IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

FILED IN CLERK'S 01-rie U.3,0,C, . Atlanta
MAR 1a i593
LUTHER S. THOMAS;

THE UNITED STATES OF AMERICA,
Plaintiff,
v. THE STATE OF GEORGIA, THE GEORGIA BOARD OF JUVENILE JUSTICE, and THE GEORGIA DEPARTMENT OF JUVENILE JUSTICE,
Defendants.

U.S. v. Georgia
JI-GA-002-003 ) Civil Action ) No.
98-CV- 836

COMPLAINT
The United States brings this action, pursuant to 42 U.S.C. § 14141, to remedy a pattern or practice of conduct by officials or employees of the State of Georgia with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives juveniles confined in Georgia's secure juvenile justice facilities of rights, privileges or immunities secured or protected by the Constitution and laws of the United States.
JURISDICTION AND VENUE 1. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1345. 2. Venue in the United States District Court for the Northern District of Georgia is proper pursuant to 28 U.S.C. § 1391.

PARTIES 3. Plaintiff THE UNITED STATES OF AMERICA is authorized to maintain this action pursuant to 42 U.S.C. § 14141. 4. Defendant STATE OF GEORGIA ("Georgia" or "State") is responsible for the administration of juvenile justice in the State. Georgia operates, or contracts for the operation of, all secure juvenile justice facilities in the State. This action concerns the administration of all such facilities, including:
A. All of the State's Regional Youth Detention Centers and the Fulton County Detention Center (operated by Fulton County on behalf of the State pursuant to a contract). These facilities house youths awaiting adjudication in juvenile court or postadjudication placement in other State facilities or programs. B. All of the State's Youth Development Campuses, including those operated by private contractors. These facilities house juveniles in State custody who are confined for periods of time established by the juvenile courts. This includes both youths sentenced to a term of years and youths sentenced to short-term programs such as boot camps. 5. Defendant GEORGIA BOARD OF JUVENILE JUSTICE establishes the general policy to be followed by the Georgia Department of Juvenile Justice; provides leadership in developing programs to rehabilitate juveniles committed to state custody; and is
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responsible for the promulgation of all rules and regulations necessary and appropriate to the administration of the Georgia Department of Juvenile Justice, including the operation of the secure juvenile justice facilities.
6. Defendant GEORGIA DEPARTMENT OF JUVENILE JUSTICE is responsible for providing for the supervision, detention, education, medical care, mental health care and rehabilitation of juveniles committed to the State's custody in secure juvenile justice facilities.
FACTUAL ALLEGATIONS 7. Defendants are governmental authorities with responsibility for the administration of juvenile justice or the incarceration of juveniles within the meaning of 42 U.S.C. § 14141. 8. Defendants have engaged and continue to engage in a pattern or practice of failing to provide adequate general and vocational educational services and other rehabilitative treatment to the juveniles confined in the State's secure juvenile justice facilities. 9. The juveniles residing in the State's secure juvenile justice facilities include youths with mental illness, mental retardation, and other learning disabilities who fall within the meaning of "handicapped children" as defined in the Individuals with Disabilities Education Act, 20 U.S.C. § 1401(a)(1), and "individual [s] with a disability" as defined in Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 706(8)(B).
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10. Defendants receive federal financial assistance and, as such, are subject to Section 504 of the Rehabilitation Act of 1973 and the regulations promulgated thereunder.
11. Defendants have engaged and continue to engage in a pattern or practice of failing to provide adequate special education and related services to the juveniles confined in the State's secure juvenile justice facilities by, among other things, failing to identify properly juveniles requiring special education and related services and failing to develop and implement adequate individualized education plans and programs.
12. Defendants have engaged and continue to engage in a pattern or practice of failing to provide to qualified juveniles with disabilities in the State's secure juvenile justice facilities the necessary education plans that specify accommodations to meet their educational needs.
13. Defendants have engaged and continue to engage in a pattern or practice of failing to provide juveniles confined in the secure juvenile justice facilities with adequate medical and mental health care.
14. Defendants have engaged and continue to engage in a pattern or practice of failing to ensure that juveniles in the State's secure juvenile justice facilities are adequately classified, housed and supervised to protect them from harm and to provide appropriate care and treatment.
15. Defendants have engaged and continue to engage in a pattern or practice of failing to protect juveniles confined in
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the State's secure juvenile justice facilities from staff abuse including, among other things, excessive use of force and arbitrary disciplinary practices.
IS. Defendants have engaged and continue to engage in a pattern or practice of failing to meet the basic care needs of juveniles in the State's secure juvenile justice facilities by, among other things, failing to provide sufficient living and sleeping space, or sufficient numbers of trained staff to supervise adequately the juveniles, render essential care and treatment, or provide sufficient exercise and other out-of-cell activities.
VIOLATIONS ALLEGED 17. Through the acts and omissions alleged in f1 8 and 13 - 16, defendants have engaged in a pattern or practice of conduct by officials or employees of a governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives juveniles confined in Georgia's secure juvenile justice facilities of rights, privileges, or immunities secured or protected by the Constitution of the United States, including the Fourteenth Amendment. 18. Through the acts and omissions alleged in 11 9 - 12, defendants have engaged in a pattern or practice of conduct by officials or employees of a governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives juveniles confined in
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Georgia's secure juvenile justice facilities of rights, privileges, or immunities secured or protected by the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1401 ££ seq. , and the regulations promulgated pursuant thereto, and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 e£ seq. , and the regulations promulgated pursuant thereto.
19. Unless restrained by this Court, defendants will continue to engage in the conduct and practices set forth in 11 8 - 16 that deprive juveniles confined in Georgia's secure juvenile justice facilities of rights, privileges, or immunities secured or protected by the Constitution of the United States and federal law, and cause irreparable harm to these juveniles.
PRAYER FOR RELIEF 20. The Attorney General is authorized, pursuant to 42 U.S.C. § 14141, to seek appropriate equitable and declaratory relief. WHEREFORE, the United States prays that this Court enter an order permanently enjoining defendants, their agents, employees, subordinates, successors in office, and all those acting in concert or participation with them from continuing the acts, practices and omissions set forth in 11 8 - 16, above, and to require defendants to take such action as will provide legal and constitutional conditions of care to juveniles confined in Georgia's secure juvenile justice facilities and any other secure facility in which defendants confine juveniles or any other facility to which defendants transfer juveniles adjudicated to
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their custody for secure confinement during the pendency of this action. The United States further prays that this Court grant such other and further equitable relief as it may deem just and proper.
Respectfully submitted,
JANET RENO Attorney General/of thfe

RICHARD H. DEANE, JR. United States Attorney Northern District of Georgia

BILL LANN-LEE '"

\

Acting Assistant Attorney General

Civil Rights Division

\

BEVERLY B. MARTIN United States Attorney Middle District of Georgia

STEVEN H. ROSENBAUM Chief Special Litigation Section

HARRY D. DIXON, JR. United States Attorney Southern District of Georgia

MELLIE H. NELSON Deputy Chief Special Litigation Section

DAVID WRIGJ Assistant U.S. Attorney Northern District of Georgia 1800 U.S. Courthouse 75 Spring St., S.W. Atlanta, GA 30335 (404) 581-6286 Georgia Bar No. 777730

KEVIN K. RUSSELL JUDY C. PRESTON SHELLEY JACKSON Trial Attorneys U.S. Department of Justice Civil Rights Division Special Litigation Section P.O. Box 66400 Washington, D.C. 20035-6400 (202) 305-4584

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FILED IN CLERK'S OFFICE
U.S.Q.C. Atlnta

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA

R ..., Uhr{ 1 ° \1i-i

ATLANTA DIVISION

LUTHSft D, THGM»S.

THE UNITED STATES OF AMERICA,
Plaintiff,
v.
THE STATE OF GEORGIA, THE GEORGIA BOARD OF JUVENILE JUSTICE, and THE GEORGIA
DEPARTMENT OF JUVENILE JUSTICE,
Defendants.

)
)
) ) ) ) ) Civil Action ) No.
) J 9fl~ C V ~
)

836

JOINT MOTION FOR CONDITIONAL DISMISSAL Plaintiff, the United States of America, and Defendants, the State of Georgia, e_£. al. , having entered into the Memorandum of Agreement attached as Exhibit A, move pursuant to Fed. R. Civ. P. 41(a)(2) for an order conditionally dismissing this action. The dismissal would be conditioned upon Defendants' achieving substantial compliance with the terms of the Memorandum of Agreement. The parties request that the Court place this case on its inactive docket until further order of the Court, while retaining jurisdiction over the case until a final dismissal with prejudice. Under the terms of the Memorandum of Agreement, " [i] f the State fails to substantially comply with the terms of this Agreement, and if efforts to resolve and mediate the enforcement dispute pursuant to t 13 8 are unsuccessful, the United States maytake appropriate legal enforcement action, including filing a

motion to restore the case to the Court's active docket."

Exhibit A at 1 137. The Memorandum of Agreement also includes

procedures and standards for termination of the Memorandum of

Agreement. Exhibit A at 11 140 - 142.

For the foregoing reasons, this Court should enter an order

conditionally dismissing this action. A proposed order is

attached.

Respectfully submitted,

FOR THE STATE OF GEORGIA:

FOR THE UNITED STATES:

THURBERT E. BAKER Attorney General Sta£e of GeorgJ

BILL LANN LEE Acting Assistant Attorney General Civil Rights Division

.MlLSTE^N Chief/Deputy Attorney General Ge&LPgia Bar No. 509820 DENNIS R. DUNN Deputy Attorney General Georgia Bar Nc. 234098 WILLIAM C. JOY Senior Assistant Attorney
General Georgia Bar No. 405500 MICHAEL COHEN EGAN Assistant Attorney General Georgia Bar No. 174650

STEVEN H. ROSENBAUM Chief KEVIN K. RUSSELL JUDY C. PRESTON SHELLEY JACKSON Trial Attorneys U.S. Department of Justice Civil Rights Division Special Litigation Section P.O. Box 66400 Washington, D.C. 20035-6400 (202) 2^5-4584

DAVID WRIGHT Assistant U.S. Attorney Northern District of Georgia 1800 U.S. Courthouse 75 Spring St., S.W. Atlanta, GA 30335 (404) 581-6286 Georgia Bar No. 777730

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DECEIVED IN Cl£RK'S OFFICE
'.I S.O.C. &"*"•
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C*ou» Clark

I N rmE U N I T E D S T A T E S D I S T R I C T C O U R T
FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

THE UNITED STATES OF AMERICA, Plaintiff,
v.
THE STATE OF GEORGIA, THE GEORGIA BOARD OF JUVENILE JUSTICE, and THE GEORGIA DEPARTMENT OF JUVENILE JUSTICE,
Defendants.

)

) )

)

)

)

) Civil Action

) No.

)
)

«
1

9o8-CV- 8 3 A

)

u

ORDER

Having considered the Joint Motion For Conditional Dismissal

and Memorandum of Agreement attached to that motion, the Court

hearby conditionally dismisses this action pursuant to Fed. R.

Civ. P. 41 (a) (2) . The dismissal is conditioned upon Defendants'

substantial compliance with the terms of the Memorandum of

Agreement.

IT IS ORDERED THAT the Clerk of the Court shall place this

case on inactive status until further order of this Court, which

shall retain jurisdiction until final dismissal. The Clerk is

directed to notify the parties of entry of this Order.

Dated the

day of

, 1998.

United States District Judge

 
 FILED IN CLERK'S OFFICE
U.S.Q.C. Atlnta

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA

R ..., Uhr{ 1 ° \1i-i

ATLANTA DIVISION

LUTHSft D, THGM»S.

THE UNITED STATES OF AMERICA,
Plaintiff,
v.
THE STATE OF GEORGIA, THE GEORGIA BOARD OF JUVENILE JUSTICE, and THE GEORGIA
DEPARTMENT OF JUVENILE JUSTICE,
Defendants.

)
)
) ) ) ) ) Civil Action ) No.
) J 9fl~ C V ~
)

836

JOINT MOTION FOR CONDITIONAL DISMISSAL Plaintiff, the United States of America, and Defendants, the State of Georgia, e_£. al. , having entered into the Memorandum of Agreement attached as Exhibit A, move pursuant to Fed. R. Civ. P. 41(a)(2) for an order conditionally dismissing this action. The dismissal would be conditioned upon Defendants' achieving substantial compliance with the terms of the Memorandum of Agreement. The parties request that the Court place this case on its inactive docket until further order of the Court, while retaining jurisdiction over the case until a final dismissal with prejudice. Under the terms of the Memorandum of Agreement, " [i] f the State fails to substantially comply with the terms of this Agreement, and if efforts to resolve and mediate the enforcement dispute pursuant to t 13 8 are unsuccessful, the United States maytake appropriate legal enforcement action, including filing a

motion to restore the case to the Court's active docket."

Exhibit A at 1 137. The Memorandum of Agreement also includes

procedures and standards for termination of the Memorandum of

Agreement. Exhibit A at 11 140 - 142.

For the foregoing reasons, this Court should enter an order

conditionally dismissing this action. A proposed order is

attached.

Respectfully submitted,

FOR THE STATE OF GEORGIA:

FOR THE UNITED STATES:

THURBERT E. BAKER Attorney General Sta£e of GeorgJ

BILL LANN LEE Acting Assistant Attorney General Civil Rights Division

.MlLSTE^N Chief/Deputy Attorney General Ge&LPgia Bar No. 509820 DENNIS R. DUNN Deputy Attorney General Georgia Bar Nc. 234098 WILLIAM C. JOY Senior Assistant Attorney
General Georgia Bar No. 405500 MICHAEL COHEN EGAN Assistant Attorney General Georgia Bar No. 174650

STEVEN H. ROSENBAUM Chief KEVIN K. RUSSELL JUDY C. PRESTON SHELLEY JACKSON Trial Attorneys U.S. Department of Justice Civil Rights Division Special Litigation Section P.O. Box 66400 Washington, D.C. 20035-6400 (202) 2^5-4584

DAVID WRIGHT Assistant U.S. Attorney Northern District of Georgia 1800 U.S. Courthouse 75 Spring St., S.W. Atlanta, GA 30335 (404) 581-6286 Georgia Bar No. 777730

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 DECEIVED IN Cl£RK'S OFFICE
'.I S.O.C. &"*"•
0 w30 -• Tri-:ViA£,CWk 01/1.
C*ou» Clark

I N rmE U N I T E D S T A T E S D I S T R I C T C O U R T
FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

THE UNITED STATES OF AMERICA, Plaintiff,
v.
THE STATE OF GEORGIA, THE GEORGIA BOARD OF JUVENILE JUSTICE, and THE GEORGIA DEPARTMENT OF JUVENILE JUSTICE,
Defendants.

)

) )

)

)

)

) Civil Action

) No.

)
)

«
1

9o8-CV- 8 3 A

)

u

ORDER

Having considered the Joint Motion For Conditional Dismissal

and Memorandum of Agreement attached to that motion, the Court

hearby conditionally dismisses this action pursuant to Fed. R.

Civ. P. 41 (a) (2) . The dismissal is conditioned upon Defendants'

substantial compliance with the terms of the Memorandum of

Agreement.

IT IS ORDERED THAT the Clerk of the Court shall place this

case on inactive status until further order of this Court, which

shall retain jurisdiction until final dismissal. The Clerk is

directed to notify the parties of entry of this Order.

Dated the

day of

, 1998.

United States District Judge

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

UNITED STATES OF AMERICA, Plaintiff,
vs. THE STATE OF GEORGIA, et al.,
Defendants.

) CIVIL ACTION NO. ) ) 1:98-CV-836-JEC ) ) ) ) JOINT MOTION TO AMEND ) THE ORDER OF CONDITIONAL ) DISMISSAL ) ) ) ) ) )

In March 1998, the United States Department of Justice and the named Defendants reached a settlement agreement (“Memorandum of Agreement” or “MOA”) concerning allegations of civil rights violations at secure juvenile justice facilities operated by the Georgia Department of Juvenile Services. On March 18, 1998, the United States simultaneously filed the Complaint underlying the present case as well as a Joint Motion for Conditional Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(2). The MOA was included as an exhibit to the Joint Motion for Conditional Dismissal. On March 31, 1998, this Honorable Court signed an Order that placed the case on inactive status, and retained jurisdiction of the case until the State has satisfied the terms of the MOA.

On June 30, 2008, the Parties agreed to a modification of the MOA (“Modification”), whereby certain provisions shall no longer be subject to monitoring, and creates an independent monitor to be paid by the State to verify compliance with the remaining agreement provisions. The Modification, attached as Exhibit 1, supplements and amends the MOA.
Accordingly, the United States and the State of Georgia move this Honorable Court to amend its Order of March 31, 1998 by adopting the attached proposed Modified Order of Conditional Dismissal.
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DATED this 22nd day of July, 2008.

