Matter of an Inquiry into Allegations, Etc.

• Court: D.C. Court of Appeals
• Writing for the Court: Kelly
• Citation: Matter of an Inquiry into Allegations, Etc., 430 A.2d 1087 (D.C. 1981)
• Decision Date: 12 May 1981
• Docket Number: No. 13855.,13855.
• Parties: In the Matter of AN INQUIRY INTO ALLEGATIONS OF MISCONDUCT AGAINST JUVENILES DETAINED AT AND COMMITTED AT CEDAR KNOLL INSTITUTION, DEPARTMENT OF HUMAN RESOURCES, et al., Appellants.

Page 1087

430 A.2d 1087

In the Matter of AN INQUIRY INTO ALLEGATIONS OF MISCONDUCT AGAINST JUVENILES DETAINED AT AND COMMITTED AT CEDAR KNOLL INSTITUTION, DEPARTMENT OF HUMAN RESOURCES, et al., Appellants.

No. 13855.

District of Columbia Court of Appeals.

Argued November 30, 1979.

Decided May 12, 1981.

Leo N. Gorman, Asst. Corp. Counsel, with whom Louis P. Robbins, Acting Corp. Counsel and Richard W. Barton, Deputy Corp. Counsel, Washington, D. C., at the time the brief was filed, were on the brief, for appellants.

W. Anthony Fitch, Public Defender Service, with whom Silas J. Wasserstrom and A. Franklin Burgess, Public Defender Service, Washington, D. C., were on the brief, for appellees.

Abraham Dobkin, Washington, D. C., for appellee M. T. P Nancy J. Glassman, for appellee D. J. J. Stephen A. Armstrong, Washington, D. C., for appellee K. A. V.

William J. Stone, with whom James R. Rosa, Washington, D. C., was on the brief, for amicus curiae, Local 383, American Federation of Government Emp., AFL-CIO.

Before NEWMAN, Chief Judge, and KELLY and FERREN, Associate Judges.

KELLY, Associate Judge:

The District of Columbia appeals from a comprehensive order mandating sweeping changes in the internal operation of the Children's Center, a residential complex for the care and treatment of juveniles, comprised of two facilities, Oak Hill and Cedar Knoll, and operated by the Social Rehabilitation Administration (SRA) of the Department of Human Resources of the District of Columbia Government (DHR). The order, issued August 7, 1978, was the culmination of a "special proceeding" in the Family Division of Superior Court in which the trial judge conducted a broad inquiry into allegations of mistreatment of juveniles detained and committed at the institution. We hold that the trial court was without jurisdiction to grant the relief contained in its final order since the four juveniles originally before the court were no longer in custody at the Children's Center on August 7, 1978, and there was no class action complaint brought on behalf of all juveniles detained and committed at Cedar Knoll and Oak Hill. Therefore, the order must be vacated.

I

During the period of September 16-23, 1977, Judge Gladys Kessler presided as new referrals judge in the Juvenile Branch of the Family Division of Superior Court. In that capacity she conducted individual proceedings concerning the status of four juveniles who had been placed at the Cedar Knoll facility, which is used for detention of juveniles prior to delinquent proceedings and for confinement following delinquency adjudications.¹ Each of these four juveniles alleged they were victims of serious mistreatment during their confinement at Cedar Knoll, which prompted Judge Kessler to initiate the "special proceeding" by issuing on September 26, 1977, an order, sua sponte, which stated in part:

This Court has the authority to inquire into the conditions surrounding the detention and incarceration of juveniles who come before it. This Court also has the authority to issue all necessary orders in aid of its jurisdiction over juveniles. Upon hearing allegations of misconduct of this magnitude, especially when confirmed in two instances by Department of Human Resources personnel, this Court has a plain duty to discover what is happening to the children being sent, involuntarily and by order of this Division, to Cedar Knoll. If there is validity to what, at this point, are still unsworn and unproven charges, then the horror of what is happening to children at Cedar Knoll is almost beyond belief. But only a full and fair inquiry can establish one way or the other, whether there is any substance to these charges. . . . [Citations omitted.]

Judge Kessler directed a number of persons, including the four juveniles, their respective counsel, and administrators and employees of the Children's Center, to present testimony at a series of fact-finding hearings which were held on six days over the seven-month period from September 29, 1977 to April 14, 1978. Also on September 26, 1977, out of "a concern that factual issues might be presented which would prove to be beyond the investigatory resources of the four respondents' attorneys," Judge Kessler ordered the Public Defender Service (PDS) to "represent all juveniles detained and committed at Cedar Knoll" for purposes of the inquiry.

