Appendix — Parham v. JR

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AUG 15 1977

VOLUME I-—Pages 1-351 MICHAEL RODAK, JR..CLERM

APPENDIX

IN THE

Supreme Court of the United States

October Term, 1975

NO, 75-1690

T. M. “JIM” PARHAM, Individually and as

Commissioner of the Department of Human Resources,

W. DOUGLAS SKELTON, Individually and as Director

of the Division of Mental Health and W. T. SMITH,

Individually and as Chief Medical Officer of

Central State Hospital,

Appellants,

J. L. and J. R., Minors, Individually and those

representatives of a class of persons similarly situated,

Appellees.

APPEAL FROM THE JUDGMENT OF THE

UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF GEORGIA

APPEAL DOCKETED MAY 21, 1976

JURISDICTION NOTED MAY 31, 1977

ie. ~

TABLE OF CONTENTS

VOLUME I

Page

Mesovamt Dociet MMtsteS. oc ccccccccccccvvccveses v

Complaint—October 24, 1975. ........5cccceeeceee l

Motion for Class Actiom......ccccccscccevcsvecess 17

Testimony of Dr. Wayne Hodges, given in hearing

before Sale Wilbur D. Owens, 4 in Macon,

Georgia, October 30, 1975:

EE a oe 20

cc pbc ccenebess oehes ends 37

co coconnusveesosreees 48

Order Certifying Class Action, November 18, 1975... 49

hee ee lls. ee decbereress 50

AGidavit of Famet Beets... ccccccccccscccccccsess 59

Revised Statement of Facts.............6.0000e0es 62

Stipulation of Facts for the District Court Hearing. . 68

Exhibits to Stipulation of Facts................... 76

Deposition of Eli Charles Messinger................ 159

eS oho ci ices spesisiee ows 160

ee i econ epeebeert 190

2 SE Cr 216

Deposition of Dr. W. Douglas Skelton.............. 217

a nd. ess pepeenoeers 218

nd ec pesepenenseees 225

Recross-Examination...............:0sce0ee0ee8 239

sition of Dr. Donald G, Miles and Dr. va

Direct Examination of Dr. Miles... 00. 947

Direct Examination of Dr. Wieland............ 258

TABLE OF CONTENTS—Continued

Page

Direct Examination of Dr. Miles.............. 259

Cross-Examination of Dr. Miles............... 261

Redirect Examination of Dr. Miles............ 269

Exhibit 6—Admission and Evaluation from the

Geographic Service Areas... . 0.656666 00000e. 270

_ = 9 of Dr. John J. Gates and Dr. W. T.

PPP rey ee 276

Dienst Tineeiaatian, .o 600s cvccevccessbeeaeene 295

ee ye 320

Redirect Examination.............660000000e- 321

Recross-Eexamination.....5.cccccssecsscvcvcese 321

Exhibit 4—Example of Admission Program and

Responsibility-Action Format.............+. 322

Exhibit 11—List of Therapeutic Activities

omital by Central 3 Gesseia Westenal “

Exhibit 12—Minutes of the Utilization Review

Committee and Criteria for Admission to

Regional Mental Hospital..............60055 345

VOLUME Il

Deposition of Lawson H. Bowling.............++++ 352

Disest Thasnninatiem. oo: ccccccsosvesvecverennn 353

Crosn-Tineninatiee. oo000ccsccevevccescessenens 366

Exhibit 2—Policy 2, Part 1, Screening Procedure

—Child and Youth Services...........66055. 384

Deposition of Gladelle Whitaker..............5+5. 390

Disost Thenmsinatie. » occ cccccecsccsecencenen 391

Crosp-Timneninatiee. oo000cccccccevecvecvcvecess 418

Redirect Examination............6+000e0eeee: 436

TABLE OF CONTENTS—Continued

Page

Deposition of Dr. Eugene C. Jarrett, ITT........... 438

EE 439

NE 454

Deposition of Dr. Wladyslaw P. Mazur............ 475

nt ee cceess 476

ce veccvcces 488

Exhibit 3—West Central Georgia Regional

Children and Adolescents Unit Policies and

ee, doce cccwecbccccecce 513

Deposition of Dr. James B. Craig.................. 519

ec cices 520

Cross pation OS EE 531

Exhibit 2—Georgia Regional Hospital at

Savannah Children and Adolescents Unit

Screening Policy of Children and Adolescents

ccc cance cecssececvccccecce 548

Deposition of Dr. Everett C. Kuglar............... 551

ee 552

EEE 569

— Sy aetna

Deposition of Anne Etheridge..................... 631

Nn ccccececes 632

ccc ceccwccccccccuces 680

Recross-Examination......................... 682

TABLE OF CONTENTS—Continued

Page

Deposition of Dr. Arthur Falek..........-.---++-+- 686

Direct Examination............----+-+eeeeee 687

Cross-Examination.............00+:++eeeeeeees 702

VOLUME Ill

Deposition of Dr. John Paton Filley...........---- 718

Direct Examination.............---e-eeeeeeee 719

Cross-Examination............00+0-seeeeeeeee 757

Deposition of Dr. Luciano L’Abate..........-.---- 795

Direct Examination..............--scccceeees 796

Crogs-Examination.............seseeeeeeeeees 812

Appendix “B” to Defendants’ Supplemental Brief in

the District Court. ..........cccccccceccesccees 822

Attachment “A” to Post-Discovery Brief of Plaintiffs .888

Attachment “B” to Post-Discovery Memorandum of

et Rs 5 cov Kacv's duancevodpoeees venpeses 893

Report of the Study Commission on Mental Health

Services for Children and Youth..............+-: 899

Affidavit of Judge Romae Powell...........---++-- 918

Affidavit of Judge Dennis Jones. ........---+-+++++- 927

Opinion of the District Court. ......---.---++++++: 934

Judgment of the District Court.........--.-++++++: 935

Order of the District Court Denying the Defendants’

Motion For a Stay.........--- eee ee eee eee eeeee 937

Notice of Appeal to the Supreme Court of the

WE ED... cccccccobesedsayyertepesoyaee 947

Order of the Supreme Court noting probable

jurisdiction .......--.--- see eee cere e crete neees 949

IN THE UNITED STATES DISTRICT COURT FO

THE MIDDLE DISTRICT OF GEORGIA

MACON DIVISION

J. L. and J. R., Minors, Individually and on behalf of

all others similarly situated,

Plaintiffs,

“i T. M. Pay Py 0 Individually and as

mmiussioner of the Department of Human Resources:

W. DOUGLAS SKELTON, Individually and as Director

of the Division of Mental Health; W. T. SMITH,

Individually and as Chief Medical Officer of

Central State Hospital,

Defendants.

RELEVANT DOCKET ENTRIES

1975

October 24, Coraplaint filed.

October 24, Motion for Preliminary Injunction, for Class

— and for the Convening of a Three-Judge Court

October 24, ORDER, settin i

. . g hearing for Thursday,

October 30, 1975 at 5:00 P.M., in Macon, Georgia. .

October 30, Hearing held before Judge Wilbur D. Owens,

pursuant to the order issued October 24.

November 7, ORDER of Chief Judge John R. Brown,

constituting Three-Judge Court, filed.

November 17, ORDER governing production of certain

confidential documents of Central Georgia Regional

Hospital, the Baldwin County Department of Family

and Children Services, the Stephens County Depart-

ment of Family and Children and the Department of

Human Resources, filed.

November 18, ORDER confirming that the action was

to be maintained as a class action filed.

November 19, Defenses and answer for all Defendants

filed.

November 19, Affidavit of Janet Scott filed.

November 19, Revised Statement of Facts filed.

November 19, Stipulation of Facts for the district court

hearing filed.

November 19, Hearing held by the district court.

November 21, Plaintiffs’ Motion for Entry and Inspection

filed.

November 21, ORDER of the district court granting

Plaintiffs’ Motion for Entry and Inspection filed.

December 2, Deposition of Eli Charles Messinger filed.

December 12, Depositions of Anne Etheridge and Nancy

Autry filed.

December 12, Deposition of Dr. W. Douglas Skelton

filed.

December 12, Deposition of Dr. James B. Craig filed.

December 15, Deposition of Arthur Falek filed.

December 19, Deposition of Daniel Offer filed.

December 19, Deposition of Dr. John Paton Filley filed.

December 19, Deposition of Walter Gove filed.

December 19, Deposition of Gladelle Whitaker filed.

December 19, Deposition of Martha Ann Taylor filed.

December 19, Deposition of Vivian Schoonmaker filed.

December 19, ORDER of the district court directing that

all persons examining the record in this matter not

disclose the names of the children involved except by

Order of the Court, filed.

December 22, Received Supplemental Brief on Behalf of

the Defendants together with Appendixes A, B, and C

to Defendants’ Supplemental Brief.

December 22, Stipulated Submission of Exhibits to Depo-

sitions filed.

December 22, Post-Discovery Memorandum of Plaintiffs

received.

December 23, Deposition of Dr. Eugene C. Jarrett, III

filed.

December 23, Deposition of Dr. Luciano L’ Abate filed.

December 23, Deposition of Wladyslaw P. Mazur filed.

December 23, Deposition of Dr. Loren R. Mosher filed.

December 23, Depositions of Dr. Donald G. Miles and Dr.

William Wieland filed.

December 23, Deposition of Hester Dixon filed.

December 23, Deposition of Dr. Everett C. Kuglar filed.

December 23, Depositions of Dr. John J. GatesandDr.

W. T. Smith filed.

December 23, Deposition of Dr. Lawson H. Bowling filed.

vii

1976

February 26, Filed Opinion and Order of the district

court granting permanent injunction, ruling unconsti-

tutional Georgia Law permitting parents to place

children in mental institutions without a hearing and

ordering State officials to provide non-hospital facilities

for children under 18 years of age.

March 8, ORDER of Chief Judge John R. Brown recon-

stituting the Three-Judge District Court filed.

March 10, Defendants’ Motion to Stay filed.

March 10, Affidavits of Romae T. Powell, W. Douglas

Skelton and Dennis F. Jones in Support of Defendants’

Motion to Stay filed.

March 11, Hearing held by district court on Defendants’

Motion to Stay.

March 11, Judgment pursuant to Rule 54(b) entered.

March 17, ORDER of district court denying Defendants’

Motion to Stay Pending Appeal filed.

March 24, Defendants’ Notice of Appeal to the Fifth

Circuit Court of Appeals from the Order of the district

court filed.

March 24, Defendants’ Notice of Appeal to the Supreme

Court of the United States from the Order of the district

court filed.

March 24, Certified Copy of the Notice of Appeal to the

Supreme Court of the United States and to the Fifth

Circuit Court of Appeals, together with certified copy

of Docket Sheets forwarded to the Supreme Court of

the United States.

viii

—

(1)

IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF GEORGIA

MACON DIVISION

[1] [Filed at 10:50 A.M., Oct. 24, 1975,

Dorothy F. Motes, Deputy Clerk, U.S. District Court,

Middle District of Georgia]

J. L. and J.R., minors individually and on i)

behalf of all others similarly situated,

Plaintiffs,

vs. CIVIL _

JAMES PARHAM, individually and as _ ION

Commissioner of the Department of Human

Resources; +

DOUGLAS SKELTON, individually and as _ | *

Director of the Division of Mental Health;

W. T. SMITH, individually and as Chief

Medical Officer of Central State Hospital,

Defendants. }

COMPLAINT

Three-Judge Court

(Civil Rights Class Action)

PRELIMINARY STATEMENT

Plaintiffs, individually and on behalf of all others

similarly situated, seek declaratory and injunctive relief,

and damges, for violations of their civil rights resulting

from the operation of Georgia Code §88-503.1(a). This

statutory scheme permits parents and guardians of per-

(1) :

sons younger than 18 years of age to cause the involuntary

commitment of those persons to state mental health

facilities under the guise of a “voluntary” admission

statute. The statutory scheme conflicts with the due pro-

cess clause of the Fourteenth Amendment to the United

States Constitution in that it allows for the involuntary

commitment of persons younger than 18 years of age: (1)

without a hearing and other procedural safeguards and

(2) without initial and periodic consideration of placement

in the least drastic environment necessary for treatment.

This cause of action, [2] arises under 42 U.S.C. §1983.

Since these statutes are of state-wide application, a three-

judge court is required.

II.

JURISDICTION

Jurisdiction is conferred upon this Court by:

a. 28 U.S.C. §1343(3), relating to original jurisdiction

under 42 U.S.C. $1983.

b. 28 U.S.C. §2201, §2202, relating to declaratory

relief.

c. 28 U.S.C. §2281, §2284, relating to injunctive relief

and three-judge courts.

III.

THREE-JUDGE COURT

This is a proper case for determination by a three-judge

court pursuant to 28 U.S.C. §§2281 and 2284 since plain-

tiffs seek an injunction to restrain defendant state officers

3 (3)

from the enforcement, execution and operation of a state

statute [Georgia Code §88-503.1(a)] of state-wide appli-

cability on the ground that the statutory scheme is con-

trary to the United States Constitution.

IV.

PLAINTIFFS

Plaintiff J. L. is a citizen of Georgia, age 12, who is

being held against his will by the defendants or under their

direction having been committed by his adoptive mother

and stepfather pursuant to the challenged statute, Georgia

Code §88-503.1(a).

Plaintiff J. L. was committed without notice, hearing,

right to counsel or order of a court.

(3) 6.

Plaintiff J. R. is a citizen of Georgia, age 12, who is

being held against his will by the defendants or under

their direction having been committed by the Stephens

County Department of Family and Children Services

pursuant to the challenged statute, Georgia Code

§88-503.1(a).

Plaintiff J. R. was committed without notice, hearing,

right to counsel or order of a court.

DEFENDANTS

Defendant JAMES PARHAM is the Commissioner of

the Department of Human Resources for the State of

[3] 4

Code

Georgia. Pursuant to Acts 1972, pp. 1015, 1046 (Ga.

§40-35101), defendant Parham has the responsibility to

execute and administer all functions of the Department of

Hv~an Resources including the Division of Mental

Health.

Defendant DOUGLAS SKELTON is the Director of

the Division of Mental Health and has direct administra-

tive responsibility for controlling all mental hospitals

under the Division of Mental Health.

10.

Defendant W. T. SMITH is the Chief Medical Officer

of Central State Hospital and has direct administrative

responsibility for the admission of persons to Central

State Hospital.

VI.

CLASS ACTION

ll.

The named plaintiffs bring this action on their own

behalf and, pursuant to Rule 23(a), 23(b) (2) of the Federal

Rules of Civil Procedure, on behalf of all others similarly

situated.

(4) 12. :

The members of the class of plaintiffs similarly situated

are all persons younger than eighteen years of age who

have been, are, or may be committed by their parents or

legal guardians to a state mental health facility under the

direction and control of defendants Parham and Skelton

pursuant to Georgia Code §88-503.1(a).

13.

uirements of Rule 23 are met in that: the class

is tt that joinder of all members is impractical

5 (5)

(and the knowledge of the total membership of the class

is indeterminate); there are questions of law and fact

common to the class; the claims of the representative

parties are typical of the claims of the class; the represen-

tative parties will fairly and adequately protect the

interests of the class; and the parties opposing the class

have acted on grounds generally applicable to the class,

thereby making appropriate final injunctive and declara-

tory relief with respect to the class as a whole.

VII.

FACTUAL ALLEGATIONS

PLAINTIFF J. L.

14,

Plaintiff J. L. was committed to Central State Hospital

on May 18, 1970, pursuant to Georgia Code §88-503.1(a).

He was 7 years of age at the time of his commitment, and

of normal intelligence.

15.

He was committed by his adoptive mother and step-

father, although he did not wish to enter the hospital

then and does not wish to stay there now.

(5) 16.

At the time of his commitment, J. L. was not mentally

ill and did not present an imminent likelihood of serious

harm to himself or others.

17.

At the time of his commitment, J. L. was not afforded

meaningful notice, a hearing, and other procedural safe-

guards to determine whether (1) he was mentally ill and

presented an imminent likelihood of serious harm to him-

Se ee

(5) 6

self or others, and (2) if hospitalization was the least

drastic environment necessary for his treatment.

18.

J. L. was confined in Central State Hospital from May

18, 1970, through September 18, 1972, when he was re-

leased on furlough. Due to existing family tension, neither

his adoptive mother nor his stepfather were able to meet

J. L.’s needs and he was forced to return to the institution

within ten days. He has been continuously confined since

that date.

19.

In April, 1974, J. L.’s adoptive parents voluntarily

relinquished their parental rights to Central State Hos-

pital. J. L. has not seen his adoptive parents since that

time.

20.

As a result of his inappropriate and unconstitutional

institutionalization, J. L. has been and is being subjected

to a regimented and standardized institutional routine

which stifles his individual development and his oppor-

tunity to assume personal responsibility. He is forced to

live with patients whose sometimes bizarre and frighten-

ing behaviors cannot be avoided. He has been subjected

to a program of chemotherapy which has had and will

continue to have long term detrimental physical and

psychological effects on his development. His IQ has

consistently {6] declined. He has developed allergies and

respiratory problems and manifests deep feelings of in-

security, in uacy, and hopelessness. He is stigmatized

by the label of “mental patient’”’ which has had profound

reprecussions on his self-image and self-confidence and

which will continue to influence, overtly or subtlely, the

manner in which he will be treated the rest of his life.

7 [6]

21.

In the opinion of experienced and competent psychi-

atric personnel, J L. is suffering from institutionalization

and — immediate placement in a less drastic environ-

ment.

22.

J. L, has not been afforded periodic consideration for

placement in the least drastic environment.

23.

J. L. has not been placed in the least drastic environ-

ment.

Although the defendants have known or should have

known of J. L.'s inappropriate placement, J. L. remains

incarcerated against his will at Central State Hospital.

PLAINTIFF J. R.

Plaintiff J. R. was committed to Central State Hospital

on June 24, 1970, pursuant to Georgia Code §88-503.1(a).

He was 7 years of age at that time and was of average or

slightly below average intelligence.

26.

After six placements in foster homes which, in each

case, J. R. lost his place to a more favored child, he was

committed by his legal guardian, the Stephens County

Department of Family and Children Services (DFCS).

DFCS had assumed custody on October 27, 1966, after

the Juvenile Court of Stephens County had declared him

to be a neglected child and removed him from his natural

parents. J. R. has had no contact with either of his natural

parents since his first foster placement.

(7) 27.

At the time of his commitment, J. R. did not wish to

enter the hospital and does not wish to stay there now.

28.

At the time of his commitment, J. R. was not mentally

ill and did not present an imminent likelihood of serious

harm to himself or others.

At the time of his commitment, J. R. was not afforded

meaningful notice, a hearing, and other procedural safe-

guards to determine (1) whether he was mentally ill and

presented an imminent likelihood of serious harm to him-

self or others, and (2) if hospitalization was the least

drastic environment necessary for his treatment.

30.

In 1973, experienced and competent psychiatric per-

sonnel concluded that J. R. no longer needed to be con-

fined at Central State Hospital and recommended that he

be placed in a less drastic environment.

31.

J. R. has been continuously confined to Central State

Hospital from June 24, 1970, through the date of the filing

of this Complaint.

