Federal review into Kentucky juvenile justice system leads to finger pointing in Frankfort
(The Center Square) – The federal investigation into how Kentucky treats those housed in state-run juvenile justice centers will hopefully “serve as a crucial wake-up call” for Gov. Andy Beshear and his administration, a state senate leader said.
However, Beshear was quick to push back.
State Sen. David Givens, R-Greensburg, issued the statement late Wednesday afternoon, hours after the U.S. Department of Justice announced its plan to review the state’s eight detention centers and one development center.
For nearly a decade, the Kentucky Department of Juvenile Justice has come under fire as media outlets have reported instances of children in state custody being the victims of physical and sexual abuse and even dying in state custody. There have also been reports that centers are severely understaffed and have been the sites for riots.
“In light of troubling reports of abuse at Kentucky’s juvenile justice facilities, including a violent sexual assault at the Adair County Detention Center, the Senate remains committed to addressing these serious issues,” said Givens, who serves as the Senate President Pro Tempore. “Our consistent advocacy for policy and budget reforms aims to rectify the ongoing crisis within the Department of Juvenile Justice.”
Givens cited a report released by state Auditor Allison Ball in January that found several recommendations from a 2017 independent review had not been implemented. In addition, the audit also found department procedures for isolating juveniles are not applied consistently, nor do they mesh with national standards. There were also concerns raised about staffing levels and the use of chemical agents and restraining devices.
“The findings from this review demonstrate a lack of leadership from the Beshear Administration, which has led to disorganization across facilities, and as a result, the unacceptably poor treatment of Kentucky youth,” Ball said at the time.
Beshear, a Democrat who first took office in December 2019, said in a statement that the administration and department will cooperate with the investigation.
He also called out the GOP-led General Assembly, saying state lawmakers did not provide funding for “two needed detention facilities” or for a special center for youths with serious mental health issues.
“Over the past four years, the administration has enacted the most extensive reforms to the Department of Juvenile Justice since its inception. These reforms include separating males and females into different facilities, separating those accused of significant crimes from status and lower-level offenders, providing significant raises to boost staffing and upgrading security. We have also required more training, created a compliance branch to monitor all facilities and have hired more psychologists, social workers and security experts,” the governor said.
The U.S. Justice Department will review whether children housed in the centers have been the victims of excessive force and have been adequately protected from various types of abuse. It also will look into how juveniles with mental health issues are treated.
Kristen Clarke, a U.S. assistant attorney general for the Civil Rights Division, said on average, a detained child spends nearly a month at a juvenile center. But even a shorter period in one can lead to traumatic “and potentially life-long consequences” for them, including failing school and reoffending upon release.
“Unlike the adult system, the juvenile justice system does not seek to punish children for breaking the law,” she said. “Rather, its goal is rehabilitation. Confinement should help children avoid future contact with law enforcement and mature into law-abiding, productive members of society. But too often, juvenile justice facilities break our children, exposing them to dangerous and traumatic conditions.”
There is no timeline for when the inquiry will be completed.
