is clear from the foregoing that the defendants, by the legislation of 1965, have been placed in a more favorable classification than they had occupied hitherto. Their obligation has been reduced, on an annual basis, from approximately $1401.40, at the former weekly maximum of $26.95, to a comparable annual payment of $422.40 at the maximum monthly rate of $35.20, or $518.40 at the maximum monthly
To have adopted the suggested accounting method based on ability to pay not only would be in contravention of the statute but would involve the commissioner in expensive and unnecessary overhead to determine what are hardly more than token contributions toward the vastly larger amounts paid by the state for medical and hospital care, nursing, training programs and the necessities of food, shelter and clothing.
The stipulation was unclear in its statement of the amount owed by the defendants for the six months following September 30, 1965. The total for each of the three-month periods, as stipulated,
There is error in part, the judgment is affirmed as to the sum of $3245.49 due for arrearages as of September 30, 1965, but is set aside so far as it denies the prayer for an order of payment under subsection (h) of § 17-295, and a new trial is ordered limited to that issue.
In this opinion Dearington and Levine, Js., concurred.
“Sec. 17-295. support in humane institutions. ... (h) The maximum rate to be charged for the support of each person who is a patient in a humane institution by reason of being mentally retarded shall be determined according to the following schedule:
Taxable Income Per Annum of Person Liable for Support
Maximum Monthly Rate of Contribution
At least $4,000 but less than $5,000 $16.00
At least $5,000 but less than $6,000 $22.40
At least $6,000 but less than $7,000 $28.80
At least $7,000 but less than $8,000 $35.20
At least $8,000 but less than $9,000 $43.20
At least $9,000 but less than $10,000 $56.00
At least $10,000 but less than $11,000 $72.00
At least $11,000 but less than $12,000 $88.00
At least $12,000 $94.00
No person whose taxable income per annum is less than four thousand dollars shall be charged for support under this subsection. As used in this subsection, 'taxable income’ means that term as defined for purposes of the federal internal revenue code.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.