In re the Commitment of B.R.

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…