Parents Want Infected Kids Out of Juvenile Detention Centers

A class action lawsuit has been filed against the Governor of Louisiana and other officials by parents claiming that Louisiana children who are confined to juvenile detention centers are not being taken care of due to the coronavirus outbreak.

The plaintiffs say that the Acadiana Center for Youth in Bunkie, Bridge City Center for Youth, Swanson Center for Youth Columbia, and Swanson Center for Youth Monroe need to comply with basic guarantees against cruel and unusual punishment amidst the coronavirus outbreak.

The parents claim that the juvenile detention centers need to release detainees that meet the criteria set forth in the complaint, determine whether confinement is appropriate for any other children in the youth detention centers, implement measures that will ensure the physical and psychological safety of the children who will remain in the centers, and provide the children with treatment for COVID-19 and rehabilitative services which are required by United States law.

According to the parents, it is not possible to isolate incarcerated people from the outside world and it is especially not possible to isolate them from each other. Social distancing is not feasible for individuals who are living in close quarters, who share bathroom and dining room facilities, or who sleep two or more to a room or cell, the plaintiffs go on to say.

The juvenile detention center class action lawsuit adds that it is impossible for those who are incarcerated to adhere to heightened hygiene measures because they live in close and crowded quarters, have limited access to sanitizing agents such as soap, and do not have the wherewithal to clean up their surroundings.

“Additionally, children in correctional facilities are particularly likely to have preexisting conditions making them medically vulnerable to COVID-19, including asthma, hypertension, obesity, diabetes, and the HIV infection,” the coronavirus outbreak class action lawsuit says.

In addition, the plaintiffs state that correctional facilities are not closed environments, as staff members come and go on a daily basis and interact regularly with those who have tested positive for the coronavirus as well as those who are healthy.

Correctional facilities are “hotspots” for the coronavirus transmission in the country, the class action lawsuit says. The plaintiffs state that, as of May 14, 28 of the incarcerated children and 45 staff in these Louisiana juvenile detention centers have tested positive for the coronavirus.

The parents note that The American Academy of Pediatrics has urged that facilities release all children who can be safely cared for within their community and place a restriction on new admissions to correctional settings.

Despite these recommendations, the complaint says that the Louisiana Office of Juvenile Justice (OJJ) has not significantly reduced the population of confined children and has failed to implement an updated policy that complies with CDC guidance related to the coronavirus outbreak.  

“Despite a high-risk environment and a 97% positive test rate among children who have been tested, OJJ has failed to test all children in their custody, failed to facilitate social distancing, failed to restrict transfer among facilities, failed to carefully monitor those who have tested positive, and failed to provide for the basic hygiene of confined children,” the detention center class action lawsuit asserts.

The plaintiffs claim that the OJJ has ignored the recommended CDC guidelines and has placed the children at a substantial risk of serious harm, including death. In addition, the plaintiffs state that the OJJ has placed facility staff members and their families at serious risk of contracting the coronavirus.

In addition to these significant failures, the parents allege that the OJJ is not providing the children with the rehabilitative services to which they are entitled under state and federal law. 

The plaintiffs state that the OJJ has adopted widespread use of isolation in order to reduce the amount of coronavirus cases in their facilities, which can exacerbate underlying trauma disorders. In order to do this, counseling and other therapeutic services and recreation have been substantially limited.

The plaintiffs state that returning the children to their homes is the best way to protect them from contracting the coronavirus and is in both the best interests of the children and the public at large.

The defendants “have failed to take the necessary steps to preserve the physical safety and mental health of the class members, have affirmatively placed the class members at substantial risk of serious harm, and deprived them of their rights to reasonably safe living conditions and to rehabilitative treatment,” the juvenile detention center class action lawsuit states.

How do you feel about releasing children from detention centers? Leave a message in the comments section below.

The plaintiffs are represented by Mercedes Montagnes and Nishi Kumar of the Promise of Justice Initiative, Marsha Levick, Jessica Feierman, and Karen U. Lindell of the Juvenile Law Center, Stuart Sarnoff, Lisa Pensabene,  Laura Aronsson, Mariam Kamran, Brandon Amash, Benjamin Singer, Jason Yanof, and  David Lash of O’Melveny & Myers LLP, and John Adcock of Adcock Law LLC.

The Louisiana Juvenile Detention Class Action Lawsuit is J.H., et al. v. John Bel Edwards, et al., Case No. 3:20-cv-00293, in the U.S. District Court for the Middle District of Louisiana.

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