Judiciary Committee hears update about juvenile justice, foster care facilities

(Legislative update from State Representative Chris Freeland)

With the session starting in just a few days, we have finished this year’s 2022 Interim. The last Interim Joint Committee on Judiciary met last week to discuss a multitude of issues, including an update on the state’s juvenile justice facilities and a briefing from the Cabinet for Health and Family Services on a facility that provides psychiatric and therapeutic care to children in state foster care who require treatment.

Over the past year, the state has received multiple reports of incidents occurring in the state juvenile centers and foster care centers. Lawmakers are frustrated by concerns of lack of progress to improve the issues and are working to identify any legislative solutions. We can all agree that it needs to be a priority - Kentucky’s most vulnerable children deserve better and those working to help them should not fear physical harm.

The cabinet’s testimony was heartbreaking as lawmakers learned more about the investigation of the death of a 7-year-old boy at a facility in Louisville in July. The boy was in the custody of the state and died from positional asphyxia and ruled a homicide by the Jefferson County Coroner’s Office. According to reports two facility employees held the child in a chokehold. The facility fired the two employees, but there are questions about whether or not the employees will be charged with a crime. This tragedy followed significant warning signs, including 35 other cabinet investigations. While the facility is under scrutiny for this specific incident, they are also involved in a lawsuit based on reports that staff choked and abused another child at this facility. Committee members asked cabinet officials for further information in an attempt to understand why the cabinet continued to place children in this facility after 35 abuse and neglect investigations. Citing the ongoing investigation, cabinet officials provided limited information. However, according to testimony they have placed no additional children at the home and are working to move those already there to another location.

Unfortunately, there are reports of violence at other juvenile facilities across the state. Over the past year, it has become evident that the state’s juvenile justice system is riddled with problems leading to riots, fights, and physical danger to not only residents, but also staff and first responders. Officials from the Department of Juvenile Justice (DJJ) testified in front on the Legislative Oversight and Investigations Committee earlier this Interim after an August report of a fire and escape at a detention center in Jefferson County. At that time, legislators asked why DJJ houses male and female juvenile offenders together and requested the DJJ reconsider the practice. Lawmaker pledged that it would be a topic considered during the 2023 Regular Session.

Unfortunately, the situation became even worse in early November when a riot took place at the Adair County Juvenile Detention Center. Several staff and residents were injured after a juvenile attacked a staff member, took his keys, and set others free from their cells. During the riot, at least one sexual assault, and at least two individuals remain hospitalized. Shortly after, the administration announced that it would no longer house male and female offenders together. Sadly, for at least one victim that decision comes too late.

The DJJ was called to testify on the issue at last week’s Interim Judiciary Committee meeting. Committee members wanted to know why this continues to happen, especially after DJJ says they have a handle on the problems. According to DJJ, staff shortages are a major challenge that leads to less direct oversight and constructive efforts to help rehabilitate the youth in these facilities. Legislators will continue to investigate the DJJ because we want answers to why these problems continue to plague the facilities. Without a doubt it will receive our attention during the session.

As always, I hope you will feel free to contact me with any questions or issues. I can be reached through the toll-free message line in Frankfort at 1-800-372-7181. Please feel free to email me at Chris.Freeland@lrc.ky.gov. If you would like more information about the legislature, you can visit the Legislative Research Commission website at legislature.ky.gov.