parham
argued
december
decided
june
appellees
children
treated
georgia
state
mental
hospital
instituted
federal
district
class
action
georgia
mental
health
officials
appellees
sought
declaratory
judgment
georgia
procedures
voluntary
commitment
children
age
state
mental
hospitals
violated
due
process
clause
fourteenth
amendment
requested
injunction
future
enforcement
georgia
statute
providing
voluntary
admission
children
state
regional
hospitals
admission
begins
application
hospitalization
signed
parent
guardian
upon
application
superintendent
hospital
authorized
admit
temporarily
child
observation
diagnosis
observation
superintendent
finds
evidence
mental
illness
child
suitable
treatment
hospital
child
may
admitted
period
conditions
may
authorized
law
georgia
mental
health
statute
child
hospitalized
five
days
may
discharged
request
parent
guardian
hospital
superintendent
even
without
request
discharge
affirmative
duty
release
child
recovered
mental
illness
sufficiently
improved
superintendent
determines
hospitalization
patient
longer
desirable
district
held
georgia
statutory
scheme
unconstitutional
failed
protect
adequately
appellees
due
process
rights
process
due
included
least
right
notice
hearing
impartial
tribunal
held
district
erred
holding
unconstitutional
state
procedures
admitting
child
treatment
state
mental
hospital
since
record
case
georgia
medical
factfinding
processes
consistent
constitutional
guarantees
pp
testing
challenged
state
procedures
due
process
claim
requires
balancing
private
interest
affected
official
action
ii
risk
erroneous
deprivation
interest
procedures
used
probable
value
additional
substitute
procedural
safeguards
iii
state
interest
including
function
involved
fiscal
administrative
burdens
additional
substitute
procedural
requirement
entail
cf
mathews
eldridge
smith
organization
foster
families
pp
notwithstanding
child
liberty
interest
confined
unnecessarily
medical
treatment
assuming
person
protectible
interest
erroneously
labeled
mentally
ill
parents
traditional
interests
responsibility
upbringing
child
retain
substantial
dominant
role
decision
absent
finding
neglect
abuse
however
child
rights
nature
commitment
decision
parents
always
absolute
discretion
institutionalize
child
retain
plenary
authority
seek
care
children
subject
independent
medical
judgment
cf
pierce
society
sisters
wisconsin
yoder
prince
massachusetts
meyer
nebraska
planned
parenthood
central
missouri
danforth
distinguished
pp
state
significant
interests
confining
use
costly
mental
health
facilities
cases
genuine
need
imposing
unnecessary
procedural
obstacles
may
discourage
mentally
ill
families
seeking
needed
psychiatric
assistance
allocating
priority
diagnosis
treatment
patients
soon
admitted
hospital
rather
preadmission
procedures
pp
risk
error
inherent
parental
decision
child
institutionalized
mental
health
care
sufficiently
great
kind
inquiry
made
neutral
factfinder
determine
whether
statutory
requirements
admission
satisfied
see
goldberg
kelly
morrissey
brewer
probe
child
background
decisionmaker
must
authority
refuse
admit
child
satisfy
medical
standards
admission
need
continuing
commitment
must
reviewed
periodically
pp
due
process
require
neutral
factfinder
law
trained
judicial
administrative
officer
necessary
admitting
physician
conduct
formal
adversary
hearing
hearing
conducted
someone
admitting
physician
medical
decisionmaking
process
may
error
free
nevertheless
independent
medical
decisionmaking
process
includes
thorough
psychiatric
investigation
followed
additional
periodic
review
child
condition
identify
children
admitted
risks
error
significantly
reduced
formal
hearing
pp
georgia
practices
described
record
comport
minimum
due
process
requirements
state
statute
envisions
careful
diagnostic
medical
inquiry
conducted
admitting
physician
regional
hospital
georgia
procedures
arbitrary
sense
single
physician
professional
unbridled
discretion
commit
child
regional
hospital
georgia
general
administrative
statutory
scheme
voluntary
commitment
children
unconstitutional
district
remand
may
consider
individual
claims
initial
admissions
particular
children
meet
due
process
standards
may
also
consider
whether
various
hospitals
procedures
periodic
review
patients
need
institutional
care
sufficient
justify
continuing
voluntary
commitment
pp
differences
situation
child
ward
state
georgia
state
requests
admission
state
mental
hospital
situation
child
natural
parents
request
admission
justify
requiring
different
procedures
time
child
initial
admission
hospital
pp
burger
delivered
opinion
white
blackmun
powell
rehnquist
joined
stewart
filed
opinion
concurring
judgment
post
brennan
filed
opinion
concurring
part
dissenting
part
marshall
stevens
joined
post
douglas
lackey
assistant
attorney
general
georgia
reargued
cause
appellants
briefs
original
argument
arthur
bolton
attorney
general
robert
