In re A.A.I.

483 A.2d 1205
CourtDistrict of Columbia Court of Appeals
DecidedNovember 14, 1984
DocketNo. 83-921
StatusPublished
Cited by10 cases

This text of 483 A.2d 1205 (In re A.A.I.) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re A.A.I., 483 A.2d 1205 (D.C. 1984).

Opinions

YEAGLEY, Associate Judge, Retired:

The issue presented by this appeal is whether the Family Division of the Superi- or Court (the Division) had jurisdiction to order a particular placement for a delinquent juvenile after the conditions of its original commitment order were not executed by the Department of Human Servic[1206]*1206es (DHS). Appellant, the District of Columbia, challenges the authority of the Division to order an alternate placement. Since the original placement order was never executed, we uphold the action of the Division and accordingly affirm the second placement order.

On January 12, 1983, a petition was filed in the Family Division charging respondent with second degree burglary, D.C.Code § 22-1801(b) (1981); first degree theft, id. § 22-3811 (1984 Supp.), and receipt of stolen property, id. § 22-3832. Pending resolution of these charges, respondent A.A.I. was detained at the Children’s Center (Cedar Knoll).1 The detention order of January 12 also directed that respondent “be placed at a Youth Shelter House as soon as possible” following a mental examination by the Child Guidance Clinic and the Mental Health Administration. On February 7, 1983, respondent was placed at Lamont Shelter Home and remained there until March 1, 1983, when he absconded from the facility. Seven days later he was returned to custody, and pursuant to a court order of March 8, 1983, was detained at Cedar Knoll.

On March 30, 1983, respondent entered a plea of guilty to two of the three counts. Disposition was scheduled for April 14, 1983. Following a series of continuances, a disposition hearing on the matter of respondent’s placement was ultimately held on May 20, 1983. At the hearing, conflicting reports concerning a suitable placement for respondent were submitted to the Division. The Residential Review Committee of DHS urged that respondent be placed at the Cedar Knoll facility permanently. Court-ordered psychiatric and psychological evaluations, however, disagreed and recommended that respondent be placed in a residential treatment facility equipped with psychotherapy and special educational services. Counsel for respondent sought a specific placement at the Martin Pollack Project, a private residential facility in Annapolis, Maryland. In view of the conflicting recommendations, the court continued the disposition hearing until June 10, 1983, and requested respondent’s counsel, in the meantime, to locate a facility which was both suited to A.A.I.’s needs and also under contract with DHS.

On May 26, 1983, respondent filed a motion with the Division to order DHS to show cause why the Martin Pollack Project or other similar residential treatment facilities were not suitable placements for respondent. The motion also requested the court to reconsider placing A.A.I. at Martin Pollack. An order to show cause was issued on June 1. On June 2, 1983, respondent absconded for a second time from Cedar Knoll. He was apprehended and returned to the facility in accordance with a court order on June 9, 1983.

The hearing to consider respondent’s placement, held on May 20, but continued without decision, was resumed on June 10, 1983. At the hearing respondent’s counsel reiterated his request for placement at Martin Pollack. He nevertheless conceded that the Community Advocates for Youth Foster Home (CAY) or the Youth Advocates Program (YAP) would be appropriate placement alternatives for respondent. Both facilities were under contract with DHS. Nevertheless, the Assistant Corpo[1207]*1207ration Counsel rejected defense counsel’s suggestions and again urged the Division to order A.A.I. permanently placed at Cedar Knoll.

In making its decision, the Division expressed some concern over the proposed closing of Cedar Knoll and concluded that it would be in respondent’s best interests if he were placed in a facility which could provide a consistent, uninterrupted program of care. Furthermore, the court found that respondent was in need of special services which were unavailable at Cedar Knoll. Accordingly, by order of June 10, 1983, the Division adjudged respondent to be in need of residential treatment. The order specifically stated that Cedar Knoll was not an appropriate placement for him. The order committed respondent to the custody of DHS and also issued the following directives to the agency: (1) place respondent in the CAY Foster Home, (2) provide him with psychiatric and special educational services, and (3) consider the Youth Advocate Program as an alternative placement facility. DHS was further ordered to file a report within thirty days concerning the execution of the conditions of the June 10 order. See Super.Ct.Juv.R. 32(h). Finally, included as part of the commitment order, the court directed that “respondent shall be placed only by order of the Division.” In entering this particular condition of the order, the Division stated:

I’m going to modify item two of the standard order of the release into aftercare and it seems to be more appropriate for me to say that respondent should be placed by order of Court, the Court having made a specific placement, no alternative placement should be made except by order of the Court. (Emphasis added.)

An examination of the record reveals that DHS, for no apparent reason, never executed the directives of the June 10 order. Despite the court’s specific finding that Cedar Knoll was an inappropriate placement for respondent, A.A.I. unex-plainedly remained at that facility for almost thirty days after the disposition order was issued. During this period, respondent never received any of the special educational or psychiatric services ordered by the court. The thirty-day report on A.A. I.’s progress was never filed with the Division. Almost one month after the court’s order was entered, A.A.I. absconded from Cedar Knoll on July 5, 1983.

Respondent was located several days later at Howard University Hospital recovering from an overdose of sleeping pills. Following his apparent suicide attempt, respondent was ordered by the court to be placed at the Receiving Home until July 21, 1983. Pursuant to a court order of July 2, A.A.I. underwent a 21-day mental evaluation and clinical observation at St. Eliza-beths Hospital. He was examined by staff members of the Bureau of Forensic Psychiatry of DHS. The Bureau’s report revealed that respondent:

[CJontinues to be in need of psychiatric hospitalization for further evaluation and the institution of treatment for his depression. An aspect of this treatment needs to be formulating and implementing a program designed to meet his long term needs. I recommend that [respondent] not be returned to the Children’s Center [Cedar Knoll], (Emphasis added.)

Respondent was also evaluated by the Director of Child and Adolescent Services of St. Elizabeths. In his report dated August 10, 1983, the Director confirmed that respondent possessed severe learning disabilities. He believed that respondent’s ingestion of sleeping pills was a direct result of his return to Cedar Knoll. He emphasized A.A.I.’s need for special educational and psychiatric services, and strongly urged that respondent not be returned to Cedar Knoll.

While A.A.I. was undergoing evaluation at St. Elizabeths, the Foster Care Coordinator of CAY, on August 10, 1983, informed counsel for respondent that due to respondent’s assaultive behavior, he could not be admitted to the facility.

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