G.A.D. v. State

865 P.2d 100, 1993 Alas. App. LEXIS 56
CourtCourt of Appeals of Alaska
DecidedDecember 17, 1993
DocketA-4430
StatusPublished
Cited by4 cases

This text of 865 P.2d 100 (G.A.D. v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
G.A.D. v. State, 865 P.2d 100, 1993 Alas. App. LEXIS 56 (Ala. Ct. App. 1993).

Opinion

OPINION

MANNHEIMER, Judge.

G.A.D. was adjudicated a delinquent minor for sexually abusing his three-year-old broth[101]*101er. He was placed in residential sex offender treatment at the Jesse Lee Home in Anchorage. G.A.D. failed to show improvement after ten months of treatment, and he committed a new offense by escaping from the Home. As a consequence, the Jesse Lee staff, the Division of Family and Youth Services, and G.A.D.’s guardian ad litem all asked the superior court to order G.A.D. institutionalized at the McLaughlin Youth Center so that he could receive a more structured, confrontational sex offender treatment.

In testimony given at the disposition hearing, G.A.D.’s mother characterized her son as manipulative, deceitful, and self-pitying. She stated that G.A.D. had failed to respond to treatment at the Jesse Lee Home because he refused to acknowledge that he had any problem. She believed that her son needed to be in a place with constant supervision, where he would be confronted about his inappropriate behavior and attitudes.

Jeri Lynn Fairley, a clinical therapist employed by Alaska Children Services, works at the Jesse Lee Home treating juvenile sex offenders. Fairley testified that, despite treatment, G.A.D. continued to groom other Jesse Lee residents for sexual activity. She believed that G.A.D. posed a high danger because he was one of the few juveniles who had re-offended while participating in the sex offender program.1 Fairley stated that G.A.D. appeared to be extremely self-centered, showing no empathy either for his victims or for anyone else.

According to Fairley, G.A.D. failed to perceive the seriousness of his conduct and failed to take responsibility for his behavior. He acted as if the Home’s rules did not apply to him. Fairley concluded that G.A.D. needed “a highly structured environment so that the rules and restrictions, [and the] consequences of his behavior, [can] be clearly laid out for him.”

Fairley believed that G.A.D.’s suggested alternative of foster care would not be restrictive enough for him. Foster parents would not be able to provide the around-the-clock monitoring G.A.D. was receiving at the Jesse Lee Home. Fairley noted that, even with this constant monitoring, G.A.D.’s behavior had not been good at Jesse Lee. Fairley concluded that, from a therapeutic point of view, G.A.D.’s placement in a foster home would be counter-productive. She also recommended against placing G.A.D. in any group residential facility similar to Jesse Lee. Given G.A.D.’s failure to improve in the group home environment at Jesse Lee, Fairley concluded that G.A.D. needed a confrontational environment where he would receive immediate responses to his inappropriate behavior. For these reasons, Fairley recommended placing G.A.D. at the McLaughlin Youth Center.

Joan Moyland, G.A.D.’s probation officer with the Division of Family and Youth Services, also testified that institutionalizing G.A.D. at the McLaughlin Youth Center would be appropriate. She reported that G.A.D. had told her that he didn’t feel he was being rewarded for his good behavior at Jesse Lee, so he didn’t see any reason for him to try to maintain good behavior.

Moyland told the court that foster placement would not be appropriate for G.A.D. because he was not motivated to change his behavior. He had engaged in serious sexual misbehavior, and he had not responded to treatment at the Jesse Lee Home. One of the main reasons for G.A.D.’s lack of improvement at Jesse Lee was that G.A.D. did not understand that he needed treatment. Moyland believed that, until G.A.D. made significant changes in his behavior, he would continue to represent a danger to the community; and she pointed out that G.A.D. would have more opportunity to translate that danger into reality if he were placed in a foster home.

Moyland also recommended against placing G.A.D. in another residential program such as the Kenai Care Center, given G.A.D.’s lack of progress at the Jesse Lee Home. Moyland, who is familiar with all the potential placements within Alaska, described the Kenai Care Center as having a program similar to that of the Jesse Lee Home, except that the rules at the Kenai [102]*102Care Center are more lenient, the therapy is less intensive, and residents at the Kenai Care Center attend school in the community. (Jesse Lee has a self-contained school for the juveniles residing there.)

Moyland told the court that, since G.A.D. failed to improve at the Jesse Lee Home, it was unrealistic to expect him to improve at the Kenai Care Center. Moreover, because G.A.D. would have more access to the community at the Kenai Care Center, he would pose a greater danger. Thus, she concluded, the Kenai Care Center would not be an appropriate placement for G.A.D.

Moyland testified that there were no other treatment options available. Consequently, the sex offender program at the McLaughlin Youth Center represented the least restrictive treatment option that would meet G.A.D.’s needs.

G.A.D. opposed the requested institutionalization. He conceded that his placement at the Jesse Lee Home had not worked. Nevertheless, he argued that the State had failed to show that institutionalization at McLaughlin was required — i.e., that no less restrictive alternative existed that would adequately achieve his rehabilitation and protect the public.

G.A.D.’s attorney suggested that G.A.D. be placed in a foster home, and that he receive out-patient sex offender therapy while living there. She told the court that she would present testimony at the hearing to demonstrate that therapists were available in Anchorage “who do out-patient therapy for ... sex offenders, and [also] that there are ... new [treatment] groups being formed ... for juvenile sex offender[s].” However, despite her offer of proof, G.A.D.’s attorney presented scant evidence about any such programs.

In fact, the one witness G.A.D. did present — his guardian ad litem, Marsha Honea— told the court that foster home placement would not be appropriate. Concurring in the recommendations of G.A.D.’s mother, his therapist, and his probation officer, Honea told the court that G.A.D. needed more intensive treatment and more structure than he would get in a foster home. He needed to be placed in a structured environment where

he would be “safe with others and safe with himself”. Although Honea did not want to see G.A.D. placed in McLaughlin, she told the court that there were no other viable alternatives.

Following this day and a half of testimony and argument, and after considering the case overnight, Superior Court Judge John Reese ordered G.A.D. committed to the sex offender treatment program at the McLaughlin Youth Center. G.A.D. appeals the superior court’s order. We affirm.

G.A.D. points out that Alaska Delinquency Rule 23(d) requires the superior court to choose “the least restrictive ... disposition ... that addresses the juvenile’s treatment needs and protects the public”. Even before the current Delinquency Rules were enacted, this court recognized that the superior court in a delinquency case is obliged to “consider and reject less restrictive alternatives prior to imposing] [a] more restrictive [disposition]”. R.P. v. State, 718 P.2d 168, 169 (Alaska App.1986).

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865 P.2d 100 (Court of Appeals of Alaska, 1993)

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Bluebook (online)
865 P.2d 100, 1993 Alas. App. LEXIS 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gad-v-state-alaskactapp-1993.