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Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, March 12, 2014
Justice Department Seeks Temporary
Restraining Order to Stop Ohio Department of Youth Services from
Excessively Secluding Boys with Mental Health Needs
Today, the Justice Department sought a federal court order temporarily
restraining the Ohio Department of Youth Services (DYS) from unlawfully
secluding boys with mental health needs in its juvenile correctional
facilities. The requested order would require DYS to abide by
safeguards in its use of seclusion until a final ruling on the claims
that DYS’ seclusion practices violate the constitutional rights of boys
in DYS custody. In conjunction with its request for a temporary
restraining order, the department sought to expand its existing
complaint regarding the Scioto Juvenile Correctional Facility, to
include claims of unlawful seclusion at all of the DYS facilities.
The department’s request for a restraining order detailed the state’s
excessive use of seclusion, including the following information:
·
In the second half of 2013, the state imposed a total of almost 60,000 hours of seclusion on 229 boys with mental health needs;
·
One boy
spent
1,964 hours in seclusion over six months; the state gave another boy 21 straight days of seclusion;
·
Ten boys at one facility spent over 10 percent of their time in custody in seclusion;
·
While secluded, several boys were on suicide watch, had suicidal thoughts or hurt themselves.
“The Ohio Department of Youth Services must stop violating the rights of
youth in its custody through unlawful seclusion,” said Acting Assistant
Attorney General Jocelyn Samuels for the Justice Department’s Civil
Rights Division. “The way in which Ohio uses seclusion to punish youth
with mental health needs, victimizes one of the most vulnerable groups
in our society.”
“Ohio’s juvenile correctional facilities must comply with the Eighth and 14th
Amendments,” said U.S. Attorney Carter Stewart for the Southern
District of Ohio. “We will remain vigilant in protecting the
constitutional rights of all our citizens, particularly young people and
those with mental illness.”
“The facts in this case reveal a serious disregard for the rights of
young people with mental health needs in Ohio’s custody,” said U.S.
Attorney Steven M. Dettelbach for the Northern District of Ohio. “The
Ohio Department of Youth Services has a responsibility to ensure the
health and safety of these young people, including providing appropriate
mental health treatment, so that they can overcome challenging
behaviors and return to the community to become successful adults.”
Following an investigation under the Violent Crime Control and Law
Enforcement Act of 1994 and the Civil Rights of Institutionalized
Persons Act (CRIPA), the Justice Department issued findings in May 2007
detailing significant constitutional deficiencies regarding use of
physical force, grievance investigation and processing and use of
seclusion. In June 2008, the department entered into a consent decree
with the state to correct these deficiencies at the Scioto Juvenile
Correctional Facility. However, the recent discovery that DYS continued
to unlawfully seclude boys with mental health needs at Scioto Juvenile
Correctional Facility and had moved boys to other DYS facilities also
using unlawful seclusion prompted the department today to seek a
temporary restraining order and an order allowing it to add the
remaining DYS facilities to its complaint.
This case is being litigated by attorneys from the Special Litigation
Section of the Civil Rights Division, the U.S. Attorney’s Office for the
Southern District of Ohio and the U.S. Attorney’s Office for the
Northern District of Ohio. Copies of both motions and additional
information about the Civil Rights Division will be available on its website.