ERIC ED419201: Beyond the Walls: Improving Conditions of Confinement for Youth in Custody.

122 Pages·1.9 MB·English

by  ERIC

DOCUMENT RESUME
CG 028 455
ED 419 201
Puritz, Patricia; Scali, Mary Ann
AUTHOR
Beyond the Walls: Improving Conditions of Confinement for
TITLE
Youth in Custody.
American Bar Association, Washington, DC. Juvenile Justice
INSTITUTION
Center.
Office of Juvenile Justice and Delinquent Prevention (Dept.
SPONS AGENCY
of Justice), Washington, DC.
NCJ-164727
REPORT NO
ISBN-1-57073-425-9
ISBN
1998-01-00
PUB DATE
NOTE
121p.
93-JN-CX-0007
CONTRACT
Juvenile Justice Clearinghouse/NCJRS, P.O. Box 6000,
AVAILABLE FROM
Rockville, MD 20849-6000; phone: [phone]; fax:
301-519-5212; e-mail: askncjrs.org; world wide web:
http://www.ncjrs.org/ojjhome.htm
Reports
Research (143)
PUB TYPE
MF01/PC05 Plus Postage.
EDRS PRICE
Adolescents; Child Abuse; *Child Advocacy; Child Welfare;
DESCRIPTORS
Children; *Childrens Rights; *Civil Rights; Criminals;
Delinquency; Elementary Secondary Education; *Juvenile
Justice; Laws; Legislation; '.,Prisoners
ABSTRACT
Intended to stimulate discussion about ways juvenile justice
professionals can improve conditions of confinement for detained and
incarcerated youth, this report provides a number of tools which may be
useful for community advocates, program administrators, and others to address
various needs including education and protection from abuse. Six ideas for
improving conditions of confinement for incarcerated youth are detailed under
(1) Civil Rights of Institutionalized Persons Act in
the following headings:
(2) Use of Ombudsman Programs in Juvenile
Juvenile Correctional Facilities;
(3) Educational Advocacy for Youth with Disabilities;
Corrections;
(4)
(5) The
Protection, and Advocacy Systems in Juvenile Corrections;
Administrative Procedure Act in Juvenile Corrections; and (6) Self-Assessment
in Juvenile Corrections. These materials are designed to supplement needed
litigation efforts. Appendices include a contacts list, the text of the laws
referenced and related significant decisions, information about ombudsman
offices for children of several states, and contact information for state
protection and advocacy systems.
(EMK)
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Reproductions supplied by EDRS are the best that can be made
from the original document.
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U Et DEPARTMENT OP EDUCATION
Office of Educational Research and Improvement
EDUCATIONAL RESOURCES INFORMATION
CENTER (ERIC)
O This document has been reproduced as
received from the person Or organizabon
originating it
O Minor changes have been made to improve
reproduction Quality
Points Of view or opinions stated in trio docu-
ment do not necessarily represent official
OERI position or ppliCy
on iti
onfinemen
ustody
for Youth in
2
Moe f J P venille ,,ustice
elinquency Fr ve Ilion
The Office of Juvenile Justice and Delinquency Prevention ( OJJDP) was established by the President and Con-
gress through the Juvenile Justice and Delinquency Prevention (JJDP) Act of
Public Law
as
93-415,
1974,
amended. Located within the Office of Justice Programs of the U.S. Department of Justice, OJJDP's goal is to
provide national leadership in addressing the issues of juvenile delinquency and improving juvenile justice.
OJJDP sponsors a broad array of research, program, and training initiatives to improve the juvenile justice
system as a whole, as well as to benefit individual youth-serving agencies. These initiatives are carried out by
seven components within OJJDP, described below.
Research and Program Development Division
Information Dissemination Unit informs individuals
develops knowledge on national trends in juvenile
and organizations of OJJDP initiatives; disseminates
delinquency; supports a program for data collection
information on juvenile justice, delinquency preven-
and information sharing that incorporates elements
tion, and missing children; and coordinates program
of statistical and systems development; identifies
planning efforts within OJJDP. The unit's activities
how delinquency develops and the best methods
include publishing research and statistical reports,
for its prevention, intervention, and treatment; and
bulletins, and other documents, as well as overseeing
analyzes practices and trends in the juvenile justice
the operations of the Juvenile Justice Clearinghouse.
system.