Respectfully submitted,

FOR THE UNITED STATES:

DAVID E. NAHMIAS United States Attorney
s/Daniel A. Caldwell DANIEL A. CALDWELL Assistant U.S. Attorney Northern District of Georgia Georgia Bar No. 102510 600 Richard B. Russell Bldg. 75 Spring Street SW Atlanta GA 30303
Telephone: (404) 581-6224 Facsimile: (404) 581-6181 dan.caldwell@usdoj.gov

GRACE CHUNG BECKER Acting Assistant
Attorney General Civil Rights Division
SHANETTA Y. CUTLAR Chief Special Litigation Section
JUDY C. PRESTON Deputy Chief Special Litigation Section
s/Amie S. Murphy JOSHUA C. DELANEY AMIE S. MURPHY LAURA M. WELP Trial Attorneys U.S. Department of Justice Civil Rights Division Special Litigation Section 950 Pennsylvania Ave, NW Washington, DC 20530

Telephone: (202) 616-2446 Joshua.Delaney@usdoj.gov Amie.Murphy@usdoj.gov Laura.Welp@usdoj.gov

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FOR THE STATE OF GEORGIA: Thurbert E. Baker Ga. Bar No. 033887 Attorney General Mary Beth Westmoreland Ga. Bar No. 750150 Deputy Attorney General s/Joseph Drolet Joseph Drolet Georgia Bar No. 231000 Senior Assistant Attorney General s/L. Todd White L. Todd White Georgia Bar No. 754555 Assistant Attorney General
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Modification of the Memorandum of Agreement

EXHIBIT 1

Between the United States of America and the State of Georgia

Regarding Conditions at Georgia Juvenile Justice Facilities

Originally Filed in Civil № 1:98-CV-836 in the United States District Court for the District of Georgia: March 18, 1998; As Amended: June 30, 2008

Modification of the Memorandum of Agreement Between the United States and the State of Georgia
Concerning Georgia Juvenile Justice Facilities
This agreement modifies the terms of the Memorandum of Agreement between the United States and the State of Georgia filed on March 18, 1998 (MOA). The MOA is attached as Exhibit A, and is incorporated by reference herein.
1. Statement ofPurpose of this Modification
It is the intent of the parties to modify Section XI. MONITORING AND ENFORCEMENT of the MOA in its ent!rety and substitute this Modification as it relates to all issues regarding monitoring, enforcement and termination of the MOA. The Parties agree that based upon Georgia's substantial compliance with the terms and requirements of certain provisions of the MOA, the citations contained in the areas or Education, the Office of Investigations and Apprehensions' responsibilities for investigating child abuse investigations, and the Office of Continuous Improvement have been released from any further monitoring or verification, and will not be subject to this Modification. This Modification provides the process to be followed by the Parties to deteiTn.ine substantial compliance in the Georgia Juvenile Justice Facilities related to all remaining citations in the MOA and the mechanism for dismissal with prejudice of the lawsuit United States v. Georgia, U.S.D.C. Northern District of Georgia, Case No. 1 98-CV836.
2.
Definition of Terms
DOJ: The United States Department of Justice, Civil Rights Division, its agents and employees.
Effective Date: The effective date shall be the date the parties file the Amended Joint Motion for. Conditional Dismissal pursuant to paragraph ten (10) ofthis agreement.
Parties: The parties ~o this Modification are the DOJ and the State of Georgia (DJJ).
Juvenile Justice Facility(ies): This term describes and is limited to the Georgia Regional Youth Detention Centers (RYDC) and the Georgia Youth Development Campuses (YDC).
MOA Citation: The individual agreed upon requirements listed in the MOA, as modified by subsequent agreements of the Parties, other than Education, Investigations and Apprehensions and Quality Assurance.
Monitoring: The process for inspection of the selected Juvenile Justice Facilities to include, but not limited to, the review of records, youth interviews, staff interviews, and site visits of specified duration.
1

Verification: After monitoring and evaluation by the Monitor, substantial compliance by the Georgia DJJ will be determined based upon all the facts discovered and the independent professional opinion of the Monitor. A finding of substantial compliance by the Monitor will be considered verification and lead to termination of the MOA.
Substantial Compliance: Maintenance of compliance in a subject area of the MOA for a sustained period of time. With regard to an individual Georgia Juvenile Justice Facility, substantial compliance in a subject area is achieved if any violations are minor or occasional, and are not systemic. On a systemic level, substantial compliance is achieved so long as, when evaluating DJJ's system as a whole, any noted deviations from specific MOA requirements at individual Juvenile Justice Facilities does not frustrate the essential purposes of the Agreement. Noncompliance with mere technicalities, or temporary failure to comply during a period of otherwise sustained compliance will not constitute failure to maintain substantial compliance. At the same time, temporary compliance during a period of sustained noncompliance shall not constitute substantial compliance, but may be considered by the Monitor when considering overall systemic substantial compliance.
3. The Monitor and Monitoring Team
The Parties have jointly selected David W. Roush, Ph.D. as the Monitor under this Modification Agreement. The Monitor has selected, and the Parties have agreed, to the following subject ~. matter experts to serve as members of the Monitoring Team: Anne McCulloch Nelson, Rodney Erwin M.D., and Yvonne M. Friday, M.D.
4. Termination or Replacement of Monitor or Team Members
The Monitor or members of the Monitoring Team may be terminated only for good cause and only with prior notice to and approval of both Parties. Good cause shall include any violation of State or federal law which reasonably calls into question the Monitor or Monitoring Team member's fitness to continue serving as a member of the Monitoring Team. If the Monitor or a member of the Monitoring Team is terminated or becomes unavailable, the Parties shall determine jointly whether a replacement is needed, and if so, jointly select a replacement within thirty (30) days ·of the member's termination or unavailability. The Monitor shall be well qualified with education, training and experience in the field ofjuvenile justice. In the event the Parties do not agree upon the need for termination or a replacement, the Parties agree to submit the resolution of this matter to dispute resolution through binding arbitration.
5. Independence ofMonitor and Monitoring Team
Neither Party, nor any employee or agent of either Party, shall have any supervisory authority over the Monitor's activities, reports, findings or recommendations.
2

6. Duties and Responsibilities of the Monitor

a. Monitor Access

The Monitor and the Monitoring Team shall have full and complete access to the selected DJJ Juvenile Justice Facilities for the purpose of monitoring and evaluation of said facilities related to outstanding provisions of the MOA. Records, reports and interviews with youth and staff shall also be made available from the selected DJJ Juvenile Justice Facilities. Either Party may choose to attend any of the selected site visits but will not participate or attempt to influence the monitoring process. Either Party may provide information or documents to the Monitoring Team that may be relevant to the MOA.

b. Monitor Ex Parte Communications

The Monitor shall be permitted to initiate and receive ex parte communications with both

Parties.

'

c. Privilege

This Agreement shall not be deemed to waive the attorney/client, attorney work product, deliberative process, or any other privilege applicable under State or federal law. The State shall not assert physician/patient or psychotherapist/patient privileges with respect to the monitoring or enforcement of this Agreement.

d. Costs ofMonitoring

The costs for the services of the Monitor shall be paid for by the State. The Monitor shall have a budget and staff sufficient to carry out the responsibilities described in this Modification Agreement. The Parties will review and agree to the Monitor's proposed budget prior to the expenditure of any funds. In the event of the need for subsequent visits or expenditures not included in the initial budget, DJJ will review and approve the proposed additional budget items prior to the expenditure of any funds. In the interest of expediting the selection and contracting processes for the Monitoring Team, the State will be exempt from local contracting procurement regulations and all such regulations will be considered waived for this purpose.

e. Site Selection for Monitoring

The Monitor shall inspect six (6) DJJ Juvenile Justice Facilities, which shall include random inspections of DJJ Juvenile Justice Facilities for compliance with MOA citations relating to medical care mental health care, and protection from harm. These DJJ Juvenile Justice Facilities will be chosen randomly by the Monitor using a process approved by the Parties. Each site shall be required to produce up to (6) six months of documentation related to the MOA citations being reviewed, at the discretion of the Monitor. If the Monitor determines that the State has -failed to achieve substantial compliance with this Modification Agreement at two (2) or more selected DJJ Juvenile Justice Facilities, the Monitor shall, subject to all other provisions of this

3

agreement, inspect an additional two (2) DJJ Juvenile Justice Facilities to determine if the same

substandard conditions exist at those facilities.

·

f. Duration of Site Visits

These monitoring visits shall last in duration no more that five (5) consecutive days at a site. Subject to the provisions of paragraph 10, there shall be no more than one visit per selected site, and the time frame for all visits, monitoring activities and reports on compliance shall be no more than nine (9) months from the Effective Date of this agreement.

g. Report of Site Visit

After each site visit the Monitor shall provide a verbal report to the Parties followed by a written report stating the results of the monitoring and the status of compliance with the operative provisions of the MOA. This written report shall be provided within thirty (30) days following each site visit. Each Party may request clarification on any item or finding and provide additional information for the Monitor to consider for inclusion into a revised report.

h. Limitations on Public Disclosure by Monitor or Team

Except as required or authorized by the terms of this Agreement, or the parties acting together, the Monitor or a member of the Team shall not: make any public statements (at a conference or otherwise); issue findings with regard to any act or omission of the State or its agents, representatives or employees; or disclose non-public information provided to the Monitor or a member of the Team pursuant to this Agreement. Any press statement made by the Monitor or a ·. member of the Team regarding his or her employment must first be approved by the Parties.

i. Privileged or Confidential fuformation

Legally confidential or privileged information or documents obtained pursuant to the MOA shall not be disseminated or released to any person not a party to the MOA, unless consented to by the Parties or otherwise required by law.. Both Parties will adhere to the requirements of state or federal law governing disclosure of confidential information by a government agency, department or employee including the Privacy Act, 5 U.S.C. §552a, and the Freedom of fuformation Act "FOIA," 5 U.S.C. § 552. In the event of a request for materials pursuant to FOIA, DOJ shall notify the state of all such requests prior to the release of all materials and agrees to assert all applicable exemptions in protecting materials in this matter.

j. Monitor's Records

The Monitor is not a state or local agency or an agent thereof, and accordingly the records maintained by the Monitor shall not be deemed public records subject to public inspection.

4

k. Testimony by Monitor or Team
Other than this lawsuit as between the United States and the State, the Monitor shall not testify in any litigation, legislative or other proceeding with regard to any act or omission of the State, DJJ or any of their agents, representatives, or employees, nor testify regarding any matter or subject that he or she may have learned as a result of his or her performance under this Agreement. In this lawsuit as between the United States and the: State, either party may call the Monitor as a witness. Neither Party will call the Monitor as their own expert or designate the Monitor as their own expert pursuant to the federal rules of civil procedure. The scope and purpose of the Monitor's testimony shall be left to the discretion of the Court. Other than this lawsuit as between the United States and the State, reports issued by the Monitor shall not be admissible against the State in any proceeding for any reason. In this lawsuit as between the United States and the State, the admissibility into evidence of the Monitor's reports, or portions thereof, shall be governed by the Federal Rules of Evidence, and the Parties reserve all rights to either seek admissibility or object to admissibility of those reports. In the event of a proceeding before a court, in which the court needs to determine. whether or not the Monitor has performed any contracts or subcontracts for monitoring this Agreement, such testimony as is necessary for the determination of such issue(s) may be allowed, in the discretion of the court, notwithstanding this paragraph.
7. DOJ Access
The DOJ shall have access to the selected DJJ Juvenile Justice Facilities, and to the records, staff and residents of those fl:\.cilities. The DOJ shall have the right to conduct visits to said facilities, up to but no more than two (2) unannounced visits, provided that the DOJ will notify the State upon arrival at a facility, and of any plans to interview residents, former residents and the parents and caregivers of residents and former residents. The DJJ shall be present at witness interviews with management-level staff. In light of the anticipated difficulty in locating witnesses outside of DJJ facilities, and in coordinating these witness interviews, the DOJ shall provide notice and permit the DJJ reasonable access to interviews with former residents, parents and caregivers of residents and former residents, and non-management-level staff, provided that these individuals do not object to the presence of the DJJ representatives. The DOJ shall have the right to conduct confidential interviews with current facility residents. The Monitor's findings as to substantial compliance shall be independent of DOJ information gathering and the Monitor shall be the full and final factual determination of compliance.
Consistent with its law enforcement obligations, nothing in this Agreement shall preclude the DOJ from initiating new investigations of any juvenile justice facility in this State.
5

8. Mediation ofDisputes
The Parties shall conduct good faith discussions to resolve any dispute ansmg under this Agreement and may agree in writing to adopt a resolution to the dispute. If the Parties are unable to reach agreement within thirty (30) days the Parties will submit the dispute to mediation. The Monitor shall select a mediator within ten (10) days. The Parties shall attempt in good faith to mediate the dispute for a minimum of thirty (30) days prior to initiating a court action to resolve the dispute. In the event the immediate health and safety of youths is at risk, the DOJ shall attempt to expeditiously reach agreement with the DJJ regarding emergency conditions, but reserves the right to seek immediate judicial relief.
9. Termination ofthe Agreement
Within nine (9) months of execution of this Agreement, the Monitor shall complete site visits and reports of each of the selected facilities and prepare a final comprehensive written report on system-wide compliance by the DJJ. This finding will be based on the site visits, records and professional opinion as it relates to the citations reviewed by the Monitor. The State shall maintain six (6) months of documentation related to the MOA citations being reviewed to permit the Monitor to assess substantial compliance. Each Party may request clarification on any item or finding and provide additional information for the Monitor to consider for inclusion into a revised final report. For purposes of this Agreement, the burden shall be on the State to demonstrate substantial compliance. The Monitor's findings as to substantial compliance shall be independently determined by the Monitor and will be the full and final factual determination of substantial compliance. If substantial compliance is found with respect to all or only certain remaining sections, DOJ will jointly stipulate with the State of Georgia to a dismissal with prejudice of the lawsuit referred to in this Modification Agreement or to termination of those sections for which there was a finding of substantial compliance. This stipulation will be entered into within thirty (30) days after the final comprehensive report is received by the Parties. The Parties may agree to extend this time period for good cause.
If there are deficiencies identified by the Monitor that result in a finding of a failure to reach substantial compliance, DJJ will develop and implement an appropriate remedy to cure any deficiencies within three (3) months. Upon implementation of the remedies, DJJ will notify the Monitor of the need to reevaluate substantial compliance. Notwithstanding paragraph 7.f., the Monitor may, in his or her discretion, conduct a return site visit(s) at select facilities found to have deficiencies to review documents, and!or conduct interviews to reassess substantial compliance in order to determine whether the deficiencies have been cured. Within thirty (30) days of receipt of notice to reevaluate, the Monitor shall reassess substantial compliance and issue a written report. Upon a determination by the Monitor that substantial compliance has been achieved with respect to those citations found deficient, DOJ will jointly stipulate with the State of Georgia to a dismissal with prejudice of the lawsuit within thirty (30) days. This process may continue until substantial compliance with all remaining sections of the MOA has been reached.
6

This agreement and the MOA shall terminate no later than twelve (12) months from the effective date of this agreement. If the Monitor has determined that the State has not achieved substantial compliance with all citations, the Parties may agree to reasonable extensions of the MOA, until such time as the State has achieved substantial compliance in the remaining citations. If, after reasonable extensions of time and good faith efforts to resolve any remaining areas of noncompliance, the State fails to achieve substantial compliance with all citations, the DOJ may move the court to reactivate the complaint.
Upon execution of this Agreement by both parties and within thirty (30) days, the DOJ shall file an Amended Joint Motion for Conditional Dismissal of the complaint pursuant to Federal Rule of Civil Procedure 41(a)(2). A copy of this Agreement shall be attached to the Amended Joint Motion for Conditional Dismissal and that motion shall request that the court dismiss the complaint upon the State's substantial compliance with the terms of the MOA, as modified by this Agreement. The Parties expressly declare that this provision shall not be interpreted to provide for active judicial supervision.
10. Notice to State and Opportunity to Cure
If the DOJ believes that the State has failed to fulfill a significant obligation under this Agreement, the DOJ will, prior to seeking judicial action to enforce the terms of this Agreement, give written notice of the failure to the State. The State shall have thirty (30) days from the date of such notice to cure the failure, or such additional time as is reasonable due to the nature of the issue and agreed upon by the Parties, and provide the DOJ with sufficient proof of its cure. At the end of the thirty day period, or such additional time as is reasonable due to the nature of the issue and agreed upon by the Parties, in the event that the DOJ determines that the failure has not been cured, the DOJ may seek judicial action without further notice other than notice required by the Federal and local rules of civil procedure. The Parties commit to work in good faith to resolve disputes and to avoid enforcement actions.
11. Notice
"Notice" under this Agreement to DJJ shall be provided by courier or overnight delivery and shall be provided to the Governor of Georgia, the Attorney General of Georgia and DJJ. "Notice" under this Agreement to DOJ shall be provided by courier or overnight delivery.
7

12. Subheadings
All subheadings in this Agreement are written for convenience oflocating individual provisions. If questions arise as to the meanings of individual provisions, the Parties shall follow the text of each provision.
13. Construction ofTerms
This Modification Agreement reflects the entire agreement of the parties and supersedes any prior written or oral agreements related to the issues described in this document. No extrinsic evidence whatsoever may be introduced in any judicial proceeding to provide the meaning or construction of this Modification Agreement. Any modification to the terms herein must be in writing and be signed by the attorney's for both Parties.
14. No Waiver for Failure to Enforce
Failure by either Party to enforce this entire Agreement or any provision thereofwith respect to any deadline or any other provision herein shall not be construed as a waiver of its right to enforce other deadlines or provisions ofthis Agreement.
15. Severability
In the event any provision ofthis Agreement is declared invalid for any reason by a court of competent jurisdiction, said finding shall not affect the remaining provisions ofthis Agreement.
IT IS AGREED BY:

Date Commissioner Georgia Department of Juvenile Justice

r. sistant Attorney General State of Georgia
This _ _ _ day of_ _ _ _ _----" 2008.
8

Date

. (}

~

"'

FOR THE UNITED STATES:
~~Ae~ ciCECHUNG BECKER Acting Assistant Attorney General Civil Rights

~vh/oo

JOSHUA C. DELANEY

bate

AMIE S. MURPHY

LAURA M. WELP

Trial Attorneys

U.S. Department of Justice

Civil Rights Division

Special Litigation Section

950 Pennsylvania Avenue, N.W.

Washington, D.C. 20530

9

GXH161T A

Memorandum ofAgreement Between the United States and the State of Georgia.

Concerning Georgia Juve:Qile Justice Facilities

TABLE OF CONTENTS

I. INTRODUCTION -1-

IL DEFiNITIONS -3-.

III. GENERAL PROVISIONS -8-

IV. EDUCATIONAL SERVICES -8-

A. General and Vocational Education -9-

B. Special Education -12-

C; Staffmg -15-

D. Staff Training -16-

E. Educational Quality Assurance -16-

.Y. MENTAL HEALTH CARE -16-
·A,1niake Screening and Assessment -17-

B. Evaluatfon -19-

C.! :Pia~enient -2.0-

n:r ~ ;

• •

T~b~trnent -21-

:E'.· SuiCide Prevention -24-
. : .··
:F. ~taffmg -25-

'
d:

S't~ffTraining

-27-

ft: Q't:tality Assurance -2-8-

ifr.:MEDICAL CARE -28-

A: Admissions Screenings and Physicals -29-

~: .
B. SiCk Call-29-
C. Treatment -29-

. '..

