In re the Commitment of B.R.
In re the Commitment of B.R.
Opinion of the Court
This appeal presents the question of whether a committing court may require the Division of Mental Retardation (DMR) to provide services for a patient having a “discharged pending placement” status before the completion of administrative proceedings establishing the patient’s eligibility for such services. We conclude that the administrative proceedings must be given preference.
DMR’s contact with the patient in this case, B.R., has been of long standing. When B.R. was seven years old she was acknowledged eligible for DMR services because of her mental retardation. However, in January 1981 she was determined ineligible for DMR residential services. On November 18, 1981 B.R. was involuntarily committed to the Essex County Hospital Center because of her agitated and violent state. In December 1981 she was placed on a “discharged pending placement” status following a placement review hearing before the Essex County Juvenile and Domestic Relations Court and since then has remained confined in a psychiatric hospital. Placement review hearings were held in October and December 1983. At the October hearing a DMR staff member informed the court that B.R. was not eligible for its services because of her active psychosis. Following the hearing in December, the court ordered DMR to evaluate B.R., formulate a placement plan for her and report to the court on January 31, 1984. On January 13, 1984 DMR reported by letter to the court that the evaluation had been made but that B.R. was not eligible for DMR services at that time. It appears that this decision was based upon a review of recent hospital records indicating that B.R.
Subsequent to the filing of the appeal, appellant was notified that the administrative hearing would not be necessary since a decision had been made, based on the record and an interview with B.R., that she was eligible for services. The Essex County Hospital Center was also informed that B.R. had been declared eligible for Intermediate Care Facility/Mental Retardation— Functional Services under DMR and that the service most needed was institutional placement. Despite this decision, appellant does not consider the appeal moot as she asserts appropriate treatment has not been provided by DMR.
Initially, we find that Judge Cohen did not abuse his discretion in permitting DMR to proceed with the administrative process authorized by N.J.S.A. 30:4-25.3 for the purpose of determining B.R.’s eligibility for services. It is well established
Having been found eligible, B.R. had a statutory right to receive functional services. N.J.S.A. 30:4-25.6 requires that the eligible mentally retarded persons be provided “with appropriate functional service to the extent available.” Also B.R. is now entitled to have a habilitation plan developed and placed into effect for her. N.J.S.A. 30:6D-10. Inasmuch as these statutory provisions provide appellant with the services sought and make DMR primarily responsible for furnishing them, it is unnecessary that such entitlement be the subject of a court order. See In re D.D., 118 N.J.Super. 1, 6 (App.Div. 1971). Appellant’s contention that Judge Cohen’s order of April 3, 1984 should be reinstated is therefore without merit.
While the issue of B.R.’s eligibility for DMR services may have been mooted by the division’s decision, there remains the issue of the nature and extent of the services being provided for her. It is suggested by appellant’s counsel that the
Accordingly, the order of the Essex County Juvenile and Domestic Relations Court, now Superior Court, Family Part, Essex County, dated June 11,1984 is affirmed and the matter is remanded to that court with the direction that a review hearing as to B.R.’s status and DMR’s performance in furnishing the required services to B.R. be conducted within 45 days of the date hereof and thereafter every six months until B.R. is discharged from the institution and placed in an alternate facility. We do not retain jurisdiction.
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