McGilvery

A rehearing was ordered to consider the contention of the defendant, first elaborated upon in the petition for rehearing, that the provisions of the Welfare and Institutions Code, sections 6650 et seq., held by the court in the former opinion to impose an absolute liability on a mother to pay for the care, support and maintenance of her mentally ill daughter in a state institution, is a deprivation of property without equal protection of law and without just compensation in violation of the state and federal Constitutions.

In 1935 Joan McGilvery, daughter of the decedent was adjudged mentally ill and from that time has been confined in state hospitals and maintained and provided for by state *748 agencies whose interests the Department of Mental Hygiene now represent. When first confined Joan was the wife of Neil McGilvery. Their son Laurence, was 3 years of age. In 1936 the husband disappeared and his whereabouts remain unknown. Joan’s mother took Laurence into her home and provided for his support and education. In 1955 she died. Her will was admitted to probate and Laurence, then an adult, was named as executor. Other than a $1,000 trust fund for the benefit of Joan, the…

The majority’s holding that the liability mentioned in section 6650 of the Welfare and Institutions Code is unconditionally imposed, regardless of *762 ability to pay, is, in my view, neither required by the statute, nor, if we read the section in context, is the holding reasonable. The majority’s construction is not reasonable in that (1) other provisions of the subject legislative plan indicate that the liability of relatives to reimburse the state is conditioned on ability to pay and (2) substantial portions of the scheme, vital to the integrity of its objectives, are rendered constitutionally void by the majority holding.

As hereinafter developed, the majority construction offends not only the salutary statutory plan but converts it into an implement whereby private property may be taken without compensation, an arbitrary classification is made, equal protection of the laws is denied, and a gift of “public money or thing of value” is authorized.

The Welfare and Institutions Code, with its comprehensive provisions for the liability of responsible relatives to reimburse the appropriate public agency for the support of the needy, is the measure of the subject liability; its…

A rehearing was ordered to consider the contention of the defendant, first elaborated upon in the petition for rehearing, that the provisions of the Welfare and Institutions Code, sections 6650 et seq., held by the court in the former opinion to impose an absolute liability on a mother to pay for the care, support and maintenance of her mentally ill daughter in a state institution, is a deprivation of property without equal protection of law and without just compensation in violation of the state and federal Constitutions.

In 1935 Joan McGilvery, daughter of the decedent was adjudged mentally ill and from that time has been confined in state hospitals and maintained and provided for by state agencies whose interests the Department of Mental Hygiene now represent. When first confined Joan was the wife of Neil McGilvery. Their son Laurence, was 3 years of age. In 1936 the husband disappeared and his whereabouts remain unknown. Joan's mother took Laurence into her home and provided for his support and education. In 1955 she died. Her will was admitted to probate and Laurence, then an adult, was named as executor. Other than a $1,000 trust fund for the benefit of Joan, the…