At the first of the hearings held before Judge Kessler, each of the four juveniles repeated their original allegations of mistreatment. They recounted incidents of physical abuse and sexual assaults by counselors; physical attacks and beatings by other juveniles which are allowed to occur because of inadequate supervision; drug abuse by both students and counselors and distribution of narcotics to students by counselors; administration of prescription drugs by untrained personnel; and, instances where juveniles who were clearly in need of medical attention were denied access to treatment by counselors. On the whole, the picture painted by these four juveniles was disturbing enough to shock even the most apathetic among our citizenry. For Judge Kessler, who in her role as new referrals judge in the Juvenile Branch had on occasion ordered young people confined at the Children's Center, these allegations were especially appalling, and so she continued her inquiry in earnest. The final order describes the next stages of the proceedings:

Once it became clear that the testimony taken supported the initial allegations which had been made, the focus of the proceeding before the Court changed. Discovery was undertaken by PDS, extensive Answers to Interrogatories were filed, conferences were held between the parties so that factual material and joint proposals could be presented to the Court in the most coordinated fashion, and a number of Court hearings were held to explore the joint proposals submitted by the parties as well as their areas of disagreement.

As a result of this inquiry, on May 5, 1978 this Court issued a proposed Order which addressed all subject matter previously explored amongst the parties. At that time the Court published and widely circulated the proposed Order, and requested comments on the Order.² After careful consideration of each of the submissions received, and of further submissions from the Department of Human Resources and the Public Defender Service, the Court [then entered its] final Order in this action. [Order of Aug. 7, 1978, p. 1 & 2.]

On August 17, 1978, the District of Columbia filed a notice of appeal in this court and a motion in Superior Court to stay the August 7, 1978 order pending judicial review. The PDS filed an opposition to the motion for a stay on August 23, 1978, and a reply to the opposition was filed on August 29, 1978. On September 1, 1978, Judge Kessler denied the motion for a stay. That same day the District of Columbia filed a motion in this court for a stay pending appeal. We originally granted the stay on September 6, 1978, and subsequently ordered that it remain in effect pending oral argument on the motion which was held on September 28, 1978. The day after argument we remanded the record for entry of specific findings of fact and conclusions of law as to the jurisdiction of the trial court and the reasons for issuance of the order of August 7, 1978. We also ordered that the stay remain in effect pending further order. On October 30, 1978, we received Judge Kessler's findings of fact and conclusions of law, dated October 27, 1978. Oral argument was heard by the panel on November 30, 1979.

II

The District of Columbia appeals on two grounds: first, that the trial court was without jurisdiction to issue the order, and secondly, that the order is not justified by the evidence adduced at the hearings. Since we hold the order did exceed the jurisdiction of the trial court, we need not determine whether the specific terms of the order are appropriate in light of the evidence. Nevertheless, for purposes of this appeal it is useful to summarize the details of Judge Kessler's order.

In brief, the order requires the DHR to adopt and implement, within 30 days, detailed procedures and standards relating to evaluating and processing complaints of staff abuse and mistreatment of children, including reassignment of staff members pending investigation; to submit to the court a detailed description of a plan for training all cottage counselors, and other staff, in emergency first aid; to submit a detailed explanation of plans for transporting juveniles with medical emergencies; and to submit recommendations concerning nursing staff requirements at the facilities so that the court can issue a final order concerning the employment of nursing personnel. The Department is also directed to cease administering psychotropic drugs or other prescription medication, except under orders of a doctor, with consent of the child's parents in the case of psychotropic drugs. In addition, detailed reports of the administration of such medications are to be maintained and made available to the court. The Department is to submit a plan for identifying and caring for children experiencing emotional illnesses and is not permitted to segregate children experiencing emotional or mental problems except under specific written orders of a doctor, with notice provided to the child's parents and counsel.

The order sets specific staff/child ratios and requires DHR to submit to the court a detailed pre-service and in-service training curriculum for cottage counselors and other staff members, with at least sixty hours of pre-service training and forty hours of in-service training in each years of service thereafter. The DHR is also to upgrade the position of cottage counselor and revise the employment criteria for that position. The DHR is to select from among three alternatives offered by the court for providing adequate protection from physical and sexual abuse for children housed in dormitories...