':E·. shffing -31-

. ' .·. ,,

·F,·.

·staff
'

Training

-32-

:G:.' QJ~ity Assurance -33-.

VIf PHYSICAL·AND PROGRAMMATIC CAPACITY -33-

f': '. >.;'.:
A. $taffing and Staff Training -34-

~\. ·p~pulation and Physical Plant Capacity -35-

. ':

~/

1) Ri~k Assessment Standards -:35- ·

2} Capital Improvement and Expansion -37-.

V:IIi.·. P·.ROTECTION'FROM HARM -38-

X:
.) .

'b].~~~ification
...

-38-

·i{

.s~i~rvision ..

~fYouth

-38-

c: U~e ·of Force -38-.·

: ·~~ ....·:., ': : .

.

ri:.:Pfcitection from Staff Abuse·-40~

·. · . . . ·.

I.· X.

OT. HER

GENERAL

CORRECTIONAL .

MATTERS

-44~

I;, ...:,;;,

A..~,· nWcipline -44~

;:: :1:·,.

.

B.' Boot Camp Admissions and Practices -45-

c: . ·' Grievance Proced'ures -46-

p; Miscellaneous Correctional Issues -46-

Xi JU\r;ENILE JUSTICE QUALITY ASSURANCE -47-
. : '• . .~ .:
Xr.:·MONITORING -51-

A. Roie ofthe OPB Monitor-51-
. :. '\.
:B;:: MO:citoring by the United States -52-
d:.Pl~ Development and Enforcement -53-
~....:'..·,'·.·.. ....·\.....

---------·-··----------------
~ • •• ·.•,; ! •
/. ·.
'D.-Resolution of Enforcement Disputes -56.;
E. Termination of the Agreement -57-
''fo._pp~ndix A -AI-
.... t
App~ndix B -B 1.:
'::
Appendix C -C1-

A:ppendix D -D1-

.. . ~-

,•

~ppendix E -E1-

· .. ·
.. ,•. ·.·. 1~: INTRODUCTION

MEMORANDUM OF-AGREEMENT

·. . .

On March 3, 1997, the United States notified Governor-Zell Miller and other Georgia offj.cials of its intent to

inv~st_igate various juvenile facilities in the State of Georgia under tlie Civil Rights of Institutionalized Persons

Act; 42 U.S.C. § 1997a, et ~.• and the pattern or practice provision of the Violent Crime Control and Law

!

E;nforcement Act, 42 U.S.C. § 14141. By letter dated March 6,.1997, Governor Miller notified the then-Acting .A~sistant Attorney General for the Civil Rights· Division that the State, through its Department of Juvenile J~sti~~ ("DJJ"), would fully cooperate with this review.
·.. . ~ ~

. During its year-lc~mg investigation and inspection of facilities, the United States received complete cooperation and access to all requested documents and facilities from.DJJ Commissioner Dr. Eugene P. Walker, the staff of DJJ, and the Georgia Attorney General's office.

on·H;bruary i3, 1998, the United States, through the Acting Assistant Attorney General for the· Civil Rights Diyision, issued a findings letter in which itconcluded that certain conditions in Georgia's juvenile justice facilities allegedly violated particular constitutional and federal statutory rights ofjuveniles.

Immediately upon their receipt of the United States' findings letter, Governor Miller,· Co:rillnissioner Walker, the
Georgia Attorney General, and their respective staffs expressed their intent to cooperate With the United States it~; an··;~ffort to address the findings contained in the February 13, 1998, letter.

· The parties ·Iiave engaged in good-faith negotiations to reach agreement on this Memorandum of Agreement
{h,ereinafte~ referred to as the "Agreement"). The parties agree that the provisions of this Agreement are·:.-,·.:\: n~¢essary to ensure compliance with federal law, while also preserving the State's legitimate and significant'1•!.<

. interests in public safety, fadlity security, arid in determining the philosophy by which it shall operate·-its-: :.;

j:uvenile justice system within federal constitutional and statutory limitations. ,'',~ ;. : .:,

-- · ·--::

F~~ermore, in entering into this Agreement, the parties have given substantial consideration to its impact on

public .safety and the operation of the juvenile justice system, and believe that this Agreement is narrowly drawn

to provide the least intrusive means necessary to address the issues identified in the United States' investigation · withont adversely affecting the State.'s significant interest in protecting the safety ofthe citizens of Georgi~:~<:-' ~.lt-

thiough the use of secure juvenile detention facilities.

·

The·Dmted States further agrees that once juveniles are detained in State facilities, the State of Georgia has: :a

:d~ht to itnpose policies and procedures for the protection of the public,' the staff ofDJJ, and the juveniles..within

' .: ·• ~

. :

-
,'

..

---·-··-.·- ·.. .. ··---·-·-. ·-· --·· ·-···-~-~------ ---· ····-······ ·····-----·- ...............---·-·--·----------····-----------------·-··------··-·-··· ·---- -··-····- ·----· . ····-·:;·;:.n

. : •:- ! . ~

the State's custody. The parties agree that the relief provided in this Agreement extends no further than is

necessary to ensure protection of youths' federal rights, and that so long as the State's policies and procedures·

ate in accordance with federal laws and meet constitutional standards, the State of Georgia has the right to::·:;;.

.-d;eterpiine the philosophy by which it shall operate its juvenile justice system.

. . ·...... -_,.;~·::n

:-· ·. . ~- ..

The Vnited States further recognizes that its letter notifying the Governor ofthe results of its investigation fo'cused, by virtue of statutory requirements, on conditions the United States believed to violate federal-law ·ahd~

'therefore, did not fully discuss positive aspects of the State's juvenile justice system or improvements to th:e-·'::; ·

'qua:lio/ ofthe State's juvenile justice programs in recent years. The purpose of this Agreement is to effectuate

and continue that progress for the benefit ofyouths in the DJJ systeJ? and the citizens of the State of Georgia.

' ..

. . .'·. ~ '

TI.' DEFINITIONS
::.•.·::'

T.' "Department" or "DJJ" shall mean the Georgia Department of Juvenile Justice~ "Department of Juvemle·

Justice· facility" or "DJJ facility" means any secure juvenile facility operated by, or on behalf of, the Georgia·· ..

DepaJ;tment of Juveirile Justice, and shall include all Regional Youth Detention Centers ("RYDCs"), 90-day

:programs (including boot camps), and Youth Development Campuses ("YDCs"), including those facilities'.:

operated by private contractors for the State.

. · .. ·:

·2. "Drrect care staff' means staff involved in the daily supervision ofyouth, and include Juvenile Corrections ;

Officers and their supervisors, security staff, and cottage life supervisors.

·· ·

......

3;t!'Lbng-term securitY unit" means any higher security unit with locked cells used for housing youths wn6 ::.
the e~bit behavior problems for more than 72 hours. This shall include, but not be limited to, the Detention·un.i'f;·)
at' Macon YDC, Unit 14 at the Bill E. Ireland YDC, and the "Brig" at the Irwin YDC, and similar units in

other :facilities.

·

· .. , . ' .~:: :.~~:;1~~;·,

·~i_'l.:r•:rvfijor disciplinary infraction" means a violation of a facility rule that imposes.~ serious risk of: (a) hirth' td

pietsons; (b) substantial damage to property; or (c) breachoffacility security.

. .~:-::...:

• o ;.,

I:,!':: l ~~ 0

. j . A ''mental health and suicide risk screening" means, at minimum, an interview with a youth and revibw. o~

available records, in accordance with a DJJ screening instrument and relevant policies; to identify ii:rutiediaty.

r :· mentai
~-~·=_:.-~-~:.

health

and

suicide

risks

upon

admission.to

a

DJJ

facility.

.

.

...

: '"!
! ..

.,,.

~J)\:i~fuental health evaluation" means, at minimum, a complete initial psychological or psychia~c evalu~ti6A~

perfo'imed by a psychiatrist or psychologist, and any additional psychological or psychiatric testing, in · · · :>

Mcordance with professional standards. . ·

·

. ' ~ ·. . .·. ~ .

.

·

··· : ·· ·

.

7. A "mental health needs assessment" means, at minimum, an interview and review of available records anc(·:

other pertinent information by a mental health professional with at least a master's degree in a mental-healtlf:

related field, designed to identify significant mental health treatment needs to be addressed during a youth's ·

confinement.

.

.

.

.. . ..~ ·, :-:

.·.;,\• ···:.·•"

8~:A ·"plan of correction" shall mean a plan detailing steps to be taken by a facility to correct deficiencies· ·t;:'i~\t· ·"

identified during quality assurance activities, and shall include a timetable for implementation of the ·corrective

measures and a schedule for timely reinspection by the quality assurance auditors to verify 'that the corrective.. ..

pieasures have been implemented and have effectively addressed the deficiencies.

· .· ··· · ·

.

,. <:·n·:·:. : ·. !~·~{· r6

9:~~.;;Q.Jalified mental health professional" or "QMHP" means a professional with education, training and '·:._...:
expetience adequate to perform the duties required in accordance with professional standards. At m~illjf; a
QMHP must have a bachelor's degree in a mental health-related field. When the QMHP is required to pro.Vid.e .
ind~vidual counseling to mentally ill youths, the QMHP shall have at least a master's degree~ a mentalli~a,lfh.:­ ~~1i3.ted field and appropriate training and experience in the provision of mental health .counseling.

·: ... .1,', .',,

~ -~·· ~.

~-:;

. .•
' ...:.·.-.:.-. i l":'

._;-:-···-·::-:----·--·-·---.--·--..···-----------·-----··--· .. ·-
~I : ,.',,\ • ,·

.... -------·-~-:----·--r:;:-;-;:·::·r:--·
: <.":,. ;:~·-:: ~

)Q. '.A 11Quality Assurance Program" shall have, at mini~um, the following components:
:-•.\. . "

:~::".Co:t;npreh~nsive audits by qualified professionals of relevant programs at each DJJ facility to monitor · ..

;c:ompiiance with DJJ policies and the tetm.s of this Agreement. A comprehensive audit shall be conducted at .... ,

dtch'facility within one year ofthe i:rn,plementation of the quality assurance plan, and on a bi.:.annual basis

thereafter. A comprehensive audit shall include, at minimum:

· ·· ·'' ·'
·... : :

i Review of a relevant documents (for example, medical, mental, institutional records; incident, ·Use of force,

OC spray, and disciplinary reports; grievances; unit logs, room check records, appointment books; lesson plans,

I~:i?s; test results; behavior management and treatment plans). Records shall be reviewed for both adequac.y..qf. ,;

.dO'c~entation and for quality of services.
.;.: ..... .

· ·

· · · · · .: · ·

. :.:. ·:. ~-i\· :.'

ii:'Iri,t~rviews with relevant staff, including not only those staff dir~ctly invoived in the service being audit¥,4~·.....'i:

put arso other staff who may have relevant information, including administrators.

·....~ ~·'\

·'irL.Interviews with youths.

..·:l ,. :· .

. ._;._. '

.i~: Observation of relevant activities (sucp. as treatment team and IEP meetings, classes, admission scr~enihgs,

:¢~~cational testings, physicals, etc.).

.· · ·

.. · . · ':

:.. ·. • . ·..

'i

.

y·FSt~ps to deterinine whether there are youths in the facility who should be receiving the relevant service. bu.~

aie not, including random re-evaluations of recent intakes and interviews of line staff who may be aware of

yqu~~ who should be, but are not, receiving .the relevant service.

. ~: ~: ..,

.

· . . . : ~ ..

vL Written :findings and the development of plans of correction. yij. Review of the adequacy of each facility's internal quality ~surance activities when relevant.

. .. ,I,
...~

btRe~lar unannounced sit~-visits, in addition to comprehensive audits, t~ monitor compliance withD~J.i)'t':~~;·~s,

· po}ici~.s and the terms of this Agreement, and to conduct other quality assurance activities.

·: ·.. ;'-:-; ·";::.· ·.

.;('t.:-·:: t

•

• .

•

. ;·~.- ··:

.

.

.. ·-:::~1\i~:

c~.·Monitoring and review of serious incidents relevant to the area of care supervised by the quality asswan,.ce.

p~ogram, in accordance with written guidelines that determine when such review is triggered·. Such revieW~~ha.IL

fu.»ol:Ye debriefmgs with relevant staff to determi.J;J.e whether·policies, practices or training should be modified:'to

~?nii_J.ize the risk of such events in the future.

·

,1,• • •

d.~'s~~tem-wide and facility-based collection and analysis of relevan~ data to. measure' compliance with nil-.:~.:

p'9iicies and the terms ofthis Agreement.

· ·

·

. ·. ·. · •:::·r:·'{?:=

\::~:-:..· ;~ ·..

. ... ·.

e... Quarterly reports siunmarizing quality assurance activities, fmdings and recommendations.

..: :··' ·:: ...:..:

.

,

.

.:r.

~ : ! • , : ·, :.

i ..

ITt GENERAL PROVISIONS

11. This Agreement shall apply to the administration of all DJJ facilities.

12'. The State shall be responsible for assuring the fulfillment of all responsibilities and obligations impose~..PY

this Agreement upon State employees, contractors, departments or other sub-units of the State government~·; ......

ll:icludirig
( :~· :· . ·. ;.

provision of adequate
.

resources

for

the
.

fulfillment of these
.

responsibilities

and

obligations.

·.' ::,. ·..' ..~. :.., .. . ·: ·. ·. ;) !·'.

IV~
. ~~·: ·~

EDUCATIONAL
. ·:

SERVICES

~- ·.;:;:

...

·:~:-.'

'..

·..

' .
~-:

. ·: ·..·: ~\ :."-. t.; ~-. ·.' }.t.:
:·. ~: ~- .',~~~-1til:l

- - . ···---~;-··.·

.. ,·:'
....:~
: ', ::::·~.;·:I

:1.3. The State shall proyide all youths confined in the DJJ facilities with adequate gen~ral, vocational and i<,·.,:;.;·:"J

:specicil education in compliance with the Fourteenth Amendment ofthe United States Constitution, the Iii.d,ivid.uals with Disabilities Education Act (''IDEA"), 20 U.S..C. §§ 1400 et seq, and regulations promulgat~d
there1.mder, Section 504,29 U.S.C. § 794, and regulations promulgated thereunder, Title II of the Amed9ans·

.with.Disabilities Act ("ADA"), 42 U.S.C. §§ 12131:.12134, and regulations promulgated thereunder, Georgia

'state· law, and this Agreement.

·

· ·

.. ·~.

A. General and Vocational Education

... '•

.

·14. The Department shall recruit and hire,.from outside the Department, a Director of Education, who shall be

highly qualified for the position. The Director shall begin employment on or before August 1, 1998. The· · Department shall provide the Director of Education with ~ufficient statf and resources to perform the tas¥s·.

;r~quired·by this Agreement, including: ·

·:' ·.....

. '.i ·. .,
,of :a.•,..Oversight of the educational prograJ:ll:llling in all DJJ facilities, including development and implement~ti01i

policies and training programs.
:.-.

'

. . ·.:: ·

b..Monitoring whether educational staffing and resources are sufficient to provide adequate education to ~ll)Ji

youths and to ensure compliance with this Agreement; .

.

. ·.

~!·:.~dvelopment and implementat~on o.f a quality assurance pro~am for ed~bational s·ervices.

· :. >'t(. . . .. :·: ..
. :· . .J

~~·J_::: ":.,;

::;~~,:i\·:-~d

f5,. The Director of Education shall, in consultation with the State Department of Education, develop.aph~~.i.!~:..

~plyment a curriculum for instruction in DJJ facilities that meets the requirements of Georgia law foq)ub1i8 ..

schools and the rules and regulations of the State Board ofEducation for the provision of regular, special and

vocational education services.

16. The Department shall not be eligible for waivers of any State Board of Education requirements if the ~aiver

; .

woul~ result in a reduction in the amount or quality of educational services required of other public schoo~s.
: ..

i .17; The Department shall offer preparation for testing and testing that leads to the attainment of a General . .

Educational Development certificate to qualified students in YDCs and all other qualified youths who have ·

Men confined in DJJ facilities for at least 6 months. If a youth is released before completion ofthe testing,. the Departm~nt shall ensure that he or she is provided with appropriate information on how to complete the.·:.. .~..:,.

examii:J.ationprocess.

.:'{1::~.··.

.

.

'

. . . · ' ..._.:;1:'Ji

. . •'

18. Within 72 hours of admission to a DJJ facility, each youth shall receive adequate educational testing to :· ·· ·
determine educational level for class assignment and the possibility of eligibility for special education seP!id~~..r

A~l y0uths shall be enrolled in educational programming within 72 hours of admission, even if educationa( .· .· :'

tes?ng or special education evaluation has not been completed.

·

· ··· ·· ·.t •

••, •'

<

· i~.:..To the extent possible, students shall be assigned to class~s according to educational criteria.

·. :::.

:,'•,

I

26:. The Department shall maintain daily school attendance records. The Department shall devis~ apprcipri:~t~' ·

6iiteria for the exclusion of students from school and maintain a document that lists the number and names 6f

aJTsfudents who were excluded from school. The Department shall also record the name of the youth excluded,

the name of the person who authorized his or her exclusion, the reason for his or her exclusion, and the duration

of;tlie. exclusion.

.. .. ·....

·'. .... . . . ~

21·:·The Director of Education shall develop and implement policies for the provision of a reasonable level of·

educational services to youths who are (a) in disciplinary isolation or (b) otherwise unable to attend school for a ·

significant period of time..

.. .

··:.;: ......

. : ~.. ~j .•

. ------···-··--·····-·---· .. \,;

22. The Department shall provide adequate classroom space, administrative space, instructional and readmg:-.. ·

materials,

and

supplies

so

that

the

Department

shall

be

ab~e

to

implement

the

provisions

of this

Agreement. .,;· .....

