Kern County Hospital Auth. v. Dept. of Corrections & Rehabilitation
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As four medically comprised inmates who required skilled nursing care were approaching their parole dates, the California Department of Corrections and Rehabilitation (CDCR) unsuccessfully attempted to locate post-parole skilled nursing facilities. When their parole dates arrived, the CDCR paroled them to Kern County and transported them to the emergency department at Kern Medical Center (KMC), a licensed general acute care hospital. Kern County Hospital Authority (Hospital Authority), which operates KMC, sought a peremptory writ of mandate and injunction against the CDCR and its Secretary.
The trial court granted the Writ, and the CDCR appealed, arguing it does not have a ministerial duty to obtain Hospital Authority’s express consent before transporting parolees to KMC’s emergency department.
The Fifth Appellate District reversed, holding that the Department failed to comply with regulation 79789 when transferring the parolees to KMC, and therefore abused its discretion. However, finding that the injunction was overbroad, the Fifth Appellate District remanded to the trial court for issuance of a new peremptory writ.
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