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Ohio Unlawfully Secludes Youth in Juvenile Facilities
The United States and private plaintiffs announced today that it has reached an agreement with the state of Ohio, under which the State Department of Youth Services (DYS) will dramatically reduce, and eventually eliminate, its use of seclusion on young people in its custody.
According to the Justice Department, DYS will also ensure that young people in its juvenile facilities receive individualized mental health treatment to prevent and address the conditions and behaviors that led to seclusion.
“Overreliance on solitary confinement for young people, particularly those with disabilities, is unsafe and counterproductive,” said Attorney General Eric Holder. “This agreement will help ensure that incarceration in Ohio’s state facilities is humane and that appropriate treatment is provided for young people with mental illness.
The Justice Department first investigated conditions at Ohio juvenile correctional facilities in 2007 and found constitutional deficiencies in the state’s use of physical force, mental health care, grievance investigation and processing and use of seclusion.
Between November 2013 and January 2014, data from the monitoring of both consent decrees revealed that Ohio had continued to use unlawful seclusion on youth at Scioto and in the other facilities.
As an interim measure prior to the elimination of disciplinary seclusion for youth, the state will dramatically reduce the conditions under which seclusion is allowed and the duration of seclusion.
The order requires the state to implement quality assurance measures to verify mental health treatment integrity, develop comprehensive assessments of youth, eliminate the use of disciplinary seclusion on youth with mental health needs, except for the most serious offenses, limit the amount and duration of disciplinary seclusion in the limited circumstances when it is permissible, conduct regular checks on youth who are secluded for safety concerns in order to release youth as soon as possible and perform individualized treatment plan reviews and modifications to address violent behaviors.
The agreed order resolves the United States’ claims in its motion for a temporary restraining order, as well as a motion for specific performance filed by the S.H. plaintiffs.
Key Facts
- State: Ohio
- Category: Public Corruption|Violent Crime
- Source: DOJ Press Release ↗
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