(DOWNLOAD) "Dept. of Public Welfare v. Bohleber" by Supreme Court of Illinois " Book PDF Kindle ePub Free
eBook details
- Title: Dept. of Public Welfare v. Bohleber
- Author : Supreme Court of Illinois
- Release Date : January 29, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This cause originated in the county court of White County when the Department of Public Welfare, proceeding under authority of article IX of the Mental Health Code (Ill. Rev. Stat. 1959, chap. 91 1/2, pars. 9-1 et seq.) filed a claim of $5,750.10 in the estate of Clara M. Hughey, deceased, for the cost of decedent's maintenance as a patient in the Anna State Hospital from January 1, 1952, to the date of her death in May, 1959. The administrator filed objections, the Department filed an answer, supported by exhibits, and requested affirmative relief. After a hearing, the county court denied the claim in its entirety. The Department has prosecuted a direct appeal to this court since the State is an interested party and its financial interests are involved. Department of Public Welfare v. A'Hern, 14 Ill.2d 575. Before stating the facts, some consideration of pertinent provisions of the Mental Health Code, which was adopted with effect from January 1, 1952, (Laws of 1951, p. 1585,) will be beneficial to an understanding of the issues involved and the background in which they arise. Section 9-19, with exceptions not applicable here, provides that each patient in a State hospital, and the estate of such patient, is liable for sums representing charges for maintenance, care, etc. at a rate to be determined by the Department of Public Welfare in accordance with the provisions of section 9-20. Further, section 9-19 provides that if the patient is unable to pay, the spouse of such patient, then the parent or parents, child or children of the patient shall be liable. (Ill. Rev. Stat. 1959, chap. 91 1/2, par. 9-19.) Section 9-20, in turn, directs that the rate at which such charges shall be calculated by the Department ""is the average per capita cost of the care, treatment, detention and training of all such patients, such cost to be computed by the Department on the general average per capita cost of operation of all State hospitals for the mentally ill and the mentally deficient for the fiscal year immediately preceding the period of State care for which the rate is being calculated, except that the Department may, in its discretion, set the rate at a lesser amount than such average per capita cost."" Ill. Rev. Stat. 1959, chap. 91 1/2, par. 9-20.