32.

J. R. is now 12 years old. He has had no contact outside

the hospital for the last five years except for two to four

temporary holiday visits to foster homes.

33.

As a result of his inappropriate and unconstitutional

institutionalization, J. R. has been and is being subjected

y) [8]

to a regimented and standardized institutional routine

which stifles his individual development and his oppor-

tunity to assume personal [8] responsibility. He is forced to

live with patients whose sometimes bizarre and frighten-

ing behaviors cannot be avoided. More specifically as a

result of the stress of his inappropriate and unconstitu-

tional institutionalization, J. R. has been subjected to a

program of chemotherapy which has had and will con-

tinue to have long term detrimental physical and psycho-

logical effects on his development. His IQ has declined.

He is stigmatized by the label of ‘mental patient” which

has had profound repercussions on his self-image and self-

confidence and which will continue to influence, overtly

or subtlely, the manner in which he will be treated the

rest of his life.

34.

In the opinion of experienced and competent psychiatric

personnel, J. R. is suffering from institutionalization and

needs immediate placement in a less drastic environment.

35.

J. R. has not been afforded periodic consideration for

placement in the least drastic environment.

36.

J. R. has not been placed in the least drastic environ-

ment.

37.

Although the defendants have known or should have

known of J. R.’s inappropriate placement, J. R. remains

incarcerated against his will at Central State Hospital.

[8] 10

VIII.

STATUTORY FRAMEWORK

38.

Georgia Code §88-503.1(a) provides as follows:

The superintendent of any facility may receive for

observation and diagnosis any individual 18 years of

age, or older, making application therefor, any individ-

ual under 18 years of age for whom such application

is made by his parent or guardian and any person

legally adjudged to be incompetent [9] for whom such

application is made by his guardian. If found to

show evidence of mental illness and to be suitable for

treatment at such facility and such person may be

detained by such facility for such period and under

such conditions as may be authorized by law.

39.

Pursuant to Georgia Code §88-503.1(a), a parent or

guardian may ‘‘voluntarily” commit a juvenile to a state

mental health facility regardless of a juvenile’s opposition

to admission. There is no provision in the Code for a hear-

ing prior to admission to determine the appropriateness or

necessity of such action. Nor is there anyone to protect

the juvenile’s interests in the admissions procedure. In

effect, a juvenile is “powerless” to influence a decision

which may result in his indefinite confinement in an

institution.

40.

There is no statute, regulation, or policy which pro-

vides for periodic review and, where appropriate, place-

ment in a less drastic environment, of juveniles committed

pursuant to Geo gia Code Annotated §88-503.1(a).

11 [10]

IX.

FIRST CLAIM FOR RELIEF

41.

By operation of the statutory scheme, plaintiffs and

their class have been, are, and will be involuntarily com-

mitted to and incarcerated in state mental health facili-

ties without being afforded a meaningful and complete

opportunity to be heard. Consequently, defendants have

deprived them of liberty without procedural due process

of law in violation of the Fourteenth Amendment to the

United States Constitution.

42.

By incarcerating | plaintiffs and their class without

initial and periodic consideration of placement in the

least drastic environment, defendants have denied them

liberty without due process of law in violation of the

Fourteenth Amendment to the United States Constitu-

tion.

[10] » a

SECOND CLAIM FOR RELIEF

43.

As a result of the deprivation of their constitutional

rights, named plaintiffs have been damaged in the amount

of $10,000.00 each.

XI.

INJURY

44.

As a result of their unconstitutional commitments, the

plaintiffs and their class have suffered severe and irre-

[10] 12

parable injury, and have no adequate remedy at law to

redress the stated constitutional deprivations and wrongs.

Plaintiffs and the class they represent will continue to

suffer irreparable harm from the constitutional depriva-

tions and wrongs set forth herein unless and until the

declaratory and injunctive relief sought herein is granted

by this Court.

XII.

PRAYER FOR RELIEF

WHEREFORE, plaintiffs, on behalf of themselves and

the members of their class, pray that this Court:

1. Enter an order convening a three-judge court, pur-

suant to 28 U.S.C. §§2282 and 2284 to determine the

controversy.

2. Enter an order certifying this action as a class

action consisting of all persons younger than 18 years of

age admitted by their parents or guardians to state

mental health facilities pursuant to Ga. Code §88-503.1(a)

as provided by Rule 23(c)(1) of the Federal Rules of

Civil Procedure.

3. Issue a temporary restraining order stating that the

defendants shall place plaintiffs J. L. and J. R. in the less

drastic environment suitable to their individual needs.

(11)

4. Enter an order that the trial of this action on the

First Claim for Relief shall be advanced and consolidated

with the hearing on the motion for preliminary injunction

pursuant to Rule 65(a)(2) of the Federal Rules of Civil

Procedure.

13 [12]

5. Issue a preliminary and permanent injunction en-

joining the defendants from:

a. enforcing and executing Georgia Code §88-503.1(a)

as it allows the commitment of persons younger than

18 years of age admitted by their parents or guardians

without due process safeguards provided by the

Fourteenth Amendment to the United States Con-

stitution

b. accepting into a state mental health facility any

person whose admittance is sought by his parent or

guardian on a voluntary basis unless such person has

been afforded prior to commitment the right to:

1. meaningful notice;

2. a hearing;

3. counsel and, if indigent, appointment of counsel;

4. present evidence and testimony on their own

behalf;

5. subpoena witnesses and documents;

6. confront and cross-examine witnesses against

them and those who wish them to enter a facility;

7. independent expert examination and assistance;

8. have the defendants show by clear and convinc-

ing evidence that hospitalization is the least

drastic environment necessary for treatment, safety

and care;

[12]

9. be involuntarily hospitalized only upon a de-

cision that they are mentally ill and present an

imminent likelihood of serious harm to themselves

or others, being based on clear and convincing

evidence;

10. be involuntarily hospitalized only upon de-

cision of a disinterested and impartial decision-

maker;

Se TN

[12] 14

11. appeal and review, including provision for

assistance of counsel and record and transcript

eae cost if appellant is unable to pay the cost

thereof;

12. other procedural safeguards.

c. failing to (1) immediately review the needs of each

member of the class who is presently residing in the

defentant’s mental health facilities to determine their

need for continued hospitalization and whether

hospitalization is the least drastic environment for

their treatment and (2) immediately place each

member of the class in accordance with the findings

of the review.

d. failing to (1) review the needs of each member of

the class on a periodic basis and (2) immediately

place each member of the class in accordance with

the findings of each periodic review.

6. Enter a final judgment pursuant to 28 U.S.C.

§§2201, 2202 and Rule 57 of the Federal Rules of Civil

Procedure declaring that Georgia Code §88-503.1(a) is

invalid, void and of no effect in that the statute violates

the Due Process and Equal Protection Clauses of the

Fourteenth Amendment to the United States Constitu-

tion.

7. Award damages to plaintiffs J. L. and J. R. in the

amount of $10,000.00 each for the unconstitutional depri-

vation of their civil rights.

[13]

8. Allow the plaintiffs their costs herein and reasonable

attorneys’ fees.

15 [13]

9. Grant such additional and alternative relief as may

be deemed by this Court appropriate, just, proper and

equitable.

Respectfully submitted,

/s/ Davin GorREN

DAVID GOREN, GUARDIAN AD

LITEM FOR PLAINTIFFS

GERALD R. TARUTIS

STEVEN GRANBERG

653 Second Street

5 (912) 744-6261 Macon, Georgia 31201

Of Counsel: | NANCY LINDBLOOM

JOHN CROMARTIE, JR.

Suite 909

- 15 Peachtree Street, N.E.

(404) 656-6021 Atlanta, Georgia 30303

JOSEPH J. LEVIN

PAMELA 8S. HOROWITZ

SOUTHERN POVERTY LAW

CENTER

1001 S. Hull

(205) 264-0286 Montgomery, Alabama 36101

Attorneys for Plaintiffs

(14)

GEORGIA, BIBB COUNTY

Personally appeared before the undersigned attesting

officer, authorized to administer oaths under the laws of the

State of Georgia, came affiant, who, after being first duly

sworn, deposes and says that the facts and allegations

set forth in the foregoing document are true and correct

to the best of affiant’s knowledge, information and belief.

/s/ Davip GorEN

DAVID GOREN, GUARDIAN AD LITEM

FOR PLAINTIFFS

Sworn to and subscribed before me

this 24th day of October, 1975.

/s/ Mixissa H. WALKER

Notary Public, Georgia, State at Large

My Commission Expires:

August 24, 1979

(1)

IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF GEORGIA

MACON DIVISION

(Caption omitted in printing)

[Filed at 10:50 A. M., Oct. 24, 1975, Dorothy F. Motes,

Deputy Clerk, U. 8. District Court, Middle District of

Georgia]

MOTION FOR CLASS ACTION, CONVENING

THREE-JUDGE COURT AND PRELIMINARY

INJUNCTION

Plaintiffs J. L. and J. R. move the Court to grant the

following relief:

1. Issue an order pursuant to Rule 23(c)(1) of the

Federal Rules of Civil Procedure determining that this

action may properly proceed as a class action pursuant to

Rule 23(a), (b)(2) on the grounds that: the class, consist-

ing of all persons younger than 18 years of age admitted

to the defendants’ mental health facilities upon the appli-

cation of their parents or guardians, pursuant to Georgia

Code §88-503.1(a), is so numerous that joinder of all

members is impracticable; there are questions of law and

fact common to the class; the claims of the representative

parties are typical of the claims of the class; the repre-

sentative parties will fairly and adequately protect the

interests of the class; and the parties opposing the class

has acted on grounds generally applicable to the class

making appropriate final injunctive and declaratory relief

with respect to the class as a whole.

2. Request the Chief Judge of the Circuit to convene

a statutory court of three judges for the purpose of hear-

[1] 18

ing and determining this application for a preliminary

and permanent injunction and this cause, in accordance

with the provisions of Title 28 United States Code §§2281

and 2284 which require the [2] convening of such a court

when an interlocutory and permanent injunction are

sought to restrain a state officer from the enforcement of

a state-wide statute that is alleged to conflict with the

Constitution of the United States. The preliminary and

permanent injunctions are sought to restrain the defen-

dants, who are state officers, their successors ir office,

agents and employees, and all other persons in active

concert and participation with them, from failing to

provide to the plaintiffs and all persons similarly situated

a meaningful hearing on their need for institutionalization

and initial and periodic consideration for placement in the

least drastic environment.

3. Issue a preliminary injunction pursuant to Rule 65

of the Federal Rules of Civil Procedure enjoining the

defendants, their successors in office, agents and em-

ployees, and all other persons in active concert and par-

ticipation with them from failing, pending a final decision

on the meri, to give the plaintiffs and all persons

similarly situated a meaningful hearing on their need for

institutionalization and initial and periodic consideration

for placement in the least drastic environment.

Plaintiffs seek this relief for themselves and all others

similarly situated on the grounds that:

a. They and all others similarly situated are each suf-

fering, or are imminently threatened with suffering, ir-

reparable damage in that they have been or will be

committed to the defendants’ mental health facilities for

an indefinite period without any meaningful procedural

19 (2)

and substantive safeguards to prevent inappropriate in-

stitutionalization;

b. The issuance of a preliminary injunction will not

cause undue inconvenience or loss to the defendants but

will prevent irreparable damage to the plaintiff and others

similarly situated ;

c. The statute [Georgia Code §§88-503.1(a)] that [3]

deprives plaintiffs and all others similarly situated of their

liberty violates the Fourteenth Amendment of the Con-

stitution of the United States.

d. Plaintiffs have no adequate remedy at law, as set

forth more fully in the verified complaint.

Respectfully submitted,

/s/ Davin GorEN

DAVID GOREN, GUARDIAN AD

LITEM FOR PLAINTIFFS

GERALD R. TARUTIS

STEVEN GRANBERG

653 Second Street

(912) 744-6261 Macon, Georgia 31201

Of Counsel: | NANCY LINDBLOOM

JOHN CROMARTIE, JR.

Suite 909

15 Peachtree Street, N.E.

(404) 656-602! Atlanta, Georgia 30303

JOSEPH J. LEVIN

PAMELA 8. HOROWITZ

1001 8. Hull

(205) 264-0286 Montgomery, Alabama 36101

Attorneys for Plaintiffs

(1)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF GEORGIA

MACON DIVISION

(Caption omitted in printing)

TESTIMONY OF DR. WAYNE HODGES

Given in Hearing before Judge Wilbur D. Owens, Jr.,

in Macon, Georgia, on October 30, 1975

DR. WAYNE HODGES

Witness called by the Plaintiffs, first being

duly sworn, testified on

DIRECT EXAMINATION

BY MR. GOREN:

Q Mr. Hodges, please state your name and address.

A Wayne Hodges, 548 Comanche Drive, Macon,

Georgia.

Q Could you briefly describe for us your vocational

work and training especially in regard to children?

A Ihavea B.S. degree in psychology from Troy State

(2) University, and I have an academic degree, M.A. in

general theoretical psychology from East Carolina Uni-

versity. I have a Psy. D., a Doctor of Psychology, from

Baylor University in clinical child psychology concentra-

tion. Have been at Central State Hospital since ‘68.

Primarily my experience there has been with children.

Also much of my practical training period and my formal

academic training was with children.

21 3]

Q Have you published any articles?

A_ I have, about ten or twelve.

Q Have you published any articles in relation to

children?

A Yes, I have. I think at last count twelve profes-

sional papers. I suppose about half of those must be

directly related to treatment of emotional disorders in

children.

Q Have you had any internship training?

A Yes, with Joseph (inaudible) University Medical

School for a year, in Philadelphia, Pennsylvania, and

there, by request, my concentration training was with

children.

Q Is that a special internship program?

A Yes. It is an international program accepting certain

quotas from the States and certain quotas from foreign

countries who have practitioners interested in furthering

their education in behavior therapy under Dr. Borne (??)

who is known in our profession as the father of behavior

therapy.

(3)

Q Doctor, could you please describe for us in general

the effects of immediate and long term of inappropriate

hospitalization of children.

A Well, the immediate effects seem to have to do with

depersonalization and desocialization of persons thrown

into these types of settings. I suppose I could narrow it

down to generalities somewhat when I say these types of

settings to pertain mostly to the State Hospital type of

setting. Immediately there is the depersonalization that

takes place, and some sort of conditioned emotional

(3) 22

responses that frequently occur from frustrations they are

undergoing. There seems to be a period of time in which

individuals may be exposed to inappropriate learning ex-

periences so that by modeling he may adopt many of the

other patients inappropriate behavior to his own repe-

toire, primarily due to a lack of alternatives given to him

in his development to cope with stress. He readily takes

on those behavior patterns that he sees as being a viable

alternative for himself. Reaching a little further in terms

of scope into the future, we find two sub-groups of patients

that usually evolve due to institutionalization. I base my

opinion at this time primarily on the work of Gogden and

if I am not mistaken a fellow named Base has also done

some work in therapy, but it’s been a long time since

college exams, so the names may not be exact. But he has

found that the two groups are those [4] patients who tend

to become colonized and then those patients who tend to

organize to try to beat the system. The colonization of

patients seems to be the one resulting in the most detri-

ment to the patient, since they essentially become a very

dependent species, unable to take care of themselves

independently in the regular mainstream of life.

Q Do these effects become more pronounced as the

state in the hospital progresses?

A If you mean more pronounced in terms of their

prognosis, yes. Although of course the height or intensity

of the maladaptive behavior of course may not go beyond

that after a certain number of years. But in terms of the

increase of the—in terms of the prognosis, continuance

of hospitalization will make the prognosis progressively

poor because tendencies grow with time and with practice

and a very strong habit that’s maladaptive will be much

more difficult to treat, and will have far-reaching effects

ee ee

23 [5]

in terms of any intervention that you might try with the

patient. I might add that all of these factors allow for the

original behavior of the person and the original disorder

they first presented themself with to sort of multiply and

intertwine so that as previously I have stated at one time,

they became somewhat panicled with the original problem

and solving the thing becomes rather difficult.

Q Are these effects more exaggerated when dealing

with [5] children as opposed to adults?

A In terms of prognosis I would say certainly, be-

cause you see with adults much of our treatment has to

do with the breaking down of inappropriate behavior,

and then attempting to instill an alternative. With

children, due to age, and due to familial reasons due to

environmental reasons, they never actually develop the

behavior and appropriate responses in the first place, so

that they are highly susceptible to implementation of

much behavior that otherwise they would not have,

since they are in a learning process, so that treatment

then becomes not only one of breaking down—it also

becomes one of instilling and giving alternatives, so that

it is a two-fold process with children. Then if appropriate

treatment isn’t given, by the time that child spends a

great deal of time in such an environment in an institu-

tion, we may find that the process of breaking down is

very difficult because he has had time to model from a

myriad of behaviors, and we may find the process of

giving alternatives to be very difficult because he has

ingrained a great many mutually exclusive inappropriate

behaviors that work against any therapeutic behaviors

that we try.

Q Would you describe your present job and your

duties and responsibilities in that job?

[5] 24

A Theoretically I am clinical director of psychology.

I am also—in terms of duties—this has to do with monitor-

ing [6] and carrying on all functions of professional

psychology.

Q Is that at Central State Hospital?

A Yes. There is a more recent name for it—Central

Georgia Regional Mental Health Center. Then I have

teamly functions, which—on the girls ward—which

essentially a synthesized function of all ward activities

and serve as consultant to attendant staff and so forth

in dealing with patients and to assist the ward physician

with planning and disposition of patients, and as con-

ceived is mainly an active day to day on the ward monitor-

ing and intimate involvement with all patient activities,

intake, treatment, disposition, and so forth. In terms of

job title, I suppose this is it. I am also involved in various

other activities.

Q Doctor, are you familiar with a study done in 1973

on Central State Hospital’s facilities for children and

adolescents?

A Cursorily.

Q What I would like to do, Doctor, is to retrieve from

that study their recommendations, conclusions, and see

if you agree with it in regards to the facilities at Central

State Hospital. Recommendation A—there are not ade-

quate facilities to serve the present need at Central State,

therefore it is essential that the new regional hospitals

begin child services as soon as possible, and children at

Central State from geographical areas having hospital

[7]services be transferred.

A Yes, I am familiar with that.

25 [8]

Q Do you agree with the statement?

A Is that the No. A? Yes, I agree.

Q The second statement—

THE COURT: Mr. Goren, wouldn’t it be appro-

priate to first, for the Court’s information, remembering

that the Court known nothing about the facilities, just

to give us a basic description of the physical facilities

over there for children? You may not want to do it with

him, but that’s something the Court needs to know, to be

able to understand anything about the problem.

MR. GOREN: O.K. What we will do, Your

Honor, is ask Dr. Hodges to explain his agreement with

these conclusions in regard to the specific facilities at

Central State.

THE COURT: All right. Just bear that in mind.

Q Mr. Goren: Dr. Hodges, the second of the con-

clusionary recommendations is that plans should begin

now for closing the 80-bed adolescent unit, as a physical

facility completely unacceptable for therapeutic rehabili-

tation for young children.