stubbs
ii
executive
assistant
attorney
general
langham
first
assistant
attorney
general
michael
bowers
senior
assistant
attorney
general
carol
atha
cosgrove
assistant
attorney
general
john
cromartie
reargued
cause
appellees
brief
original
argument
gerald
tarutis
briefs
amici
curiae
urging
affirmance
filed
william
spann
john
lashly
daniel
skoler
american
bar
association
stephen
berzon
marian
wright
edelman
paul
friedman
american
orthopsychiatric
association
et
al
joel
klein
american
psychiatric
association
et
al
robert
walker
child
welfare
league
america
stanley
van
ness
department
public
advocate
division
mental
health
advocacy
new
jersey
robert
catz
urban
law
institute
solicitor
general
mccree
assistant
attorney
general
days
brian
landsberg
mark
gross
filed
brief
amicus
curiae
chief
justice
burger
delivered
opinion
question
presented
appeal
process
constitutionally
due
minor
child
whose
parents
guardian
seek
state
administered
institutional
mental
health
care
child
specifically
whether
adversary
proceeding
required
prior
commitment
appellee
child
treated
georgia
state
mental
hospital
plaintiff
class
action
based
district
middle
district
georgia
appellants
state
commissioner
department
human
resources
director
mental
health
division
department
human
resources
chief
medical
officer
hospital
appellee
treated
appellee
sought
declaratory
judgment
georgia
voluntary
commitment
procedures
children
age
code
violated
due
process
clause
fourteenth
amendment
requested
injunction
future
enforcement
district
convened
pursuant
ed
considering
expert
lay
testimony
extensive
exhibits
visiting
two
state
regional
mental
health
hospitals
district
held
georgia
statutory
scheme
unconstitutional
failed
protect
adequately
appellees
due
process
rights
parham
supp
remedy
violation
enjoined
future
commitments
based
procedures
georgia
statute
also
commanded
georgia
appropriate
expend
whatever
amount
reasonably
necessary
provide
nonhospital
facilities
deemed
appellant
state
officials
appropriate
treatment
members
plaintiffs
class
supra
treated
less
drastic
nonhospital
environment
appellants
challenged
aspects
district
judgment
noted
probable
jurisdiction
heard
argument
term
case
consolidated
secretary
public
welfare
institutionalized
juveniles
post
reargued
term
plaintiff
district
deceased
admitted
age
years
central
state
regional
hospital
milledgeville
ga
prior
admission
received
outpatient
treatment
hospital
two
months
mother
requested
hospital
admit
indefinitely
admitting
physician
interviewed
parents
learned
natural
parents
divorced
mother
remarried
also
learned
expelled
school
uncontrollable
accepted
parents
representation
boy
extremely
aggressive
diagnosed
child
hyperkinetic
reaction
childhood
mother
stepfather
agreed
participate
family
therapy
time
son
hospitalized
program
permitted
go
home
short
stays
apparently
behavior
visits
erratic
several
months
parents
requested
discontinuance
program
child
returned
mother
stepfather
furlough
basis
live
home
go
school
hospital
parents
found
unable
control
satisfaction
created
family
stress
within
two
months
requested
readmission
central
state
parents
relinquished
parental
rights
county
although
several
hospital
employees
recommended
placed
special
foster
home
warm
supported
truly
involved
couple
department
family
children
services
unable
place
setting
october
filed
suit
requesting
order
placing
less
drastic
environment
suitable
needs
appellee
declared
neglected
child
county
removed
natural
parents
months
old
placed
seven
different
foster
homes
succession
prior
admission
central
state
hospital
age
immediately
preceding
hospitalization
received
outpatient
treatment
county
mental
health
center
several
months
began
attending
school
disruptive
incorrigible
conform
normal
behavior
patterns
abnormal
behavior
seventh
set
foster
parents
requested
removal
home
department
family
children
services
sought
admission
central
state
agency
provided
hospital
complete
history
time
admission
addition
three
separate
interviews
conducted
admission
team
hospital
determined
borderline
retarded
suffered
unsocialized
aggressive
reaction
childhood
recommended
unanimously
benefit
structured
environment
hospital
enjoy
living
playing
boys
age
progress
periodically
addition
unsuccessful
efforts
made
department
family
children
services
stay
hospital
place
various
foster
homes
october
filed
suit
requesting
order
placing
less
drastic
environment
suitable
needs
georgia
code
provides
voluntary
admission
state
regional
hospital
children
provision
admission
begins
application
hospitalization
signed
parent
guardian
upon
application
superintendent
hospital
given
power
admit
temporarily
child
observation
diagnosis
observation
superintendent
finds
evidence
mental
illness
child
suitable
treatment
hospital
child
may
admitted
period
conditions
may
authorized
law
georgia
mental
health
statute
also
provides