:

•' :

23. In accordance with state law, the Department shall provide an appropriate curriculum such tha,t all youths

Will be eligible to receive academic credit. arid educational advancement for their educational achievements at a DJJfa:cility according to standards equivalent to those used by the public schools. The Department shall ptovt~e

appropriate records to the local scho'ol$ to facilitate transfer of such credits according to the general practice of ·

public schools in Georgia. The Department shall undertake efforts to encolirage schools to recognize cours'e ·· . · .

:vork completed in the DJJ educational system.

_ii(. The Department shall provide all youths with adequate information regarding the procedures to be fo119vved

in':order to return to the youth's· home,.or another, school. The Department shall provide a youth's schoolre.cords

<to·::the superintendent of the school system to which the youth returns, and will make such records available:to

'alifcither school upon request.

·

::·: · •..: L,.

·. .:. ....

•'·f: ..

B. Special Education

2S. The Director of Education shall develop and implement policies and procedures, consistent with federal··.·· ...

regulations, to identify students who are receiving special education services in their home schools, or who. may be· eligible to receive special education services but have not been ~o identified in the past. The procedures::shall

mclude:

·.. ·..·:·. ·: r

a:/Gili.delines for interviewing students to determine past receipt of special education services.

. ;:-~.. ~. ~-. :

n. :·· :·.-...~ . .!}i

b:·_Protocols,

developed

in

conjunction

with

local

school

districts

and

•
the

State

Department

:: ' • ) .1
ofEducation,:for;;;tk~i.?

exp·eciitedreporting of speciill education status of students entering a DJJ facility.

· · :.-,: -~;f.

:·:'i ·... . .

:: ;~·: ;.f

c:··:Procedures identify~g criteria under which staff or teachers must refer a student for evaluation for special:· :