MS. KIRKLEY: Your Honor, I object to his

[8janswer that until he has laid the foundation showing

that he knows that facility—

THE COURT: Doctor, are you familiar with the

80-bed facility in question?

THE WITNESS: Arc you talking about the

C & A unit?

MR. GOREN: Yes sir, the adolescent unit.

THE WITNESS: Yes sir.

THE COURT: All right. Let him describe the

unit.

(8) 26

Q Mr. Goren: Dr. Hodges, explain why you are

familiar with that unit and your description of that unit,

please.

A Well, administratively I am not familiar with the

ins and outs of it. But in terms of the physical plan and

at least the low level of administration, I am familiar

with it. We have part of the Boland Building which is

one of the older buildings, for the adolescents, and I

don’t know how many beds we actually have in those.

The childrens building is a new building and very nice in

terms of physical accomodations as it now stands and

as it now functions, and that is primarily for the treat-

ment of children. The adolescents and children are

separated.

THE COURT: What’s the difference in an adoles-

cent and a child as you use that term?

[9]

THE WITNESS: Your Honor, could you be a

little more specific?

THECOURT: You differentiate between children

and adolescents.

THE WITNESS: In the sense that I use it?

THE COURT: Yessir.

THE WITNESS: I think over 12 years—I think

I should answer that not from a professional viewpoint

but from the viewpoint of how the C & A unit is run.

13 and up are considered adolescents and are placed in

the adolescent ward, and those below that age, children.

THE COURT: Doctor, go back and give me a

basic description of the buildings where these children

are housed—are they housed in one room, or in separate

rooms, or how?

27 [10]

THE WITNESS: O.K. In the adolescent unit the

male and female wards are separated by a lobby. Within

the ward itself there is separation by a metal gate into

two different areas. There is common bedroom facilities

for the in patients. The beds are in sort of, I suppose, a

Belaire arrangement in terms of having no partitions

between them—sort of open.

THE COURT: Are they cots, or double deckers?

THE WITNESS: They are Army bunk type beds

[10]|—not bunk beds one on top of the other, but they are

individual beds, maybe a little bit less than twin size—

they remind me of Army barracks type of bed. Then out-

side of the bed area there is a sort of day room area which

essentially is probably a 30 x 10 feet area in size, in which

there is TV and couches along the wall for them to col-

lectively spend their day if they choose to watch TV and

to interact in that way. It’s a flat roof structure, the walls

are fairly well painted right now, have various posters on

them for cheering up the guys, and there are—there is

one doctor’s office there on the ward which is toward the

far end of the ward, near the outside lobby. The secretary

is away from that office so that work can be done, due to

“the noise from TV and activities of the patients if they

are near the office area. It’s tile floor. In the center of this

complex I have just described is a nurses’ station which

attending ward personnel house their administrative

functions.

Q Mr. Goren: Doctor, could you now explain why

these facilities lead you to agree with the conclusion

which I read earlier?

MS. KIRKLEY: Excuse me. I believe he just

described the adolescent unit.

THE WITNESS: Yes, I did.

[11]

MS. KIRKLEY: And did not describe the chil-

dren’s unit.

THE COURT: Describe that also.

THE WITNESS: The children’s building is sepa-

rated also. The entire building is split in a sense down the

middle, and separates male from female sides. The interior

there reminds me very much of a dormitory life sort of

setting. There is a sort of bright atmosphere as compared

to the adolescent ward—lots of bulletin boards. It is a

new building and it’s well kept and there’s lots of activity

going on there professionally, activity sucn as music

therapy, and the kids can wander in there occasionally

which I have seen them do. The sleeping area seems to

be recognized as dormitory like. Again they have more

privacy in that the sleeping area if I recall correctly is

divided off into separate rooms.

Q Mr. Goren: Doctor, have you had an opportunity

to examine and review the case records of plaintiff J. R.?

A Yes.

First of all, what unit is J. R. in?

Adolescent 7.

That was the first unit you described?

Yes.

Q And based on your examination and your review of

[12] J. R.’s case history, have you been able to form an

opinion as to his need for further hospitalization?

A Yes. I would like to state as I have previously that

I am not familiar with the record in every exacting detail.

- O fF

29 [13]

I have reviewed the record and followed it in sort of a

chronological order and was able to form a diagnostic

impression, an impression of what disposition would be

most appropriate. But I don’t want to purvey the idea

that I have an infallibility, an infallible intimacy with his

record. Would you please repeat the question?

Q Have you also personally examined J. R.?

A Yes. Well, I saw him for about 15 to 20 minutes

interview.

Q Based on that interview and perusal of the record

which you just described, were you able to form an

opinion as to his need for further hospitalization?

A Yes. Also I talked with the team leader from his

ward area who has a very close working knowledge of the

boy. This constitutes partially the basis for my opinion.

I feel like that J. R. is just a mildly retarded individual

who needs structure and supervision but could function

much better in a setting characterized by a heck of a lot

less structure, and that would afford him more appropriate

opportunities for him to develop his self-supporting skills

as he grows older.

[13]

Q Would continued hospitalization of J. R. be harm-

ful to him?

A I believe that it would, for the reasons that I stated

earlier. A boy this age is easily led and with his limitation

in ability he would be as highly susceptible to suggestion,

who also—many kids who have a history like this also in

a sense are affection hungry so that they will do things for

mere peer attention and pure acceptance. So that what I

am saying overall is that it would be fairly easy for them

to incorporate a great many inappropriate behavior to his

[13] 30

own repetoire, that would lead us to characterizing him as

being pretty maladjusted, plus, as I mentioned earlier, the

habit strength of these individuals increase with each day,

just making it more difficult to ever break them down and

instill new behaviors. The third consideration is that this

type of child is an excellent type of candidate for coloniza-

tion, as I earlier explained as being taken from Gogden’s

research.

Q Colonization being what?

A Colonization being development of very dependent

type personality, one that is ‘“‘a good patient” and looks to

ward life structure and guidance for his existence from

minute to minute and cannot function independently

from the ward structure, and in patient hospital structure.

They are institutionalized is also another term frequently

used to describe this type of patient.

[14]

Q You are saying that each day he is there he is sus-

ceptible to becoming more institutionalized and therefore

will have lesser of a chance of succeeding on the outside?

A Yes.

Q Do you have a recommendation for what alter-

native placement would be appropriate for J. R.?

A Well, this is a very difficult question, because it has

to do with the alternatives available. So that while one

could certainly say the present setting is not the optimal

one and in many respects could be detrimental, it’s not

easy to put your finger on what would be most appro-

priate. I am also impaired somewhat by my lack of

knowledge in toto of what Georgia offers. I will try to

answer your question after all this qualification. A spe-

31 [15]

cialized foster home setting could possibly do it. A smaller

group home setting, such as a Boys Ranch where he would

get structure and some objectives from day to day, some-

thing to do with guys, maybe work pretty hard during the

week, with lots of interaction and stimulation, maybe

fishing on the weekend, a camping trip, or something like

this—a much less structured and more healthy optimistic

type thing.

Q Now back to Plaintiff J. L.—

THE COURT: Before you leave J. R., what do

you mean by slight mental retardation?

THE WITNESS: A mild retardation. This is

[15] characterized by a deficiency in scope and skills and

intelligence level is somewhere around 65 to 75. These

kind of people usually are—they are not stupid, but they

are rather slow. They make good solid citizens. They

work hard, see after their own business, like to go to town

on Saturday afternoon to a movie, but they never pursue

academic skills. They just are people who can function,

not very brightly, but nevertheless they are not severely

impaired.

THE COURT: Let me ask you—from your review

of his record, do you perceive that had he existed in a

normal parental situation that he could have survived in

the public school system of this State? If he had caring

parents who sent him to school like everybody else does?

THE WITNESS: I believe not without special

resources—resource teachers or special education classes.

Q Mr. Goren: One more thing about J. R. This

function that you just described for people who are the

same level of retardation that J. R. is presently at, would

his continued hospitalization harm his chances of being

[15] 32

able to fulfill his potentials for somebody of his intellectual

capacity?

A Yes, for that reason, that is the intelligence reason.

[16] And of course for other reasons whethera person is

mildly impaired or not, their behavior is determined not

only by an inherent or low I.Q. level but by the oppor-

tunities afforded them. We have indication that not only

is it a matter of having opportunities afforded, but if they

do not occur at a certain time and in a certain way then

the person may be permanently impaired from incor-

porating this into day to day functions. In other words, if

a person doesn’t learn how to learn sometimes, they can’t

even learn later even though they normally would—so

that you may have instilled sometimes a situation where-

by a person’s ability to further incorporate is harmed.

THE COURT: Doctor, what do you perceive

other than the slight mental retardation to be the cause

for this child being kept in this facility, Central State

Hospital, during the time he has been there?

THE WITNESS: I think primarily a lack of

alternatives for more appropriate treatment. I think that

is the primary reason.

THE COURT: Are you saying that from your

review of the record that you gather that the State just

had no place else to put this child?

THE WITNESS: I wouldn’t say that they had no

other place, but apparently it seemed to the people in-

volved in the case at the time that this was the most

[17] suitable alternative that they had to offer.

Q Mr. Goren: Doctor, have you also had an oppor-

tunity to examine J. L. and review his record?

33 [18]

A Yes.

Q And what ward is he on?

A He is on the male side of the children’s unit.

Q Have you had an opportunity to form an opinion as

to his need for further hospitalization?

A Yes.

Q What is that opinion?

A I believe more suitable arrangements could be

made, possibly specialized foster care situation. It must

be understood that frequent professional treatment

should be carried out by the prospective foster parents

for a more optimistic future there would need to be

counseling continued.

Q What would be the effect on J. L. if he were required

to remain hospitalized?

A It’s my opinion that with this particular boy he

seems to have a little get up and go about him. I don’t

think that he would become colonized. I think he would

become one who would attempt to beat the system and

would become very hostile, aggressive, and begin to show

his displeasure and aggravation by a large number of

responses that could make him be sort of obnoxious.

Particularly a kid with his intelligence level and knows

what’s going on, there will [18] be an increased tolerance

threshold so that you begin to see additional emotional

responses occur that add to the problem, the additional

emotional responses being simply a generalized emotion—

a sort of frustration situation, and they may become sort

of patterned or attached to various functions socially and

so forth so that they come out and become visibly as part

of the psychological problem.

[18] 34

MR. GOREN: I have no further questions.

THE COURT: What do you perceive to be the

reason for J. L.’s being admitted and being kept in this

facility?

THE WITNESS: I guess it would be kind of like

what we had on the other—lack of alternatives. What do

you do, if we put ourselves in the place of the individuals

who are dealing with the child at the time. The familial

situation was unstable, there was a traumatic point and

the child had reacted to this with a good deal of frustra-

tion, irritability, hyperactivity, the school couldn’t handle

him, the family couldn’t handle him, and no one wanted

him.

THE COURT: He is just seven?

THE WITNESS: Yes. It’s not unusua! to see

hyveractive reaction in children exposed to a traumatic

situation.

THE COURT: What—I know what I think that

[19] term means, but how do you use that term?

THE WITNESS: Well, the child is usually one

who has a very short attention span, won’t pay much

attention to anything for an appreciable period of time.

He is eternally from one thing to another. He is easily

upset and aggravated. You can’t get him to settle down,

he’s hard-headed, won’t listen to you.

THE COURT: Sounds like my four-year old.

THE WITNESS: I could put that into other

language, but I feel like that describes it as much as any-

thing else.

THE COURT: Do you consider that to be an

abnormal trait of children at 7 years of age?

35 [20]

THE WITNESS: To the degree it was being

shown, it was abnormal when you compare it to normaley.

When you go to talking about abnormality, there are five

different ways pathologists characterize this term. In the

sense that you just mentioned it, you are speaking in

reference to a known. That is, how does this child’s be-

havior compare to an average. If we look at it in that

sense, I think possibly we would have to say that his

behavior exceeded the intensity and amplitude of those

kinds of behaviors seen in normal people. If you look at it

from the sense that is the behavior abnormal given the

circumstances in which it evolved, I [20] would say no, it

is quite normal behavior for child of that age to display

given the situation.

THE COURT: And what do you perceive to be

the mental level of J. L.?

THE WITNESS: How smart he is, Your Honor?

THE COURT: Yes.

THE WITNESS: He is average intelligence.

MR. GOREN: Just a few more questions, Doctor.

Q Mr. Goren: In children who are admitted to the

hospital, do you often find that there is stress within their

family situation?

A Would you remind repeating that?

Q Children like J. L. who are admitted to the hospital,

do you often find in the history of children like this that

they come from a stressful family situation?

A Yes. Very much.

Q Does that often lead to their hospitalization?

[20] 36

A Yes. I think that implied in this kind of question

you are asking is something that has been battered about

for years in our field, and that is—well, I will just give a

conclusion. It’s now inconceivable that we could try to

determine the abnormality in the absence of considering

the situation in which it occurred. You say is there a

stressful family situation associated—well, there must be

[21] some situation associated because little has been

done in the science of psychology sans disorders directly

connected to some physiological or organic basis. Then we

must always, at least from my viewpoint, consider that a

disorder can develop in the sense of some learning process

by some pathological lesion forming, by a constitution

which it itself can also be involved. And the third way is

by learning, which is by far the biggest reason for our

behavior.

Q To treat children who come from that kind of

family situation, is it necessary also to work with the

family?

A Yes.

Q And what would be the effect if there wasn’t any

family to work with?

A The question you always ask in the treatment of a

child in your consideration of when he should go back,

when should he be entered back into the community, is

how many of the relevant precipitating elements were

altered by the treatment. If none have been altered, and

if the behavior had its beginning in this situation, and

you haven’t altered any of the elements, you almost have

to predict that the same thing is going to occur.

THE COURT: Doctor, in what proximity are the

physical facilities that you described to the adult facilities?

Physical proximity.

37 [23]

THE WITNESS: Judge, I would say a half to

[22] three-quarters of a mile.

THECOURT: From the nearest facility?

THE WITNESS: I believe that’s right.

THE COURT: What opportunity is there for the

children to get outside the building you described and

onto the grounds?

THE WITNESS: They do have activity therapy

and they are given opportunity to go out on a daily

basis. This is determined partly by the particular problem

of the individual and the amount of ward help available

for monitoring the children. But at least as it is set up all

of them have opportunity to go out if their behavior and

the circumstances let them go out.

THE COURT: Is there any type schooling?

THE WITNESS: Yes sir. There is a special edu-

eation school that is directly connected with the hospital

and is actually in the same building with the adolescent

unit.

THE COURT: Aill right.

CROSS EXAMINATION

BY MR. LACKEY:

Q Doctor, without being unduly repetitious, I would

like to begin again with the physical facilities, if I might.

It is true that J. L. is located in the children’s facility at

this time, isn’t it?

[23]

A Sir?

Q It is true that J. L. is located in the children’s

facility at this time, isn’t he?

[23] 38

A Yes, that’s right.

Q And that J. R. is located in the adolescent facility?

A Yes, that’s right.

Q Let’s talk about the children’s facility. You used

the term dormitory, school dormitory.

A Yes.

Is it departmentalized?

Yes, it is.

And you say there’s always activity going on there?

Yes, I think that’s fair to say.

Q Is there a professional staff available there in that

facility?

A Yes, there is.

Q What type of staff—just very briefly.

A We have attendants, nursing personnel, activity

therapists are available from time to time, there is a

psychology staff there for contact with the patients.

- O F&F

Q In other words there is a full range of psychiatric

services there?

A Yes.

Q From psychiatrists on down to attendants?

A Yes. If you would like to use that ladder.

[24]

Q Just going through the range, from people who are

there the most to people who are there the least. There

are play areas for the children at this facility, aren’t there?

A Play areas?

39 [25]

Q Play areas—entertainment areas.

A Yes.

Q There are recreation facilities available to them.

Swing sets and that sort of thing?

A Yes sir, they’ve even got an old hook and ladder

from an antiquated fire engine.

Q Now in the adolescent unit—by the way, do you

know how many children are in the children’s unit today?

A I am not able to answer that. It’s under 20 and

maybe over 10.

Q Let me break that down. Under 20—does that

include male and female?

A I believe that’s right.

Q And they are separated by sex?

A Yes.

Q So that means that following normal percentages

there are probably 10 male children and 10 female chil-

dren?

A Yes.

Q So the males interact in a group of 10 and the

females in a group of 10?

[25]

A Yes. Like I say, I can’t be specific.

Q And they have a school right there in the building?

A From the children’s building the school is just a

short walk. Yes.

Q There is a school available.

A Yes.

[25] 40

Q Are they required to attend and perform to their

abilities?

A Yes.

Q Is this a highly specialized school?

A It is a special education school and offers a curric-

ulum to my knowledge fairly representative of special

education schools. I don’t know really how to respond to

that.

Q Are these special education type schools available

everywhere in the State, to your knowledge?

A To my knowledge they are.

Q The way you answered that is that that you don’t

know, or—

A That probably would be the best answer. My wife is

a teacher, we’ve been all over, I guess. Most schools have

special education, and I think this is sort of set up by

legislation and governed by the educational system.

Q You spoke of models when you were discussing

some of the problems of children. Do the male staff mem-

bers act as models for the children under normal cireum-

stances?

[26]

A If you mean by models in the form of therapeutic

sense I would say no. Of course any live person is a model

whether it is by intent or whether it be inadvertent.

Q And one more question about the children—are

they fed regularly three meals a day, this sort of thing?

A To my knowledge they are. They all seem to look

healthy.

UR "

41 [27]

Q_ Let’s talk about the adolescents. The physical lay-

out as I understood it, in this case there are different

wings for the males and females?

A Yes.

Q And as I understood you, each wing is again divided

in at least two sections?

A Yes.

Q How many children would you presently say are in

the adolescent building?

A Male and female?

Q Yes.

A I would say close to 40—give or take 2 or 3.

Q And again using the normal percentages I would

say there are approximately 20 males and 20 females?

A Yes.

Q And the wards are divided—I assume they are

separated into even smaller groups again?

A Depending on how things are going. They may be

and [27] may not be, but they have that potential.

Q They could be divided—assuming they were divided

equally, there would be 10 in one group and 10 in the

other? |

A Yes.

Q Do they have recreational facilities available in the

adolescent ward? I know you described the place, but I

am more interested in the outdoor type—

A Yes, there is—the building is constructed so that in

the physical layout of it, the building is such that there is a

[27] 42

quadrangle enclosed, in the building itself. They get out

in there. I must say the recreational facilities as I described

for the children I think are probably more adequate than

they are for the teenagers, because here you have a

different set of needs for recreation, and I must say that

the physical facilities for their recreation is not that good.

We do have activity therapy and we have recently added

occupational therapy.

Q Do you have therapists who deal with music?

A Yes.

Q What other kind of therapists do you have avail-

able?

A There is recreational therapists.

Q Are all these therapists—

A And there is occupational therapy, which is servic-

ing a very limited number of the patients.

Q There are for these adolescents various types of

[28] therapy available and for the children also?

A Yes. There is. There is some amount—but I don’t

feel competent saying at this time that it is adequate.

