In Re Bicksler

501 A.2d 1
CourtDistrict of Columbia Court of Appeals
DecidedNovember 20, 1985
Docket83-957, 83-1143
StatusPublished
Cited by5 cases

This text of 501 A.2d 1 (In Re Bicksler) 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 Bicksler, 501 A.2d 1 (D.C. 1985).

Opinion

501 A.2d 1 (1985)

In re Margaret BICKSLER, Appellant.
DISTRICT OF COLUMBIA DEPARTMENT OF HUMAN SERVICES, Appellant,
v.
Margaret BICKSLER, Appellee.

Nos. 83-957, 83-1143.

District of Columbia Court of Appeals.

Argued December 19, 1984.
Decided November 20, 1985.

Bruce B. Vignery, Washington, D.C., with whom Ellis Birnbaum was on the brief, for Margaret Bicksler, appellant in No. 83-957 and appellee in No. 83-1143.

Charlotte Brookins-Pruitt, Asst. Corp. Counsel, with whom Inez Smith Reid, Corp. Counsel, John H. Suda, Principal Deputy Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for the District of Columbia Dept. of Human Services, appellee in No. 83-957 and appellant in No. 83-1143.

Richard M. Sharp, with whom William R. Hanlon, Washington, D.C., was on the brief, amicus curiae appointed by this court.

Martha E. Ford and Donna Wulkan, with Brad Johnson, law student counsel, Washington, D.C., filed a brief for amici curiae, District of Columbia Ass'n for Retarded Citizens and Antioch School of Law.

Before MACK, NEWMAN, and TERRY, Associate Judges.

TERRY, Associate Judge:

Margaret Bicksler and the District of Columbia Department of Human Services (hereafter "the District") both seek review of an order of the Superior Court discharging Miss Bicksler from her commitment *2 to Forest Haven, an institution for mentally retarded citizens owned and operated by the District of Columbia. Both appellants contend, for somewhat different reasons, that Miss Bicksler is in need of residential services and is entitled to remain committed to Forest Haven. We conclude that the trial court properly terminated her commitment, but we hold that because of Miss Bicksler's continued need for residential services, the District must grant her request for voluntary admission and provide her with the living arrangement that she needs.

I

Margaret Bicksler was born in 1948. She lived at home with her mother, her brother, and an adopted brother until she was nine. Her mother has been diagnosed as severely retarded and is currently in a nursing home. Her brother is also retarded and now lives in a group home supervised by Forest Haven. Her paternity has never been established, and the record contains no information about her adopted brother.

At age nine Miss Bicksler was placed in Junior Village, a residential facility for children operated by the District. Her convulsive epileptic seizures caused her to be transferred to the District of Columbia General Hospital, however, and from there she was sent to live in a foster home. Her time in the foster home was brief; her seizures once again sent her back to the hospital. She was then placed in the Partridge School, where she remained from 1960 to 1966.

In 1966, when she was eighteen, Miss Bicksler was diagnosed as being mildly mentally retarded and committed to the District Training School, now known as Forest Haven. She has remained there ever since, except for a few months in 1981 when she lived in a group home for emotionally disturbed women. She was returned from that home to Forest Haven because of medical and behavioral problems.

In addition to her mental disability, Miss Bicksler has several physical afflictions. She is blind in her right eye, has scoliosis of the spine, and suffers from heart disease and epilepsy. This last disability is the most hampering; it resulted in her being sent back to Forest Haven in 1981 and plagued her when she was younger by often causing her temporary transfer from a residence to a hospital. Although she is capable of performing some basic tasks, she is not able to take care of herself; some form of supervised living arrangement has been consistently recommended for her by doctors and other persons involved in her care.

In June 1981 the District filed a motion pursuant to D.C. Code § 6-1985 (1981),[1] requesting the Superior Court to review Miss Bicksler's commitment. The District also asked the court to order her commitment to be continued until proper community living arrangements could be made for her.

An initial review hearing was held shortly thereafter by a Superior Court hearing commissioner, who made the following entry on the court docket:

Initial Hearing. All parties present. Ms. Bicksler is found to be mildly mentally retarded; to not be competent to refuse commitment or request discharge; to have benefited from the habilitation provided for her; and to be in need of further residential habilitation. Counsel are to submit memoranda of law concerning question of Ms. Bicksler's legal status. Further evaluations also to be submitted by D.H.S. [Department of Human Services]. Memoranda to be submitted on or before August 1, 1981.

A judge of the Superior Court issued an order incorporating the findings of the hearing commissioner, and appointing an amicus curiae to assist the court in sorting out the legal issues involved. The amicus *3 and the parties filed memoranda of law, each concluding that Miss Bicksler should continue to receive residential habilitation.[2] The court heard oral argument on the legal issues in December 1981 and took the case under advisement.

In May 1982 a revised habilitation plan was issued for Miss Bicksler, and a few months later the hearing commissioner held a hearing to review it. Once again he found that Miss Bicksler was mildly mentally retarded, that she had benefited from her treatment, and that she was in need of continued residential habilitation. He ruled that she met the requirements of D.C. Code §§ 6-1951[3] and 6-1985 and therefore recommended that her commitment be continued.

On July 29, 1983, the court issued a thirty-page opinion and order directing that Miss Bicksler be discharged from Forest Haven. In essence, the court ruled that the District of Columbia Rights of Mentally Retarded Citizens Act, D.C. Code §§ 6-1901 through 6-1985 (1981) ("the Act"), required it to review the commitment of all current residents of Forest Haven; that the review should be treated as if it were an initial commitment hearing; that under the Act only persons who are "at least moderately mentally retarded" may be committed; and that because Miss Bicksler was only mildly retarded,[4] she must therefore be discharged from her commitment. Because the court found that Miss Bicksler had a continuing need for treatment, however, it ordered the District to make suitable arrangements for her non-residential habilitation.

The District then filed a motion to clarify and amend the order under Super.Ct.Civ.R. 59(e); Miss Bicksler and the amicus curiae joined in the motion. The court modified its order by ruling that the District had no further obligation to provide any kind of service to Miss Bicksler. The trial court's order has been stayed pending the outcome of these appeals.

II

The first issue presented for us to decide is whether Miss Bicksler may continue her commitment under the Act. The trial court held that D.C. Code § 6-1924

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Bluebook (online)
501 A.2d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bicksler-dc-1985.