The Section has investigated conditions of confinement in more than 100 juvenile facilities in sixteen states, and the Commonwealths of Puerto Rico and the Northern Mariana Islands. The Section currently monitors conditions in more than 65 facilities that operate under settlement agreements with the United States. The cases have involved both publicly and privately operated facilities, as well as conditions for youths being held prior to their juvenile court adjudication and those placed in facilities as a result of being adjudicated delinquent. The scope has ranged from single facilities to state-wide systems, from 30-bed detention centers to 700-bed training schools.
The investigations, and the subsequent settlements reached in most cases,
have focused on a number of important federal rights of juveniles, including
rights guaranteed by the Individuals with Disabilities Education Act, 20
U.S.C. § 400 et seq., the Americans with Disabilities Act,
42 U.S.C. § 12131 et seq., and youths' constitutional rights
to reasonable safety, adequate medical and mental health care, rehabilitative
treatment and education. Several of the cases have involved allegations
of staff abusing juveniles, preventable youth-on-youth violence, and excessive
use of restraints and isolation. The Section has made a priority
of ensuring adequate access to mental health treatment and has focused
attention on the special needs of very young juveniles, juveniles with
special medical problems, and on the myriad of problems created by crowding
in juvenile facilities.
For further information, follow the links below:
-- selected briefs filed in federal court
-- settlements or court decisions reached in juvenile facilities cases.