Q The point I am getting to, Doctor, and that I am

trying to make to the Court is that we are not keeping

them caged over at the Central State Hospital, each in his

own little place, with no stimulants or anything else,

are we? We are providing some sort of services?

A Yes. bia

Q There is professional help provided?

A We make every effort for that to be so. In some

cases that is not possible.

43 [29]

Q Now let’s talk about your diagnosis—let’s go back—

you gave us quite an impressive list of credentials. When

did you finish your formal training in this area?

A August 16, this year.

Q August 16 of this year? Is that when you rejoined

the hospital on a full time basis?

A Yes.

Q So you just in essence finished your formal educa-

tion?

A Yes.

Q And embarked on your professional career. Is that

the case?

A Yes.

[29]

Q And did I understand you to say that you had—

MR. LACKEY: Your Honor, is it appropriate for

me to use the first names of these children? We’ve been

doing that all day.

THE COURT: I think so. Yes.

Q Mr. Lackey: It’s my understanding from our con-

versation earlier in which you testified today that you

had seen Jimmy for approximately 20 minutes.

A Yes.

Q And for Joey you had seen him approximately 20

minutes in an interview situation and on other occasions

in a perfunctory manner. Is that correct?

A That’s right.

Q So in essence, I take it,—and you also read the

files on the two boys?

A Yes.

[29] 44

Q Now isn’t it true then that basically what you told

us all today is based on not your study of these two cases

but on your general theory of how children should be

handled—children with emotional problems should be

handled?

A Nosir, I don’t feel that is is. I also would like to add

to the two aspects that formed the basis, and that is my

third point that I talked with a member of the psychology

staff in the children’s unit about J. L. to add to my read-

ings. I also talked with the team leader on adolescent 7

about [30] J. R. to supplement my reading, so that not a

great deal existed on the theoretical level. I do have to say

I based it on the basis of my professional opinion.

Q In that case what you must be saying is that there

are children there that you think should remain in that

institutionalized situation?

A Yes sir.

Q Are vou familiar with the social background of these

two children from your review of the record?

A Not in great detail. I am in terms of the sort of un-

stableness of the situation—this type of thing, and I

know I would be very vulnerable to questions or specifics

in that area.

Q I take it then you are not aware that J. R. has been

sent to a foster care type situation at least nine times or

ten times since he was originally brought to Central State

Hospital?

A Iwas not aware of that.

Q Let’s talk about your diagnosis again—you diag-

nosed one of the children as being mildly retarded. Doesn’t

the case record indicate that this child also had emotional

45 [31]

problems, throws temper tantrums, head-banging, bed-

wetting?

A Yes.

Q Aren’t those all symptoms of some sort of emotional

[31] disorder?

A Yes, they are.

Q Something besides mental retardation?

A Yes.

THE COURT: Head-banging and bed-wetting are

symptoms of what?

THE WITNESS: As the lawyer said, of further

emotional disorder, if it’s intense enough, and I assume

that he mentioned that in that context—

MR. LACKEY: I was reviewing the record where

it was reported that he threw temper tantrums, head-

banging, bed-wetting, this sort of thing.

THE WITNESS: And your question was are

these sometimes symptoms of other emotional disorders.

Was that your question?

MR. LACKEY: Yes.

A The Witness: Yes, these are sometimes symptoms

of other emotional disorders, particularly with emphasis

on the intensity. :

THE COURT: They are also symptoms of a

normal child, aren’t they?

THE WITNESS: That’s true.

THE COURT: I have known of many children

that do the same thing—normal children that live up and

down the street.

‘

[32]

MR. LACKEY: In his medical records these were

given as part of the reason at the time of his admission.

THE COURT: That’s what’s disturbing to the

Court.

MR. LACKEY: Well, the Doctor has said this

demonstrates some emotional disorder.

THE WITNESS: I said sometimes. Let me talk

for a minute if I may, about the problems of diagnoses.

THE COURT: Let’s don’t do that. Go ahead.

Q Mr. Lackey: You mentioned you thought the idea

for these people would be specialized foster care? Is that

correct?

A For J. R. I think I said either that or a group home

setting with sort of a more optimistic atmosphere, such

as a Boys Ranch.

Q Just assume for the moment that a Boys Ranch is

available—I don’t know that it is—what is different—as

I understand it, a Boys Ranch type situation is again a

group setting of a number of persons who are in a ranch

type setting. They are still in a group, and I assume that

the group would be no smaller than the ten we are talking

about here. What makes that situation any more different

so as to warrant setting up a special system?

[33]

A Ihave to speak from my experience and my context

of what is a Boys Ranch, at least from my understanding,

it’s based on a home type existence in which the kids are

not depersonalized in that they can have their own per-

sonal items, they have their own beds in a rather private

area. They can more or less go and come at will, but they

have specific tasks.

47 [34]

Q I take it you mean then out of the professional

setting—by home setting you mean a typical foster care

setting with just ordinary people running the situation

for the child as opposed to a psychologist or social worker

or something like that?

A Yes.

Q You are not talking about the professionals that we

can go out and hire on the street?

A No.

Q You are talking about somebody who really cares

about kids and wants to do something for them?

A Yes.

Q Do you know where the is a list—where there is a

group of people like that that we can draw?

A No.

Q Isn’t it the same way with specialized foster homes?

Isn’t the main ingredient the people—the person, the

foster parents?

[34]

A Yes. And there are hardly any homes available,

particularly for this age group.

Q And that isn’t something money can cure, is it?

A Well, I think it probably is, because it seems that

the level of values is very very intimately associated with

social economic power.

Q You mean if the Judge raises the anti high enough

we will find some of this parential love out there?

A I think it would flourish.

Q Is that what you want for the children? That kind

of parental love?

[34] 48

THE COURT: Well, that—let’s get off that.

MR. LACKEY: No further questions, Your

Honor.

REDIRECT EXAMINATION

BY MR. GOREN:

Q Would the behavior of these children deteriorate

if they remain hospitalized?

THE COURT: I think he has aiready answered

that question. In his opinion continued hospitalization

would be detrimental.

MR. GOREN: That’s all.

ee ee

[1]

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF GEORGIA

MACON DIVISION

(Caption omitted in printing)

[1] [Filed at 9:30 A. M., Nov.18, 1975, Dorothy F. Motes,

Deputy Clerk, U. S. District Court, Middle District of

Georgia]

ORDER

This confirms the court’s verbal order of October 30,

1975, pursuant to Rule 23, Federal Rules of Civil Pro-

cedure, that this action is to be maintained as a class

action. The class consists of all persons younger than 18

years of age now or hereafter received by any defendant

for observation and diagnois and/or detained for care

and treatment at any ‘“‘facility’’ within the State of Geor-

gia pursuant to 1969 Georgia Laws page 505, 517, in-

formally codified as 1933 Georgia Code Annotated

§ 88-503.1. The representatives of the class are “J.L.” and

“J.R.” by their guardian ad litem David Goren, Esquire.

The present basis for this action so proceeding is Rule

23(b)(2). This order is conditional and may be altered or

amended before a decision on the merits.

SO ORDERED, this the 17th day of November, 1975.

/s/ WitBuR D. Owens, Jr.

WiLpur D. Owens, JR.

United States District Judge

(1)

IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF GEORGIA

MACON DIVISION

(Caption omitted in printing)

[1]

DEFENSES AND ANSWER

COME NOW all defendants and make the following

defenses and answers to Plaintiffs’ complaint.

DEFENSES OF LAW

The Complaint fails to state a claim upon which injunc-

tive cr declaratory relief may be granted.

The Complaint fails to state a claim upon which

monetary relief may be granted.

[2]

ANSWER

Responding to the specific allegations of the Complaint,

the defendant show the following:

Defendants admit that plaintiff seeks declaratory and

injunctive relief, and damages for violation of their civil

rights resulting from the operation of Ga. Code § 88-503.1.

Defendants also admit that the cause of action arises

under 42 U.S.C. §1983 and that since an injunction of a

statewide statute is requested that a three judge court is

required. Defendants deny the remaining allegations of

paragraph one (1) of the Complaint.

AD mb tec ctl ARE ec lw A ABO gE AIT ME 0 Bt

es ae ae

51 [3]

The allegations of paragraph two (2) of the Complaint

are admitted.

The allegations of paragraph three (3) of the Complaint

are admitted.

Defendants admit that plaintiff J.L. is a citizen of

Georgia age 12 who was admitted to the hospital upon

application by his adoptive mother and stepfather pur-

suant to the challenged statute, Ga. Code § 88-503.1, and

also admits that plaintiff J.L. would testify that he is

being held against his will.

The allegations of paragraph five (5) of the Complaint

are admitted and defendants show by way of further

answer that there was not an adversarial proceeding prior

to the plaintiff’s J.L. admission because he was voluntarily

admitted pursuant to [3] the challenged statute, Ga.

Code § 88-503.1, and also admits that plaintiff J.L. would

testify that he is being held against his will.

Defendants admit that plaintiff J.R. is a citizen of

Georgia, age 12, who was committed by the Stephens

County Department of Family and Children Services

pursuant to Ga. Code § 88-503.1 and defendants further

admit that plaintiff J.R. would testify that he is being

held against his will.

The allegations of paragraph seven (7) of the Complaint

are admitted and defendants show by way of further an-

[3] 52

swer that there was not an adversarial proceeding prior

to the plaintiff J. R.’s admission because he was volun-

tarily admitted pursuant to the request of his adoptive

mother and after examination by the admitting physician

at Central State Hospital (now Central Georgia Regional

Hospital).

The allegations of paragraph eight (8) of the Complaint

are admitted.

The allegations of paragraph nine (9) of the Complaint

are admitted.

10.

The allegations of paragraph ten (10) of the Complaint

are admitted.

11.

The allegations of paragraph eleven (11) of the Com-

plaint are admitted.

[4]

12.

The allegations of paragraph twelve (12) of the Com-

plaint are admitted.

13.

The allegations of paragraph thirteen (13) of the Com-

plaint are admitted.

14.

The allegations of paragraph fourteen (14) of the Com-

plaint are admitted and defendants show by way of

further answer that plaintiff was diagnosed by the ad-

mitting physician as a hyperkinetic child and that he had

unsocialized aggressive reaction of childhood.

ante ee Pe

DERE. Oe RE Oe Pee 16 RO

53 [5]

15.

Defendants admit that plaintiff J.L. was admitted by

adoptive mother and stepfather. Defendants can neither

admit nor deny the remaining allegations of paragraph

fifteen (15) of the Complaini for want of information

sufficient to form a belief as to the truth or falsity thereof.

16.

The allegations of paragraph sixteen (16) of the Com-

plaint are denied.

17.

The allegations of paragraph seventeen (17) of the Com-

plaint are admitted except defendants show that adminis-

trative procedures were used to determine the appvopriate-

ness of hospitalization and plaintiff was voluntarily com-

mitted to the hospital and therefore [5] was not the

subject of an adversarial proceeding.

18.

Defendants admit that J.I.. was confined in Central

State Hospital from May 18, 1970 through September 18,

1972 when he was released on furlough and after that

furlough he has been continually confined since that day.

Defendants can neither admit nor deny the remaining

allegations of paragraph eighteen (18) of the Complaint

for want of information sufficient to form a belief as to

the truth or falsity thereof.

19.

The allegations of paragraph nineteen (19) of the Com-

plaint are admitted accept that Defendants show by way

of further answer that a relinquishment to Central State

Hospital is not a legally binding document.

i) 54

20.

Defendants deny that J.L. has been inappropriately

or unconstitutionally institutionalized. Defendants can

neither admit nor deny the remaining allegations of

paragraph twenty (20) of the Complaint for want of in-

formation sufficient to form a belief as to the truth or

falsity thereof.

21.

Defendants admit it would be appropriate for plaintiff

J.L. to attempt to live in a less drastic environment, in a

specialized foster home for example but show by way of

further answer that at the present time they know of no

specific foster home available for plaintiff J.L. Defendants

can neither admit nor deny the remaining allegations of

paragraph twenty-one (21) of the Complaint for want of

information sufficient to form a belief as to the truth or

falsity thereof.

22.

The allegations of paragraph twenty-two (22) of the

Complaint are denied.

(6) 23.

The allegations of paragraph twenty-three (23) of the

Complaint are denied and defendants show by way of

further answer that plaintiff J.L. is presently in the least

drastic environment which is available for his care and

treatment.

24.

Defendants admit that J.L. remained confined at Cen-

tral State Hospital apparently against his will but they

deny the remaining allegations of paragraph twenty-four

(24) of the Complaint.

Pa PS ROMS, BERK ty tial Clann Ree dd ee halt

6 ee oe

ES Oo, a's

y Baad sabes 2Oebte te Ri a

55 (7]

25.

The allegations of paragraph twenty-five (25) of the

Complaint are admitted except that defendants would

show that plaintiff J.R. was, at the time of his admission,

mildly retarded or had a borderline normal level of in-

telligence.

26.

The allegations of paragraph twenty-six (26) of the

Complaint are admitted except that defendants can

neither admit nor deny that plaintiff J.R. lost his place

in six foster homes to a more favored child for want of

information sufficient to form a belief as to the truth or

falsity of the allegation.

27.

Defendants admit that plaintiff J.R. would testify that

he does not wish to stay at Central Georgia Regional

Hospital. Defendants can neither admit nor deny the

remaining allegations of paragraph twenty-seven (27) of

the Complaint for want of information sufficient to form

a belief as to the truth or falsity thereof.

28.

The allegations of paragraph twenty-eight (28) of the

Complain+ are denied.

[7] 29.

The allegations of paragraph twenty-nine (29) of the

Complaint are admitted except defendants show that ad-

ministrative procedures were used to determine the ap-

propriateness of hospitalization and that plaintiff J.R.

was voluntarily admitted to the hospital and therefore

was not given an adversarial hearing.

[7] 56

30.

Defendants admit that it would be appropriate to try

to place J.R. in a specialized foster home and that none

has been available since that time but defendants can

neither admit nor deny the remaining allegations of para-

graph thirty (30) of the Complaint for want of information

sufficient to form a belief as to the truth or falsity thereof.

31.

The allegations of paragraph thirty-one (31) of the

Complaint are admitted.

32.

The allegations of paragraph thirty-two (32) of the

Complaint are admitted.

33.

Defendants deny that J.R. has been inappropriately or

unconstitutionally institutionalized. Defendants can nei-

ther admit nor deny the remaining allegations of para-

graph thirty-three (33) of the Complaint for want of in-

formation sufficient to form a belief as to the truth or

falsity thereof.

34.

Defendants can neither admit nor deny the allegations

of paragraph thirty-four (34) of the Complaint for want

of information sufficient to form a belief as to the truth

or falsity thereof.

35.

The allegations of paragraph thirty-five (35) of the

Complaint are denied.

(8] 36.

The allegations of paragraph thirty-six (36) of the

Complaint are denied and defendants show by way of

_ nine

57 [8]

further answer that plaintiff J.R. has been placed in the

least drastic environment available for his care and

treatment.

37.

Defendants admit that J.R. remains confined at Cen-

tral Georgia Regional Hospital and that he would testify

that he is confined against his will. Defendants deny the

remaining allegations of paragraph thirty-seven (37) of

the Complaint.

38.

The allegations of paragraph thirty-eight (38) of the

Complaint are admitted.

39.

Defendants admit that pursuant to Ga. Code

§ 88-503.1(a) a parent or guardian may voluntarily com-

mit a child to a state mental health facility regardless of

a child’s opposition to admission and that there is no

provision in the code for a hearing prior to a voluntary

admission to determine the appropriateness or necessities

of such action. Defendants deny the remaining allega-

tions of paragraph thirty-nine (39) of the Complaint and

show by way of further answer that the admission pro-

cedures protect the child’s interest and that in this manner

the child is able to influence the decision which results in

his admission to an institution.

40.

The allegations of paragraph forty (40) of the Com-

plaint are denied.

41.

The allegations of paragraph forty-one (41) of the

Complaint are denied.

[8]

42.

The allegations of paragraph forth-two ‘42) of the

Complaint are denied.

[9] 43.

The allegations of varagraph forth-three (43) of the

Complaint are denied. Defendants jointly demand a jury

trial on all issues of disputed fact with regard to plaintiffs’

second claim for relief for ten thousand dollars ($10,000)

damages for each of the named plaintiffs.

44.

The allegations of paragraph forty-four (44) of the

Complaint are denied.

ArTHuR K. BoLTon

Attorney General

Rosert 8. Srusss, II

Chief Deputy Attorney General

/s/ Don A. LANGHAM

Don A. LANGHAM

Deputy Attorney General

/s/ Timoruy J. SWEENEY

Timotuy J. SWEENEY

Senior Assistant Attorney General

/s/ Dorotuy Y. KIRKLEY

Dorotuy Y. KIRKLEY

Assistant Attorney General

Please serve:

Dorothy Y. Kirkley

132 State Judicial Bldg.

Atlanta, Georgia 30334

Phone: 656-3346

pe ew —

59 (2]

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF GEORGIA

MACON DIVISION

(Caption omitted in printing)

[1] AFFIDAVIT OF JANET SCOTT

I, Janet Scott do hereby swear or affirm the following to

be true.

I presently reside at 240 Richards Drive, Milledgeville;

my mailing address is P.O. Box 1076, Milledgeville,

Georgia.

I have a Masters Degree in Social Work and am pres-

ently employed by Central State Hospital, Milledgeville,

Georgia, in the position of Social Worker ITI.

From August 1968 through March 1971 I was the Social

Worker in the Children’s Building, part of the C & A

Unit, of Central State Hospital.

I first came into contact with Joey Lister in March

1970, as an out-patient. It was my understanding that

his step-father had contacted Col. Schuyler, who in turn

contacted Dr. Portuondo, Unit Director, C & A Unit

regarding out-patient services. On March 17, 1970 I had

my first meeting with Joey and his parents on out-patient

status. I met with Joey and his family approximately once

per week, for about two months, while he was on out-

patient status. These meetings consisted of individual and

parent therapy. I was the primary therapist in this case

on out-[2]patient and in-patient status.

Through these meetings I became increasingly aware

of the problems that Joey and his parents had. I became

[2] 60

aware that Joey was being held responsible for the verbal-

ized problems within the home but, that these problems

seemed primarily to belong to the mother and step-father.

It was my opinion that Joey was being scape-goated by

his parents for their difficulties. My impression was that

Joey was neither psychotic nor hyperkinetic. I concluded

that it was not really in Joey’s best interest to be hospital-

ized but, that placement in another home environment

might have best met his needs. In a different home en-

vironment, one of love and acceptance, I doubt that Joey

would have experienced the problems attributed to him,

and with which he had to deal.

The circumstances involved in Joey’s adoption, at 8

hours old, I believe contributed to the situation that

evolved in the eventual hospitalization of him. The

adoptive mother and her first husband, Dr. Joe Lister,

were invited to dinner at a home of a physician friend,

with whom Dr. Lister arranged the adoption of this out-

of-wedlock boy without his wife’s awareness; the physician

friend felt the marriage to be rather shaky and decided

that, in order to survive, it needed a child.

