County of Allegheny v. Commonwealth

Opinion by

Judge Wilkinson, Jk.,

Section 507(a)(4) of the Mental Health and Mental Retardation Act of 19661 (Act) provides (with exceptions not relevant here) that the Commonwealth shall pay for the “[ijnterim care of mentally retarded persons, who have been removed from their homes and who, having been accepted, are awaiting admission to a State facility.” Plaintiffs have brought an amended complaint in mandamus, alleging that the Commonwealth is liable for the entire cost of such care and seeking to compel the Commonwealth, through the Department of Public Welfare (Department), to reimburse…