Facility Staff
From the abstract: “Juvenile correctional programs that focus solely on safety, education, and structure yield suboptimal outcomes. Youth in these facilities often have learning disorders, and adaptive challenges, have been exposed to severe trauma, and have mental disorders, including autism spectrum disorder. Consequently, rehabilitation programs must be comprehensive, individualized, developmentally informed, and trauma informed to…
Former Secretary of the Maryland Department of Juvenile Services, Vinny Schiraldi, wrote this op-ed, discussing President Trump’s deployment of National Guard troops in Washington D.C. and the District’s intentions to repeal lower the age for trying children as adults to 12 in the Youth Rehabilitation Act. The op-ed details Vinny’s reflections and observations during his…
The 7th Circuit Court of Appeals found that a liberty interest may exist for short periods of solitary confinement in deplorable conditions and offered the following language in support. “Jackson presented evidence showing that he was subjected to three months in appalling conditions of solitary confinement at Pontiac. Taking that evidence as true, Jackson had…
Professor Kris Henning and Rebba Omer authored a law review article on decriminalizing normal adolescent behaviors, race, and disabilities. This article maps a way forward for all system actors in the juvenile legal system to mitigate and buffer against the harms of juvenile legal system involvement for youth with disabilities. Specifically, this article outlines youth…
A sample motion requesting the court to compel Colorado’s Department of Youth Services to comply with a subpoena duces tecum regarding records related to excessive force and physical abuse in their facilities.
A sample motion asking the Court to issue a subpoena duces tecum to the state youth department for material reports, documents, witness information, and video survelliance regarding an incident of physical restraint.
Sample jury instructions on adolescent development in a self-defense case involving staff at a youth facility.
Sample jury instructions requesting the reasonable child standard in a case involving self-defense from unlawful physical force at a youth facility.
Sample jury instructions for self-defense in a case involving a young person defending themself against facility staff’s unlawful use of force or physical restraint against a youth at a residential facility.
Sample jury instructions outlining when physical force is by facility staff is unlawful against a young person.
A sample motion in a youth facility assualt case asking the court to order access to the facility for evidence collection, including viewing the scene and taking photographs of the facility.
From the Introduction of the Paper: “The U.S.’s failure to implement an internationally abiding federal law regulating juvenile justice has important implications on the treatment of incarcerated adolescent populations while incarcerated, rehabilitated, and reintegrated into society. This article will analyze the harmful and outdated legal frameworks and institutional structures of the U.S. juvenile justice systems.…
An expert declaration on the harms of the use of isolation on youth in juvenile correctional facilities.
Semi-annual report from January-June 2023 from the Colorado Division of Youth Services on reported number of physical and sexual assaults, number of facility staff, and other conditions of confinement data in its state-run residential facilities for detained and committed young people.
From the Executive Summary, developed by Equip for Equality: “The children in the Juvenile Temporary Detention Center (“JTDC”) are some of the most vulnerable youth in Cook County, many having experienced significant trauma and violence as part of their daily existence. The JTDC is the juvenile jail for Cook County, housing youth awaiting adjudication of their cases, as well…
On April 14, 2022, the DOJ filed a complaint against the South Carolina Department of Juvenile Justice for depriving youth confined in the Broad River Road Complex facility of their constitutional rights. The complaint highlights Fourteenth Amendment violations, namely that the Department of Juvenile Justice “(i) failed to reasonably protect children from youth-on-youth violence; and…
On April 14, 2022, the DOJ released its investigation findings of South Carolina Department of Juvenile Justice’s Broad River Road Complex. The investigation finds “, that there is reasonable cause to believe, based on the totality of the conditions, practices, and incidents, that: (1) the conditions at the Broad River Road Complex (BRRC), South Carolina’s…
On April 14, 2022, the DOJ entered into a settlement agreement with the South Carolina Department of Juvenile Justice to remedy conditions that violated young people’s constitutional rights at the Broad River Road Complex facility. The settlement agreement includes provisions that the Department “shall, at all times, provide youth at BRRC with safe living conditions,”…
From the introduction: “This paper shares the story behind the successful launch of a specialized correctional unit for emerging adults by three of the people closest and most integral to the experience. It is offered as a guide for jurisdictions that are interested in developing similar programs. It is important to note that this report…
[South Carolina] Department of Juvenile Justice’s Broad River Road Complex: Notice and Investigation
On February 5, 2020, the DOJ sent notice to the Governor of South Carolina regarding the alleged conditions they have reasonable cause to believe violate the U.S. Constitution at the Broad River Road Complex juvenile facility. The notice states, in part, “After carefully reviewing the evidence, we conclude that there is reasonable cause to believe…