The eventual divorce of the Lister’s, and the adoptive

mother’s assuming total responsibility for the care and

supervision of Joey, plus the unusual circumstances in-

volved in the initial adoption (for which Mrs. Lister was

prepared neither emotionally nor for the necessary items

required in the care of an infant) I believe contributed to

the basic negative feelings of this mother for this child,

and contributed to the rejection of Joey exemplified by

his admission to C.S.H. The mother’s remarriage also

contributed to her need to reject Joey and “start over

again”; I did not feel that Mr. Shermer ever really wanted

Joey in his new marriage.

ee i ne. © re

[3]

From the time of Joey’s admission and until I left the

C & A Unit, in March 1971, nothing occurred during his

course of hospitalization that led me to alter my impres-

sion that hospitalization was not in his best interest.

During this period of time I felt that an adoptive home,

rather than a foster home, would best meet his needs.

Some permanency was needed that adoption could pro-

vide.

At the time of the decision to admit Joey to the C & A

Unit, made by Dr. Portuondo, Unit Director, I was not

consulted as to my recommendation regarding his need

for hospitalization.

My contact with Jimmy Ramey, prior to my departure

from the C & A Unit in March 1971, was quite minimal.

I was aware that the reason for his admission, as shared

with me, was that Stephens County DF & CS had run

out of foster homes and felt they had no other alternative

than hospitalization. At this time my reaction was that

such a reason for hospitalization was indeed unusual if

not inappropriate.

18 Nov. 1975 /s/ JANET Scotr

Date JANET ScoTr

/s/ CaroLyn R. BLoopwortH

Notary Public, Baldwin County, Ga.

My Commission Expires: 1-6-78.

(SEAL)

(1)

IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF GEORGIA

MACON DIVISION

(Caption omitted in printing)

REVISED STATEMENT OF FACTS

Plaintiff J.L. was adopted when he was 8 hours old.

Following the adoption, the adoptive parents experienced

marital difficulties, stress, and eventually, the marriage

failed.

In June, 1969, when J.L. was 5 years old, J.L.’s adop-

tive mother remarried. Family tension continued, J.L.

had problems in school [See Exhibit #2-B-1; Summary

Progress Note: 6/75], and in March, 1970, J.L.’s adoptive

mother and stepfather contacted Central State Hospital

regarding out-patient services. After less than 8 weeks of

out-patient services which consisted of weekly sessions of

both individual therapy for J.L. and parent therapy [See

P-1; Affidavit of Janet Scott, Social Worker], J.L. was

“voluntarily” admitted by his adoptive mother and step-

father to Central State Hospital on May 18, 1970.

The diagnosis given at the time of admission was

‘“‘Hyperkinetic reaction of childhood; predisposition: poor

home environment.”’ [See Exhibit #1-I]. However, admis-

sion notes written by Dr. Zapatera (now Gutierrez) state:

“T wonder if he was hyperkinetic . . . he does not look like

that now?” [See also Exhibit #1-G-1 and 2].

For J.L., at 6 years of age, the familial situation was

unstable; there was a traumatic point and he related to

this with a good deal of frustration, irritability, hyper-

activity, the school couldn’t handle him, the family

ee ee NN ew Bille es! ot.

a ay

fe tase 4 < etesab

ae oT el

63 (2)

couldn’t handle him, and no one wanted him. It is not

unusual to see hyperactive [2] reaction in children exposed

to a traumatic situation. [See p. 18 of transcript of testi-

mony of Dr. Wayne Hodges].

In November of that year, J.L. was given a form notice

of his right to discharge as a voluntary patient. He signed

the receipt of that notice when he had just turned 7 years

of age. [See Exhibit #3]

J.L. was confined in Central State Hospital from May

18, 1970, through September 18, 1972, when he was re-

leased on furlough to his adoptive mother and stepfather.

Within 10 days he was returned to the institution by

them. It was reported that: “the furlough did not work

out because of the stress of the family situation and the

inability of the school to effectively discipline J.L..’”’ [See

Exhibit #2-B-1; Summary Progress Note: 6/75]. He has

been continuously confined in the hospital since that date.

Following the birth of her own child to her second

marriage, J.L.’s adoptive mother joined with his adoptive

father in April, 1974, in attempting to voluntarily relin-

quish their parental rights to Central State Hospital. [See

Exhibit #4]. J.L. has seen neither his adoptive parents

nor his stepfather since that date.

As early as 1973, over two years ago, hospital person-

nel recommended specialized foster care for J.L. [See p.

7 of transcript of testimony of Dr. Gutierrez]. That

recommendation was continually reaffirmed and docu-

mented in hospital records: ‘Continued hospitalization

would not provide the emotional climate necessary to meet

J.L.’s needs. Recommendation: J.L. be considered for

foster home placement with continued out-patient ther-

apy.” [See Exhibit #5-A-2; Psychological Evaluation:

[2]

6/75]. “Foster care would be most beneficial . . . he is

obviously suffering from some degree of institutionaliza-

tion and should experience success in a loving, concerned

relationship as soon as possible.”’ [See Exhibit #2-B-4 and

5; Summary Progress Note: 6/75}.

[3]

Specialized foster care remains the recommendation of

the psychologist and psychiatrist on J.L.’s ward at the

present time. [See p. 7 of transcript of testimony of Dr.

Gutierrez; p. 17 of transcript of testimony of Dr. Hodges].

PLAINTIFF J.R.

In November, 1962, at the age of 3 months, J.R. was

declared a deprived child and removed from the home of

his natural parents. He has had no contact with his nat-

ural parents since that time. Stephens County Depart-

ment of Family and Children Services was given tempo-

rary custody of J.R. at that time, and eventually secured

permanent custody “for the purpose of placing said child

for adoption.”’ [See Exhibit #8].

J.R.’s life for the next seven years consisted of 2

hospital visits and placement in 5 foster homes. In his

first foster home, J.R.’s foster parent was a widow who,

in addition to J.R., took are of another infant, and 3

younger children. It was felt that “he suffered a lack of

stimulation and attention” in that environment, and was

subsequently placed, after hospitalization for medical

problems, in two other foster homes. J.R.’s positive ad-

justment to his fourth foster home was cut short due to

the illness of that foster mother and the financial inability

of the fourth set of foster parents to care for J.R. J.R.’s

fifth foster placement was also successful initially, how-

ever, when he started acting out, those foster parents, in

os wht «Wade amen GEN os on ee nae Ca

65 [4]

their early 60’s, decided they could not handle this seven

year-old boy. [See Exhibit #9-A-1 and 2; Summary for

Placement Resource].

On May 26, 1970, Dr. John Curtis, Psychiatric consul-

tant at Stephens County Mental Health Clinic where J.R.

had been receiving services for approximately one year

stated: ‘I feel it would be of benefit to him . . . to stay

in the foster home—for an additional year since he has

been in seven different foster homes and this must be very

upsetting to him, and if he has to [4] move, it will be even

more upsetting.” [See Exhibit #9-B-8; Stephens County

Mental Health Clinic Records].

Nevertheless, on June 26, 1970, J.R. was ‘“‘voluntarily”

admitted to Central State Hospital by his guardian,

Stephens County Department of Family and Children

Services.

He was diagnosed - having Borderline Mental Retar-

dation and Unsocialized Agressive Reaction of Childhood.

[See Exhibit #7-C; Admission Summary]; however, screen-

ing at that time indicated he was not retarded. [See

Exhibit #7-I: Interoffice Correspondence]. No answer

was given on the Personal History admission form as to

what aspect of the patient’s behavior made hospitaliza-

tion necessary [See Exhibit #7-F-3; Personal History]. It

was noted that “this boy has been at seven years of age

in six different foster homes. We feel that that is a trau-

matic experience.” [See Exhibit #7-H-3; Psychiatric Ex-

amination].

The admitting physician concluded that hospitalization

was appropriate because J.R. ‘would benefit from the

structured environment and would be enrolled in school

activities and would enjoy living and playing with boys

of the same age.” [See also Exhibit #7-H-3].

[4]

Recommendations for foster home placement were

made in early 1973 [See p. 10 of transcript of testimony of

Dr. Gutierrez] [See also Exhibit #9-A-2 and 4; Summary

for Placement Resource: 6/73]: ‘‘Central State Hospital

has for some months been requesting long term foster

care or (an) adoptive home... it is felt that (J.R.) will

now only regress if he does not get a suitable home place-

ment as soon as possible . . . (he) has received maximum

benefits from Central State’s program.”’

This recommendation was subsequently reaffirmed and

documented in the hospital records: ‘efforts to obtain a

foster placement should be primary at this time lest J.R.

become a permanently institutionalized child.” [See

Exhibit #10-A-2; Psychological Evaluation: 8/73]. ‘‘Fos-

ter care is recommended.” [See Exhibit #10-C; Restaffing:

11/74].

[5]

At present, J.R.’s psychologist indicates: that J.R. “is

just a mildly retarded individual who needs structure and

supervision but could function much better in a setting -

characterized by . . . a lot less structure . . . continued

+o°e OR Se. aid ate

67 [5]

hospitalization would be harmful for J.R.”’ [See pp. 12-13

of transcript testimony of Dr. Wayne Hodges].

Respectfully submitted,

/s/ Davip GOREN

Davip GOREN

Nancy LINDBLOOM

STEPHEN GRANBERG

GERALD R. TArutIs

653 Second Street

Macon, Georgia 31201

(912) 744-6261

JOHN CROMARTIE, JR.

Suite 909

15 Peachtree Street, N.E.

(404) 656-6021 Atlanta, Georgia 30303

JOSEPH J. LEVIN

PAMELA 8. HorowirTz

Southern Poverty Law Center

1001 S. Hull

Montgomery, Alabama 36101

(1)

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF GEORGIA

MACON DIVISION

(Caption omitted in printing)

STIPULATION OF FACTS FOR THREE-JUDGE

HEARING

Plaintiffs J.L. and J.R. and the class of children they

represent, through their attorneys, and Defendants T.M.

(Jim) Parham, W. Douglas Skelton, M.D., and W. T.

Smith, M.D., through their attorneys, stipulate to the

following facts for the purpose of this civil action:

Plaintiff J. L. was admitted to Central Georgia Regional

Hospital (formerly Central State Hospital) on May 18,

1970, upon application by his adoptive mother and step-

father pursuant to Ga. Code § 88-503.1. He was six (6)

years old at the date of his admission. See Exhibit #1.

J.L. has normal intelligence and at the time of his

admission to the hospital was diagnosed as having hyper-

kinetic reaction and adjustment reaction to childhood.

He had previously received some treatment as an out-

patient for approximately two months prior to the date

of his admission. The admitting physician determined

that hospitalization was appropriate because J.L. could

“not function outside the hospital and admission might

be helpful.” See Exhibit #2.

(2] 3.

J.L. was admitted in accordance with Ga. Code

§ 88-503.1 and thus prior to his admission, there was no

1 Mie ins Gib salves nse costo tna ll

[2]

formal or informal administrative or judicial hearing

statutorily required or held. He was therefore not given

notice, counsel, the opportunity to present evidence, to

subpoena witnesses and documents, confront and cross

examine witnesses, and expert examination and assistance

by an expert not employed by the Department of Human

Resources and other procedural safeguards associated

with an administrative or judicial hearing in order to

determine his need for hospitalization.

J.L. was confined in Central Georgia Regional Hospital

from May 18, 1970, through September 18, 1972, when he

was released on furlough. Within ten (10) days he was

returned to the institution by his adoptive mother and

stepfather. It was reported that the furlough did not work

out because of the stress of the family situation and the

inability. of the school to effectively discipline J.L. He

has been continuously confined in the hospital since that

date. See Exhibit #2.

On November 4, 1970, J.L. was given written notice of

his right to discharge. That notice informed him tha‘ his

discharge may be conditioned upon the consent of his

parents. He signed his receipt of that notice when he was

seven years old. A copy of that notice is attached as Ex-

hibit #3.

In April, 1974, J.L.’s adoptive parents attempted to

voluntarily relinquish their parental rights to the hospital.

J.L. has not seen his adoptive parents since that date.

See Exhibit #4.

[3] 7.

J.L. would testify that he does not wish to be confined».

in a State Mental Hospital.

The opinion of Central Georgia Regional Hospital

personnel with regard to J.L.’s need for hospitalization is

found in Exhibits #2 and 5 attached hereto.

On October 31, 1975, the Department of Family and

Children Services of Baldwin County petitioned the Ju-

venile Court of that county for temporary custody of

J.L. On that same day, Judge George Jackson granted

the Department of Family and Children Services of

Baldwin County temporary custody of J.L. See Exhibit

#6.

10.

J.L. has not been placed in a specialized foster home.

A specialized foster home is defined by the defendants to

mean a home in which the foster parents are enabled by

training and experience to provide care for children who

have been diagnosed as having severe physical, mental or

emotional handicaps and who would benefit from the in-

ucmsive care provided by such foster parents. A one

hundred twenty-five ($125.00) dollars a month service

fee is paid to each specialized foster home in addition to

the per diem rate for each child. There is a limit of two

children for each specialized foster home. Medical or

psychiatric treatment for children in specialized foster

homes is paid for by the state or county in addition to

the per diem rate and service fee.

ee Aa ee

ie eh We Fa

“ BO Se LEA UWE See Bere rt

St ee en eee Rel en ae Se

11. [4]

Plaintiff J.R. was committed to Central Georgia Re-

gional Hospital on June 26, 1970 upon application of his

Guardian, Stephens County Department of Family and

Children Services pursuant to Ga. Code § 88-503.1. He

was seven years old at admission. See Exhibit #7.

12.

Upon admission, J.R. was diagnosed by one report as

not being mentally retarded and another report as being

borderline mentally retarded. He was also diagnosed as

having ‘‘aggressive reaction of childhood.” The admitting

physician determined that hospitalization was appropri-

ate because J.R. would “benefit from the structured

environment and would be enrolled in school activities

and would enjoy living and playing with boys of the same

age.”’ See Exhibit #7.

13.

J.R. had been placed in the custody of the Stephens

County Department of Family and Children Services

after the Juvenile Court of that County dec!ared him to

be a deprived child and removed him from the home of

his natural parents. J.R. has not had contact vith his

natural parents since removal from their home. See

Exhibit #8.

14,

J.R. has had five foster home placements prior to ad-

mission. He received some treatment as an out-patient at

the Stephens County Mental Health Clinic from May 22,

1969 until his admission to the hospital. See Exhibit #9.

15.

J.R. was admitted in accordance with Ga. Code

§ 88-503.1 and thus prior to his admission, there was no

[4] 72

formal or informal administrative or judicial hearing

statutorily required [5] or held. He was therefore not

given notice, counsel, the opportunity to present evidence,

to subpoena witnesses and documents, confront and cross

examine witnesses, and expert examination and assistance

by an expert not employed by the Department of Human

Resources and other procedural safeguards associated

with an administrative or judicial hearing in order to

determine his need for hospitalization.

16.

J.R. has had no contact outside the hospital for the

last five years except for approximately four temporary

holiday visits to foster homes.

17.

J.R. is presently hospitalized in Central Georgia

Regional Hospital and would testify that he does not wish

to remain there. The opinion of Central Georgia Regional

Hospital personnel with regard to J.R.’s need for hospitali-

zation is found in Exhibit #10 attached hereto.

18.

J.R. has not been placed in a foster home or an adoptive

home.

19.

A portion of the class of children represented by

plaintiffs were admitted to regional mental health hos-

pitals in accordance with Ga. Code § 88-503.1, and thus,

prior to their admission, there was no formal or informal

administrative or judicial hearing statutorily required or

held. They were therefore not given notice, counsel, the

opportunity to present evidence, to subpoena witnesses

and documents, confront and cross examine witnesses, and

ot is tN smnearnacaineellil

LOO te le Wali 2 We a ee

oe eee

73 (6)

expert examination and assistance by an expert not em-

ployed by the Department of Human Resources and other

procedural safeguards associated with an [6] administra-

tive or judicial hearing in order to determine his need for

hospitalization.

20.

Juveniles are confined in state mental health facilities

as voluntary patients pursuant to § 88-503.1 who would

testify that they are being confined against their will.

21.

The general admission procedures to Central State

Hospital for juveniles admitted by their parents or guard-

ian pursuant to Ga. Code § 88-503.1 is as follows:

(a) Parents or guardians bring their child to the

admissions unit in the Powell Bldg.

(b) Psychology personnel screen the child for

evidence of mental retardation.

the child is then screened by the mental retardation

unit for admission to that unit.

(d) If the child is not mentally retarded, he is

then screened by psychiatric unit admitting phy-

sician.

(e) If the physician finds the child to be appro-

priate for admission, the parent or guardian then

signs voluntary admission papers and the child is ad-

mitted into the facility.

22.

Admission of a child to a private residential psychiatric

treatment facility is made upon application of a parent

and upon the determination of the admitting physician

that the child is suitable for residential treatment and not

[6] 74

following a formal or informal judicial or administrative

hearing.

(7) 23.

There is no state-wide statute, regulation or policy

establishing the frequency of periodic reviews for children

committed to state mental hospitals pursuant to Ga.

Code § 88-503.1. The superintendent determines policies

regarding periodic review of cases by staff personnel within

each regional mental health hospital.

24.

There is no judge, hearing officer or evaluator not

employed by the Department of Human Resources who

conducts periodic reviews in any state mental health

facility with respect to juveniles admitted in accordance

with Ga. Code § 88-503.1.

25.

The numbered exhibits referred to above and attached

hereto are incorporated herein by this reference and made

a part of this stipulation.

Agreed and stipulated to this

1975.

day of November,

Davip GOREN

Nancy LINDBLOOM

STEVE GRANBERG

GERALD R. TARvTIS

653 Second Street

Macon, Georgia 31201

(912) 744-6261

15 Peachtree Street

Suite 909

Atlanta, Georgia 30303

(404) 656-6021

1001 South Hull

Montgomery, Alabama

[8]

75 (8)

Joun L. CROMARTIE, JR.

JOSEPH J. LEVIN

PAMELA 8S. Horowitz

Southern Poverty Law Center

Attorneys for Plaintiffs

ARTHUR K. BoLTon

Attorney General

Rosert §S. Stusss, II

Chief Deputy Attorney General

Don A. LANGHAM

Deputy Attorney General

Timotuy J. SWEENEY

Senior Assistant Attorney

General

Dorotuy Y. KIRKLEY

Assistant Attorney General

Attorneys for Defendants

EXHIBIT # 1

Inter-Office Correspondence from

J. T. Harris

Admission Summary

Application for Voluntary Admission

Notice to Voluntary Patient

Representation Form

Personal History and Treatment

Admission Note

Admission Record

Diagnosis

MIL@ZOGEVILLE STATE HOSPITAL

Georgia Department of Public Healt:

INTER-OFFICE CORRESPONDENCE

ALL ADMISSION EMPLOYEES DATE 5-15-/\

J. T. Harris

Joey Lister

Joey Lister is to be admitted to this hospital on May 18, 1970

from Baldwin County. He is to be sent directly to the Children's

Unit 1 South.