Concentration of Federal Efforts Program pro-
Training and Technical Assistance Division pro-
motes interagency cooperation and coordination
vides juvenile justice training and technical assist-
among Federal agencies with responsibilities in the
ance to Federal, State, and local governments; law
area of juvenile justice. The program primarily carries
enforcement, judiciary, and corrections personnel;
out this responsibility through the Coordinating Coun-
and private agencies, educational institutions, and
cil on Juvenile Justice and Delinquency Prevention, an
community organizations.
independent body within the executive branch that
was established by Congress through the JJDP Act.
Special Emphasis Division provides discretionary
funds to public and private agencies, organizations,
Missing and Exploited Children's Program seeks to
and individuals to replicate tested approaches to
promote effective policies and procedures for address-
delinquency prevention, treatment, and control in
ing the problem of missing and exploited children.
such pertinent areas as chronic juvenile offenders,
Established by the Missing Children's Assistance Act
of
community-based sanctions, and the disproportionate
the program provides funds for a variety of
1984,
representation of minorities in the juvenile justice
activities to support and coordinate a network of re-
system.
sources such as the National Center for Missing and
Exploited Children; training and technical assistance
State Relations and Assistance Division supports
to a network of
State clearinghouses, nonprofit
47
collaborative efforts by States to carry out the man-
organizations, law enforcement personnel, and attor-
dates of the JJDP Act by providing formula grant
neys; and research and demonstration programs.
funds to States; furnishing technical assistance to
States, local governments, and private agencies;
and monitoring State compliance with the JJDP Act.
The mission of OJJDP is to provide national leadership, coordination, and resources to prevent juvenile victimization
and respond appropriately to juvenile delinquency. This is accomplished through developing and implementing pre-
vention programs and a juvenile justice system that protects the public safety, holds juvenile offenders accountable,
and provides treatment and rehabilitative services based on the needs of each individual juvenile.
3
Beyond the Walls:
Improving Conditions of Confinement for
Youth in Custody
Report
Patricia Puritz
Mary Ann Scali
American Bar Association Juvenile Justice Center
Shay Bilchik, Administrator
Office of Juvenile Justice and Delinquency Prevention
January 1998
4
U.S. Department of Justice
Office of Justice Programs
Office of Juvenile Justice and Delinquency Prevention
810 Seventh Street NW.
Washington, DC 20531
Janet Reno
Attorney General
U.S. Department of Justice
Raymond C. Fisher
Associate Attorney General
Laurie Robinson
Assistant Attorney General
Shay Bilchik
Administrator
Office of Juvenile Justice and Delinquency Prevention
This report was prepared by the American Bar Association (ABA) under grant number 93JNCX-0007
from the Office of Juvenile Justice and Delinquency Prevention (OJJDP), U.S. Department of Justice.
Points of viewpoints or opinions expressed in this document are those of the authors and do not necessarily
represent the official position or policies of OJJDP or the U.S. Department of Justice.
This report has not been approved by the House of Delegates or the Board of Governors of the ABA.
Copyright 1998, American Bar Association, Juvenile Justice Center, 740 15th Street NW., Washington, DC
20005,202-662-1515. ISBN: 1-57073-425-9
This report is time dated and does not reflect cases, investigations, laws, and amendments beyond
January 1, 1997; however, chapter 1 is updated through November 1997.
The Office of Juvenile Justice and Delinquency Prevention is a component of the Office of Justice
Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the
National Institute of Justice, and the Office for Victims of Crime.
Foreword
Drafted under the direction of the Juvenile Justice Center of the American Bar Association, Beyond the Walls:
Improving Conditions of Confinement for Youth in Custody is a fitting response to Attorney General Janet Reno's
counsel:
America must not only take better care of its children before they get into trouble, but also not
abandon them when they get into trouble.
This Report is a virtual toolbox for community advocates and program administrators committed to enhancing
conditions of juvenile confinement. Some of the Report's tools may be used to help a young person obtain
needed education or treatment; others may empower those working to protect children from abuse and mal-
treatment.
Additional tools, like the Civil Rights of Institutionalized Persons A.ct, can be used by advocates to enlist the
Justice Department's aid in protecting the rights of children in custody. Others, like the Individuals with
Disabilities Education Act, address special education needs.
While some tools in Beyond the Walls will be familiar and others new, all recognize the lasting benefits of attain-
ing constructive change in juvenile offenders and the inherent risks of criminalizing, warehousing, and aban-
doning them. I trust we will use these tools effectively as we work together to meet the worthy goal set forth
by the Attorney General.