ec:lucation eligibility, including identifying criteria under which youths whose behavior has led to repeat~~-· ..

~~~l~s~ori from class must be referred for evaluation. ·

· · ;::~~:J3;_;:,:;:.

a>:P.o1icies describing the required activities ~f Student Support Team pre-referral and support team·:fu:ri6-ij6AJ::

:· ;·t~:l.~ ..;:

.

. : ~ ' ·_:' . -

e;·Policies describing the requirements for comprehe~sive evaluation procedures to determine eligibilitY for : ..·.

s~_eci~ education services.

.

0

0
r

0
: '

f. Poli~ies education.

describing ·

the .

criteria

for

multidisciplinary . ·

team

decision-making

regarding

eligibility

fo~

speci~l.
· "<

.
.:

';

26: The Department shall ensure that qualified professionals participate in the process for determiriing spediill.'~· ·:

education eligibility, as required by federal regulations.

·. ·· · ,

2?~ Ifa.youthis discharged from any DJJ facility before the ed~cational evaluation required in, 25(e)-(±)~ {{: .
cq_inplete, the Department shall forward to the superintendent of the youth1s receiving school district all· ··_··:; ~:.':.!;:..

iriforiliation regarding screening and evaluations completed to date, noting what evaluations are yet to b~. '·~~'.~-:-::.~·_.,

p~if01;1Iied.
.

.

.

.

· · -..' .
,: ··.:

2~·j.' The Department shall substantially implement pre-existing valid Indi~idual Education Plans ("IEPs") aid~' ·

when no such IEP is in existence, shall hold team meetings to develop an IEP for qualified special educ~tiqP,_ , ,

stUdents in accordance with federal regulations.

.

. ·.

·.. ''=:·.··:~:-: ·
. ...·. ;:.;·

;iQ_..:;

in. "

'develop~g

or

modifying

a

n

lpP

,

the

D~partment

shall

assure

.that

th

e

IEP

r~flects

the

individu~izecl:'.~·/:i.,·:.·-,···

···:. ,\,:

;. . .I,

••• • ·' ~

. : .:

~ ~ .. .: :' • 0

•

.educational needs of the student.

........ ~ : •• .l. . 0

... '•:

·: . '

'I ,,!.1\1

,'',":. ·:··.

30. When the nature or severity of a student's disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily, the Department shall provide an appropriate alternate educational s~tting.

31. Each IEP developed 'or modified at a DJJ facility shall include documentation ofthe team's considera~ion of
the youth's need for related services and transition planning. The Department shall employ or contract with;::;:'·
·approprjate professionals to ensure the timely a:vailability of related services to youths in all DJJ facilities~: · . · ·

.

.

3';2. the Director <?f Education shall develop and implement a system to promote parent, guardian, and ~tm:o'gate

parents' involvement in IEP development and placement meetings. This shall include, at minimum, holding ·'·.:..·:.:..

.such meetings through teleco:IIilllunications technology or during times reasonably calculated to accommodak:..

·tll_e schedules of parents and guardians. The Department shall post notices in each facility stating the rights of·.

stUdents, parents, or guardians regarding education services, including special education services:

· ·

~.~~~·.:·;·~·.

~c~ Staffmg

~...... •

:

.: 0 ... : :'.

. . .

.

. .

:

...

~.
.

~....

33. The Director of Education shall develop and implement ru:i education staffing plan to ensure adequate· st~ff.

tb 'comply with the terms of this Agreement, and in accordarice with Appendix B. This plan shall provide;·a:t ~.· ~

minimum:

.

.

: . . . ~; . -~

;,

a. Sufficient numb~rs of certified general education and certified special education teachers and staff, inchidmg
substitute teachers and staff, to provide all youths with the opportunity to attend school full-time (except·as:',; ::.!;
provided in ~ 21) and to obtain adequate educational services, and to provide teachers with sufficient tii:ne ~to :····
·pian lessons and grade assignments, participate in special education meetings, and where applicable, Uiidertake ·

ad..,..m. i.nistrative tasks.

·

·;'··~..

:: .
. ·.. : ?::.;.~{=!·:i.:. :

.b.~.:sufficient psychologist services to provide psychologist participation in the·deve~opment ofiEPs, ·: ~- :::. ;_;;..
.. a.a;nwstration of psycho-educational assessments, consultation ~th t~achers and staff, and individ~l . <··~:~,·~5:··

.equn:seling related specifically to issues in youths' IEPs and educational platl.s.
~ .. .'

·:. ··:. i;;

c:; Sufficient numbers of other counseling staff in all DJJ facilities t9 adequately complement fue couns.eihlg\ ·

services provided by the school psychologist.

.... :: ':' :.~

·.. ,, d. An individual at each facility who shall be responsibl~ for ensuring compliance with all provisions in tiD:s. .

Agreement related to educational services.

·

·

·

.

· ..:

D: 'St::~,ff Training

34·: The Director of Education shall design and implement annual in-service training requirements for educatioil st~ff, of not less than four days per year, to enhance their ability to ·implement their duties under the provisions

of this Agreement. This shall include, but not be limited to, training regarding the identification of students.-who.

may need special education and/or related services.
•

.

' -:: .'.: :.

l •••: :!:i::.

. .

.

·. _·:··.-:.:...-:..: .

E;'.Educational Quality Assurance

-:·.-:.{·':" . ·::.: ., ...

3S.; Tl).e Director of Education shall be charged with quruity assurance of all educational services at all of the:.- .::

juV._~~le facilities. The Director ofEducation s~all develop .and implement a written quality assurance progr$.

•• :.~··· • •

•

0

0 •••

. •.

·----~·~----·---
.· .~

..~ : ·.'

This program shall include a system of on-going review by the Director's office of at least a representative···.:·:-:~ .

sampie ofiEPs developed or modified in DJJ facilities to monitor quality and assure compliance with the....:.- ··.-..-.

;r~quir.ements ofDJJ policy and the IDEA.

·

- ::';.;·,:;:.·

·.!

V.JVIENTAL HEALTH CARE
..· :-··.

3"6. The Department shall ensure that adequate mental health care and treatment services are provided to youths

in all PJJ facilities.

·

·

·

·: ::-: ·.:

31. The Department shall recruit and hire, from outside the Department, a Director of Mental Health, who shall

be highly qualified for the position. The Director shall begin employment on or before August 1, 1.998. The- ·.' .

Department shall provide the Director of Mental Health with sufficient staff and resources to perform the tasks

requiied by this Agreement, including:

·

· · :··..::

a;· Oversight of the mental health care and treatment services in all DJJ facilities. This shall i.n,clude developiri6nt

and implementation of:

. ·

. . .

·

.- ... :'.

i.}olicies and training programs.·

il:'Prqgrams a,nd services required to meet the mental health needs of youths, which may include progi-8.i;.D.s·. ' .. _:

relati~g to drug and alcohol abus~, histories of sexual or physicai abuse, and sexual offenders,

: - ··.
: ··. ::: ~\:~~~

b·;· Monitoring whether mental health staffmg and resources are sufficient to provide adequate mental health care

~d ~~atmerit services to all DJJ youths and to ensure compliance yvith this Agreement.

··;.:::

c:. Development and implementation of a quality assurance program for mental health care.

::·· ..· .

.

N Intake Screening and Assessment ..

·.·

...•

~

jig·_. The Mental Health Pirector shall develop and implement a mental health and suicide risk screening:: .' ..;,) ;r:i/ \·

instrUment for use in all DJJ facilities. The Director shall also develop and implement a training program for .· ·

sfu.,ffw: ho will administer the screenings.

·

.

:

·

. ··

">.::~:.

·
"

39. Iri accordance with the policies and screening illstruments developed by the Director of Mental Health~ a: ·.:_.-;... qilalified mental health professional shall conduct an intake. screening .for each youth as soon as practicable:·' ·:·::_: .:·~

upon admission to any DJJ facility. When no $UCh professional is on site to conduct the screening, it shall be: · ·

qonducted by another staff member who has received specific training in conducting such assessments. The .. . ·

s~aff member shall as soon as is practicable then contact the DJ.ental health professional and confer.

.

YDC . 40.; 1:i-~c-cordance with policies developed by the Director of Mental Health, each yquth admitted to a

shall receive a timely mental health needs assessment. The mental health professionals who administer thi:( ...:-.

. ~sess~ent shall receive spedfic training in conducting ·such assessments.

·.. · · : ;:=~ <.:;~ !\.' .

.4.1. A psychologist must review-and sign the mental health needs assessment. Pursuant to protocols issued.qy
the Director of Mental Health, the psychologist shall make appropriate referrals for further evaluation or ·
treatment, or take other appropriate steps.

•

0

••

42. The Director of Mental Health shall issue protocols to assure appropriate action when an intake screening

indicates that a youth is taking, or prior to admission may have been prescribed, psychotropic medications_. l;'l:;U~

shall include appropriate steps to contact the prescribing psychiatrist when necessary and referral to the facilltY"s

psychiatrist for evaluation.

· ·

·· ·;: ·.. ·...

-- ... . ," .. ,...:... : :·~ ·'

... .... ~···--··---·-~- ·---······--··-

' ....
...
.._., . i: r;:

43 ~ The Director of Mental Health shall develop and implement protocols for referral of youths for mental · health evaluations based on the results of the mental health and suicide risk screening or the mental health needs
assessment, other referrals from staff, or the conduct of the youth during the course of confinement in a Di!. ·
.facility. These protocols shall require referrals, at minimum, when:

.~ae..r.Ai~yaloluythm's.

mental

health

poses

a

risk

of

physical

harm

to

himself

o

r

others

or t
.

he

you

th

has

been

dia~os.~d
. ..

as

b; The youth exhibits mental health problems but does not have a· current mental health diagnosis from a: ·:. ..

:P~Yc~ologist or psychiatrist.

·

·

·c·.·Th~ youth is determined to be taking psychotropic medications, 'or has taken them in the recent past;
.. .:.'-.:
d,.. The youth requires a change of medication prescribed as a result of any mental health condition.

44. If a need for mental health treatment is indicated, the youth shall receive adequate treatment, which shall·.· . ·

i.rlclude:

.,, ,

a :~·i·In YDC, treatment in accordance with a treatment plan developed for the youth, as described in~~ 47-5'4,:~·?;

b. In ;ill RYDC, the psychologist or psychiatrist must document findings and a plan oftreatment that take~f into,

accol.u;J.t the extent ofthe youth's mental health needs and the likely length ofthe youth's stay in the facility/'fpis:

plan may include treatment team planning and must include appropriate periodic monitoring of any

;.! ··

· psychotropic medications.

·

· ;·

:"I,. ...

.. ··:· :, :. ~ ~ ::

45. The Department shall identify youth whose severe mental illness. requires treatment that cannot be.provided·

adequately in an RYDC, YDC or short-teim program. Such youths shall be identified through a needs

... ,..·

:assessment upon or prior to admission to a YpC (pursuant to criteria developed by the Director of Mental
Bealth) or by a determination by a treating psychologist or psychiatrist at any DJJ facility at any time. Once a· ·.:
youth has been designated as in need of an alternative placement, the Department shall as soon as is practic~ble

pro'vide for placement in a forensic psychiatric fadlity or other setting consistent with the youth's mental health

needs·.

'

46: The Director of Mental Health shall develop and implement a plan to provide an adequate number of .··. :

apprqpriate alternate placements, which may include forensic units o!' cottages at existing facilities, special · :···'.:
forensic facilities, and/or placements in private facilities or a psychiatric hospital. The plan shall provide.for· at·,..

least 100 mental health slots for appropriate altern~tive mental health placements by fiscal year 2001. The .

Director shall monitor the utilization of such placements and the number ·of referrals to ass'!J!e the maintenapc.e· , .

of an adequate number of alternative placement options.

·

:.) ~ :;·;;

D. Treatment

. . .: .

,\ ·~·

4'i. E~ch youth receiving psychotropic medication or otherwise in need of mental health treatment in a YDC

shall have a treatment plan in accordance with professional standards and practice. The treatment plan shall be

developed by a treatment team pursuant to policies developed by the Director of Mental Health, which shall·'{:(

include identification of the required members of the treatment team.

·

'

. :.! . ~ .•. :
:' I,

-----·--·-------·--------·---------··-------·------···------·------·----------·-----·------..------. -- .. -.

.. . ~ ~

4&'. The Director of Mental Health shall develop and implement protocols for the required content of trea~~hf.

plans, which shall include, at a minimum:

_ . · ··-· · -· ·

.. .~ :

.a,._· That the treatment plan be individualized;

.·: ':

b': Ail identification of the psychiatric or psychological issues to be addiessed;

. ':. '

:c.' A description of any medication or medical course of action to be pursued, including the initiation of.· :. -!i'·.

ps)rchotropic medication;

·

· ·;· .!··. ;·, ~:·

d. A descripti9n of planned activities to monitor the efficacy of any medication or the possibility of any side effects;

~:'A ~escription of any behavioral management plan or strategies to be 1mdertaken;
. .
f.. .A description of the counseling or psy~hotherapy to be provided;

·. :.··\. -· .. c.:) ..

::: ...

.g: A determination of whether the type or level of treatment needed can be provided in the youth's current ·

pJacement;

·

:h.:.A'determination of whether ~amily counseling is required as a part of the youth's treatment;

·:>. · ...
~ :_: :·~:..! .(
• • • • ; ~ • j,

...

i. A plan for monitoring the course of treatment; an_d,

.•!•,

.....

J.:A. transition plan for when the youth leaves the care of DJJ, which shall include providing the youth arid hi~ or
her parents or guardian with information regarding mental health resources available in the youth's home· ·: ~.· · .. :

community; making referrals to such services when appropriate; and providing assistance in making initial ,

appointments with service providers. However, nothing in this Agreement shall make the Department responsible for providing mental health services to youths no longer in the custody of the Department.

·· ..::-.
· · ·.··U.'!

49. The Department shan ensure cooperation by all facility staff in implementing all treatment plans. Each'~.- ·'-

facility shall take necessary steps to ensure that all relevant staff are aware of, and implement, their

responsibilities under the 't!eatrnent plan. The Department shall take reasonable steps to implement the plan·

iiicluding, for example, reasonable steps to enable family participation in family co'unseling when indicated by

the tr~atment plan.
., .:·

·

·· :·. ' ·

. :. ~ . '

50. All mental health treE!.tment shall be documented in accordance with professional standards in a ·youth's

medical record.

.

.

51.; Prior to initiating a prescription for psychotropic medications, a psychiatrist shall give and document a,_':,;,;:,·

complete psychiatric examination, including an initial psychiatric exam, mental status exam, differential' .. ::.::··":

d. iagno.sis, review ofthe youth's medical char.t, a DSM-IV five-a.xis diagnosis, and clinical recommendations..

52·. The Director of Mental Health shall issue and implement protocols to require that youths prescribed
p$ychotropic medications at DJJ facilities be given information regarding the risks and potential side effects iofll'
th~·medication. The protocol shall also direct when such information shoUld also be provided to ·the youth's·- .·_... . parents or guardians. Compliance with this requirement shall be documented in the youth's chart.

53. The Director of Mental Health shall issue and implement protocols to assure that each youth receiving

psychotropic medication shall be seen by the treating psychiatrist for periodic reassessment' and monitoring i,n

accordance with professionalstandards.

: ..

· §4: The Director of Mental Health shall issue and implement protocols for the administration of appropriate ·

.• :·~· .::. • • • .

•

• •.. !,." ·~~ ·: r \

.....

... ·.

"

'~~s:ts:(including, for example, blood tests, EKGs, and Abnormal Involuntary Movement Scale tests), 'tb.~~P.it9r
the efficacy and side effects of psychotropic medications in accordance with professional standards. . . . ·

' .
£. Suicide Prevention

55. The Director of Mental Health shall issue and implement uniform regulations for the detection of and, . : ,-.

appropriate response to suicide risks in all DJJ facilities, which shall provide:

·. ::·:

·a..That youths generaily shall not be isolated in response to suicide risk or significant or substantial sclcfd~
thre~ts or gestures;
b~ ev~uri~i~~~~- :b::':That suicidal youth shall immediately referred to an appropriate mental health professional·for

c: That as soon as practicable, any youth determined to be ~t continued risk for suicide shall have a written, _·...

individualized suicide prevention plan developed by a qualified mental health professional and implemented' h,Y'

the facility.

.,.

,•· :,;·'.
• ··: .: ·. •~) i.-:.... r

..S6. The Director of Mental Health shall develop and implement a staffing plan to ensure adequate mental health.

·stFlf:fto comply with the terms of this Agreement, and in accordance with Appendix B. The plan shall identify

t.h...~, n:umbers and qualifications of staffneeded and shall provide, at minimum, that:

·

.. .

.

.

a:. '·Eaqh youth in need of psychiatric services, including monitoring of the use of psychotropic medications~ 'shall-

be··.unc;ier the care of a licensed psychiatrist. Where available, the psychiatrist shall be a board-certified in ~hjld
anci a4oleseent psychiatry. When no board-eertified ehild and adolescent psyehiatrist is available, the Director

of.Mental Health shall ensure the psyehiatrist reeeives periodie training related to ehild and adolescent· :.
psyehiatry and shall arrange for a board-eertified ehild and adolescent psychiatrist to provide eonsultati6n.' 1Jle:·:·

Department shall employ or contract for sufficient psyehiatric serviees to permit a psychiatrist to fulfill the;' :·r,:r;,.

fo.llowing functions: .

'

·

i. Conduct needed psychiatric evaluations prior to placing a youth on psychotropic medications.

ii. Monitor, at least monthly, the efficacy and side effects of psychotropic medications, including consultation with facility medical, counseling and line staff when appropriate.

i.i-~·..'·:;P·.·a.;:rtieipate

in

treatment
..

teams

in

conjunction

with

facility

staff.

.

'

iv. Pr~:>Vide individual counseling and psychotherapy when needed, in coordiri.ation with facility psychologists:. ·

. :.. ·:. .

.

. .,i.::!~~:

~! 'Evhluate and tre.at in a timely manner all youths referred as possibly in need of psychiatric services, ii:iclud1ng

epiergency evaluation of youths believed to be at potential risk for suieide or self-harm.

vi: 'Provide aclequate doeumentation of treatment in the facility medical records.

.

: '
: ~

.

',., ~_:::•:

•

I
~.:

b.l~- each YDC, there shall be atleast one full-time qualified mental health professional who shall function.'a:s·

the' treatment coordinator for the youths in that faeility.

·

c..tn e~ch RYDC there shall be a qualified mental health professional who shall WhC? shall function·as the':.:: '•.:.

..

\
:

:.·....:;.'·

.....

....... _,, -------·---·-----------·-·--~·----~-·---~-·-·--·····

·:· .

·.. : ~

...

trea~ent coordinator for the youths in that facility and who shall conduct mental health and suicide risk

screenings.

d. In each YDC and RYDC, there shall be. suffiCient numbers of qualified mental health professionals to ..:: .

perforin the following functions:

. ::_;::

L,. ~onduct mental health and suicide risk screening (or review of screening) for all new intakes upon admis~~on.

.

.

ii. Perform evaluation: ofyouths believed to be in psychological distr~ss or at risk for suicide or self..;harm, and

referral for treatment te~ meetings, psychiatric consultation or ho~pitalization as appropriate.

· :: :·:·;." :

1

•• •I .I·

·iit .Participate in treatment planning when required to do so by the policies prommgated by the Director of;_; ·::·. ~-.

Mental Health in.~ 47.

·

iv:'rmplement the mental health services required in this Agreement.
:y:· :R~view every incident report involving youths identified as having mental health problems.
I:·

' .. ·'.
.. .'~d

·q-; Staff Training

57. The Director of Mental Health shall design and iniplement pte-service and annual continuing education,

requirements for mental health staff appropriate ·to the staff member's responsibilities.

·

58. All direct care std at DJJ facilities shall receive pre-service and annual refresher trailling in suicide ··

prevention, side effects of psychotropic mental health problem~. . .

medications, and

.

.

methods .

for

managing

the

behavior

of youths with. · :.... ;,:;:; !,(~J_;..

H:' Quality Assurance

... ... . .~ ..,,. i . . .· )'.:·,

·.', 5;9_: The Director of Mental Health shall create and· implement a written quality assux'ance. program which ih.ii.ii~

mclulie, at minimum, activities to monitor the involvement of mentally ill youth in major disciplinary . . ..

ijlfractions and use of force incidents.
':·

, · ·. :

60. The Director ofMental Health shall also create policies for quality assurance activities within eachDJ~;- :

faCllity, including review ofboth documentation and quality of treatment.

· ·: · · ·····

...

VI.. MEDICAL CARE

61. The Department shall ensure that adequate medical care is provided to youths in all DJJ facilities. ·

...

62. The Department shall continue to employ a Medical Director. The Department shall provide the DirectQr.,

with s:u;ffjcient staff and resources to perform the tasks required by this Agreement, including: ·

· _.

• ;\ •• .::

I :I~ L

a.

Oversight

of medical

care

in

all

DJJ

facilities,

including

monitoring

the

performance

of

private

·' .. medical

'· :

-::::.r•.. ·

contractors and the development and implementation of policies and training programs.

:·. ·.>

-b(M~niitoring whether medical staffing and resourc~s are sufficient.to provide adequate medical health car;/ ~d

~9.a~ent services to all DJJ youths and to ensure compliance with this Agreement.

/..::·,·!,

...·:

...

·..
•'

,: 0 ~ --~ ~ ~ •

. : :

.......... ........__________________________________________ ' '; :~f~. . ·:· ..

- - - - - - - - · - " ___,,........

... ·,

:c.._Development and implementation of a quality as~urance program for medical care.

A.:·Admissions Screenings and Physicals

... ..· -;

·63. The Medical Director shall develop imd implement policies and procedures to ensure that youths in DJJ

facilities are provided timely, uniform and adequate physicals, including a uniform set of screening and

laboratory tests, and shall ensure that test results are available to health care personnel in a timely manner to

.permit adequate treatment of residents.

/

: .

·

.

... ;·.
B.. SiCk Call

64~ The Department shall provide all youths with reasonable access to physicians for medical care through-~~. '· ·

reasonable sick call system. The Medical Director shall create and implement policies setting forth the

requirements of facility sick call systems.

·' ' .

.: : .

c: Tre~tment

65: Th~ Department shall provide adequate medical care to all youths in its facilities, including:

:a: ·Adequate dental care services, including treatment necessary to prevent loss of teeth and amelio~ate pain: 'HJ.d, · for ·youths committed to YDCs, cleaning and restorative services according to professional, standards;

b:;_ 'Ti!nely acces~ to appropriate med~cal speci~iists and hospitalization when indicated; and

-c. Twenty-four-hour infirmary services at ~ach Yric.

't·.·

66. DJJ administrators other than the Medical Director shall not overrule medical decisions made by physicians,

inclu.d.ing

medic.al

decisions

to

refer

a

youth .

for

specialty

consultation

or

dental

services.

· ,.

67:: The Medical Director's office shall review and update, where appropriate, agency health policies to· ··... ··, ·:·- ·

eiicompass all aspects of the health pro-gram in the facilities.

.

·...:,; ;;; :; .

. :i.: ·.;·\.

.

.

.. ;

D. Medical Records

Every 68.

medical encounter, including all sick call encounters, shall be documented in a progress note in: the

youth's medical record.

·

69. The Medical Director shall develop and implement a plan to assure that when a youth leaves a DJJ :facHity,.a copy or complete ll).edical sru;:nmary of the youth's medical records will be transferred upon request to the . , ;;r:<.l,
youth's destination facilio/ or, when appropriate, to the youth or youth's family in the case of release.

E. Staffing

70, The Medical Director shall develop and implement a medical staffmg plan to ensure adequate medical staff

to comply with the terms of this Agreement, and in accordance with Appendix B. This plan shall provide, at

minimum:

.

· · : ·· ··

:..·.:

. . . ·,! •••

·: .. - - - - - - - - - - · - - - · - · - -..-· .. :i~:rr

::.

. . .·

,;.

·a.·:·:A{ e~ch RYDC, a registered ~urse shall be on ·duty at least 8 hours a day, seven days a week. Each facility

shall have round-the-clock medical coverage on at least an on-call basis.

,b. At each YDC, registered nurse's shall be on duty twelve hours a day, seven days a week. During the day.shi:fii; there shall be at least two registered nuises·on duty.

/At ·~ach RYDC, a physician's assistant or nurse practitioner shall be employed one-quarter-time for each;~O

·youths housed at the facility. These mid-level practitio;ners shall conduct initial physical.examinatio;ns; as well

,as diagnose and treat sick or chronically ill residents.

•

,

·

.
'.

..
'•

...

. . '• '•

.(f. In. each YDC, one full-time physician's assistant or ~urse practitioner shall be employed for every 100 youths

'residing in the YDC. These mid-level practitioners shall. complete initial health evaluations and physicals,

supervise the nurses, directthe primary and preventative care for the residents, and manage the health unitto

focus on program improvement and staff development under the direction of the central office Medlcal

.Director.

e. Each DJJ facility shall provide sufficient physician services to permit the physician to adequately see patients.

referred from sick call, provide required supervision of the care of chronically ill youths, and review the wor~···

quality of facility nursing and mid-level professional staff.

·

.

· · . . . ·.·, · ·

F;.'Staff Training

7!1. The Medicar Director shall develop and implement a comprehensive training plan for DJJ medical ··.·;)'if(;

personnel, which shall include pre-service training reqUirements, annual in-service training requirements, and · '

such other continuing education deemed appropriate. The training requirements shall cover areas appropriate to

the staffs position and function. The topics covered in such training shall include: · ·

· · · ·:<1 .< .

.

.

.

.

.

:. :: \\ ' .... j·

a(Fornursing staff: assessment and management of health problems commonly seer(at sick call; the routine. •: . .:

follow-up ofproblems identified in the initial health history, physical examination, an,d screening tests; and·.;: ··

·p!op~r implementation ofthe State Clinical Guidelines. · ·

. '· ·

· ·. '. Y'; _;

)',':' ...

b: ·For Nurse Practitioners, Physician's Assistants and PhysiCians: the evaluation and management of sigiii:fidm.t. ac:ute and chronic conditions found among youths in the facilities; and proper implementation ofthe State Clinical Guidelines.

c~ For line or other staff who may conduCt initial medical screenings: training in ·the proper administration ·df.'tlie

medical screeriing instrument.

.. .

·. · :.:::, ·

G. Quality Assurance

7. ,2,. .T.he Medical Director shall create and implement a written quality assurance program.

',j,

I

i3':'-'I~he Medical Director shall also create policies for quality assurance activities within each DJJ facility,:·.~!· ·

iiiCluding review of both documentation and quality of treatment.
·,

·

· ·: ,,.::.-.: :~: ·

, ; . :r

Vl;t PHYSICAL AND PROGRAMMATIC CAPACITY
: -~- . ;
74: The Department shall provide adequate direct care staff in every DJJ facility to protect youths from iiarni';' ': ·:
provide adequate security for the facility; safely evacuate the facility in the event of a fire; and to provide a sufficient level of supervision to allow youths reasonable access to medical services, exercise, recreation ari.cf.'' ·

-----------·-·---------·-------

:...... :/·

::I

·.··a.rd. e.q.uate time spent in out-of-cell activities.

···.:

·75. Within a reasonable time, the Department shall provide and maintain adequate living, sleeping, classroom

an.d recreational space for youths in every DJJ facility. This shall include assuring that every youth shall be: ·

provided a bunk in a room with no more than one other youth, except in dormitory settings or in exigent

circumstances of limited duration.

·

·. . · A Staffmg and Staff Training

.76. The Department shall develop and implement a staffing plan for direct care staff to ensure adequate staff to comply with the terms of this Agreement, and in accordance with Appendix B.
77~ The Department shall present a plan to provide for adequate training.for all DJJ direct care staff, inclU:diii.g:-::
pre-service training, annual in-service training, and the equivalent of pre-service training for all current d,ire!)t .ccir,e staff who have not previously received the DJJ pre-service training or· its substantial equivalent. The U.n,it~d States·acknowledges that the DJJ has begun implementing a plan for comprehensive training ofjuvenile .. corrections officers that may form the basis of this plan. This plan shall:

'a: Set.forth minimum competency standards for DJJ employment. ·

b:·. Set forth a time line under which all staff shall meet the training requirements as outlined in the plan.

.

.

. .. ··.: ~; :

c: Provide for sufficient training resources to assure compliance with the requirements of this Agreement. -

d. Acknowledge that Office of Quality Assurance staff (provided for in , 114) or other DJJ staff may conduct

random or unannounced visits to DJJ facilities to ensure that staff are carrying out their duties in accord with·tM

training required by the plail and described in this section.ofthe Agreement.

·

·;-

B_: :J>~pulation and Physical Plant Capacity

.- f I • t~-:~ ' I~-}

7~. The United States acknowledges that the State has undertaken a significant expansion of its physical . ·' ..•

facilities in recent years and has plans for further expansions. Based upon these plans, the State shall submidi~- ·, ·

plan under this Agreement to reduce crowding in its facilities. At a minimum, this plan shall include: ·-. '.;-';'·..~~ ,

,'I: • :

I

•

.

' :• l,,,l•;}ftt;:;:.~

~:"State-wide uniform detention standards based on a Risk Assessment instrument and protocols that e~al~ate.·

youth for placement in alternative detention programs based on the individual risk factors of the youth, and· · ·

.de:yelopment
:·.. .

of

a

continuum

of

alternatives

to

RYDC

detention.

b; Coimnitments to expand the physical capacity ofRYDCs and YDCs.

1)Risk Assessment Standards

79. The Department shall create a Risk Assessment instrument for pre-adjudication detention decisions and,"::_ related policies on the use of the Risk Assessment instrument. The Risk Assessment policies shall identify· ..::·~i.:li
youth$ who may not legally be held in secure detention facilities, youths whose risk factors make use of non:..·: ·
secure detention alternatives appropriate, and youths whose risk factors make secure detention mandatory. The. Department shall require that youths appropriate for non-secure placement be so placed when such placer.n,~nt~:. are ·a~ailable and shall forbid placement of youths in secure facilities when such placement is prohibited bj"th(( requirements of the Juvenile Justice and Delinquency Prevention Act, 42 U.S.C. § 5601 etseq. and its implementing regulations.

•,!'

•

:-; .

.·...... •,

r-·-

: .

'
~.

.

.

: .

:. . ·~ _, ....

·so. The Department shall compile statistics regarding the use of alternative placements, including: the number ,

ofyouths determined to be appropriate for alternate placements; the number of such youths actually placed iir.:,:

alternate placement settings; and the number placed in' RYDCs.

·: :, ';: ··

·~n: To effectuate the Risk Assessment Standards, reduce the harms associated with crowding in the secure detention facilities, and seek to prevent the secure detention of status and certain other offenders, the
Department shall create and implement a plan for the development of a continuum of alternatives to detention ill
RYDCs. At a minimum, this plan shall provide sufficient alternatives in every RYDC qatchment area to ensure compliance with the requirements ofthe Juvenile Justice and Delinquency Prevention Act, 42 U.S.C. § 5601 et seq. and its implementing regulations, and shall provide for the creation of at least 380 additional alternative placement slots for youth who would otherwise be confined in RYDCs between fiscal year 1999 and fiscal year
