IN THE COMMONWEALTH COURT OF PENNSYLVANIA J.S.C. and J.A.M., : : Petitioners : : v. : No. 678 M.D. 2019 : Argued: November 10, 2020 Pennsylvania Department of Human : Services and Teresa Miller in her : official capacity as Secretary, : Pennsylvania Department of Human : Services, : : Respondents : BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge1 HONORABLE RENÉE COHN JUBELIRER, Judge HONORABLE P. KEVIN BROBSON, Judge2 HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE MICHAEL H. WOJCIK, Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge HONORABLE J. ANDREW CROMPTON, Judge OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE WOJCIK FILED: January 7, 2021 1 The decision in this case was reached before January 4, 2021, when President Judge Leavitt served as President Judge. 2 The decision in this case was reached prior to January 4, 2021, when Judge Brobson became President Judge. Before the Court are the preliminary objections (POs) in the nature of a demurrer of the Pennsylvania Department of Human Services and Teresa Miller, Secretary of the Department (Secretary) (collectively, DHS) and intervenor Berks County (County)3 to the petition for review filed by J.S.C. and J.A.M. (collectively, Petitioners) seeking declaratory and injunctive relief on the basis that the County and DHS did not have the legal authority to enter into a court-approved stipulation or request a stay that allowed the Berks County Residential Center (Center) to remain open and operating pending litigation regarding DHS’s revocation of the Center’s required annual Certificate of Compliance (Certificate). We sustain the POs and dismiss the petition for review. The background of this case has been summarized by this Court in one of the number of prior related actions as follows: In 2001, [the County] signed an intergovernmental service agreement with the Department of Homeland Security, Immigration Customs Enforcement (ICE), to operate the Center. Subsequently, DHS licensed the Center to operate as a Child Residential and Treatment Facility (child residential facility) pursuant to the regulations found at 55 Pa. Code §§3800.1-3800.312.3. The purpose of these regulations is to protect the health, safety and well-being of “children receiving care in a child residential facility through the formulation, application and enforcement of minimum licensing requirements.” 55 Pa. Code §3800.1. To that end, a child residential facility must obtain and maintain a [Certificate] from DHS. 55 Pa. Code §3800.11. A [Certificate] is a “document issued to a legal entity permitting it to operate a specific type of facility or agency, at a given location, for a specified period of time, and according to appropriate Departmental program 3 By June 4, 2020 order, we granted the County’s petition to intervene in this case. 2 license or approval regulations.” 55 Pa. Code §20.4 (emphasis added). Notwithstanding the Center’s licensure as a child residential facility, it is one of three immigration detention facilities in the United States that provides residential family housing to undocumented immigrant families seeking asylum while ICE enforces federal immigration laws. Consequently, [the p]etitioners include [] children and adults formerly housed at the Center. In addition, [the p]etitioners ...
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