JTH:1dl

Exhibit #l=A

AG. GION SUM.LARY

"Name of mee }

i ae 66." en A° “Avi VWOSP LT aL i

ie (GF) fi) (swale) (Mevoen) Meta

LISTEX, Joey Mick ) i7?,897

lowe of Ration Vype Aemision TY) p+ Commitment ni Ware "Tihedelty

| 2-18-70 | First sa-VYoluntary | O8-Children's Unit 1S ' In- peut

ro 1Cowmy) a

ae’ on lle Bal.win Co., Ga. | ts owe 452-3

. --* Sdeaes y (Cty, County. stain) ve erry

10-1-196: Tift Co., Ga. Yes

~"Tasistionhig "Asuress

| Mother _ Premier Mobile Park, Milledzeville | 452-2

oO acre

} ‘

Premier Mobile Park Milledgeville, Ga.

Yrerier Mobile Park Milledgeville, Ga.

OT CR aren “ka seaieoa Ne. of Veara) Om or

| First Grade | NA NA NA i Ne

“Yeiinelnns

! Unk

| Tift Co,

pie lames Bauch, Milledgeville, Ca.

Ketstec Trestment (Meme ane Aodren) om

—iane.

306 Agar Pea

Dr. James Baugh, Milledgeville, Ga. , 575

No. Oays | Me werent

Emotionally disturbed. i One | une | Mons

be se

' - mae

ale had 1? } ~~ -

Banh 1.1. A Exhibit #1 -8 Maman. 35

GARB a 06+ ARTMENT OF PUBLIC HEALTH

APPLICATION, F178 vou TARY ADMISSION TO

7 CRY, < (i __ HOSPITAL

(By Authorny of Section 88-503.1, George Heath Code, Ge Loews, 1969, op. 5060645)

he Ee I Se a |

7 Type oF Print Full Nee)

' HOME PARK-EATONTON ROAD

raidingt PREMIER MOBILE HOME Par oO eta Sialic

CEE Cl

(Cory) (State)

BALDWIN frequen. adm to CENTRAL STATE thonputat on @ voluntary beans and

(County) =<

hereby ogres to abide by the rules of the Hospital (see beck of page) and to leave the Hospital willingly when informed b, ine medical staff

thet | no longer need to stay.

WS ceTexw a _... Seqnarure

by ty Shccessaen

Address Co ee

NOTE: Perent of guardion must sgn below if applicant 1s under 1H yeus of aye. or under 14 years of age if admission to an Evaluating

Facitiny = dewwed, of by Guardwn i! applicant has been sd) <tiyed legally mcompetent

As parent or guardian of the ebove nemed indwiduel | agree to a! of (ne pr of this appr

we uMeg 0 H.. Let ~Siqnerure of Parent/Guardian

may 18, ‘oro ——_

Tate —Tadtaay Latte

pitdrems this simatic te shlabypmdiong*,

O Femity History record Inchuded G Te Fotiow by Met

EXHIBIT 1-C

Mt 1008 | Section 88-607.) | Georgie Capertment of Publix rreeitn

NOTICE TO VOLUNTARY PATIENT OF RIGHTS TO DISCHRAGE

(By Authority of Section 88-503.4. George Meal’ Code, +» Laws 1969, pp. 508-545)

Shinieteiinis woos Ctltad SEet rT

on 5 £4 -92 pero. Che

Presse be advised that you, your lege! guarciin purent, spouse, attorney, oF adult Nextof kin may request your discharge in writing at

ony time atter (ve deys following your ad 20 TONES Rospital, excluding Saturdays, Sundays, and legal holidays, sumect to the following

provmons

1) It you have been sdmitted on your Own «.pication ef 8 request for your dacherge 1s made Dy @ person other tan yourseit, your

Gacherge may be conditioned upon your eweerment thereto

2) If you have been admitted prior to your idth Dithday on the application of your parent or guardian, your discharge prior to

becoming 18 years of age may be comiitionet upon the consent thereto of such parent of guardian

BD it you Neve been adm @ an »Sjudged we on the application of your guardian, your discharge prior to @ legal

restoration of competency Mey be woditic ned ujson the consent thereto of your guardian *

Within 5 days, excluding Seturdsys, Sundeys, and legal hospital, after receipt of your writen request for discharge by the

Superintendent, you will be drcharyed. unless your attending phywcian finds that your discharge would be unsefe for you or others, in

which caw proceedings for your involuntary hospitalization will be inrusted within the Sday period as provided for by lew

Notwithstanding the above, you may alt be discharged if, in the judgment of your attending physician or the Superintendent, such

Gacharge woul! contribute to the most effective use of ines Nospiuwl in the care and treatment of mentally it persons. or if in thew

judgment. you no longer require hospstai care. /

“A prry B C teu ey $

Y \)

t hereby acknowledge receipt of thrs notice

ew / ke |)

Patient

EXHIBIT #1-D-1

MH 1011 [Section 68 503.4! George Depertment of Pumuc meeith

RULES AND REGULATIONS FOR VOLUNTARY ADMISSION TO . ——. MOSPITAL

1. For voluntary ede . orange must be made with the Superintendent or his representative in edvence of comwng to the

Hospitel for confirmation of eveilabiity of beds Thr may be done by telephone oF in writing.

2. When edmitted on « voluntary basis, 8 patient syrees to submit to af! of the rules and regulations of the Hospitel.

3. For & voluntary sdmiawon, # petient musi neve sufficient mental clarity to be responsible for end willingly sign the Application for

Votuntary Admrmion

4. For a voluntary sdrmasion, » petient must recognize the nature of his condition and the purpose for which he is adm. .ad.

5. A patient will not be accepted on » voluntary bass when criminal charges or indictment are pending against sac petient

6. When edmitted on « voluntary bews, @ petient egrees for the doctors at the Hospital to administer eny type of standerd treatrrent

Geermnen sdvimb ie

7. A volumary patient may request @ discharge from the Hospital by addressing the Superintendent in writing in a with S

88-603 3, Georgie Hesith Code, Ga. Laws, 1969, pp 505-545

NOTE Any item im question which is not covered in the above rules and regulations mey be directed to the Division of Mental Health.

Georgie Department of Pubic Health, the hospite!, your loos! hesith department or your loce! physicien.

EXHIBIT #1-D-2

HOSPITAL

SeG/

ZIP CODE -

1. Patient's Legel Cuardian 5. Attorney

2. Spouse 6. Adult Next-of-kin

3. An Adulte Child 7. Adult Priend

4. Parent

EXHIBIT #1-E

PERSONAL H'S| GRY AND TREATMENT PERMIT

CENTRAL STATE HOSPITAL

MILLEDGEVILLE, GEORGIA

seene Anewer All Questions

Mr.

Miss

Petient’s Neme. Mrs. LISTER _ _ JOEY Or ee Sn cee

Last First Middle and Maiden

dospital Case No. _ ._. Uste of Admission 5-18-70 _ County: ERE

(Supplied by hospitai aficr admission )

Age & YEARS Rece CAUC. Date of Birth OCTOBER 1, 1963 Social! Security No. mM 4E

Place of Birth: F TY-GEOAGIA — How long a resident of Georgia LIFE

Legally (court appointed) Guardun CARRIE RUTLAND SHEAMER - EATONTON ROAD-MILLEOGEVILLE, GA.

Name Address

Guardian of }~=- Person Se ———E———- = =

Address of pt. prior to admission PREMIER MOBILE PARK MILLEDGEVILLE 31061

Street Citv Zip Code

Give Name and Relationship of Other Adults in liousehv la

KENNETH LEE SHERMER a ee STEP-FATHER »

Name Relationship

Are there any drugs to which patient is allergic? (Name them) NONE t NOWN

If patient is presently taking any types of medication, please list RITILEN

Patient is: Single (% Married [ ) Widowed } Divor:+d > > Separated [ ) How long

If the patient has been married Lefore, give the follownng information fo each marnage

Spouse's Name “Address “Year married Year separated ordivorced Reason

If the petient has children, @ve the indicated imiowmation for each

Name Z

With whom will patient jive when he leaves hospia! ? woe AN. STEP-FATHER®®®

PREMIER MOBILE HOME PARK-EATONTON ROAD, | ILLEDGEVILLE, GA.

Name and eddress

What is the petiont’s principal occupation? N/A

Did the patient work regularly in the last year? \ erage Monthly Income

EXHIBIT #1-F-.

ther persons or the patient himself, are working and have contributed to the petient's support, give follow ..g information

_KEMME TH LEESHERMER STEP-FATHEX ANNOUNCE R(RAD1 9) » * Tae

CARRIE R, SHERMER MOTHER COUNTY HOSPITAL ; eR Sa race

e Relationship Principal Occupation Avg Monthly income

es the petient receive income from any of these sources (Underline)

octal Security, Welfare, | Veterans’ Administration, Railroad Retirement? Amount NONE

if patient is 65 yeers of age or older, is he/she signed up for Medicare? _ sient taciealsiinincaitiliaiasadinaheaaaitlies

Part A (Hospital) a Part B (Medical) sattalipces <cinip- se eiveishnihienadiaiaaitions

Hospitel Insurance Co. (Medicare) — ne samme ioopiieementiainpaa “-

If any person close to the patient receives income from these sources and shares this income with the patient, indicate following

Neme Relationship | Y Source Amount

Give highest schoo! grade completed or degree received NONE _ ee snniticitgelapaaipialin

Give the following information on school attendance as indicated

Age Entered _'ST was Attendance Regular? YES Grades Good or Bad? POOR TO FAIR

If the patient served in the Armed Services, give the following information:

Service Year entered Year left Type ‘Discharge Service No. Service Occupation “Claim No.

Is the oatient active in church? _ Denomination? SAPTIST

If the patient was ever arrested, give the indicated information

Dete Plece Reason ~ Disposition

Give the following information regarding the patient's parents

K.L. SHERMER 27 RADIO ANNOUNCER HiGH SCHOOL

Father (STEP FATHER) Age Occupation Education

CARRIE A. SHERMER 32 X-RAY TECHNICIAN HIGH SCHOOL, COLLEGE&x-A

Mother Age Occupation Education

JOE M. LISTER 35 OENTIST UNKNOWN

Step-Parent Age

Occupetion Education

If parent(s) is deceased, give the age at death and cause

If the patient's parents ever obtained » divorce, give age of patient at the time 3 YEARS

Give the following information regarding siblings, (includes those who may have died or who may be half-siblings).

Neme Age Address Occupation (if deceased, give cause)

EXHIBIT #1-F-2

patient has beer mentally il! before give (he following information

wox. Dates of lilness

Drugs? ____ ——— = «+ ee =~

as thepatient ever used alcohol excessively? =. —..... ____

If eny relative of the patient has been mentally 1!!, addicted to «cohol or drugs or been in a mental hospital. give the following

information

ec Se

Name

Relationship _ Nature of Iliness ‘Hospital, if hospitalized T

—-— | a e- - —- — a

Briefly, what about the patient's behavior makes you fee! he needs hospitalization? EXTREME LY AGERE SSIve. HAS

NO REGARD FOR AUTHORITY. _

PRESENT FROM EARLY AGE

Ord this behavior appear suddenly or gradually?

Check any of the following which describes the patient's behavior Feit someone or something had special contro! over him, —_

Hed feers of being harmed, — . . Heard imaginary voices, _______ Smelled peculiar odors, _..__. Sinw imaginary *

persons or things, /—_. Thought they were someone else, .____ Experienced loss of memory, scsaeieaiiendinan

Seemed to lose interest in people and things , _.X. _ Neglected appearance; Spoke angrily to others, Xo.

Was physically violent to self or others, _.% Depressed, __%

If the patient has been suicidal, homocidal, violent, or destructive, describe 20 a

Describe any serious illnesses, injuries or operations as indicated

Illness. injury or operation i Dee Physician or Hospital where treated and address

If any close relative of the patient or the patient himself has had any of the following illnesses, give the information requested

below: Heart Disease, Asthma, Ulcers, Diabetes, Tuberculosis, Fpilepsy or Fits, Syphilis, Cancer, Huntington's Chores.

Wilson's Disease, Pick’s Disease

Name Relationship __ ~ Describe Iiness

Has the patient ever had convulsions, fits, blackouts, « ¢, slepsy? susntiiesneeumaan

Were these light or severe? ~ = «How often did they occur? __ ae on

Name, Address & Relstionship of Informant’. = a ee

PERSON TO BE NOTIFIED IN CASE OF EMERGENCY _OR- AND MAS. WILBUR BAUGH A nae ae oes

Name

SORDON ROAD-MILLEDGEV!LLE 31061 452-2453 So ale

Ad ‘ress z Telephone No.

EXHIBIT? 1-F-3

AUTHORIZATION AND TREATMENT PERMIT

pete 5-/f 70

1, the neerest relative or guardien, hereby euthorize the Superintendent or any Central State Hospital staff member whom he

might designate to

1. Employ any recognized psychiatric treatment, including electro-convulsive therapy, and to perform any and «|| operations,

procedures or treatment that may be necessary or advisable for the benefit and improvement of the patient

2. Release to other hospitals, physicians, sociwl agencies or other professionally qualified agencies of persons any infor:

mation which they may desire that is recorded in the medical and psychiatric record of the patient when such would con-

tribute to the treatment of the patient

3. Arrange for public transportation home for the patient in the event that no responsible relative can come for him when he 1s

ready for release from the hospital.

4. Permit patient to wear and use such personal items as clothing, jewelry, false teeth, spectacies and |, the nearest relative

vt guardien, agree to essume full responsibility for the loss and destruction of such articles.

; = | a

ane

Sigheture of Petient ture of Nearest relative or guardian

Ks Sherr

COM. 645 Dee i968

EXHIBIT #1-F-4

= ee

CENTRAL STATE HOSPITAL

ADMISSION NOTE -

1 ki« Qirur oe’. yw caylee Cou. istateghl. tr. &h Luchy

, :,

ty hu AAs ata.) “C+ Paet Le OU Liti GQSGM da. cs ie

t t

. - 4 =

Aruy He the Hoflal, thes hth Qercas Avs lei

grout ccHidf’ o. ae by : di y ow L4LLE Lye Case ? Cite wart

Arup hi hav tapkid Aipiicccd.

IMPRESSION. Ske —— uv af)) Ga thes ~ itd

fn hay faThEr Mh Creceww le ae A

Aetn, Ko leeed tere 0 a’ Loeces G Mike

Coabira..iv, thes

ite a tif VT

“eid Chi DU TaAAL

ij ; , , .

a” , 4 , ¢ , it 8 :

eLia ber Ke Dh ential MAYA Ly ve cles (tna °

{ i oe $ |

D cate cod AU Clty Cad Aik, oreg! As Ti Lirw, ld As hee

a a ‘ “f/f

comme Aad Fr. (.¢ thy Che ‘ nf

: (uaksug Circtise 86 th

Hien a oy Aacs . Ce hid fn 4 may P fae

& Pg he Coctds he of Lee Ince sities * Aeccad

Loh taser hh Aa g@rseu Wwkiis ki “ae

Aut, discs ¢ Le AH Pa

= Clty.

Viekey Aad Lies pei ty:

Lelaliy Ail Ue sh tie Xiph ,

ADMISSION DATE: 0 | ADM SSION TYPE

eat ee Date. | + ng if “g 4 10-14-1963

Oda pulir.rut | SU] 70! 9° 3-26 335

DATE OF BIRTH” MARITAL STATUS bi

a . os te LRG t COST

CSH-414 ADMISSION NOTES EXHIBIT /#1-G-1

li ita Jig? » ae

RASA\AO )

He eigyade Jaf

c" ACT! + SOEy

7, j “r ’ r .

X tA, SA coer wt ite wy HO ab Che se , (ds

€ ‘

WANK OO. y

(dur Uecesee Cf "Ade ate fi

a, ° /

oh CLAM Lage” 2 Ais JIC Cadas™ * etrhsA, ,

Levee p _ly Cté Ce LCL Wa far c7é a Ve Facet ra p J ee rc,

Glas»

EXHIBIT #1-G-2

ADMISS.ON RECORD

Oate 4. Lf - 70

a P . Z 6

DESCRIPTION: ace 4. weronr LOB weiGnt EPP vue ae PUL SE Lh ee Ke nese ded

wi inc A, COMBATIVE —.. _. WITHOUT UNDERSTAMOING OF WHAT 15

ATTITUDE TOWARD VWIMISSION Fear

HAPPENING

PHYSICAL: ampuLarorr -_—. WHECL Chait, STRETCHER CRUTCHES 4

cait STAGGERING — OOOR OF ALCOHOL , ODOR OF PARALOEWYOE WW. BLIND

PUPILS UNUSUALLY ENLARGED ...., OR UNUSUALLY SMALL « COLOR OF EYES a ¢

CLOTIUNG: WEL’ s@manceD Ae; DiSARmaNGEO WW. CL ean 4" someon

SKIA: Unusud4erY PALE WW. FLUSHED ~~~. usguatLy MOIST » UNUSUALLY ORY

CL tan £— . somen =) WAS PATIENT GivEN a BATH? Se rye Tees Abtencen

SCRATCHES ~; BRUISES Chem), scapes » PEDICUL! PUBIS . Cuts

BUeNS , §=ERUPTIONS — ... DECUBITUS

nA: we. -Groomeo 4, visammanceo —_, marreo » COLOR OF wasnloatde CLEAN foe

SOLED ..—, EVIDENCE OF PECICU! Ws HEAD TREATED FOR PEDICULI ;

ORUNTATION Can Give wane as xnows wrene Mee 1s Se S. xnows approx oare —_Ma—

PERSONAL POSSESSIONS: JtwtcRry ou. wowey —* val uaBle Papers , DESCRIBE THESE THREE i TEmS ON

BACK OF SWEET: GLASSES... ss type DENTURES ;

FULL OR PaRTIAN . + BRIDGE —......., DOES PATIENT HAVE PERMISSION TO USE PERSONAL BELONGINGS Ye

MENTAL STATE DOES NOT ANSWER QUESTIONS ~ . DOES NOT SEEM TO UNDERSTAND QUESTIONS

TALKS VERY LITTLE . OVERTALFATIVE » 1S TALK MEANINGFUL

EMOTIONS: UNWARRANIFO FEAR UU EXPRESSIONS OF HATE , TOWARD wHOm ~» WEAS OF

PERSECUTION . BY WHOM ;

IDEAS: STRANGE EXPRESSED THOUGHTS (explo)

COMPLAINTS | (ony expressions of phy sice! or mantel neture)

am L

SPECIMEN COLLECTED URINE a FECES fit.

LUGGAGE. L Se.

(Add any pertinent intermetion on ot whee)

TRANSFERRED

Pat PECEIYED BY: _ CHECKED BY: _ Khu tnalioor—

LISTER, JOEY MACK

172,897 WM 54 10- 1- 1963

5-18-70 005

MGMATURE . OATE:

= IL REN'S “LDG 1 SOUTH

EXHIBIT +i-§

CENTRAL STATE SPI TAL

PEAGNGSTS

THIS PATIENT WAS PRESS NITE TO sik 4 \hi SAAT R AND WAS GIVEN A DIAGNOSIS oF

DIAGNOST 4S;

Hyperkinetirc leaction of “ht Idhoand, ¢ 3086.0

PREDTSPOSITION: Poor inome environment

STPRSS: ttn noen

IMPATP YR IT: Moderate

PVOGNOST S:

TVAATMENT:

TVPE CO AOn isin

‘ CAT, me

a VONINTAUY 2. $6

Feir te ouarded

Hospitalization, Chematherany , Miliew Therapy

school, and Individual Psychotherapy PY,

ITSTe&2, Jory ar

172,807 ‘wr 64 Vevey B'My?

