Evening star., 1959-11-28
Judge Will Act
In Jurisdiction
Row With Bourd
BY PHIL THOMAS
Star stan Writer

fare over juvenile Jurisdiction
may grow into a crucial battle
early next year.
The key to a full Towering of
the dispute will probably be q
court policy statement Sched-
uled to come out in the early
wekes of 1860.
The dispute, as the judge
sees it, centers on the power of
the Department of Public We'll
fare to send home and recon-
NIT - without court review -
juveniles originally placed in
of DPW as a result of
a court hearing.
The judge feels that Welfare
can't legally do this, and We'll
fare feels that court review of
its actions amount to inter
ference" with the proper func-
tions of the agency.
Plan Long Sought
Judge Ketcham said yester-
day he has been "for two years
trying to prod Welfare into
coming up with a plan Of their
own" in an effort to resolve
the issue.
1T is evident from cases
that have come before the
court that we (the court) will
have to set the bench marks
for them" he added.
The Public Welfare Advisory
Council, agreeing with the in
reference charge made by
Gerard M. Shea, Welfare di-
rector. that the judge is ~inter-
fering" with the agency's work,
has said the department can't
continue to operate and pro-
vide proper care and treat
ment (for its juvenile wards
unless there is some legal
Qualification of its RESPONSE
bilitv."
Mr.. Shea believes his agency
has final say in deciding where
a child will be sent and how
long he will stay there-once
the court has committed the
child to the Welfare Depart
ment.
The judge counters with
this: They (the social work.
ers) think I don't have blind
faith in them, and I don't. I
wouldn't be doing my job if I
did"
How 1t Operates
The situation to which the
judge objects most strenuously
would include these circum-
stances: A boy, brought before
the court, has been committed
to Welfare. The agency, after
he spends a period of time in
one Of its institutions, releases
him to his parents on the
ground he has adjusted to the
point where he can be let out
into society. However, the
later decides the boy
should be put back into the
and does so.
The judge feels there should
be a hearing at the time the
child is released to his parents
and another hearing when
Welfare decides to recommit
the child to an institution.
He admits that Welfare has
some independent authority,
but he feels this authority is
mot unlimited and shouldn't
be arbitrary"
The basic reason for hold
ing the hearings, he feels, is
to have a forum where the
child's parents can be heard
where we can settle the ques-
tion of whether or not the
agency should take the child
away from the parents"
Checks and Balances
1T all goes to the old Ameri-
can idea of checks and bal
ances, dealing with the premise
that an agency which makes q
decision shouldn't be the sole
Judge of the rightness of that
decision. Judge Ketcham said.
He believes that the agency,
once it decides to release a
child committed by the COURT
to its parents, should come
into court and say so, perhaps
also informing the court Of a
need for continuing Supervi-
sion of the child after he goes
home.
Both this hearing and a con-
Sequent hearing on recommit-
nent of the child would dis
close how both the agency and
he child's family feel on these
questions
Thus, the judge feels, a bet
ter foundation will be laid
Tor deciding the rightness or
of these actions
without just taking the agency'S
word for it.
The judge believes the forth
coming policy memorandum
AN set up the manner in
which these hearings should be
conducted and make clear
'nce and for all-the relative
powers of the court and We'll
fare in this field. 1t would also
provide a guide for attorneys
n such cases.
Temporary Solution
But this approach-through
/ policy decision of the court
S a temporary expedient in the
Judges mind.
1T may eventually come to
he point where we will have
\ formal group which will hear
protests over the return of a