Halderman v. Pennhurst State School and Hosp.
Citation | 555 F. Supp. 835 |
Decision Date | 24 January 1983 |
Docket Number | Civ. A. No. 74-1345. |
Parties | Terri Lee HALDERMAN et al. v. PENNHURST STATE SCHOOL AND HOSPITAL et al. |
Court | U.S. District Court — Eastern District of Pennsylvania |
David Ferleger, Herbert B. Newberg, Philadelphia, Pa., for Terri Lee Halderman.
Thomas M. Kittredge, Philadelphia, Pa., for Bucks, Chester and Delaware Counties.
Robert B. Hoffman, Deputy Atty. Gen., Harrisburg, Pa., for Com. of Pa.
Thomas Gilhool, Public Interest Law Center, Philadelphia, Pa., for Pennsylvania Assn. for Retarded Citizens.
Pamela P. Cohen, Philadelphia, Pa., for Pennhurst Parents Assn.
Terisa Chaw, Civil Rights Div., Dept. of Justice, Washington, D.C., for U.S.
R. Stephen Barrett, Asst. County Sol., Norristown, Pa., for Montgomery County.
Marc H. Myers, Asst. City Sol., Philadelphia, Pa., for Philadelphia County.
On December 23, 1982, this Court, 555 F.Supp. 1142, entered an Order requiring the Commonwealth defendants in this litigation to "administer and assure funding for the certified advocate program as currently operated." On December 29, 1982, the Commonwealth defendants submitted their proposed plan for complying with the Order of December 23, 1982 (see Dkt. No. 1726, filed January 3, 1983). On January 4, 1983, counsel for the plaintiff class filed a Motion for Contempt for Violation of the December 23, 1982 Order, averring that the Commonwealth defendants' proposal was, on its face, contempt of this Court's Order and that the conduct of the Commonwealth defendants constituted contempt of this Court's Order. On January 17, 1983, this Court held a hearing for the purpose of determining whether the Commonwealth defendants' advocacy plans and actions since January 1, 1983 comply with the Court's Memorandum and Order of December 23, 1982. Based on the evidence presented at the hearing, for the reasons hereinafter set forth, this Court has determined that the Commonwealth defendants are not in compliance with the December 23 Order and did not take all reasonable steps within their power to comply with the December 23 Order. This Court will therefore enter an Order requiring the Commonwealth defendants to achieve compliance with the December 23 Order on or before February 15, 1983 and to file with this Court a report of their actions to achieve compliance on or before January 31, 1983.
This litigation, whose history is discussed extensively in the Court's Memorandum of January 14, 1983, began in 1974 as a class action on behalf of retarded residents of the Pennhurst State School and Hospital. After a 32-day trial, this Court made findings of fact and conclusions of law holding that the conditions at Pennhurst violated the statutory and constitutional rights of the retarded residents of Pennhurst. As part of the injunctive remedy ordered by the Court, a professional planning process was to be undertaken for each class member with the aim of providing each retarded class member minimally adequate habilitation in the least restrictive environment. In this planning process, the parent or other close relative or guardian of the class member normally serves as an advocate for the retarded individual during the planning process, which also involves the retarded citizen's case manager, who is a county employee, and Pennhurst professional staff, who are state employees. The advocate is necessary to ensure that a voice independent of the government-employed professionals may raise questions and issues on behalf of the retarded citizen who in many instances is not capable of articulating his or her own needs. (For a more complete description of the IHP planning process, see Memorandum of December 22, 1982).
Order of April 24, 1980, paragraph 9.0, at 31.
The defendants having failed to establish a program of Certified Advocates, the Office of the Special Master began a program whereby advocates were trained, certified, paid and supervised so that class members who did not have interested parents or guardians would have someone articulating their needs before, during, and after the individual habilitation planning process.
On August 12, 1982, this Court entered an Order directing the Special Master to plan to phase out the operations of the Office of the Special Master on or before December 31, 1982. On September 22 and 29, 1982, this Court, mindful of the planned phaseout of the Office of the Special Master, held a hearing concerning the Commonwealth defendants' plans to provide advocacy services for those class members requiring an advocate. At the conclusion of the hearing, the Court directed the Commonwealth defendants to provide this Court with a definite plan for advocacy (see Order of September 29, 1982). This plan was to be submitted by November 1, 1982. On November 1, the Commonwealth defendants requested an additional 30 days to prepare the plan; the Court granted this request (see Order of November 12, 1982). On December 2, 1982, the Commonwealth defendants submitted a proposal (see Dkt. No. 1681) which they admitted was still in the process of being negotiated with an outside agency (see Dkt. No. 1761, letter of Edwin R. Frownfelter, Executive Director of Pennsylvania Developmental Disabilities Advocacy Network, regarding friend advocacy to this Court (dated December 23, 1982)).
Memorandum of December 23, 1982, 555 F.Supp. at 1144.
Order of December 23, 1982, 555 F.Supp. at 1143. The Order specifically provided that it would remain in full force and effect until the Commonwealth defendants obtained this Court's approval of an alternative advocacy system still in the process of being planned by the Commonwealth defendants.
The Court's Memorandum and Order of December 23, 1982 is clear. It requires the Commonwealth defendants to continue to provide the certified advocacy services to the plaintiff class which had heretofore been provided through the program administered by the Office of the Special Master. The December 23 Order required the Commonwealth defendants to assure that the retarded citizens assigned to advocates as of December 31,...
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Halderman v. Pennhurst State School and Hosp.
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