Opinion

Gruzinski v. Department of Public Welfare

  • 731 A.2d 246
  • 1999 Pa. Commw. LEXIS 450
Court
Commonwealth Court of Pennsylvania
Filed
Jun 7, 1999
Status
Published
Author
Friedman
On the bench
Colins, Doyle, Smith, Pellegrini, Friedman, Flaherty, Leadbetter
Cited by
18 cases
Authority
More cited than 10.2%

Overruled — as noted by 2 later courts

“In Pennsylvania, the county agency is responsible for determining the Adoption Assistance eligibility not only for children who are in [its] care and custody, but for all children.”

How later courts described this case

  • “In Pennsylvania, the county agency is responsible for determining the Adoption Assistance eligibility not only for children who are in [its] care and custody, but for all children.”

Written by the judges who cited it.

Later courts went against this

  • Overruled — as noted by 2 later courts

    However, Gruzinski v. Dep’t of Public Welfare, 731 A.2d 246 (1999), allocatur denied, 561 Pa. 661, 747 A.2d 902 (1999), and Barczynski v. Dep’t of Public Welfare, 727 A.2d 1222 (Pa.Cmwlth.1999), have been effectively overruled by the Supreme Court of Pennsylvania in the C.B. and J.B. case.
    2 citing opinions

The opinion

FRIEDMAN, Judge,

concurring.

I cannot join the opinion of the majority because I believe that the issues discussed in Parts II through IV have not been raised. However, based on Parts I and V of the majority opinion and this court’s decision in Barczynski v. Department of Public Welfare, 727 A.2d 1222 (Pa.Cmwlth.1999), I concur in the result.

Judge PELLEGRINI joins in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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