In re T.R.J.

661 A.2d 1086
CourtDistrict of Columbia Court of Appeals
DecidedJune 29, 1995
DocketNo. 92-FS-772
StatusPublished
Cited by9 cases

This text of 661 A.2d 1086 (In re T.R.J.) 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 T.R.J., 661 A.2d 1086 (D.C. 1995).

Opinion

WAGNER, Chief Judge:

This is an appeal from an order of the trial court terminating the commitment of T.R.J. as a neglected child to the Department of Human Services (DHS) after he reached his eighteenth birthday, but prior to his twenty-first birthday.1 The ease presents an issue of first impression, i.e., whether the best interest of the child standard applies where the government seeks to terminate the commitment of a neglected child because it concludes that the child cannot make effective use of the services provided in the juvenile system. Appellant, T.R.J., argues that the trial court erred in terminating the commitment without considering whether the termination was in his best interest and necessary to safeguard his welfare. He contends that the court erred in terminating the commitment where his basic needs for food, shelter, education and mental health care remained unmet. He also argues that reversal is required because he was deprived of a full evidentiary hearing on the issue of termination. It is the government’s position that the court has the authority to terminate the commitment of a neglected child when the record demonstrates that neither the minor child nor the public will benefit from the child’s continued commitment and supervision by the court. We hold that when the Superior Court has acquired jurisdiction of a neglected child and committed that child for care to the public agency responsible for the care of neglected children and is requested to terminate the child’s commitment prior to his or her twenty-first birthday, it must first find that commitment is no longer necessary to safeguard the child’s welfare and should frame that finding in conformity with the statute in terms of the child’s best interest.2 D.C.Code §§ 16-2323(d) & -2320(a).3

I.

T.R.J. has now reached his twenty-first birthday, which raises preliminarily the question of mootness. Since the Family Division of the Superior Court retains jurisdiction of a child only until he reaches his twenty-first birthday, T.R.J. may no longer avail himself of the services provided through the juvenile court system. There is an exception to the mootness doctrine which the Supreme Court has confined, absent a class [1088]*1088action, essentially to situations where: “ ‘(1) the challenged action was in its duration too short to be fully litigated prior to its cessation or expiration, and (2) there was a reasonable expectation that the same complaining party would be subjected to the same action again.’ ” In re W.L., 603 A.2d 839, 841 (D.C.1991) (quoting Weinstein v. Bradford, 423 U.S. 147, 149, 96 S.Ct. 347, 349, 46 L.Ed.2d 350 (1975)) (citing Sosna v. Iowa, 419 U.S. 393, 95 S.Ct. 553, 42 L.Ed.2d 532 (1975)). This court has not adhered strictly to Weinstein’s formulation of the mootness rule. See W.L., 603 A.2d at 841; Lynch v. United States, 557 A.2d 580, 582 (D.C.1989); United States v. Edwards, 430 A.2d 1321, 1324 n. 2 (D.C.1981) (en bane), cert. denied, 455 U.S. 1022, 102 S.Ct. 1721, 72 L.Ed.2d 141 (1982). Instead, we have held that “[t]he quasi-class action nature of a ease, while a factor to be considered in a mootness challenge, is not a necessary condition to deciding an issue.” W.L., 603 A.2d at 841. We have held the mootness exception applicable where an issue is capable of repetition yet evading review because of the limited time period between the challenged action and the time that it could be fully adjudicated, whether or not it could again affect the same party. See id. (issue not moot because of the limited time a child remains in Receiving Home while awaiting foster home placement); Edwards, 430 A.2d at 1324 n. 2 (limited time period for pretrial detention renders confinement under the statute a practice “capable of repetition, yet evading review”).

In this case, after offering or providing T.R.J. with many different services without success, the court determined, after he reached his eighteenth birthday, that DHS had reached its limit on what it could “be expected to provide and spend on any one respondent at the expense of countless other children with problems equally compelling.” Therefore, the court terminated T.R.J.’s commitment, according to T.R.J., at a critical time when he had no family support and was “homeless, uneducated, and emotionally disturbed.” Thus, he contends, he was cast adrift, ill prepared to make the transition into independent adult living by a system which intervened in his life to assure that he had the proper care for his physical, mental, and emotional health. It is quite likely that other young people who flounder in the juvenile neglect system may face the same prospects as they near the age for termination of the court’s jurisdiction and that the obligation of the government for their continued care cannot be fully litigated before they become age ineligible. For this reason, we conclude that the mootness exception applies and supports the efficacy of our review of the issue in this ease. We turn then to consideration of the factual context in which the questions arise.

II.

Appellant, T.R.J., and his two siblings were adjudicated neglected on January 21, 1988 under the provisions of D.C.Code § 16-2301(9)(B) based on a stipulation signed by their mother.4 The neglect petition alleged that T.R.J. had left his mother’s care and was residing with homeless people at the Capital City Inn and that his mother, who was mildly mentally retarded, was unable to discharge her responsibilities to him. T.R.J.’s mother signed a stipulation stating that she had been diagnosed as learning disabled and by reason thereof, she was dependent upon her great aunt, D.M., with whom she resided. The mother stipulated that because of her own limitations, she was unable to provide proper parental care or control for her children and that she could not avail herself of community services because D.M. refuses to allow intervention in her home. According to the stipulation:

[T.R.J.] has been diagnosed as an emotionally handicapped adolescent. [T.R.J.] was often out of the house, wandering the streets late at night. Eventually, he got into trouble for allegedly] breaking and entering a vending machine.

T.R.J.’s father was deceased.

On December 8, 1988, the trial court entered a dispositional order committing T.R.J. [1089]*1089to the care and custody of DHS for two years. T.R.J. was fifteen years old at that time. Thereafter, the court entered orders extending the commitment annually pursuant to D.C.Code § 16-2322, including one entered on December 20, 1991, which extended the commitment through March 1, 1993.5

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In Re TRJ
661 A.2d 1086 (District of Columbia Court of Appeals, 1995)

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