County of Allegheny v. Department of Public Welfare

Opinion by

Judge Kramer,

This is an action in mandamus commenced by the County of Allegheny and numerous associations and individuals (Plaintiffs) and which seeks an order compelling the Department of Public Welfare (Department) to reimburse the County for all expenditures made for the interim care of mentally retarded persons who have been accepted by, and are awaiting admission to, a State facility. The case is presently before us on the Plaintiffs’ motion for Judgment on the Pleadings.

*381Under the provisions of the Mental Health and Retardation Act of 1966 (Act),1 the Commonwealth and the…