Department of Health & Mental Hygiene v. Dillman

DAVIS, Judge.

On October 24, 1995, an administrative law judge (ALJ) determined that appellant William Dillman met the statutory-criteria for admission to a State residential center and certified his admission. Dillman appealed to the Circuit Court for Baltimore City, and on October 31, 1995, the court reversed the decision of the ALJ. The Department of Health and Mental Hygiene (DHMH or Department) appeals from the lower court’s decision and presents two questions for our review, which are restated below:

I. Is private residential placement “available,” within the meaning of Md.Code (1994…