discharge
voluntary
patients
child
hospitalized
five
days
may
discharged
request
parent
guardian
even
without
request
discharge
however
superintendent
regional
hospital
affirmative
duty
release
child
recovered
mental
illness
sufficiently
improved
superintendent
determines
hospitalization
patient
longer
desirable
georgia
mental
health
director
published
statewide
regulations
defining
specific
procedures
superintendent
must
employ
admitting
child
instead
regional
hospital
superintendent
responsible
procedures
facility
substantial
variation
among
institutions
regard
admission
procedures
procedures
review
patients
admitted
brief
description
different
hospitals
procedures
demonstrate
variety
approaches
taken
regional
hospitals
throughout
state
southwestern
hospital
thomasville
built
children
adolescent
program
instituted
children
adolescent
unit
hospital
maximum
capacity
beds
time
suit
children
treated
southwestern
superintendent
testified
hospital
never
admitted
voluntary
child
patient
treated
previously
community
mental
health
clinic
mental
health
professional
community
clinic
determines
hospital
treatment
may
helpful
child
clinic
staff
hospital
staff
jointly
evaluate
need
hospitalization
proper
treatment
hospitalization
likely
release
date
initial
admission
decision
thus
made
hospital
child
admitted
hospital
weekly
reviews
condition
performed
internal
medical
professional
staff
also
monthly
reviews
child
group
composed
hospital
staff
involved
weekly
reviews
community
clinic
staff
people
average
stay
child
treated
southwestern
days
atlanta
regional
hospital
opened
time
hearing
district
children
adolescents
treated
hospital
children
adolescent
unit
hospital
affiliated
nine
community
mental
health
centers
agreement
persons
treated
comprehensive
community
mental
health
centers
every
possible
instance
rather
hospitalized
admission
criteria
atlanta
regional
voluntary
involuntary
patients
formal
policy
admit
voluntary
patient
unless
patient
found
threat
others
record
discloses
approximately
referrals
community
centers
rejected
hospital
admissions
staff
admission
staff
reviews
condition
child
every
week
addition
monthly
utilization
reviews
nonstaff
mental
health
professionals
review
considers
random
sample
children
cases
average
length
child
stay
days
georgia
mental
health
institute
gmhi
decatur
built
children
adolescent
unit
housed
children
time
suit
brought
hospital
formal
affiliation
four
community
mental
health
centers
centers
may
refer
patients
hospital
certify
appropriate
alternative
resources
available
within
client
geographic
area
year
prior
trial
case
child
admitted
except
referral
clinic
although
hospital
policy
generally
accepting
hours
referrals
community
clinic
team
staff
members
review
admission
team
finds
reason
treat
community
deputy
superintendent
hospital
agrees
release
applicant
home
child
admitted
must
review
admission
decision
within
days
also
unspecified
periodic
review
child
need
hospitalization
team
staff
members
average
stay
children
gmhi
days
augusta
regional
hospital
opened
affiliated
community
mental
health
clinics
children
adolescent
unit
housed
children
december
approximately
children
admitted
hospital
first
received
treatment
community
admitted
based
specific
referral
clinic
admission
criterion
whether
child
needs
hospitalization
decision
must
approved
two
psychiatrists
also
informal
practice
admitting
child
parents
refuse
participate
family
therapy
program
admission
decision
reviewed
within
days
team
staff
physicians
mental
health
professionals
thereafter
child
reviewed
every
week
addition
every
child
condition
reviewed
team
clinic
staff
members
every
days
average
stay
children
augusta
december
days
savannah
regional
hospital
built
housed
children
time
suit
hospital
staff
members
also
directors
community
mental
health
clinics
policy
hospital
child
seeking
admission
nonemergency
basis
must
referred
community
clinic
admission
decision
must
made
staff
psychiatrist
based
materials
provided
community
clinic
interview
applicant
interview
parents
child
within
three
weeks
admission
child
review
group
composed
hospital
clinic
staff
members
people
community
juvenile
judges
thereafter
hospital
staff
reviews
child
weekly
staff
concludes
child
ready
released
community
committee
reviews
child
case
assist
placement
average
stay
children
treated
savannah
december
days
west
central
hospital
columbus
opened
december
organized
budgetary
purposes
several
community
mental
health
clinics
hospital
beds
children
adolescents
occupied
time
suit
filed
formal
policy
children
seeking
admission
hospital
must
referred
community
clinic
hospital
regarded
staff
last
resort
treating
child
children
referred
turned
away
admissions
team
hospital
admission
staff
meetings
daily
discuss
problem
cases
hospital
practicing
child
psychiatrist
reviews
cases
week
depending
nature
problems
consultant
reviews
