Jeff D. v. Andrus

899 F.2d 753, 1989 WL 198633
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 23, 1989
DocketNo. 87-3586
StatusPublished
Cited by60 cases

This text of 899 F.2d 753 (Jeff D. v. Andrus) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jeff D. v. Andrus, 899 F.2d 753, 1989 WL 198633 (8th Cir. 1989).

Opinion

BRUNETTI, Circuit Judge:

I

A. STATEMENT OF FACTS

Appellants are over 2,000 indigent children, from 8 to 17 years of age, who suffer from emotional and mental handicaps. Evans v. Jeff D., 475 U.S. 717, 720 n. 1, 106 S.Ct. 1531, 1534 n. 1, 89 L.Ed.2d 747 (1986). Appellees are the Governor of Idaho, Director of the Idaho Department of Health and Welfare, Administrator of State Hospital South, and Clinical Director of State Hospital South. Many of these children have been confined to adult psychiatric wards of state hospitals and other facilities or in out-of-state institutions located far from their homes and families. The appellants allege that these children have not received minimal mental health services as required by law. These children would benefit and recover more successfully if community mental health care services geared to juveniles were provided. The fact that some juveniles are sent out of state or to adult facilities has hindered their recovery. For example, State Hospital South (SHS) does not have a child psychiatrist or other qualified staff to provide specialized juvenile treatment and services. Some children were placed in facilities where there was contact with adult patients. Some of these adult patients might have been committed because of child molestation or other criminal conduct. As a result, some of the adult patients have had sexual encounters with or have inflicted injury on these children.

At age 15 appellant Jeff D. was committed by a state court to the custody of the director of the Idaho Department of Health and Welfare under the Idaho Mental Health Act. He was diagnosed as being emotionally disturbed and mildly retarded. He was initially housed at SHS, but was subsequently committed under the Youth Rehabilitation Act for criminal behavior and sent to the Youth Services Center, a facility of the Idaho Department of Health and Welfare.

At age 15 appellant Paula E. was committed by a state court to the custody of the director of the Idaho Department of Health and Welfare. She was diagnosed as suffering from a borderline personality disorder and mild mental retardation. She [757]*757had previously been placed by SHS in an out-of-state facility designed to handle problem children. She was forced to leave this facility due to severe aggressive behavior and was returned to SHS.

At age 15 John M. was admitted to SHS for evaluation under the Youth Rehabilitation Act. He was diagnosed as suffering from emotional problems, possible mental retardation and other handicaps. He had experienced problems caused by antisocial behavior. After being placed at SHS for a short period of time, he was sent to an out-of-state facility which was under contract with the Idaho Department of Health and Welfare.

. At 12 years of age, Dusty R. was committed to SHS for evaluation under the Youth Rehabilitation Act due to behavioral problems. Dusty R. has spent time in several Idaho facilities, including St. Alphon-sus Hospital in Boise and the Idaho Youth Ranch.

B. PROCEDURAL HISTORY

On August 4, 1980, the complaint in this case was filed on behalf of 2,000 indigent juveniles. On December 24, 1980, the parties stipulated to the numerosity requirement of Rule 23 as a first step towards class certification. On April 10, and later on November 4, 1981, the appellants submitted a motion for class certification with supporting briefs and affidavits. The ap-pellees did not respond to any of these papers. On May 24,1982, the district court conditionally granted class certification but instructed the parties to arrive at a class definition by negotiation. Between June 2 and September 7, 1982, the parties negotiated the meaning of categories of the classes of children involved in this litigation. On September 7th, the parties stipulated to class certification and the district court signed the order approving the stipulation (Stipulation). The Stipulation For Class Certification and Order reads as follows:

Come now the parties to the above entitled cause of action and hereby stipulate that the class in this matter may be defined as follows:
All Idaho juveniles under the age of eighteen (18) years who have been or will be diagnosed by the Idaho State Department of Health and Welfare as suffering from emotional or mental illness, either alone or in conjunction with another mental defect(s), and because of such condition are placed in, or committed to, the care and custody of the Idaho State Department of Health and Welfare as follows:
A. In residence at State Hospital South, Blackfoot, Idaho, or State Hospital North, Orofino, Idaho;
B. In residence in any institution outside of the State of Idaho; or
C. In residence in any facility for the treatment, detention or housing of such youths within the state of Idaho specifically excluding the Idaho State School and Hospital in Nampa, Idaho.

Thereafter, the parties settled the mental health claims and the district court approved the Stipulation Settling Mental Health Claims (Settlement Agreement) in an order dated April 28, 1983. The appellants appealed the fee waiver provision in the Settlement Agreement on May 26, 1983. On appellees’ motion, the district court in an order dated August 12, 1983 suspended appellees’ performance under the Settlement Agreement pending the appeal. On September 26th, 1983, this court vacated the district court’s decision and ordered appellees to comply with the Settlement Agreement. The district court did not hold a compliance hearing and appel-lees did not comply with the Settlement Agreement.

A year later, on October 22nd, 1984, ap-pellees obtained another order from the district court delaying any discovery and all matters regarding the case pending appeal of the fee waiver. On November 6, 1984, this court vacated the district court’s order and ordered appellees to comply with the Settlement Agreement, and on December 3, 1984, we reversed the district court on the fee waiver provision and ordered the Settlement Agreement enforced. Jeff D. v. Evans, 743 F.2d 648 (9th Cir.1984). Appel-lees petitioned for certiorari the issue of [758]*758fee waiver to the U.S. Supreme Court and at the same time, sought to exclude some juveniles from the class definition in a Motion to Clarify Scope of Class filed in the district court. The district court refused to consider appellees’ pending motion and refused to enforce the Settlement Agreement pending the review of the fee waiver provision by the Supreme Court. For the third time, on September 30, 1985, this court ordered the appellees to comply with the Settlement Agreement and held that the district court retained jurisdiction under Fed.R.Civ.P. 62(c) during the pendency of the Supreme Court appeal. Pursuant to our order, the appellants renewed their motion for compliance and the district court held a hearing on the matter. At the hearing, appellees stated that unless the district court excluded class members as outlined in their Motion to Clarify Scope of Class, they would have to admit noncompliance with the Settlement Agreement.

On April 21, 1986, the U.S.

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Bluebook (online)
899 F.2d 753, 1989 WL 198633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeff-d-v-andrus-ca8-1989.