5 | 5-18.70 Ons

Trae 4. GUTLAREN'S @LaAG. 2 vir:

212 6-39.77

IMAC NOSES

EXHIBIT #l-1

~~ ae

—— rer ee ee

Cc.

EXHIBIT #2

Admission Summary

Summary Progress Note - 6/75

Final Summary

EXHIBIT

Admission Summary

#2-A

a. neh

aa... __ 7

[Ne Oo ae

- - _— _- _ ot site SATE a0S6P Tai: a SQ0-174 - 297

hs ev. wae : omen ee Py er nw hla : ee : 2$4-95-0360 (so

on OM MB NN mie - Qadideen's Unit OQ) S. ig-Parient;

ec Mobile fark 5... Malet ev Ue is Be ide ae GEorgi- unk. — 482-304

¢*

a te: AM-1 2 County, Sores ‘diate :

wr ationetenn + P eitomom %

yy FS fs F# og |

en Siethess | Seeniax dchiientierh, Mi Lledgeville

". Lege! Custody or Guar diensnin A@ tee lle . ctw a Ta

piity Wee hi leg ‘ 7“ “we enruty _— | aeiene 7 (home ang Work) : : ~ prs

pa Mpbue Baugh ——- ard Pao ale, de Mado, ne at

a Carriv &. Shermer Pre Te Keb Pee -? Milledgeville, Ge.

RE 20e. ot Chet —m yo Feb 0 = “_ i vie jhe Kelvred) How ome 3 <

+ Bisse Cred A B/S M/A ™

ve of Employer went) ot raployer jo (Spouse)

— ee -—— = ge ————————eEeEeEeEeEeEeEeEeEeEeEeE —

worked Aaruat tras Receves Sica! Securnty Benet Tevearn sorance Number

| Patient om 9

° " ‘

soc -- —— es ey

OG Seilal Nomeer é RAT, * POR ci. wenetits Wecew \ Cold Benetas

us (actueng va) i

Bene’

' ;

_—_ —E “ eS en a ——————

. Meurer 7 Pulley Ne. GrapNo tasurence Con pany (Name are + aoress)

ROA ooo OE Se BS

— ana Aaa: ess Of Churh

ist: |§ Unknown: one

Fy ners autre he ~TCiweng “TAye "TSS. Numver Tvetwran Rengqoe Gl

. Pretere ce

me al te __ ilnown : yes:

iw eter. : ones ee : _ Tieng Tage ~ "SS. Numer » Vereen = ~~ ergiows

+s ' H | Peeterence

L , Tits %, Yes: | , } ee

4 . 90 | >. sadeoes oe we "

aiec (teatve , ane ’ . f-

"Weel Sau .« (Ver So derese) - - - —_ ‘ one ' (Tae Kes

Mk Miliecgcyvi ic, (Step-Pather) ............. :

beoaieks, astm, nex ($02). c ee

- ! Oate ee Mode)

BOOTIUNALL. ul uTUaceD:

tat Ohaw — - mises

_———- . . -_— —-_-_-~—---

HYPis KINBY.C KEACS1Un OF CHTLDNDOD: 368.00 PACE eo He

-_ . | eccnees

~ o en — ——— peerres = ee nT. — 2

EXHIBIT #2-A-1

‘EXHIBIT #2-B

Summary Progress Note - 6/75

A i hn se —e

SUMMATY ?ROGRESS NOTB 9* awe IGT:

Ri: Joey Mack Lister

CAS. NO.: _72,897

Chi..trea': Buildirg

Adeission from Ba.dwin County, 9-12-72

Birthdate: 10-1-.3

Custody pending to in Juiy, i975

Mrs. Anr Etheridge

Baldwin County DFCS

Milledgeville, Ceorgia

Joey was readmitted to this facility September 16, 197g, after a

two week furlough. He had been here for two years being admitted for

the first time May 18, 1970, and was placed on furlough September 5,

2972. He was to live at home wut attend the Schooi of Special Education

here. This arrangement did not work out due *o the stress of the family

situation and the inability of the school to effectively discipline

Joey. Before his furlough .* he became disruptive in school, he dould

be returned to the ward. AS an out patient, this coulc .ot be done. At

the. oinc .: ou.d not have functioned ..: s public scnoo.

-e . “ar "tee @68 ti .ttan. Cor <5: 2Eg07 “ae Pe “.¢ Pee

ok o rn mie a -% eit p tg oe . weerles e vee +7

8 hours old.

Following the adoption the Lister marriage failed. There were some

atoray, unhappy tines for the whole family. Mrs. Lister was granted

‘Qestody of Joey and there was never a meaningful relativnship established

@ith the father before or after the divorce.

zs. Lister married Mr. Ken Shermer in June, 1969, and she . tes

Riot sped .o * Jov 2 we.le. Whea Juey crstercd Northe: cn.

+4 jee -> Cla..-,cm DeRawacr «15 . ~suruptive . at

i merc... 1975.

Mr: . Shermer states us % >20) he was hyperactive anc “.strut< ve,

geiting worse wach goto... . 20m1d ge. inte more things. A». as

wmible to finish anything or «.¢ 4:11] and watch T.V. The reasons sor

Jouy's admission were hype ssc. vity, uncontrollable, discuptive beiavior

and unable to adjust to scnovl. He was also destructive.

Shortly after .dmissc on, the family tried to cooperat« with family

therapy. Mr. Shermer even though apparentiy movitated at first became

Giscouraged with Joey's cyclic behavior and no consistent improvenent.

Mzs. Shermer was threatened sy tae process of really changing the situation.

She felt a lot of guilt about Joey's condition.

She really cared for Joey and it was a painful, traumatic decision

to give him up. It is to her credit that she dealt with the feelings

ot helplessness and hopelessness Joey created for her in the hope he

could be put in a successful foster home. Her own marriage was ticeatened

b&b Joey's ¢..-uptav. . havior i). che hom. od thie wip tha onivy - vise

m ocwe Natural cr “3's we’-- . Bora she and Dr, Lister cu. .suishded

Sirce Joey's 5 years here hu has improved some only to xcxevert .W

his usual disruptive, demanding behavior. He has been tried on Ritalin,

Amphetamine Sulfate 5 mg., amd various tranquilizers with no consistent

improvement. At present he is on Navane 5 ag. bid Pp-o. He is an insecure

Chile wio iczle he oust have your attention by his endless request. The

Olde. he 9. ts and the uore hopeless he feels, he has begun tc be physic ..y

a <3e.6 eth to te 1aff to th ..svc% children.

a> orm 726%" DRI: ~t~s in aisec -*

EXHIBIT #2-B-2

and +l

= ance

ee ee

EXnIBIT #2-B-3

eyevctory .yepte: 5. Nestriction from milk aas helped so>c. e nee nod

frequent .ireatmer with "e~ - for his allergies. te is .\se prone

is under stress his allexgies ané skin problem is more eviden.. He was

seen in Hemotology Clinic from June, 1973, to January, 1974, “>r generalized

ecchywasis and petechrael rash on his body. It war felt this could have

been drug induced froma Kefiex, an antibotic that he had to take for an

infectec sutured arm. He Coes bruise very easily, from the slightest

trauma he will turn bluish green. The hematology work up showed Idiopothic

Thrombocytopenic Micraytic, Mildly hypochronic anemia. From time to tine

Joey has to receive a course of treatment witr feaseal due to a low grade

anemia. He was treated cuccessfully with Pr@dniasolone and dismissed

from hematology clinic January 3°, 1975. Chest x-rays and BEG's have

2@un withir cor. Vimite. Theo examination of his eyes and hearing

&. @B66 :.-

Joey nat snojusced fairly i.e., co tre Fact he ~... t<« ,° in “ost

eee"

poate tO ws. “@ has SEEN OF & LeW VisLisce Wheie these Visits Teve

no major problems, none of the homes have invited him back. A continuing

home for visitsor foster care would be the most therapeutic thing that

could happen fo. Joey.

His «ard &> aavior still ewings from a nice well behaved chilé to ome

wio is de.indau) und nothing could satisfy. He has a low frustrat.ca

i 6 Ci Ftiry «sth S.. see. . ~pics-. oS

wt... JChéiw, tae . SF@ app cpxicte .isccvier. ~ S@Law se «2s &-

PS Se ee

in July. Sopefully they wi.i be able to provide resource.» .-. -. »

fox foster care, which as «tuted earlier would be the most benci--sial

step in Joey's interest.

He is going to the Learning Center 1/2 day, four days a week and

Going well. His school probleas are more behavioral than academic.

Joey would need a specialized foster home or certainly parents who

coulé ride out the storm while he is adjusting. Since he finds it

hard to believe he won't be rejected, a warm, supported, truly involved

couple will be a neccessity.

Joey has run away on several occassions recently. He states he is

so unhappy anc would rather be ary place than here. This running awa‘

behavior started after the complete deterioration of the home and I fee]

this is a bid for attention to his unhappy circumstances.

Bve- though Joey zs functioned under a behavior modification system

years, doesn t fu_ly understand ans ucept th co. «quence .- 15

often for the difficulty he has and quite often he is in trotble mo-e

often than the other children on the ward.

Joey received an IQ of 90 on Form L-M of the Stanford-Binet on

5-25-70 aud a score of 38 on the same test April 19, 1972. His achievenent

Scores showed hia to be vunctioning about two years behind his chronological

9 ade i... but he nas shown improvement since admission. He appear. <

¢ We 26% ‘2% Pubivcive chic fr. is unuble

ostic. 2 Wh. SoS LOSE PAL <6 WitaoUS — lot o. <2e0)

ee amor a lede ¢€ Amen tiet

as possible.

Joey is an attractive child who, once reassused ox your interest,

can be a nice child to be aroun¢.

B Tie Joye Maa A

Bettie Joyce Harris, R.N.

Team Leader, 1 Soutt

Director, C & A Unit

EXHIBIT #2-p-5

Final Summary

EXHIBIT #2-C

100

ee er ee eee. 8 oe =

ae te

CENTRAL STATE HOSPITAL

FINAL SUMMARY

aTaeiSSiOm DATE . go1d~70 --- DATi OF REL EASE 9b oT? : = eee

typerainy..c reaction of ¢ adanood. 8.0 _ ae 2

Or AGNO S'S AND CODE NO

_yherepy. lacorewry vestu ane chest. x-rays reportea normai. Patient ora nace...

__Jympoageni ties ouw tO small anivclios of Lu sn ano also urticaria receiveu

acequave treataeny at Uutpataent Clinic. EMG normale 000 aid

oe ee +e

-_—<. ee ee - <= —-

——— end _-- ——— = ee —— ———— - —

-—- — nnn - — ————

— _— —e ee —-- _— ~--— ee

— ——-~ — <r

not show Ampcovument Gurang toe first munvhs in voe building OUy sates i ic WAG Mure

_ quiet ano Les. rostuess anc startec joing nome dn &@ "behavior moditicaciun” oasis, In

_workea raarly weil tor a rew weexs, Jates om the polcy waa oiscontanues ano Jay

was gOn? hove, Mevamws Ne WLS TOay ano sometimes they would orion, hin cace besore—

ne v.: sunposed tO. Yurir® “.) this time, Lamiay therapy nas deen, riorneu ana sanally

9 Tur.

RECOMMENDATION OR O1SPOSITION Keep Jucy in special education, gov 1m wouc. waTn (Ourapist

A es nn a — in

Oai Zapate:

DICTATED eY - Lee Tend ase {> wos Wl

” Lisrat, Just tun

TWH OCF aOmission i Bw - 172,897 su Wel-ds

. Vosuntary i 5-L3-7Fu vb

- ee as a Panes =] '

PALA ° ww? ? ; selene pe) A oe A

- oof Poesy ae Oe

seclahe — EXHIBIT #4-C-1

101

EXHIBIT # 3

Notice to Voluntary Patient of Rights

102

to Discharge

y CENTRAL STATE HOSPITAL

NOTICE TO VIL L's KRY PATIENT OF RIGHTS TO DISCHARGE

(By euthor: » of Section SK Vs 4, George Health Code, Ga. Laws 1969 pp. 905-45

TO (Vi cuntary Petrvent)

Joey Mack Lister

Date _ November 4, 1970

__CSH # 172,897

Please Le advised that you, your legal guardian, parent, spouse, attorney or wdult next-of «in may reques! your discharge in

writing at ony time after tive (5) days following your admission to this Hospital, exciuding Saturdays, Sundays and legal holi-

days, subj to the following provisions

1 If vou have been admitted on your own application and o request is made by @ person othér than your «i! your discharge

may be conditioned upon your agreement thereto

2 MU you have been admitted prior to your 18th birthday on the application of your parent(s) or guards vour discharge prior

tu becoming 18 years of ave may be conditioned upon the consent thereto of such perent(s) or guardian

4. I yow have been admitted as en adjudged incompetent on the application of your guardian, your divchurge prior to @ legel

resturation of competency may be conditioned upon the consent of your guardien '‘

Within five (5) days, excluding Saturdays, Sundays, and legal holidays, after receipt of your written request for discharge by

the Superintendent. you will be discharged, unless your attending physician finds that your discharge would \« unsafe for you

cc others ww which cose proceedings for your involuntary hospitalization will be initiated within the five-day (« riod as provided

fw bv low

Notwith tanding the above you may also be discharged if, in the yudyement of your attendirs nhs.

en Oe Beton?

mum’ e ise . 7¢

. PRs) 2

(Superintendent)

- ,

Phere ley oe knowledge ree get of thes notice

D9 0e cece

(Patient)

EXHIBIT #3

‘BEST GOPY AVAILABLE

EXHIBIT #4

Relinquishment of Parental Rights

104

STATE OF GHOIclA

COUNTY OF BALOWIN

ROLINOUISIVINT O° PARENTAL RICHINS

Wi the undersigned, Guu REMMOCA RUTLAND LiSicR SITIOTR and

JOE M, LISTER, both of Laldwin Oounty, Georgia, do hk roby freely and

volintarily consent to “ic placement of our adopted son, tovic, JOFY

LISTER, by and through the CONTMAL STAIT HOSPITAL, a Stute mental

institution located in .uid Baldvin County, Gcorgia; ami.

WE horeby surrender all of our joint and individual parental

righte, inclutirs ite right to lis custody wo wuurol, avi any and ali

othr rights we have or may have, either jointly or individually,

under the laws of the State of Georsia, in said child, unuw said Central

State Hospital and the ,lacement agency or persons mereby designated

by said state mental institution.

We expressly waive any and all other and further notice of

placement, if any, of said child, service of notice of placement, including

any conferences, mectings, or hearings on said matter and the time and

place thereof are also hereby waived.

WE fully understand that we are wwquivocably relinquishing any

and all of our parenta: rights for the expressed purposes hereinbefore

stated, ‘This document is freely and voluntarily executed ry each of us

and we fully understand its purport.

105

This the 95 Cay of Cael , 1974, EXHIBIT #5

Chicos i, faut, ak oaks ae

CU Ra POM ate ee A Psychological Evaluation

Signed and sealed

an the presence of:

“Dyed LL pe

me eo : nai ie oie one

Notary’ WOLiC, coluwn Cores, Geornia

- i) es

This te 2% aay of f fu. » 974,

Signed and sealed ;

in the presence of: ‘

Ta, FM Lies. z

Mes Pd: 0 seca a. LV fre 2h/ad

This is to certify that this is a true

and correct copy of the Orioinal docurent,

T RMS Chak! _w.,

Oi) County, "a, 8

pate ommission exnires 3/3/78

GiLmonc. WADDELL

*TTORNCrS ar a. 107

478 Cours wiermsoe Sreeer 106

P PSYCinWAUGICAL EVALUATION

NAME: Joey Lister WARD: Children's 1 South

CASE NO.: 172897 REFERRED BY: Or. Gutierrez

AGE: 12 ADMISSION DATE: 5/18/70; 9/18/72

SIRTHDATE: 10/1/63 EXAMINATION DATE: 7/8/75

COUNTY: Baldwin DATE OF REPORT: 7/9/75

LACKGROUND: Joey Lister has been a patient in the Children's Building for a period

of approximately five years. He has been a severe behavior problem during most of his

Stay. Joey's benavior appears to be somewhat cylical with periods of relatively

appropriate Sehavior intersperses with severe acting out which manifests itself in

aggression and hostility tewars others. On September 8, 1972, Joey was “urloughed to

his foster mother. Shortly after his furlough, Joey became a discipline problem in

school, and he was apparently unable to adjust to the home situation. Joey was re-

admitted on September 18, 1972. Joey has an extensive history, and further medical,

psychologicai, and social reports are available in the ward chart.

INTERVIEW DATA: Joey expressed considerable anxiety about his relationship with

his parents. he stated, “I know their names, but ! don't want to know them. I don't

talk about them anymore.” When asked about his father, Joey said, "I never seen my

real fatner." ke then hid his head and began to cry. Joey feels that his natural

parents “gave nim away." Judging by his attitude and behavior, Joey has considerable

repressed anger and emotional poe concerning his relationship to his parents. Joey

also refused to discuss his re ationship with his foster parents although he did

indicate that he felt rejected by them.

_, Joey's main concern during the interview was his hope of leaving the Children's

Building for foster home placement. Joey stated that he believed he could behave if

ne were placed outside the hospital. He is fearful that this placement may not occur

and avoids thinking about it.

BEHAVIORAL OBSERVATIONS: Joey came to the testing and interview sessions neatly

cressed an splayed gooc persona’ hygiene. He was very active during the testing

session, grabbing test materials, and walking around the room inspecting various

objects «und books on the shelves. Joey eventually settled down after some coaxing, and

v@ WaS Goneraliy cooverative with the examiner. He was negativistic at times during

“se testing. Joey wis easi*y frustratec by tasks which he felt were too difficult or

5. ~~ TPUSsM>* ce tc” -- nt we pice yer. “se wes:

, cestize. *. eres: 8° GiuS Of $3

6 Gee” oY pewiS sociated wit? »sychosis.

TESTS ADMINISTERED: Wechsler Intelligence Scale for Children - Revised (WISC-R),

Bender Gestalt Test, Sentence Completion, Oraw-A-Person (D-A-P), Blacky Picture Series.