2001.

2)·Capital Improvement and Expansion

• • • • • • y ..
·82. The State shall develop and implement a plan for the expansion of its physical facilities. The partie~· i~~~/

"fl:lat the State's on-going capital improvement project may form the basis ofthe physical plant expansion plan

required by this paragraph. The plan shall set forth specific time tables indicating the extent of the increase i:p, .

capacity and the number ofyouth to be housed in each facility. The United States acknowledges that, prio:r; t6···

the initiation of its investigation, the State developed plans to replace and demolish the Fulton County Deteri.tion Genter. The State commits that it will begin tearing down the building formerly housing the Fulton Count,Y: :p -~

Detention Center during fiscal year 1999. Once that is completed, the United States shall consider all matters·

.'con,ceming the Fulton County Detention Center closed and at an end.

. ::· '·;

. ..

.

I

... : ·.: ·;: .. l!
.. . : ...~

• • ••

~. I.

VIII. PROTECTION FROM HARM

83. The Department shall provide youths in all DJJ facilities with reasonably .safe living conditions and shai1 :. ,;.

protect them from abuse.

·

,·,.· .

A'.: .Cla:ssification

·84..:The Department shall issue and enforce classification criteria regarding room assignments in RYDCs a:rid:.. ..

YDCs. The criteria shall include risk factors based on age, maturity, size, offense history, present offense,,· ;.r\ ·.

chaige, and any special needs of the youth.

· · ·:;·;-~i\!l·,

~

• •

i : . • ':: J :·;

B.. •Supervision of Youth

85. The Department shall ensure that youths confined in locked rooms during the day or at night, and all youth~

sleephig in dormitories, are visually checked at least every 30 minutes by line staff. To monitor compliance ..·, D

with this requirement, the Department shall install and maintain in good working order, Morse Watchman·or· ·

shnilar devices in all living units and require supervisors to regularly conduct random audits of the records '

produced by the devices.

·

c: Use afForce

..·, ..

r--··-·

---·-------··----,-------·-···--·-·------··-·----..·-..~--.. -· ..... -· ....... .

. :,

~·

86. The Department shall en~ure that youths are not subject to unreasonable restraints or excessive force l.n : .
as., accordance with DJJ Policy 9.6, attached as Appendix C and hereby incorporated by reference, as clarified,

follows:

·... ··:·

.:':.·.:.:

a, AUnit or Shift Supervisor shall be responsible for periodic reassessment of the youth to determine whefu~r
the youth's behavior can be controlled without the continued use ofrestraints. The Supervisor shall docum~#t

.s.:U:: ch.

p. eriodic

assessments

and

the

reason

for

continuing

the '

restraint.

·..·.. ·~ :~. :;

·,·

,•,

I,

87. The Department shall ensure that youths are not subject to unreasonable or excessive application of .-;: .= ch~l!lical sprays, in accordance with curr~nt DJJ Policy 1019, attached as Appendix D and hereby incorpoiited

by reference.

·

·

~88:. The Department shall develop arid implement specific policies and training materials that shall instruh st~.

C>f,th~ permissible and preferable responses to common behavior problems, including at minimum:

·· -

a: Yo:U.ths persistently kicking or banging their cell doors;
..;
b. Youths obstructing their toilets· and flooding their cells or hallways;

.c~ Yquths persistently refusing to refrain from loud or noncompliant behavior.

•,; ,;o
Th~ De~artment shall undertake periodic ~eassessment~ in conjunction'with the Office of Quality Assurki2e:i-:
C.~OQA"), provided for in~ 114, to determine whether additional policies and training are appropriate to respond

to other common behavior problems _identified by OQA or other DJJ staff.

· ·.. -

..:-~

D; Protection from Staff Abuse

·. ' ..

89. The Department
st8.ff abuse.

s)lall ·

take·appropriate ·

steps .

to

ensure ·

that

youths

in

all

DJJ

facilities · ·.

are

protected · · ·: · ·

~ghlri.st.
·> ·. ·;<~:·.l

90, Each youth entering an RYDC or YDC shall be given an orientation which shall include simple dire.ction$::1... f~r:r:eporting abuse and assuring youth of.their right to be protected from r~taliation for reporting allegatio.~s'6:fl'·:

. a'Quse. ·

·

91. The Department shall ensure that every child who reports to a facility infnmary with an injury shall be
·questioned by a health care staff, outside the hearing of officers or other youths, regarding the cause of the injury. If in the course of the youth's infirmary visit a health cai:e staff suspects abuse, the health care staff shall immediately contact the Office of Quality Assurance and ad~quately document the matter in the youth's medical reqord, fill out an incident report, and log the incident.

92: The Director of OQA shall create a system for reporting allegations of abuse, including policies dir~ctfu.{·

how, ·when and to whom allegations of abuse shall be referred (including policies regarding reporting to the:;:,;.: H.l

Department of Family -and Children Services, law enforcement officials, other DJJ officials, and facility . · _: ··:: ·

ac4hinistrators).

·'.'i_::( .

I ' • I,~·

9j. Every allegation of abuse shall be reported to OQA. OQA may request a preliminary investigation to.be· .::.· ::

conducted by an appropriate investigator at the facility from which the allegation arose. OQA shall then conduct

an independt;mt investigation of the allegation unless the preliminary investigation demonstrates that the. :·::;:;t ,

allegation is unfounded. This determination shall be based upon training and guidelines issued by the Diiedor -

of OQA. The Director of OQA shall also issue a policy describing the qualifications and investigative training ·

r~quired
. \, :

of

such

facility-based

investigators

and

shall

make

arrangements
. .

for

the.

provision

of

such

trai$g;.::_;.; .;;...
.·.. ::: ·-.-~.:·:..;,.

···-·· ... . ' ' . -·····:.~~···-····-··--····-····-·--·-:-··--·-·-···----· ' r . .. .

. ;': '· '·.~ ::···:·:.':'·.!
,.,

an94. Within the Office of Quality Assurance, the Department shall recruit and hire, from outside the Department, Assistant Director for Investigations who shall be qualified 'to conduct and supervise investigations of child

.abuse in institutional settings. The Department shall hire sufficient numbers of qualified investigators to permit

.investigations of all allegations of abuse, and shall provide them with appropriate training. The Department

shall consult with the Georgia Bureau of Investigations and other professional investigative agencies

:;.•,

periodically to maintain the quality of its investigative staff.

. . ' . : i \~ ..

.

.

95. Abuse investigations shall also be initiated by OQA staff review of grievances, incident reports, use of force
.f~ports, and injury reports when it appears that abuse may have occurred but was not reported. Abuse · · ·.\:?:·

.i1.1'vestigations may also be initiated by OQA staff as a result of staff tours of facilities and iriterviews with./ . :,r(

youths, parents or staff.

. ·~
'·
9.6. The Director of OQA shall issue policies regarding steps that must be imniediately taken upon the reporting
of an allegation of abu~e in order to preserve evidence and protect youths pending an OQA investigation.;,, >:..

~·

.

.

: . .' ::t''..l: ;\·~

.97. The Director of OQA shall develop and implement an Investigations Manual and training program for:abu~e

jnvestigations. The training shall include specific instruction by qualified individuals ori the conduct of.a'Q]l~~· ·

.~vestigations relating to youth, and investigations within a ~orrectional setting, and shall include an annu~. ~­

s~rvice training requirement.

.. ·. ·: ;: . ,

~i8. Th~ Investigations Manual shall'require, at minimum:

a.' An-interview with the alleged victim and perpetrator.

b. Identification and interview of.all possible witnesses, including other youth and staff in the building or unifat

the time ofthe incident.

.' ,::· .:.

c;::Examination o~the youth and staffmember's institutional and personnel reco.rds, including any prior· · ·'·:n·..:.::

allegations of abuse against the staffperson whether substantiated or not.
. ~! .... .

.:;_ .• :•.: •.• : ~:l ~

d.- Examination of any potentially relevailt medi'?~ records. .

.·.. :

.

.

.e:'·b~temiination whether any facility staff knew of, but dld not report the 8lleged abuse, or provided false·.:: •:it::;

irlfori::i:J.ation during the investigation.

.

. ·

·

· ··. ;. :·,· : .··

•

• 1 •• :d~:~:t

99.: The OQA shall produce a ~itten report of each iiwestigation. The report shall describe steps 'taken:duil.~g:~;.;

llie investigation, the information obtained, and the factual conclusions reached by the.investigators findi±ii(the

:a.l'!egation substantiated, not resolved, or unfounded. .

.;·. ·:;: .:.: ::·
·.··

100. Upon receipt of the investigative report, the Commissioner or the Co:rru;nissioner's designee shall approve .

or disapprove the report's conclusion that the allegation was substantiated, not resolved or unfounded, or sh.311"'

order further investigation. Only the Commissioner shall have the authority to disapprove a report's conclusio:i;J,,

that the allegation of abuse was substantiated. In such cases, the Commissioner must explain the reason for such

a decision in writing.

·

'

· ·

•I·~:~ •;: ·,,

101. Staff discipline for any ·substantiated abuse shall be determined by the Commissioner ofDJJ or the C,qmmissioner's designee.

102~· The OQA shall keep records of all its investigations, and any disciplinary action taken in response to 'the

investigation, including investigations that do not substantiate abuse.

· ·

IX. OTHER GENERAL CORRECTIONAL MATTERS
.. .. ,·! ••

,,'!. •

...

•

~• 1 :

·:.. ~.)h'!~}-'t·;..

!·: ~--:·.·_.-:··---~---· -··--·····~------·--·---~------····

--·----·- -·· I
··~-·----·

... .

:...:·:>:··.

-~· I

Discipline

.·-.-:'.; :<:-:~···

i :. 103. In all DJJ facilities, the Department shall implement a uniform positive behavior management syste!x{ ·;f·i .:

I which-shall provide for positive incentives for 'good behavior as well as disciplinary measures for misbehavior'.

. the positive behavior management system shall be explained to al~ youths during an orientation session, wblch .

shall also set forth basic facility rules and the possible sanctions for violating those rules. The rules shall be;.--~ .

-posted conspicuously ·in facility living units and youths shall have access to written policies upon request.·: :-: i_' · ·

104. The Department shall adopt a policy for punishments that are permitted in DJJ facilities and shall. prohibJ.t·,_

the use of any disciplinary measure not included in the policy. The policy shall also designate the maximum . ·

permissible extent or duration of the ·punishment.

· ·

· ·

· ··;· ,~.

105. The use of isolation shall be limited to major disciplinary infractions and shall not exceed 72 continuous 1

hours, absent extraordinary circumstances and authorization from the facility director and notification of the ·.

Office of Quality Assurance (provided for in ~ 114). The Department shall assw;e that each youth placed·iri: .:· .,

-isblation for more than 24 hours shall receive daily visits from a counselor or mental health staff, at least one ·

hour oflarge muscle exercise each day, and such access to educational services as is provided for in the policies

_p~omulgated purs:uant to ~ 21.

:. r::_; .

106. Disciplinary hearings shall be afforded youth pursuant to current DJJ Policy 11.5, attached as Appendix E ·. and hereby incorporated by reference. Isolation ~ay be used as an immediate response to out-of·control' ·.:· .'·.

behavior until the youth's behavior no longer poses a threat, but shall not be used as punishment unless a·Y.oiiili ·

ha$ frrst received a due process hearing.

.

.

..

·
'

. . · ·· ·..·: ·( <--: · . . 1; :.:\ 'i ~ iL

1-07. Youths assigp.ed to long-term security units shall be provided ·comparable access to education, exercise}•.:;:~

retreation and other out-of-cell activities as other youths, absent compelling justification related to an individu~l

· youth's behavior. Youths in such units shall be given concrete behavioral criteria under which they may be· ·::

released to the general population ~d shall be reassessed at least weekly to dete~e whether the youth may;· ;

consistent with the State's l~gitimat~ security interests, be removed from the security unit.· .

·. _-·.::.<:/,

B. Bo.ot Camp Adm. issions and Practices

, o 1::,•; ~: :' ' I

. 1Q8. The Department shall develop and implement a plan to accommodate youth sentenced to short-term··:·:

programs, such as boot camps, who, because of physical disabilities, mental retardation or: mental illness, :tilay ..

be harmed by participation in certain activities. .:. .

'. '' . . ·~; ::::.: ::~

10.9. The Department shall create guidelines for, and specific training regarqing, punishments or "on..::fue-sppt:;:· corrections" that will be permitted in boot camp programs.

! ·. :',

c;· :Grievance Procedures
·.· ...

.~ ·~·:r.~i·;t>~
.: :...y :·

i io·. i·:,
The Department shall assure that youths iii all DJffacilities shall have access to a reasonable grievar).ce':·::;·.

procedure.

.

·

· _.: :•-'<~ ·•.

.

.

..·; :-\:.-:!:.~!

111. Youths shall be able to file grievances directly with facilitY administrators through confidential means, :.·

without mediation through line staff.

·· .:. ::.- .

...... 1

D'. Miscellaneous Correctional Issues 112.. Youths shal~ be permitted to have reading material in their rooms in addition to a Bible, unless and un~l ·:

·----------·

. -·------~~------.--"'"';''

. . that privilege is abused.

. . ~ .
',,II

. ~ ·.
1)3. The Department shall develop anci implement uniform policies limiting the amount oftime youths may be '

locked in their rooms during waking hours and on weekends.

'.: 1:::·

X. JUVENILE JUSTICE QUALITY ASSURANCE

•. 1 }
. ·. :i

t 14. The Department shall create an Office of Quality Assurance ("OQA'!) within the Depart;m.ent of Juvenile·

Justice to consolidate and supplement quality assurance activities already undertaken-by the DJJ. .The

·

Department shall recruit and hire, from outside the Department, a Director of the Office of Quality Assurance,

who shall be highly qualified for the position and shall serve as a Deputy Commissioner. The Director shall· begin employment on or before August 1, 1998. The Dep~ent shall provide the Director with sufficient staff

and re~olirces to perform the tasks required by this Agreement, including:

. ,

a. Monitoring compliance with DJJ policies in all DJJ facilities, with emphasis on policies rel~ting to i~sues

addressed in this Agreement~

·

· ···- :-,.; ·

b.:Conducting audits and other quality assurance activities as described in~ 117..

. . ·.::;J

c. Reviewing and, where appropriate, investigating allegations of staff abuse.

.

.

.

.

d. Assuring the implementation and adequacy of the educational, medical: and mental health quaJ.ity assur~c-~: ·

programs required by_ this Agreement.

·

·

· ·

.

. : ..;;~ ·. .. .'

e. Coordinating
of efforts.

quality

assurance

activities

performed

by

various

DJJ

offices

to

prevent

unnecessary .

duplication : . .. .:·;

1is. To meet the above requirement, the pepartment shall hire, at minimum, 13 staff members in fiscalye~~~-

1999, and an additional12 in fiscal year 2000.

··

•. :,i,

.

..

116~ The Director ofthe Office of Quality Assurance shall work closely with the Commissioner ofthe DJJ:Th~­

Direc~or shall be removable by the Commissioner only with the prior approval of the Board of Juvenile Justfce.'

· 117. The Director of OQA shall create and implement a written quality assurance program, as defined in ~ 10

wtth the following elaboration and supplementation:

·

.- ·. ··

a. ..The comprehensive audits required by~ lO(a), shall indude, at minim. um:

i. Inspection of institutionaf, medical and educational records, unit logs, incident reports, use of force repo~s, 111:ajor disciplinary report, documentation of room checks by line staff, etc.

ii. Interviews with staff, administrators and youths at each facility.

. . :·.··.:c .

iii:: :·

., ... :.

.. .Where appropriate, interviews with the parents or other care givers of youth confmed in DJJ facilities....'-.. ..:.u.: ,,,-,

..

iv. Inspection of the physical plant.

--·..··--·---·---·--··--:-··-···--·-··-·- ··-····:--·--:---:·· ' ··,:1

v. Interviews withjuvenile court judges, public defenders and other officials having regular contact with the· · facility or its residents.

vi. Determination of compliance with DJJ policies relating to: suicide prevention, staffing levels and youth·, ...: supervision, use of force, disciplinary practices, positive behavior management programs, grievance proced1g~s, use of chemical and mechanical restraints, fire safety, adequacy of youth recreation and exercise, sanitation, youth access to hygiene items and clothing, the effectiveness of alternatives to detention, youth-on-youth :, . violence, implementation of classification criteria, conditions in security uri.its, adequacy of counseling and rehabilitative services, and the adequacy of all facility documentation.

vii. A written report recording the findings ofthe audit.

b: Additional unannounced, periodic site visits at each facility. OQA staff shall have complete and unfettered

access to all DJJ facilities, records, staff and residents. All DJJ staff shall be informed oftheir obligation to ·

cooperate in all OQA operations.

:: ·· .

. .
:c. Investigation of significant incidents (as defined by the Director of OQA), which shall include, at minimlirri: deaths; serious injuries or hospitalizations; suicides and serious -suicide attempts; escapes or other serious .·
·breaches of security; and D:ledical emergencies. The investigation shall result in a written report to the Commissioner ofDJJ and shall include fmdings and recommendations. The Director of OQA shall issue protocols for coordination of such investigations with other law e~orcement, administrative disciplinary, or'··.
other quality assurance investigations.

d: Review of all incidents of use of force, chemical sprays, mechanical restraints, and the use of isolation· hi , ; .:.

excess of24 hours. OQA shall be sent copies of every Use of Force and OC Spray report. The Director of OQ:A:·

shall establish criteria under which such incidents shall be independently investigated for compliance with'DJJ

policies. Such criteria shall include, at minimum, review of all incidents of use of force resulting in s~rious: .

mjury or hospitalization, all use of chemical sprays, and all use of restraint chairs.

· '·

.e. Policies and procedures for auditing chemical spray canisters and reliably deten:llining whether the canister

hlis been discharged. Facility supervisory staff and OQA auditors shall routinely conduct such audits. If it · ·.

appe~s that a canister has been used without required documentation, OQA shall be notified and shall COJ+q.uct

an investigation.

·

. ..:

f;·. Review of griev.ances raising significant issues (as defmed by the Director of OQA).

g, Requirements that when, through audits, investigations or other quality assurance activities, the OQA finds"~:.

substantial non-compliance with the requirements of DJJ policies or this Agreement, a plan of correction shall ·:

be .developed.

·

XI. MONITORING AND ENFORCEMENT

A. Role of the OPB Monitor

: ..': . : ',~ ..

1l8. The Governor's Office ofPla.nni,ng and Budget shall contract with an independent contractor who sh~ll·~~:;..

responsible for monitoring of the State's compliance with this Agreement by July 1, 1998. The parties shall· .1.i' ·

jointly select the OPB Monitor. The Monitor may be terminated only for good cause, unrelated to the Monitor's

findings or recommendations, !ffi.d only with prior notice to and the approval of both parties. Neither party, nor

any employee or agent of either party, shall have any supervisory authority over the Monitor's activities, report,S,

:fmdings or recommendations.

· ·

119. The OPB Monitor shall have education, training or experience in the field ofjuvenile justice. The Mcinit.or

may also have education, training or experience in general or special education, adolescent health and mental' .

.

'

.,
health needs (particularly the needs of institutionalized adolescents), and institutional abuse and incident· ··.: ·
investigations.

120. The res. idents

OPB Monitor shall of each facility.
.

have

full and ·

complete

access

to

any

DJJ

facility

and

to

the .

records, staff an4. :· 1•. · · ·· ·...-
.::

..

121. The OPB Monitor shall have full and ·complete access to the Commissioner and his designees and to the staff and records of the Office of Quality Assurance. The. Commissioner shall dl.rect all employees to cooperate fully with the Monitor.

122. The Monitor shall be permitted to initiate and receive ex parte communications with all parties. . ·...
q·3. The OPB Monitor shall provide tl;le parties with reports describing the steps taken by the Departrrierit.ib\.~·.

:hnplement this Agreement and evaluating the extent to which the Department has complied with the ·· ·.:.·.~ ··;

requi:i:ements of the Agreement. Such reports shall be issued· every six months, unless the parties agi:ee

otherwise.

·

· '· ··'
•.i:::

·124. The OPB Monitor shall have a budget and staff sufficient to allow the OPB Monitor to carry out the

responsibilities described in this Agreement, and may contract with such experts or consultants as he or sh~ ~ay

deem appropriate.

·

B. Monitoring by the United States

125; to ensure the enforcement ofthis Agreement, the United States shall have certain access and enforcement: ·

rights.

·

·

126. The United States shall have full.and complete access to any.DJJ facility, and to the records, staff and -~i·.

residents of those facilities. The United States shall have the right to conduct unan,nounced visits to any DJJ

facility. The United States shall have the right to conduct confidential interviews·with staff, residents, former·

residents and the parents and care givers of residents and former residents. Any confidential information or . ··

documents obtained pursuant to this paragraph shall not be disseminated to any person not a party (or an ·:i ·.::. :·, ·

employee or contractor of a party) to this Agreement, including the media, unless consented.to by the part~es',: ..

Such information may, however, be used in any proceedings to enforce the requirements ofthis.Agreel!l.ent. .,..

, .., .·

o•'

lo

.127. The United States shall have the right to communicate ex parte with the staff of the Office of Quality

....

..

, .
,:_

Assurance and the OPB Monitor.

128. The United States shall be provided copies ofall audits and periodic reports produced by the Office.of ··,:.···-.::' Quality Assurance.

129. The United States shall be provided copies of all reports produced by the OPB Monitor.

130. Upon request by the United States, the State shall provide the United States with copies of any reports· 6r·

other DJJ or facility documents reviewed by the Office of Quality Assurance or the OPB Monitor.

· ..:··

.C. Plan Development and Enforcement
...
131. This Agreement requires the State and DJJ officials to develop certain plans, policies, procedures and.::-
protocols (collectively "plans"). These plans shall be developed in accordance with the time table set forth in . Appendix A. The plans shall be sufficiently detailed to permit the United States to determine whether the plan: is adequate to achieve the requirements of this Agreement. The United States may. make reasonable requests·for ·
-. . ·~ ~ ~ ::

clarifications or further details.

.- . ·: ~· .~·

132..Where indicated in Appendix A, the plan: shall be developedin consultation with one or more consultants:;

The State shall notify the United States of each consultant it plans to retain, and the United States shall have 15

days to object to the consultant. Ifthere is an objection, the parties shall make good faith reasonable efforts to ..

agree upon a consultant for each plan. If no agreement is reached within 15 days ofthe United States' objection,

the

State

and

the

Uni.ted

States

shall

each

nominate.up

to

three '

consultants

and

the

Monitor

shall

select

one

or

.

more.

133. Any consultant shall provide adyice to the Department as it develops the required plan, and may~ at the::

Department's discretion, draft a proposed plan for State apprqval or modification. The Department's plan shal.l::.

~be provided to the United States according to the timeline in Appendix A. Within 14 days, the United State may

request, and the consultant shall proyide, verbal or written comments on the plan.

·

,134. Within 45 days ofreceiving th~ plan or the consultant's cominents on the plan (whichever is later), the

United States shall submit to the State any suggestions, comments or objections. The State and the United States

will then conduct discussions in a good faith attempt to. resolve any disputes over the content of the plan.' If the parties are unable to reach agreement on a final version ofthe plan, the procedure for resolution of disputes~ by. first applying mediation prior to any court enforcement in~ 138, shall apply. 135. A pl~ shall become. -.· · · ·::·. .

eilforceable once it has been approved by the parties.

· -'· ··

136. An enforceable plan may be modified at any time under the following conditions:
a. Ifthe State desires to modify a plan, it shall notify the United States of its intent and the proposed amendment. ·

. , .. i)
.·..·--

b·., If the United States does not object within 30 days of the notification, the plan shall be so modified. . .' ,..::· O~erwise, the pian shall remain in its present enforceable form until agreed to by the United States.

c. Ifthe United States does object, the parties shall conduct good-faith discussions to resolve the dispute with

the mediation assistance ofthe Monitor.

. ·· ·.::.~ .,

. 1~. i;.'

/

D. Resolution of Enforcement Disputes

. .• ·' ~. )

0

•••••••

137. The parties agree to file this Agreement with the United States District Court for the Northern District.·o:f.:·: :'

Georgia, Atlanta Division, in conjunction with a complaint and a joint motion, pursuant to Fed. R. Civ. P. 41 (a)'

(2), for the conditional dismissal ofthe case. The dismissal shall be conditioned upon the State's achieving ...

substantial compliance with the terms of this Agreement, and shall attach the Agreement to such motion. The ..

m9tion shall request that the case be placed on the Court's inactive docket. Ifthe State fails to substantially . ,· .. comply with the terms of this Agreement, and if efforts to resolve and mediate the enforcement dispute pursi.i~t

to ~-138 are unsuccessful, the United States may take appropriate legal enforcement action, including filing a' ·

nibtion to restore the case to the Court's active docket.

·' ·.

138.1fthe United States believes that the State has failed to substantially comply with its material obligations under a plan· or the terms of this Agreement, it shall so notify the State in writing. The parties shall conduct good-faith discussions to resolve the dispute and may agree in writing to adopt a plan of correction or otherwise modify the plan or Agreement. If the parties are unable·to reach agreement within 30 days ofthe United States' filing of objections, the parties shall submit the dispute to mediation. The Monitor shall select the mediator ', ·· within 10 days. The parties shall attempt in good faith to mediate the dispute for a minimum of 30 days prior'to ,. initiating any conn: action to resolve the dispute. In the event that the State's non-co:rnpliance threatens the

. '. ~ ~ .·: :'

..

. .

iimnediate health and safety of youths, or in other exigent circumstances, the United States shall attempt to

expeditiously reach agreement with the State regarding the emergency conditions, but shall reserve the right to

seek immediate judicial relief.

..,...·.

I· E. Termination oftheAgreement

: .... ·'

I 139; The parties agree that the systemic.and comprehensive nature of this Agreement shall require that

implementation of the terms ofthis'Agreement take place over a number ofyears, as provided for in the '· ·

tim,.elines and terms of this Agreement.

: . .:_c.,; t

.

. .

I 1.4o.'The parties agree that the Agreement shall become subject to termination.as so<?n as the State has fu.ll)r~d

I

fruthfully implemented all requirements of the Agreement and such full compliance has been maintained for one year .

.141. Once the State has determined that it is in full and faithful c~mpliance with theagre.ement and that ful~ .·:.

·compliance has been maintained for TIC? less than one year, the State shall advise the United States in writlri.g,.' :,. ·

Thereafter, the parties shall promptly confer as to status of compliance. If, after a reasonable period of

consultation and the completion of any evaluation the United States may wish to undertake, including tours of··

the facilities and programs, the parties cannot resolve any compliance issues, the State may file a motion with

the CoUrt to dismiss the complaint 'with prejudice. If the State moves for dismissal, the United States .will havC?. .

.an adequate time after the receipt of the State's motion to object to the motion. Ifthe United States does not· . t' ·

object, the Court may grant the State's motion. Ifthe United States does make an objection, the Court shallh.old.:

a hearing on the motion to determine whether the conditions in ~ 140 have b~en met.

. '·'.

142. Nothing in~~ 140 and 141 shall preclude the parties from jointly stipulating to the termination ofp~rti~~~;

ofthis Agree~ent at any time. ·

·

.. ,.,,.

.:•;

Agreed to by:

. FOR tHE STATE-OF GEORGIA:

"
. .

. .

FOR TBE UNITED STATES:

ZELLMILLER
Governor State of Georgia
EUGENEP. WALKER
I. Commissioner
Georgia Department 1 of Juvenile Justice
1
'

JANET RENO Attorney General ofthe United States

. "

~ : ,:

':'.:

. ,;
.' . .•. \
' (.'•i.•i . . . ' · ·.. 1:

,···

_____________ _ . _B_I_L_L_L_ANN--~L=E_E

, . 1 • : ~ ::! ; ::)..

Acting Assistant Attorney General Civil Rights Division United States Department of Justice .

. :.·:·<

.--:--·---------·---···-·-----·-·· ----·--·-·------;---:-----------·----·----··'

THURBERT E. BAKER Attorney General State of Georgia

STEVEN H. ROSENBAUM

Chief

..

Special Litigation Section ·

.,..___: ·.:·.•=~

.

;
'

,.......,...=-::-::=----~~~-::---------.'

.. '

MELLIE H. NELSON

Deputy Chief

Special Litigation Section .·~ :•. :

.
'

'

''·

KEVIN K. RUSSELL

JUDY C. PRESTON

SHELLEY JACKSON

Trial Attorneys

Special Litigation Section

Appendix. A

Plan Develop.ment and Implementation Timelines

IPhm
~·Education
Creation ofDJJ curricuh:im Criteria for class exclusion Iso.hi.tion educatiqn requirements Special Education Iclentifi.cation \ Parent IEP participation system Education staffmg plan Education staff training requirements Education quality assurance plan Mental Health

Agreement Deadline Deadline for Plan Consultant

Citation

for Plan Implementation required?

'i[15

-ll1 o/15/98 1/1/99

20

10/15/98 1/1/99

21

10/15/98 1/1199

25

10/15/98 1/1199

132

10/15/98 111/99

1133

10/15/98 See Appendix B

134

110/15/98 111/99

35

111/1/99 4/1/99

Yes

I

Yes

I

...

II ·

II

II

.·.

II .

. I.

138 Suicide Risk Screening instrument and :
policies
·.
140 YDC Mental Health Needs Assessment
policies

----·------·-----
1110/15/98 11111/99 1110/15/98 11111199

,. .. ····I'·I·
lt:_J

Yes

-'I

Protocols regarding admission of youth on 42 psychotropic medication
'

Mental Health Evaluation referral

43

protocols

1110/15/98 11111/99 IEJ411/99

'
'
Yes

.I Alternate mental health placement plan 46

111/99 711/99

Yes·

:ITreatment pian ~ontent protocols

47-48

111/99 4/1/99

Yes

Medication side effects n.o.tification

52

pro~ocols

Psychotropic medicati9n monitoring

53

protocols

110/15/98 11/1/99 1110115/98 .11111/99

··.'

Yes

t

Plan
Suicide prevention policies
Mental health staffing plan
Mental health stafftraining. plan j State mental health QA plan
IFacility Mental Health QA policy. I~edical Care·
Uniform protocols for physical ·exarilinations
IUniform protocols for sick call
J Medical records transfer system
IMedical staffing plan
IMedical staff training plan
lState medical QA plan

Agreement Citation 55 56 57. 59 60
63
64 69 70 171 72

Deadline Deadline for Plan for Plan Implementation 10/15/98 11111/99
10/15/98 I See Appendix B
1/1/99 114/i/99 111/99 114/119.9 1111.1/99 114/1/99
1110/15/98-1111199
10/15/98 111/99 10/15/98 1/1/99,
I 10/15/98 See Appendix B.
10/15/98 1/1/99 1111/99 4/1199

Consultant require. d?··········:·.:-.

Yes

. ·.···1:

........... !

·.· l
1

Yes

I:

Y~s ..... -·I:

!
.. :.-··:·.i l
.,
.. .:1

'
!
... ;'

'

.... '
.. ··:
..
···-· ·'
Yes .......1·:

Facility medical QA policy

73

Physical and Programmatic Capacity Direct care s~affrng plan. Direct care stafftraining plan '.'

1176. 1177

111/1/99 4/1/99

Yes

1110/15/98 II Se~ Appendix B I

I 1110/15/98

II

1r

1r

.I!
! ., __ , ·-·
!'
- ·-··'
...- •· ;:
-··· ... ····'
I'i ~:
. l.:,

i'•

. I.Risk Assessment instrument and policie~ · 1179

; !'netenti~n Alternatives Plan

lsi

-'I Physical Plant Expansion Plan

82

·11111199 111/1/99 1110/15/98

·-·-···--··-----·.,-:=r- .

:i!
'"";).;
~~~

