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NO. COA97-1169 NORTH CAROLINA COURT OF APPEALS Filed: 20 October 1998

CATHY JACKSON, Guardian Ad Litem for Timothy Randall Jackson, minor, Plaintiff-appellant, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES DIVISION OF MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES, and ORANGE PERSON CHATHAM MENTAL HEALTH DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE AUTHORITY, Defendant-appellees. Appeal by plaintiff from order entered 22 April 1997 by Judge Robert H. Hobgood in Orange County Superior Court. in the Court of Appeals 30 April 1998. Legal Services of North Carolina, Mental Health Unit, by Susan M. Epstein and Lewis Pitts; and National Health Law Program, by Jane Perkins, for plaintiff-appellant. Attorney General Michael F. Easley, by Special Deputy Attorney General Robert T. Hargett, and Assistant Attorney General Bruce S. Ambrose, for North Carolina Department of Human Resources Division of Mental Health, Developmental Disabilities, and Substance Abuse Services. Brown & Bunch, by M. LeAnn Nease and Scott D. Zimmerman, for defendant-appellee, Orange-Person-Chatham Mental Health, Developmental Disabilities and Substance Abuse Authority. MARTIN, John C., Judge. In this action, plaintiff, who is the duly appointed guardian ad litem for her minor son, Timothy Randall Jackson (Randy), seeks monetary damages as well as injunctive and declaratory relief. In her amended complaint, plaintiff alleged Heard

that Randy, who resides with her in Orange County, North Carolina, suffers from bipolar and attention deficit disorders,

which have caused him to exhibit severe aggression and impulsivity since he was four years old. Randy has been placed Randy

on a number of psychotropic drugs to control his behavior. is a Medicaid eligible child enrolled in the North Carolina Alternatives Mental Health Managed Care Program (Carolina Alternatives). Defendant North Carolina Department of Human

Resources Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (DMH) is the single state agency designated by G.S.

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