Tommy P. v. Board of County Commissioners

645 P.2d 697, 97 Wash. 2d 385, 1982 Wash. LEXIS 1387
CourtWashington Supreme Court
DecidedMay 27, 1982
Docket45488-4
StatusPublished
Cited by117 cases

This text of 645 P.2d 697 (Tommy P. v. Board of County Commissioners) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tommy P. v. Board of County Commissioners, 645 P.2d 697, 97 Wash. 2d 385, 1982 Wash. LEXIS 1387 (Wash. 1982).

Opinions

Pearson, J.

The Spokane County Board of Commissioners appeals a declaratory judgment that the plaintiff class of all juveniles of compulsory school age who are or will be placed in the Spokane Juvenile Detention facility is entitled to education while in detention, and that such education shall be funded by the county.

We hold that, under the provisions of RCW Titles 13 and 28A, juveniles of school age have a right to education while detained in juvenile detention centers, both before and after adjudication and disposition. We hold further that the costs of providing such education to juvenile detainees should be included in the county budget as part of the cost of running the juvenile detention facility.

The named plaintiff, Tommy P., represents a class composed of all juveniles of compulsory school age who are now, or in the future will be, placed in the Spokane County Juvenile Detention Center. In June 1975, this class brought an action in Spokane County Superior Court against Spokane School District 81, the State Superintendent of Public Instruction, and Spokane County, for their failure to provide educational facilities, equipment, personnel, and other [387]*387resources to members of the plaintiff class. The school district and the Superintendent of Public Instruction were dismissed from the action with prejudice in October 1976. In July 1976, the Spokane County Superior Court issued a preliminary injunction requiring the County to implement a preliminary education plan in its detention facility. The plan, which is still in effect pending this appeal, requires the hiring of an education specialist to conduct evaluation and assessment of each detainee within 3 days of his arrival at the facility, and to formulate an academic plan to assist the detainee in maintaining his performance level in the academic system. Special instruction and assistance are provided to those detainees who require it.

The hearing began in the Superior Court in June 1976. The plaintiffs called a number of witnesses with experience in dealing with juveniles in detention who testified to the need for an education program in the detention facility. The County called no witnesses. The court issued its declaratory judgment in January 1977. This declared that the plaintiff class has a right to treatment in the nature of education pursuant to the due process clause of the fourteenth amendment to the United States Constitution, the due process clause of the Washington Constitution, article 1, section 3, and the Washington Basic Juvenile Court Act, RCW 13.04. This judgment was appealed to this court, which remanded in December 1978 for further briefing and evidence on the effect on the need for education in detention facilities of the Juvenile Justice Act of 1977, RCW 13.40 (hereafter JJA), which took effect on July 1, 1978. Following this remand, the plaintiffs moved to reinstate Spokane School District No. 81 and the Superintendent of Public Instruction as defendants, and to join the State of Washington, the State Board of Education, and the Superior Court for Spokane County as defendants. The court allowed only the joinder of the Spokane County Superior Court and denied the reinstatement or joinder of the other parties. A consent order was subsequently entered providing that the Superior Court for Spokane County shall [388]*388administer the provision of educational services to all children detained at the Spokane County Juvenile Detention Center.

The hearing on remand was held in June 1981. The plaintiffs produced evidence showing that the JJA significantly increased the time spent by juveniles in detention before disposition of their cases. The evidence also showed that education programs in detention not only improved the academic achievement of detainees, but also alleviated discipline and security problems in the facility, and even reduced the incidence of suicide attempts. The court entered findings and conclusions and issued another declaratory judgment. This judgment declared that the plaintiffs have a right to treatment in the nature of education pursuant to the due process clauses of the United States Constitution and the Washington Constitution, a statutory right to education pursuant to RCW 13.04, 13.40, and 28A.27, and a right to educational services pursuant to Const, art. 9, § 1. The findings, conclusions and judgment were appealed to this court.

Although the underlying issue throughout the litigation has always been the right of juvenile detainees to education, the County's approach to that issue has not been consistent. In appealing the trial court's 1977 declaratory judgment and findings and conclusions, the County raised only two issues:

1. Do juvenile detainees have either a constitutional or statutory right to "educational treatment" prior to an adjudication of either delinquency or dependency, which must be provided by the Board of County Commissioners?

2. Is there sufficient evidence to support the court's findings that:

Members of the plaintiff class, as juvenile detainees, have special educational needs requiring evaluative and remediative treatment and it is essential for the ultimate rehabilitation of the detainees that educational treatment be promptly provided. It must be provided soon after admission to the Detention Center.
[389]*389There is no meaningful distinction in the need for educational treatment of the pre-adjudication and post-adjudication detainee. It is further shown that on some occasions pre-adjudication detainees are detained for lengthy periods of time, and this delay is the result of the needs of the juvenile court or the legal process. Average length of stay for all detainees is 4.71 days . . .

Significantly, the County assigned no error to the court's conclusion that defendant Spokane County is responsible to fulfill the detainees' right to educational treatment. Further, the brief of the County makes it clear that its objection to the two challenged findings was only that the record contained no evidence that educational evaluation and remediative treatment during preadjudicatory detention are essential for the ultimate rehabilitation of the detainee.

The County appeared to accept that it was responsible for providing education to postadjudicatory detainees, and its only contention was that this responsibility did not extend to preadjudicatory detainees. With the case in this posture, the court remanded for a further hearing on the effect of the JJA on the issue.

The County's position was reflected in the testimony which plaintiffs presented at the second hearing. Much of the testimony was directed towards establishing that under the JJA juveniles were detained longer before adjudication or disposition, and that such preadjudicated juveniles would benefit from education. In turn, this was reflected in the trial court's findings; the court essentially found that there was a need for educational treatment in detention, and that there was no meaningful distinction between preadjudicated and postadjudicated children in their need for education.

In appealing these findings and the second declaratory judgment, the County broadened its attack considerably.

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Cite This Page — Counsel Stack

Bluebook (online)
645 P.2d 697, 97 Wash. 2d 385, 1982 Wash. LEXIS 1387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tommy-p-v-board-of-county-commissioners-wash-1982.