Shay Bilchik
Administrator
Office of Juvenile Justice and Delinquency Prevention
Acknowledgments
We are very grateful to a dedicated, multidisciplinary group of advocates who helped to conceive and compile
this handbook. We are especially thankful to all those who contributed to the writing and editing of each
chapter. Invaluable assistance was provided by Suzanne Alston and Bob Schwartz of the Juvenile Law Cen-
ter; Laureen D'Ambra of the Rhode Island Office of the Child Advocate; Margaret Bass, Julie Glynn, Jenna
Hamrick, Wendy Shang, and Jeff Shook of the American Bar Association Juvenile Justice Center; Marty
Beyer, clinical psychologist and juvenile justice consultant; Claudette Brown of School House Legal Services,
Advocates for Children and Youth; Susan Burrell, Mark Soler, Loren Warboys, and Mamie Yee of the Youth
Law Center; and Peter Leone, professor at the University of Maryland's Department of Special Education.
In addition, we are indebted to a number of agencies and individuals who provided pertinent information and
consultation: Robinsue Frohboese and Judith C. Preston of the Special Litigation Section, Civil Rights Divi-
sion, U.S. Department of Justice; the National Center for Youth Law; the Ombudsman Services of Minne-
sota; Joseph Tulman of the District of Columbia School of Law; Richard Bearup of Michigan's Office of the
Children's Ombudsman; the National Association of Protection and Advocacy Systems; the National Prison
Project of the American Civil Liberties Union; and the staff of each of the Protection and Advocacy Systems
that responded to our survey.
Finally, but not least, this handbook could not have been possible without the encouragement and support of
Shay Bilchik, Administrator of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and
John J. Wilson, Deputy Administrator of OJJDP. We also extend a very special thanks to Barbara Allen-
Hagen at OJJDP for her ongoing advocacy and commitment to this initiative.
The Authors
Table of Contents
iii
Foreword
Acknowledgments
List of Tables
ix
Introduction
xi
Civil Rights of Institutionalized Persons Act in Juvenile Correctional Facilities
1
Accessing CRIPA
2
The Role of Advocates
2
DOJ's Decision To Investigate
2
Conducting the Investigation
3
Settlement and Litigation
3
Monitoring Consent Decrees
4
CRIPA and Institutions for Juveniles
4
Using CRIPA To Improve Conditions
5
Conclusion
6
Checklist for Legal Reform and Using CRIPA
7
Summary of CRIPA Requirements and Typical Department of Justice Procedures
8
Use of Ombudsman Programs in Juvenile Corrections
9
Setting Up an Ombudsman Program for Incarcerated Juveniles
9
Child Welfare Ombudsman Programs
11
Adult Correctional Ombudsman Programs
12
Ombudsman Programs in Juvenile Justice
13
Conclusion
13
Checklist for Creating an Ombudsman Program
14
Educational Advocacy for Youth With Disabilities
15
The Individuals With Disabilities Education Act
15
IDEA and Juvenile Justice
16
Litigation Under IDEA
17
Table of Cases
17
Implications
21
Alternatives to Litigation
22
Conclusion
24
Checklist for Using IDEA
25
Protection and Advocacy Systems in Juvenile Corrections
27
The Statutory Programs
28
PADD
28
PAIMI
29
PAIR
29
A Survey of the P&A Systems
29
Conclusion
32
Checklist for Using P&A's
32
The Administrative Procedure Act in Juvenile Corrections
33
Distinction Between Rulemaking and Adjudication
33
Rulemaking
34
Adjudication
35
Using the Administrative Procedure Acts To Improve Conditions of Confinement
37
Conclusion
38
Checklist for the Rulemaking Process
38
Checklist for the Adjudicatory Process
39
Self-Assessment in Juvenile Corrections
41
The Self-Assessment Process
41
Consultant Model: Juvenile Detention Example
42
Working Group Model: Child Welfare Example
44
Conclusion
46
Checklist for Self-Assessment
47
Conclusion
49
Endnotes
51
Appendixes
Appendix A:
Additional Information and Contacts
A-1
Appendix B:
Text of the Prison Litigation Reform Act of 1995
B-1
Appendix C:
Significant Decisions Under §§ 802 and 803(d) (§§ 7(d) and (e)) of the Prison
Litigation Reform Act
C-1
Appendix D:
Text of the Civil Rights of Institutionalized Persons Act
D-1
Appendix E:
Survey of Ombudsman Offices for Children in the United States
E-1
Appendix F:
Key Provisions of the Individuals With Disabilities Education Act
F-1
Appendix G:
State Protection and Advocacy Systems
G-1
List of Tables
Recent Class Action Litigation Involving Educational Claims for Students
Table 1
With Disabilities in Juvenile Correctional Facilities
18
28
Summary of the Statutory Programs
Table 2
10