Group sues juvenile detention center

LANCASTER - An advocacy group that works with the physically and mentally disabled filed a federal lawsuit Thursday against the Multi-County Juvenile Detention Center and its superintendent Dana Moore, saying the center repeatedly denied requests for private and confidential access to youth incarcerated there.

Disability Rights Ohio attorney Kristen Henry said the organization has been working with the detention center since July to gain access. She said state and federal law allows the DRO unfettered access to the youth, but that the detention center disagreed.

"Although MCJDC did take DRO representatives on a tour of the facility, they refused to allow us to speak confidentially with the youth about their experiences," Henry said. "We have real concerns that the youth are not being given a way to exercise their rights or voice concerns about possible mistreatment."

The lawsuit says MCJDC agreed to let inmates meet with DRO, but with conditions like informing the juveniles that they could terminate the interviews at any time, requiring that all interviews be recorded and that the recordings would be confidentially maintained by the DRO. Further, the recordings would have to be turned over to the center if needed to verify whether the interviews were appropriate.

DRO said it refused to abide by such conditions.

In the lawsuit, DRO said one issue involves the use of four-point restraint chairs and multiple benches used to restrain unruly youths. It said it wanted to speak confidentially with the youth to make sure the restraint chairs were used properly. The lawsuit alleges MCJDC staff and attorneys provided information and answered questions about the chairs, but that it is necessary to speak to the youth themselves to determine whether to determine if the staff and attorneys were giving them accurate information.

Attorney Steve Teetors represents the MCJDC and released a statement saying that the DRO allegations are not true.

"They were presented with everything they asked for, but then wanted to randomly select minors for closed-door interrogations without consent of the parents or guardians," he said. "We have a responsibility to these kids and their parents which we take very seriously and we will not violate their rights."

Through a series of executive orders, Gov. John Kasich designated DRO as the agency responsible for administering the system of protection and advocacy for the disabled. Calls to his office were referred to the Ohio Department of Youth Services.

DYS spokeswoman Kim Jump would not say whether DRO has a right to unfettered access to the youths at MCJDC.

"That's the question of the lawsuit," she said.

She said her agency makes sure places like the MCJDC are concentrating on helping the youth of Ohio.

The juvenile detention center, which houses juvenile offenders from Perry, Fairfield, Licking and Hocking counties, is run by a board composed of county commissioners from each respective county.

Fairfield County commissioner Dave Levacy said he didn't have a lot of information on the lawsuit to make a comment.

"But I can say I don't see this happening (denying DRO access)," he said. "I don't see this as a problem because the juvenile detention center is run very well."

Levacy said he would think if DRO was allowed access to the youth, it would be allowed to meet with them. Commissioner Mike Kiger would not comment, saying legal counsel advised the commissioners to refrain from doing so.

The detention center also faced a lawsuit in 2014 in U.S. District Court alleging some juveniles were subjected to harsh conditions. That case was dismissed last year.

DRO is also involved in a suit against the state to allow those living in intermediate care centers who want to move into the community to do so quicker. DRO said not everyone who lives in the centers, which are essentially nursing homes for those with developmental disabilities, wants to leave them, however.

The case was filed in March and last month DRO filed a motion to make it a class-action lawsuit.

jbarron@lancastereaglegazette.com

740-681-4340

Twitter: @JeffDBarron