An oversight agency has filed a federal lawsuit against Kentucky’s Department of Juvenile Justice, alleging it is wrongly refusing to release records of two teenage boys it says experienced abuse and neglect at a state facility.
The lawsuit was filed Tuesday in U.S. District Court in Frankfort by Kentucky Protection and Advocacy, part of a federally-authorized, nationwide system charged with oversight of individuals with mental illness, intellectual or developmental disabilities, or other conditions.
That includes some youths in custody of Kentucky’s juvenile justice system, the lawsuit says.
“Given the ongoing reports of abuse and criticism of the care and treatment of DJJ youth, it is unacceptable that DJJ refuses to comply with federal law and is blocking this investigation,” Jeff Edwards, Protection and Advocacy director, said in a statement.
A spokeswoman for DJJ said that “protecting juveniles’ confidential information is a top priority.”
In order to obtain the records, Protection and Advocacy “must provide releases signed by the respective juveniles authorizing the production of youth records,” the spokeswoman, Morgan Hall, said in an email.
She added: “Legal counsel who represents juveniles in state custody regularly ask the juvenile to sign the release, and the department then complies, and the documentation is provided.”
The lawsuit is the latest allegation against the problem-ridden agency which has been buffeted for several years by accusations of abuse and neglect at the detention centers for youths charged with offenses and residential facilities that house those found to have committed crimes.
Last year, the U.S. Department of Justice launched a civil rights investigation into the conditions at eight of the state’s youth detention centers and one residential center. Also last year, Kentucky Republican Auditor Allison Ball released an audit of DJJ she said revealed “harsh and alarming conditions” in facilities.
Kentucky Gov. Andy Beshear, a Democrat, recently announced new policies meant to improve treatment of youths placed in isolation he said were recommended by federal justice officials.
The current lawsuit involves Protection and Advocacy’s efforts to get access to records of incidents involving two male residents, both 16, at the Adair Regional Youth Development and Detention Centers. Both have mental health diagnoses and are under jurisdiction of the oversight agency, the lawsuit said.
One went without medical care for two days despite suffering pain and swelling after he suffered broken bones in his arm and wrist in a fight with another youth, the lawsuit said. The other was sprayed by staff in the back of the head with pepper spray as he was walking away from an altercation with another youth, in violation of state policies on use of the chemical irritant, the lawsuit said. The youth overheard staff say, “Spray him, get him,” the lawsuit said.
Protection and Advocacy learned of the incidents from the youths during an Oct. 1 visit to monitor conditions at Adair. But when it asked for incident reports from the facility, the state denied the request, claiming the youths must authorize the release, the lawsuit said.
The oversight agency responded that under state law, youths under 18 cannot authorize release of such records and that federal law clearly states Protection and Advocacy shall have access to all records of a minor who has a state guardian and abuse or neglect has been alleged. Both youths are in custody of the state.
The lawsuit asked a federal judge to find the state’s refusal to release the records in violation of the law and order “full and immediate access” to the material.
This article has been updated to include a response from the Kentucky Department of Juvenile Justice.
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Written by Deborah Yetter. Cross-posted from the Kentucky Lantern.
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