TEST RESULTS: On the WISC-R, Joey achieved a Verbal IQ of 72, a Performance IQ

of 101, and a Full Scale IQ of 84. The Full Scale IQ places him in the Dull normal

range of intelligence. Joey seemed to be easily frustrated on this test and gave up

on tasks that he felt were too difficult for him. Joey preferred the performance

subtests and generally would not put forth the same effort with verbal tasks. His

verbal score may be somewhat below his actual capability because of his low frustration

tolerance; however, the examiner feels that he is handicapped by a lack of verba) skills

such as associative thinking, verbal comprehension, and the utilization of abstract

concepts in solvine problems. His low vocabulary score sugpeete that his quality of

language anc richnuss of ‘deas is 50’ ow average. His intellectua! strengths Stem to

e 1s dercedu3l ceisitivity, atteition te ctail, and concent “z-ien. voey i « 298

Ws 3 a° Guat *2 Pts “rowmens od Ne has -he Capecity for ar .coriice este: ce

OS. ° Stas “QnS. obs 2 > @xavibits at “. st averace ability; or -cfcep.u.: u.2 78is

BEG sy eidS.5, Wl... SCRQuere Isiveroal concert format‘.

EXHIBIT #5-A-1

108

Msychunm@tor testing indicatec that Joey's visual-motor maturation is age appropriate.

were waS NO Suggestion of cen.re) rervous system dys function.

Personality testing revealed tnat Joey as deep feelings of inadequacy, probably

resulting from the insecurity ond euocional Geprivation of nis chiidnooc. Joey has

many Infanviie meecs which wo-» % ret in his chilcnood. These needs ... Sti.l very

much with him and require restitutior.. Joey has a very pessimistic outiook of his world

although outwardly he tries to maintain an appearance of hope and optimism.

Joey expresses stronc unresolved conflicts concerning his relationship to his

Parents which he attempts to blot out of consciousness. These are extremely painful

areas of thougnt and feeling that he is fearful of confronting. There ar. some developed

fantasies about “killing mother or dad” which is a way of attempting to deal with his

anger and hurt. One of the important goals of therapy with Joey would be to establish

a therapeutic relationship to assist Joey in expressing some of these repressed feelings

of ager and nostility.

SUMMARY AND RECOMMENDATIONS: Joey is an insecure, emotionally starved child who

is experfencing deep fee‘ings 01 inadequacy and hopelessness. He has repressed some

very powerful feelings of rejection and hostility. Joey needs a warm secure relation-

ship with adult parent figures who will be able to cope, at first, with his excessive

Geimancs for their attention and affection. His fear of being rejected again is extremely

strong and it will require time and patience before his excessive demands will subside.

He is in need of continued psychotherapy to assist him in ventilating his repressed

feelings and to help provide some Stability. Continued hospitalization would not provide

tie emotional climate necessary to meet Joey's needs. It is my recommendation that

Joey be considered for foster home placement with continued outpatient therapy.

Potential foster parents should be counselled and clearly informed concerning Joey's

needs and specific problems.

nyan Lincoln, Psychologist Marilyn kdmistion, Pi.b.

Cuiidren anc Acolescents Unit linical Director, Psychology

Children and Adolescents Unis

cu: heatd ChslE, File.

EXHIBIT #5-A-2

109

EXHIBIT #6

A. Juvenile Court Petition - Baldwin Department of

Family and Children Services

B. Report Accompanying Petition

C. Juvenile Court Order Granting Temporary Custody

to Department of Family and Children Services

110

a te: ..*te at

Joa sek LAstor Jr.

wbeddei on Giaer | f

iv WW. °° ts ott

the Petitioner, tr. '.

Live following factors

Moe woo cb.

forth so the cuytion.

Lister jo, 1%.

CR ae ajo

a ety 7

POKCMise wudd cui!

Me Corban G.>,t@

deme

Central Sbete Muceitn. +

wd"! elad wen

mere eLilety

Ne ;

P ¢

Awa

se D@Ch iia!»

lee a

tl,

sot Wd. ws aes

MIE, BEL! anther.

tur Kept alt

“¢ us!

EXIIBIT #G-A-1

111

c3 OL: ' w! “+ to hawtion ‘3

veitine, svba « +4 i we 4 . . vorpal oo ip tibhes

waco chiwren hac orwed by tine chil. “4

Mid VS wwe Dt ced 16 Lites . we Ke

with Comral State :, count

upprwxiautely three youru wy! to lua to deal with nate ertld

4) Oo el? Se ee . ot BN

his buhavdor os Genes cat foveal dt be woula be Gent |

” - spther ard Mire whores ’ orks aid

mothe. ‘ '* ' settot: 456955°D. *

r90rrnoOl «td + pte ew? VOL *ty wbwiwe. ly

ve J "ha somls. ur bier ae ao! 200 the Chil =i)

enothur Living RaVveayerwent O60) be OMe ‘Triste ‘ ‘tte pe

re eee a ee eu oo fy o» For van obild,

wid oy ress jen

Pe, os @ l ; er - aSilise o 3 4°

“Ant.

timo.

be te bd.obecd ve »* oot @ aged Clee death reterpeb tive

UPPCALI, 1.22C ULYVOTCUL to » wan Ald chal wau Uded feat ov.

agi, salt wioptaye oo iw eyed dw head pw contest wit: suta chiid

for tho pwt .ovorsh ft, vi opti iat gee Pot eer ad .

' r ¢ ‘

co thio thilds berit.c.

eamygert .n

EXHIBIT #G-A-2

112

CF ee NE A a A tne

ee Se en er

be AEE oe tye poe y Clete. 6 Of cub

lace Lacter Jte bu séaue td 6 ne.

eal chibtran «ittiess. bl tie . ae that gady

Potitic: co yb. *): 0 Seon 1 oe be es

hepoto Toyu. 9% tut / ‘1

wets Lith «corny to Lug

en, GS ones

ethede Cormes MOpar ir uit

forme oem

eryce lee. ye Gworn ty La. Oo ur,

om Aaformeiit ow “Lj.

ee ee es . ”

Vetasy Pubs, fab... ea.

EXHIBIT #c¢-5-?

113

’

“a

tol

tae

dalewin County De ootraont Lister, Joo Mack Jr.

ef Pa;aly ani Uni) ieen Sorvices Child dn Cente. itots Uoopttal

“Yt Aube uy, ethoocluge Cease wsker II Und lures Gusa day

November 10, 1975

In November of 1773, ‘ur agency was conticted br Carolyn Grant,

social worker in the cilidventu Wuliding ot Comtral tuiv jeucital

concerning *he ebove manu child, After civiiys doud ba kyrcern on

the chilu's situation uh etated thet tun. inoamor mente. 69 rolimyuioh

cuwwtouy of Joey to our ave y and roywosotec that T tal: wit tes.

Shernsr about this pooulbility, In early vecomiw 1 telkel with

hee, Shorwr and wo discusned tne different wayy iwt custody 2c rei-

anjuished to our efency. Mre. Shormor otated thai on met Usen working

towar. ier decision of relinyuishing custouy of jucy fur enproaimstely

@ year ami « salt,

In January of 1974, 1 ciecusced with Mro. heroser the process (thot

our state office would require for w to take custouy of this child.

Mre, cherwer ani her ex-huslani, vr. Lieter, wore requested to petition

take temporary custody of this child ami requested that a support claus

be included in the couri orier, In May of 1974, wo received a copy of a

decusent cignei by Mra. Sherwer and Ur. Lister, attempting to relinquish

custoly to Central otate Hospital, Thio paper was notcrised hy 4 notary

public, but did not have tho signature of e Judge. clonal Schuyler,

legal advisor to Central utate Hospital, statou that Jontral State Hoopital

could not take custody of « chil as they ero not a child placing agency.

Since this inciJunt in the epring of 197), wo have been in contact

with Mrs. “hormer's lawyer and heve tried to aac it clear that we wre

EXHIBIT #G-B-2

114

requesting that the parents of the child petition the cuurt to give

us temporery custody,

On Octover 3, 1975, Judge Owns of tho ;ederal Court onisred that

& petition be presented to the Juvenile Cuurt of Baldwin County by

5:00 P.M. om October 31 or he would sigr 4 statozent placing custody of

Joey with our Agency. Cur legal adviow wer thot thio action by tho

Federal Court Judge would only compliest« otter: of cuntoJy further, ov

@ petition ani an orver giving we teqorury cuttou of Jooy wa)

presented to Juige Jackson and signed by lun or Uctebor ta, 1975.

BACKCROU ALD CUNENT STAT

Joey wan adopted as a young infant iy lus, ‘arrio Lister -hermor ami

Dr. Joe Mack Lister Or. The marriage of lise adoptive parents wes a

turbulent one ani ended in divorce ir 1966, It was in the divorce

decree that Joey would live with hie «wtner, wut Ur. Lister aw order

@d to pay child support ami was allowed visiting privileges. This

decision wes hanied dow in the Superior vourt or Mit couaty. Although

Dr. Lioter has not supported ani has fulfilie: . parcntal respensibilities

towarus this child, tide orier has remained unchingud. The rights of

neither parent have been terminated ani at the cresont time there are

two legal parents involved with Joay'n custody; his mother, Mre.

Shermer, and his aloptive fether, Dr. Listor,

Joey was aimittet to Central state Hospital in May of 197, by

his mother. He haa become too much of « probles for his movher to

menage at hogs, Joey wes having problem in school and also within the

neighborhood, At the time of his admission his behavior ws described

as “axtrowely agressive with no regard for authority”. Ono of Jooy‘'s

EXHIBIT #G-B-2

115

- 3.

teachers iescribed him as o “very hyperactive child i. overmrescts to

all situations." Joey's cother had vcmmricd ch pons bofosw Jeoy vee

admitted to Central Stato Hospital, The stcjefetho, ca whine,

seemeu to be patient ami unierstcmling with tho chad’? ori dew ate

showea great concern for this child. At cm pedint S. ober oe Gall

of adopting Joay, Ir. ani Mrs. Shevwor wor 1 clo. tits Gort ral

State Hospital attempting to unuerotam! Jovy" bolive. wu. Co earn

ways ani mothods of dealing with th: Pohavici co tow Oo ooh jive

so forth, but his behavior iid mot occ, to be daprovin’. Avon ie,

to Mrs, whermer, she and her husbani al rived at the dectsaon with

Central utate Hospital that Joey woul: cover be able im iuacticn in

their hom: in 1972. ‘lowever she otrti thet it took bh. about « Jean,

Joey. It wae not until the timo when *his decision «a. cate that

our Agency bucamo involveu in this case,

In 1973, won wo became concernc:: wilh tho custcay question of

this chili, we wero cleo requested by Cuntral otate Kespilal, spocifically

Carolyn Grant, social worker and Jetty ilarris, 4.N. (Jooy*s pricary

thorapist to fini another living errasyerunt for Josy, Wo dis

cussed, «.. many different occasions, what typo of foster parents or

institution would be eole to cope with Jooy. A report uated August

1973, was sent to us. This report stated tht Jooy was foing inte lis

fousth year of hospitalisation et Central it: tc llospital ad "he

continuss to be a severe behavior problea." 1 was also noted that

Joey's attitude tovards himself tenis to be rather punitive end

thet his self-confidence is very low. It wos ayroed thut if a very

special family couli be found whe would be willing to try to cops

FYHTRIT #0-R-2

116

hows placeisat, Moros tas femly ww "Orn, o | hee ves

“epertui” ant, @) 16 wap socopine. bs Joo r oot! "gs 830

extsw ansunut of aturtica au cam, coterie a? Chddcavcn

who 4:9 noarer "nol" axe very hom. fade de ie 8S pets

aro willing to even try to cepe with a child sui.) ey AN et

ispocsibls te lecave, Our Agency "2p also conserne! |." Jef 203

hel vo oxay tellurce with bio fecaly life, Vo felt vo eos ls

very cavoful before saotier plac nem: with Jooy wos. 7 69 hu woh

fudlure for him personaly. Our deparicom cusot py fer be tlie

foste> cero waless ») «(104 fo cH A CANS rd ies 1 te poy Oe

uwiler cortaln circustances, Jooy jo mut anh’ chi’.

mes Je}

Our Agunsy ie willing to accept te porary cui.o.y of dosy but

becawe of ths financial situation ws. Ald novi cls). supper’ to hols

as arrange for tho op:cialiced caro t'ul thio “dia norids

Our Agency will scek a sptciali.c’ hos2 for Jeoy ostvids 6

area a6 WO Uo not have « suitable howe dn thin arms, 2.3 thou!) wo roaliss

that this child may not be able to Muiction outei io Centval Stato Hoopital,

wo are willing to try to ove if a pleccnont Mili worl for bio,

another institution is available or ncemmondet > vouls ts r4lling to

make the epuropriate roferral emi attcryts to co) Pa ‘nto ouch on

institution, However, again wo will eaphasice that f' chal cunport

will be needed for us to do this.

EXHIBIT #G-B-4

117

GEORGIA, BALDWIN COUNTY

IN THE SUPERUOR COURT OF SAID COUNTY AS A JUVENILE couKT

The above petition having been read and considered by this court, the

court has determined that the filing of this petition is in the best

interest of this child and the public:

IT 1S, THEREVPON, ORDERED that each of the above named partied be —

and appear —_ this court at Tha Coser theere Urldegao Le, Be,

oa the 12 day of _Atmerrrere , 192 at (0,29

o'clock, bm then and there to show cause why the child named

in said petition shall not be dealt with in accordance with the

provision of law in such case. It is further orcered that temporary

custody of said child be placed with the Baldwin County Department

of Family and Children Services until the above hearing date. It is

also ordered that a true and correct copy of the petition and process

be served upon the parents, guardian, or other person having custody,

control, and supervision of said child named in the petition.

mis F/a day of Aeon 197 5°

Uf Jovi eadegy

The abet femre Lear, Aes Conrfiud) betaur 4

Lath « CUUKI ow hack Lalu sh. Zz tL & fe

onda a thot fowponiy of ot YD ode) be LO-~leuue

tu Yo balileer ee 17 Wises so-g hii ra-

QDruaees ect ge ficnti > tr

Jinn Le %

Ceuy of Tatts. orig. Unter

EXHIBIT 3

118

EXHIBIT #7

Admission Record

Inter Office Correspondence from J. T. Harris

Admission Summary

Application for Voluntary Admission

Representation Form

Personal History and Treatment Permit

History of Mental Illness

Psychiatric Examination

Inter Office Correspondence Re: M.R.

Admission Note

Diagnosis

119

ADMISSION RECORD

Oare SS

*. ‘ ‘ec : Z P

DESCRIPTION. ace Si werewraiL, wevowt SS. ewe TZ. PULSE ws. or. KK av adh.

Wilting 4 «= ComBaTIVE ~~. WITHOUT UNDERSTANDING OF HAT IS

ATTITUDE TOWARD ADMISSION FEAR

HAPPENING —____-___

PHYSICAL ameulaToey Gis. WHEEL Crate co «(STRETCHER u__, CRUTCHES #4

Gait STACGERING COOR OF ALCOWOL tau... OOOR OF PARALDENY DE » C8 aad

PUPILS UNUSUALLY ENLARGED — » OR UNUSUALLY SuaLl ———_—, Coon oF eves 4242,

CLOTHING WEL\ s@eancer : DISARRANGED aw tem Jian: SA

SKIN: UNUSUALLY PALE uu. | FLUSHED — suai MOST ; UNUSUALLY pay i

CLEAN , soreo WAS PATIENT GIVEN & BATH? , TYPE » $Cams 1246 Cher) 5

SCRATCHES BRUISES Chern). SCABES , PEOICULI PUBIS 5 CUTS atten

BUENS ERUPTIONS pecuBiTuS

HAIR: SEL L-GROMMED 422; CISAMMANGED ____; MATTED , covom or mae Aed ; cLtan oi,

SO*LED — —., EVIDENCE OF PEDICUL! - ) MEAD TREATED FOR PEDICUL! ‘

ORIENTATION «Can GIVE NAME els, KNOWS WHERE SHE 1S (ki. ENOws aPPeOR OTe SACK.

PERSONAL POSSESSIONS JEWELRY ~~ 2, MONEY . VALUABLE PAPERS , DESCRIBE THESE THREE ITEMS OW

RACK OF SHEET GLASSES uu Te OENTURES __

F_.. Of PARTIAL , BRIDGE . DOES PATIENT HAVE PERMISSION TO USE PERSONAL BELONGINGS a

MENTAL STATE: OOES NOT ANSWER QUESTIONS LL, DOES NOT SEEM TO UNDERSTAND QUESTIONS

TALKS VERY LITTLE oie 2) OVERTALWATIVE —__, 1S TALK MEANINGFUL

EMOTIONS: UNWARRANTED FEAR EXPRESSIONS OF HATE _.; TOWARD WHOM -. EAS OF

PERSECUTION . BY WHOM

IDF AS. STRANGE EXPRESSED THOUGHTS (expla,

COMPL UNTS | (ony expressions of ory srcal or mantel nature)

Li G6 wi

| Add any portman! vlermetion on beck of sneer. )

RANSFERI D

}

PATIENT RECEIVED BY nati cwecneo ov: Lehi AZ emensaiy fests sd het —

: dhb—L ara =< ; Vax ZL: a A

TF sig = SIGMATURE 4

Suma TURE

RAMEY, JAMES LAMAR

173617 Wa 54 8-14-62

6-25-70 127

Sin* ome a ore oe er

; feuit' 22> WS

-_ — — = . ‘

G> . A SON 6 nd !

EXHIBIT #7-a |

120

wick j

FROM: \

SUBJECT: \

“- ‘ern ee oo

- i, ie a

nN. hen seeece beer es bE

Georg.c Cepartmeni on

fe INTER-OFFICE CORRESPONDENCE

ALL ADMISSIGN CMPLOYSES DATE

J. T. Marris

Jamos Lamar &aney

James Lotus Screy, ACE: 7, Stephens County is to be

acnitted to this hospital soon. Roquested by Colonel

Schuyler, jie is ecotionally disturbed:

JTH:1d1

EXHIBIT #7-B

121

’¢ %e

‘ Vin > £9

ublic BavCGslas

(-24-70

Na et ry

_ ADIAISSION SUN Ani ¥

ccs TOAL STATE HOS ITAL

eed ee . aaa

A=. Paes _Janes_.__ ‘ues Lenar

f6-25-70 | Ast, SV

Bose yotrest Mo we team. : Cerys

Departrient of Family & Chéicren Services, Toccoa, Stephens, Ca.

ostigibee eFe- C.ccaler Seiesi :

2 ang es ny Test Qate

il -b .., SUBS?

' (Maren. "® ee a Gerace, *s oe

| ‘ ’ ee _ aif ne

we ee rren’ s Unit 15S In-Pattent

(Cow (State ang 2 oacytes ’ " Telearon- t

{? ede.

jus cae

White Maie : 7 [8-14-62 { Stephens County, Ga. ; Yes

rut Resin Ly) g —Nisisisoense 7 —* TAaoress piace — — = 7 Veiepnore % 17}

? aaa atl _— et A. | ? he

$20 Pawing t yat Custcuy of Guo HIM e Acdress oar | fe-ephun N+ - Cnae i.e z

e ? '?

ae: Utates nae [hdétien Wonemeeny | tephone W

neha ic! age, Cquneelos — as rremer — Nomar —“PePE-; OF FiCS, Toccoa, Ca, i 2

(Hetatronen co)

ngle lo bs :

Barbara C. Carpenter Departrent of F & CS Toceca, Ga. Counsclor ?

2no

Mar-tat Status, TT Number of Crrigren TEascation (No. of Vears) [Employes or helirer| m

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