Halderman v. PENNHURST STATE SCH. AND HOSP.

• Decision Date: 23 December 1982
• Docket Number: Civ. A. No. 74-1345.
• Citation: 555 F. Supp. 1142
• Parties: Terri Lee HALDERMAN et al., Plaintiffs, v. PENNHURST STATE SCHOOL AND HOSPITAL et al., Defendants, United States of America, Plaintiff-Intervenor, Pennsylvania Association for Retarded Citizens et al., Plaintiffs-Intervenors.
• Court: U.S. District Court — Eastern District of Pennsylvania

555 F. Supp. 1142

Terri Lee HALDERMAN et al., Plaintiffs, v. PENNHURST STATE SCHOOL AND HOSPITAL et al., Defendants United States of America, Plaintiff-Intervenor Pennsylvania Association for Retarded Citizens et al., Plaintiffs-Intervenors.

Civ. A. No. 74-1345.

United States District Court, E.D. Pennsylvania.

December 23, 1982.

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 the Com. of Pennsylvania.

Thomas Gilhool, Public Interest Law Center, Philadelphia, Pa., for Pennsylvania Ass'n for Retarded Citizens.

Herbert B. Newberg, Philadelphia, Pa., for David Ferleger.

Pamela P. Cohen, Philadelphia, Pa., for Pennhurst Parents Ass'n.

Terisa Chaw, Civil Rights Div., Dept. of Justice, Washington, D.C., R. Stephen Barrett, Asst. County Sol., Norristown, Pa., for Montgomery County.

Marc H. Myers, Asst. City Sol., Philadelphia, Pa., for Philadelphia County.

MEMORANDUM

RAYMOND J. BRODERICK, District Judge.

On August 12, 1982, this Court entered an Order directing the Office of the Special Master to phase out its operations on or before December 31, 1982. One function that has been performed by the Special Master is the monitoring of this Court's Orders which require the appointment of certified advocates to represent members of the plaintiff class who have no parent or close relative who can represent them in the professional planning process conducted pursuant to this Court's Order of March 17, 1978 (446 F.Supp. 1295, 1326) as amended April 24, 1980. It appears that, up to the present time, the Commonwealth defendants have not been active in supervising the program for certified advocates. The Commonwealth defendants have not implemented an effective means of providing any type of advocacy services to the plaintiff class members who require such services. Thus, contemplating the closing of the Special Master's office, the Court has determined that it is necessary to enter an Order requiring the Commonwealth defendants to continue to administer and maintain the advocacy program until such time as the Commonwealth defendants establish an advocacy system approved by the Court.

The Court will not now engage in a long discussion of the history of this case. Suffice it to say that the Court, on the basis of the evidence presented at a 32-day trial held in 1977, found 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.

The Court's original injunctive order in this case (see Order of March 17, 1978, 446 F.Supp. 1326)...