cases
average
stay
children
west
central
december
days
children
unit
central
state
regional
hospital
milledgeville
added
existing
structure
accommodate
children
hospital
also
house
adolescents
time
suit
hospital
housed
children
including
named
plaintiffs
although
central
state
affiliated
community
clinics
seems
higher
percentage
nonreferral
admissions
hospitals
admission
decision
made
admissions
evaluator
admitting
physician
evaluator
ph
psychology
social
worker
nurse
admitting
physician
psychiatrist
standard
admission
whether
hospitalization
appropriate
treatment
child
april
november
children
applicants
screened
admission
referred
noninstitutional
settings
children
temporarily
admitted
sent
children
adolescent
unit
testing
development
treatment
plan
generally
seven
days
admission
members
hospital
staff
review
information
compiled
patient
determine
need
continued
hospitalization
thereafter
informal
review
patient
approximately
every
days
patients
central
state
december
average
days
explanation
record
large
variation
average
length
hospitalization
institutions
although
focus
district
state
mental
hospitals
relevant
note
georgia
presently
funds
community
mental
health
clinics
specialized
foster
care
homes
state
built
seven
new
regional
hospitals
within
past
years
added
new
children
unit
oldest
hospital
state
budget
fiscal
year
almost
million
mental
health
care
georgia
ranks
among
per
capita
expenditures
mental
health
total
expenditures
district
nonetheless
rejected
state
entire
system
providing
mental
health
care
procedural
substantive
grounds
district
found
children
optimally
cared
another
less
restrictive
setting
available
optimal
settings
included
group
homes
therapeutic
camps
services
governor
georgia
chairmen
two
appropriations
committees
legislature
testifying
district
expressed
confidence
georgia
program
informed
state
justify
enlarging
budget
fiscal
year
provide
specialized
treatment
settings
urged
appellees
addition
available
described
factual
background
georgia
mental
health
program
treatment
named
plaintiffs
turn
examine
legal
bases
district
judgment
ii
holding
unconstitutional
georgia
statutory
procedure
voluntary
commitment
juveniles
district
first
determined
commitment
eight
regional
hospitals
constitutes
severe
deprivation
child
liberty
defined
liberty
interest
terms
freedom
bodily
restraint
freedom
emotional
psychic
harm
caused
institutionalization
determined
liberty
interest
implicated
child
admission
mental
hospital
considered
process
required
protect
interest
held
process
due
includes
least
right
notice
heard
impartial
tribunal
requiring
prescribed
hearing
rejected
georgia
argument
hearing
required
since
state
merely
assisting
parents
afford
private
care
making
available
treatment
similar
offered
private
hospitals
private
physicians
acknowledged
parents
seek
children
admitted
state
mental
hospital
good
faith
however
relied
one
appellees
witnesses
expressed
opinion
still
look
upon
mental
hospitals
dumping
ground
specific
evidence
dumping
however
found
record
district
also
rejected
argument
review
superintendents
hospitals
staffs
sufficient
protect
child
liberty
interest
held
inexactness
psychiatry
coupled
possibility
sources
information
used
make
commitment
decision
may
always
reliable
made
superintendent
decision
arbitrary
satisfy
due
process
shifted
focus
drastically
clearly
procedural
due
process
analysis
appears
substantive
due
process
analysis
condemned
georgia
officialdom
failure
face
report
outlining
need
additional
resources
spent
nonhospital
treatment
provide
resources
noninstitutional
mental
health
care
concluded
causal
relationship
intransigence
state
ability
provide
flexible
due
process
appellees
district
therefore
ordered
state
appropriate
expend
resources
necessary
provide
nonhospital
treatment
members
appellees
class
benefit
iii
earlier
day
problems
inherent
coping
children
afflicted
mental
emotional
abnormalities
dealt
largely
within
family
see
brakel
rock
mentally
disabled
law
sometimes
parents
aided
teachers
family
doctor
parents
doubt
able
deal
disturbed
children
without
specialized
assistance
others
especially
limited
means
education
increasingly
turned
assistance
local
public
sources
private
charities
recently
little
provide
custodial
institutions
confinement
persons
considered
dangerous
slovenko
criminal
justice
procedures
civil
commitment
wayne
rev
hereinafter
slovenko
medical
knowledge
mentally
ill
public
concern
condition
expanded
aided
substantially
federal
grants
sought
ameliorate
human
tragedies
seriously
disturbed
children
ironically
expanded
efforts
assist
mentally
ill
actions
subjected
increasing
litigation
heightened
constitutional
scrutiny
courts
required
resolve
thorny
constitutional
attacks
state
programs
procedures
limited
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penal
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