I 7/1/99

I Yes

.. J

~7/=11=99======lii.__Y_es_ ____,...,I

. ~
I

_ _ Agreement Deadline Deadline for Plan Consultant
Citation ._fo_r Plan__, Implementation required?

Juvenile Justice Administration Plans

and ·policies

..' '.:
,•,

IClassification policies

84

1110/15/98 111/1/99

I Yes

·[

·I ·Morse V'(atclunan installation

r=8=5====11

13/1/99

I

. --;:; · ... '! . ~':·

1~p=p;=~=~=~e=~=~=n=s=p=ec=i=fi=c=co=rr.un==o=n=b=eha==v=io=r==~r=8=8=====~~~10/!~98 ~~~1=/=1/=9=9========~;;~Y-e_s____..-:.~~l

·.I Positive Behavior Management Plan

103 ·

1110/15/98 111/1/99

II·Yes

... 1

IUniform discipline policies

11104

l1 0/15/98 11111199

:ll=:l B=oo=t=c=am=p=ac=c==orr.un==od==a==ti=on=s=p=l=an===~~i=~1=0==8=====j 10/15/98 17/1/99

l . I Yes

. I:

Yes . . ~ ...

•1~~.B=oo=t=c=am=p=d=is=ci=p=lin=e=gm=.d=e=lin=es=====:lr=l1=0=9=====l 10/15/98 1/1/99

......... ~:

ll==============::::;:~===~

~===========l

·\

. j Time in cells regulations

jj113

10/15/98 111/99

.:

~~~=Q=u=a=liey==A=s=s=u=ra=n=c=e==============~.I

IAbuse Reporting System

llr-9-2-----,\10/15/98 1\1/1199

. ,:

Yes

.,j

:=FI =a=c=ili=ty==ab=u=s=e=in=v=.e=sti=.g=a=to=r=tr=a=im=.n=g=======l 93

1/1/99 1:=14=/=11=9=9======~~Y=e=s=====~.1:

~~=.~=u=~=~=in=v=e=sti=.g=a=ti=on=s=tr=am=.=in=g=p=lan=an==d==~ 97

110115/98 lr=Il =/=11=9=9=========:~Y=e=s==..=.='·=.-·=1,!

IOQA Quality Assurance Plan
.;.

117

111/1/99 114/1/99

AppendixB

Yes

... : .j:r

.!IJ
: . ::·,;J:r
1:·
··:.- ::..'.i.;:~!.}

.

:

-

.:-.

:

.

~:~
.. ~

.~:

.=· :: ..~r

Staffing Plans

---·--·---·-----------

: .

·:.. ·~::

Pursuant to the requirements of this Agreement, the State must develop certain staffing plans. For the purposes;

of meeting the requirements of this Agreement, the plans shall provide, at minimum, the staff increases stated·,.

below according to the time frames indicated. These staff increases are exclusive of any other staffmg

enhancements that may be undertaken due to increases in the population of the DJJ system or the opening of

new facilities, and are in addition to any enhancements in the Governor's recommendations for the FY 1999

budget.

·

~.
. \
1. Mental Health Services

(

·.~

During FY 1999 and FY 2000, through contractual arrangement, the Department will add one qualified mentag

health professional ("QMHP") in each RYDC to perform mental health and suicide risk screenings.

···: :1l

..;:!~;

. :, ···'·~:.
'An additional number of psychologists and psychiatrists will be contracted with to perform further necessary !.;

evaluation and/or testing, and to provide. all required psychological and psychiatric coverage. ·By the end of.F.Y

2000, this will create an average of eight hours ofpsychological/psychiatric services per week in RYDCs and an

average 20 hours of psychological/psychiatric services per week in YDCs (actual level of services may vary·,.,\

from facility to facility depending upon the facility population level).

.:·:

2·. Education

; :· ··-! •. '•

The Departmentwill hire 35 additional·special education teachers by June 1, 1999.

3. Juvenile Corrections Officers

I '

. .·: ~

The

Departnient

will

hire~

additional128

juvenile

corrections

officers

("JCOs")

during

fiscal

year

··:
1999jri'_::'.lt

order to increase the'staffing pfthe third shift at RYDCs and YDCs, according to the following schedule: 43 .:;:

JCOs shall be hired by January 1, 1999; 43 additional JCOs shall be hired by March 1, 1999; and 42 additioiii:il\

· JCOs shall be hired by May 1, 1999.

. ?:·

I~' •, • ~:
: :·~ ;;-,:'~~

4. Medical

:•;: ·' ::.:·

.BetWeen FY 1999. and FY 2001, an additional amount of registered nurse services will be provided for eac:q_·::~ ..::

RYDC and YDC by contractual arrangement, to insure the coverage provided for in~ 70(a)-(b) ofthis

··.: ':

Agreement.

Between FY 1999 and FY 2001, additional physician assistant services will be provided for in each RYDC and
YDC by contractual arrangement, to insure the coverage provided for in 'if 70(c)-(d) ofthis Agreement.

.

. .

Between FY 1999 and FY 2001, contractual arrangements will be provided for the dental services required by 'i[;

65(a) ofthis Agreement. This shall include, at minimum, provision of an average of 20 hours per week of dent~
may services in YDCs and an average of 5 hours of dental services per week in RYDCs (actual level of services·:

vary from facility to facility depending upon the facility population level).

·

· . . ::

>i
\;,;

......:. :. ! ;·1 :~

·----···---- -----:---

-------·---------·-----·-···-------···-- ·· ··- .,.--i::sr

. ...; ..:

.

·.~:

5. Counselors

...,..

·-'·

.An additional 44 counselors will be hired by the Departm. ent by January 1. , 1999. '

Appendix C
Use of Force Policy

AppendixD Chemical Spray Policy

......

·-
.-.~.·,

• •... i· •• :\

. ·'.:\:

..
I ', .~:

AppendixE
; I

Due Process Policy

./
·· .. ·.~.: ·. ·::
'I

.~ :.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

UNITED STATES OF AMERICA, Plaintiff,
vs. THE STATE OF GEORGIA, et al.,
Defendants.

) CIVIL ACTION NO. ) ) 1:98-CV-836-JEC ) ) ) ) MODIFIED ORDER OF ) CONDITIONAL ) DISMISSAL ) ) ) ) )

Plaintiff, the United States of America, and Defendants, the State of Georgia, et al., have determined that the interests of all concerned Parties can best be served by entering into a modified settlement in regard to the operation of the secure juvenile justice facilities operated by the Georgia Department of Juvenile Justice. In recognition of these interests and to avoid adversarial litigation, the parties have entered into a Modification of the Memorandum of Agreement, attached to their Joint Motion to Amend the Order of Conditional Dismissal, to settle this matter and have moved this Court to amend its Order of Conditional Dismissal.

Having reviewed the joint motion and for good cause shown;

IT IS HEREBY ORDERED that this case shall be placed on this Court’s inactive docket; this case shall be dismissed upon the State’s substantial compliance with the terms of the Modification of the Memorandum of Agreement; and this Court will retain jurisdiction over the case until an order of final dismissal is entered.

DATED this ____ day of

, 2008.

Presented by:
DANIEL A. CALDWELL Assistant U.S. Attorney Georgia Bar No. 102510
Counsel for Plaintiff United States of America

JULIE E. CARNES UNITED STATES DISTRICT JUDGE

-2-

 
 U.S. v. Georgia
Memorandum of Agreement Between the United States and the State of Georgia
Concerning Georgia Juvenile Justice Facilities

TABLE OF CONTENTS

I. INTRODUCTION

-1-

II. DEFINITIONS

-3-

III. GENERAL PROVISIONS
IV. EDUCATIONAL SERVICES A. General and Vocational Education B. Special Education C. Staffing D. Staff Training E. Educational Quality Assurance

-8-
-8-9-12-15-16-16-

V. MENTAL HEALTH CARE A. Intake Screening and Assessment B. Evaluation C. Placement D. Treatment E. Suicide Prevention F. Staffing G. Staff Training H. Quality Assurance

-16-17-19-20-21-24-25-27-28-

VI. MEDICAL CARE

-28-

A. Admissions Screenings and Physicals . . . . -29-

B. Sick Call

-29-

C. Treatment

-29-

D. Medical Records

-3 0-

E. Staffing

-31-

F. Staff Training

-32-

G. Quality Assurance

-33-

VII.

PHYSICAL AND PROGRAMMATIC CAPACITY A. Staffing and Staff Training B. Population and Physical Plant Capacity 1) Risk Assessment Standards 2) Capital Improvement and Expansion

-33-34. . . -35-35. . . -37-

VIII. PROTECTION FROM HARM A. Classification B. Supervision of Youth C. "Use of Force D. Protection from Staff Abuse

-38-38-38-38-40-

IX. OTHER GENERAL CORRECTIONAL MATTERS A. Discipline B. Boot Camp Admissions and Practices C. Grievance Procedures D. Miscellaneous Correctional Issues

-44-44-45-46-46-

X. JUVENILE JUSTICE QUALITY ASSURANCE
XI. MONITORING A. Role of the OPB Monitor B. Monitoring by the United States C. Plan Development and Enforcement D. Resolution of Enforcement Disputes E. Termination of the Agreement
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E

-47-
-51-51-52-53-56-57-
-Al-
-Bl-
-Cl-
-Dl-
-El-

-ii-

OF AGREEMENT I. INTRODUCTION
On March 3, 1997, the United States notified Governor Zell Miller and other Georgia officials of its intent to investigate various juvenile facilities in the State of Georgia under the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997a, et seq., and the pattern or practice provision of the Violent Crime Control and Law Enforcement Act, 42 U.S.C. § 14141. Byletter dated March 6, 1997, Governor Miller notified the thenActing Assistant Attorney General for the Civil Rights Division that the State, through its Department of Juvenile Justice ("DJJ") , would fully cooperate with this review.
During its year-long investigation and inspection of facilities, the United States received complete cooperation and access to all requested documents and facilities from DJJ Commissioner Dr. Eugene P. Walker, the staff of DJJ, and the Georgia Attorney General's office.
On February 13, 1998, the United States, through the Acting Assistant Attorney General for the Civil Rights Division, issued a findings letter in which it concluded that certain conditions in Georgia's juvenile justice facilities allegedly violated particular constitutional and federal statutory rights of juveniles.
Immediately upon their receipt of the United States' findings letter, Governor Miller, Commissioner Walker, the
-1-

Georgia Attorney General, and their respective staffs expressed their intent to cooperate with the United States in an effort to address the findings contained in the February 13, 1998, letter.
The parties have engaged in good-faith negotiations to reach agreement on this Memorandum of Agreement (hereinafter referred to as the "Agreement") . The parties agree that the provisions of this Agreement are necessary to ensure compliance with federal law, while also preserving the State's legitimate and significant interests in public safety, facility security, and in determining the philosophy by which it shall operate its juvenile justice system within federal constitutional and statutory limitations.
Furthermore, in entering into this Agreement, the parties have given substantial consideration to its impact on public safety and the operation of the juvenile justice system, and believe that this Agreement is narrowly drawn to provide the least intrusive means necessary to address the issues identified in the United States' investigation without adversely affecting the State's significant interest in protecting the safety of the citizens of Georgia through the use of secure juvenile detention facilities.
The United States further agrees that once juveniles are detained in State facilities, the State of Georgia has a right to impose policies and procedures for the protection of the public, the staff of DJJ, and the juveniles within the State's custody. The parties agree that the relief provided in this Agreement extends no further than is necessary to ensure protection of
-2-

youths' federal rights, and that so long as the State's policies and procedures are in accordance with federal laws and meet constitutional standards, the State of Georgia has the right to determine the philosophy by which it shall operate its juvenile justice system.
The United States further recognizes that its letter notifying the Governor of the results of its investigation focused, by virtue of statutory requirements, on conditions the United States believed to violate federal law and, therefore, did not fully discuss positive aspects of the State's juvenile justice system or improvements to the quality of the State's juvenile justice programs in recent years. The purpose of this Agreement is to effectuate and continue that progress for the benefit of youths in the DJJ system and the citizens of the State of Georgia.
II. DEFINITIONS 1. "Department" or "DJJ" shall mean the Georgia Department of
Juvenile Justice. "Department of Juvenile Justice facility" or "DJJ facility" means any secure juvenile facility operated by, or on behalf of, the Georgia Department of Juvenile Justice, and shall include all Regional Youth Detention Centers ("RYDCs") , 90-day programs (including boot camps), and Youth Development Campuses ("YDCs") ,
-3-

including those facilities operated by private contractors for the State. "Direct care staff" means staff involved in the daily supervision of youth, and include Juvenile Corrections Officers and their supervisors, security staff, and cottage life supervisors. "Long-term security unit" means any higher security unit with locked cells used for housing youths who exhibit behavior problems for more than 72 hours. This shall include, but not be limited to, the Detention Unit at the Macon YDC, Unit 14 at the Bill E. Ireland YDC, and the "Brig" at the Irwin YDC, and similar units in other facilities. "Major disciplinary infraction" means a violation of a facility rule that imposes a serious risk of: (a) harm to persons; (b) substantial damage to property; or (c) breach of facility security. A "mental health and suicide risk screening" means, at minimum, an interview with a youth and review of available records, in accordance with a DJJ screening instrument and relevant policies, to identify immediate mental health and suicide risks upon admission to a DJJ facility. A "mental health evaluation" means, at minimum, a complete initial psychological or psychiatric evaluation, performed by a psychiatrist or psychologist, and any additional
-4-

psychological or psychiatric testing, in accordance with professional standards. A "mental health needs assessment" means, at minimum, an interview and review of available records and other pertinent information by a mental health professional with at least a master's degree in a mental-health related field, designed to identify significant mental health treatment needs to be addressed during a youth's confinement. A "plan of correction" shall mean a plan detailing steps to be taken by a facility to correct deficiencies identified during quality assurance activities, and shall include a timetable for implementation of the corrective measures and a schedule for timely reinspection by the quality assurance auditors to verify that the corrective measures have been implemented and have effectively addressed the deficiencies. "Qualified mental health professional" or "QMHP" means a professional with education, training and experience adequate to perform the duties required in accordance with professional standards. At minimum, a QMHP must have a bachelor's degree in a mental health-related field. When the QMHP is required to provide individual counseling to mentally ill youths, the QMHP shall have at least a master's degree in a mental health-related field and appropriate training and experience in the provision of mental health counseling.
-5-

10. A "Quality Assurance Program" shall have, at minimum, the following components: a. Comprehensive audits by qualified professionals of relevant programs at each DJJ facility to monitor compliance with DJJ policies and the terms of this Agreement. A comprehensive audit shall be conducted at each facility within one year of the implementation of the quality assurance plan, and on a bi-annual basis thereafter. A comprehensive audit shall include, at minimum: i. Review of a relevant documents (for example, medical, mental, institutional records; incident, use of force, OC spray, and disciplinary reports; grievances; unit logs, room check records, appointment books; lesson plans, IEPs, test results; behavior management and treatment plans). Records shall be reviewed for both adequacy of documentation and for quality of services, ii. Interviews with relevant staff, including not only those staff directly involved in the service being audited, but also other staff who may have relevant information, including administrators. iii. Interviews with youths.
-6-

iv. Observation of relevant activities (such as treatment team and IEP meetings, classes, admission screenings, educational testings, physicals, etc.).
v. Steps to determine whether there are youths in the facility who should be receiving the relevant service but are not, including random re-evaluations of recent intakes and interviews of line staff who may be aware of youths who should be, but are not, receiving the relevant service.
vi. Written findings and the development of plans of correction.
vii. Review of the adequacy of each facility's internal quality assurance activities when relevant.
b. Regular unannounced site-visits, in addition to comprehensive audits, to monitor compliance with DJJ policies and the terms of this Agreement, and to conduct other quality assurance activities.
c. Monitoring and review of serious incidents relevant to the area of care supervised by the quality assurance program, in accordance with written guidelines that determine when such review is triggered. Such review shall involve debriefings with relevant staff to determine
-7-

whether policies, practices or training should be modified to minimize the risk of such events in the future. d. System-wide and facility-based collection and analysis of relevant data to measure compliance with DJJ policies and the terms of this Agreement. e. Quarterly reports summarizing quality assurance activities, findings and recommendations.
III. GENERAL PROVISIONS 11. This Agreement shall apply to the administration of all DJJ
facilities. 12. The State shall be responsible for assuring the fulfillment
of all responsibilities and obligations imposed by this Agreement upon State employees, contractors, departments or other sub-units of the State government, including provision of adequate resources for the fulfillment of these responsibilities and obligations.
IV. EDUCATIONAL SERVICES 13. The State shall provide all youths confined in the DJJ
facilities with adequate general, vocational and special education in compliance with the Fourteenth Amendment of the United States Constitution, the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400 et
-8-

[, and regulations promulgated thereunder, Section 504, 29 U.S.C. § 794, and regulations promulgated thereunder, Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131-12134, and regulations promulgated thereunder, Georgia state law, and this Agreement.
A. General and Vocational Education 14. The Department shall recruit and hire, from outside the
Department, a Director of Education, who shall be highly qualified for the position. The Director shall begin employment on or before August 1, 1998. The Department shall provide the Director of Education with sufficient staff and resources to perform the tasks required by this Agreement, including: a. Oversight of the educational programming in all DJJ
facilities, including development and implementation of policies and training programs. b. Monitoring whether educational staffing and resources are sufficient to provide adequate education to all DJJ youths and to ensure compliance with this Agreement; c. Development and implementation of a quality assurance program for educational services. 15. The Director of Education shall, in consultation with the State Department of Education, develop and implement a curriculum for instruction in DJJ facilities that meets the requirements of Georgia law for public schools and the rules
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and regulations of the State Board of Education for the provision of regular, special and vocational education services. 16. The Department shall not be eligible for waivers of anyState Board of Education requirements if the waiver would result in a reduction in the amount or quality of educational services required of other public schools. 17. The Department shall offer preparation for testing and testing that leads to the attainment of a General Educational Development certificate to qualified students in YDCs and all other qualified youths who have been confined in DJJ facilities for at least 6 months. If a youth is released before completion of the testing, the Department shall ensure that he or she is provided with appropriate information on how to complete the examination process. 18. Within 72 hours of admission to a DJJ facility, each youth shall receive adequate educational testing to determine educational level for class assignment and the possibility of eligibility for special education services. All youths shall be enrolled in educational programming within 72 hours of admission, even if educational testing or special education evaluation has not been completed. 19. To the extent possible, students shall be assigned to classes according to educational criteria. 20. The Department shall maintain daily school attendance records. The Department shall devise appropriate criteria
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for the exclusion of students from school and maintain a document that lists the number and names of all students who were excluded from school. The Department shall also record the name of the youth excluded, the name of the person who authorized his or her exclusion, the reason for his or her exclusion, and the duration of the exclusion. 21. The Director of Education shall develop and implement policies for the provision of a reasonable level of educational services to youths who are (a) in disciplinary isolation or (b) otherwise unable to attend school for a significant period of time. 22. The Department shall provide adequate classroom space, administrative space, instructional and reading materials, and supplies so that the Department shall be able to implement the provisions of this Agreement. 23. In accordance with state law, the Department shall provide an appropriate curriculum such that all youths will be eligible to receive academic credit and educational advancement for their educational achievements at a DJJ facility according to standards equivalent to those used by the public schools. The Department shall provide appropriate records to the local schools to facilitate transfer of such credits according to the general practice of public schools in Georgia. The Department shall undertake efforts to encourage schools to recognize course work completed in the DJJ educational system.
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24. The Department shall provide all youths with adequate information regarding the procedures to be followed in order to return to the youth's home, or another, school. The Department shall provide a youth's school records to the superintendent of the school system to which the youth returns, and will make such records available to any other school upon request.
B. Special Education 25. The Director of Education shall develop and implement
policies and procedures, consistent with federal regulations, to identify students who are receiving special education services in their home schools, or who may be eligible to receive special education services but have not been so identified in the past. The procedures shall include: a. Guidelines for interviewing students to determine past
receipt of special education services. b. Protocols, developed in conjunction with local school
districts and the State Department of Education, for expedited reporting of special education status of students entering a DJJ facility. c. Procedures identifying criteria under which staff or teachers must refer a student for evaluation for special education eligibility, including identifying criteria under which youths whose behavior has led to
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repeated exclusion from class must be referred for evaluation. d. Policies describing the required activities of Student Support Team pre-referral and support team functions. e. Policies describing the requirements for comprehensive evaluation procedures to determine eligibility for special education services. f. Policies describing the criteria for multidisciplinary team decision-making regarding eligibility for special education. 26. The Department shall ensure that qualified professionals participate in the process for determining special education eligibility, as required by federal regulations. 27. If a youth is discharged from any DJJ facility before the educational evaluation required in f 25(e)-(f), is complete, the Department shall forward to the superintendent of the youth's receiving school district all information regarding screening and evaluations completed to date, noting what evaluations are yet to be performed. 28. The Department shall substantially implement pre-existing valid Individual Education Plans ("IEPs") and, when no such IEP is in existence, shall hold team meetings to develop an IEP for qualified special education students in accordance with federal regulations.
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29. In developing or modifying an IEP, the Department shall assure that the IEP reflects the individualized educational needs of the student.
30. When the nature or severity of a student's disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily, the Department shall provide an appropriate alternate educational setting.
31. Each IEP developed or modified at a DJJ facility shall include documentation of the team's consideration of the youth's need for related services and transition planning. The Department shall employ or contract with appropriate professionals to ensure the timely availability of related services to youths in all DJJ facilities.
32. The Director of Education shall develop and implement a system to promote parent, guardian, and surrogate parents' involvement in IEP development and placement meetings. This shall include, at minimum, holding such meetings through telecommunications technology or during times reasonably calculated to accommodate the schedules of parents and guardians. The Department shall post notices in each facility stating the rights of students, parents, or guardians regarding education services, including special education services.
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C. Staffing 33. The Director of Education shall develop and implement an
education staffing plan to ensure adequate staff to comply with the terms of this Agreement, and in accordance with Appendix B. This plan shall provide, at minimum: a. Sufficient numbers of certified general education and
certified special education teachers and staff, including substitute teachers and staff, to provide all youths with the opportunity to attend school full-time (except as provided in % 21) and to obtain adequate educational services, and to provide teachers with sufficient time to plan lessons and grade assignments, participate in special education meetings, and where applicable, undertake administrative tasks. b. Sufficient psychologist services to provide psychologist participation in the development of IEPs, administration of psycho-educational assessments, consultation with teachers and staff, and individual counseling related specifically to issues in youths' IEPs and educational plans. c. Sufficient numbers of other counseling staff in all DJJ facilities to adequately complement the counseling services provided by the school psychologist. d. An individual at each facility who shall be responsible for ensuring compliance with all provisions in this Agreement related to educational services.
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p. Staff Training 34. The Director of Education shall design and implement annual
in-service training requirements for education staff, of not less than four days per year, to enhance their ability to implement their duties under the provisions of this Agreement. This shall include, but not be limited to, training regarding the identification of students who may need special education and/or related services.
E. Educational Quality Assurance 35. The Director of Education shall be charged with quality
assurance of all educational services at all of the juvenile facilities. The Director of Education shall develop and implement a written quality assurance program. This program shall include a system of on-going review by the Director's office of at least a representative sample of IEPs developed or modified in DJJ facilities to monitor quality and assure compliance with the requirements of DJJ policy and the IDEA.
V. MENTAL HEALTH CARE 36. The Department shall ensure that adequate mental health care
and treatment services are provided to youths in all DJJ facilities. 37. The Department shall recruit and hire, from outside the Department, a Director of Mental Health, who shall be highly
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qualified for the position. The Director shall begin employment on or before August 1, 1998. The Department shall provide the Director of Mental Health with sufficient staff and resources to perform .the tasks required by this Agreement, including: a. Oversight of the mental health care and treatment
services in all DJJ facilities. This shall include development and implementation of: i. Policies and training programs. ii. Programs and services required to meet the mental
health needs of youths, which may include programs relating to drug and alcohol abuse, histories of sexual or physical abuse, and sexual offenders. b. Monitoring whether mental health staffing and resources are sufficient to provide adequate mental health care and treatment services to all DJJ youths and to ensure compliance with this Agreement. c. Development and implementation of a quality assurance program for mental health care.
A. Intake Screening and Assessment 38. The Mental Health Director shall develop and implement a
mental health and suicide risk screening instrument for use in all DJJ facilities. The Director shall also develop and implement a training program for staff who will administer the screenings.
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39. In accordance with the policies and screening instruments developed by the Director of Mental Health, a qualified mental health professional shall conduct an intake screening for each youth as soon as practicable upon admission to any DJJ facility. When no such professional is on site to conduct the screening, it shall be conducted by another staff member who has received specific training in conducting such assessments. The staff member shall as soon as is practicable then contact the mental health professional and confer.
40. In accordance with policies developed by the Director of Mental Health, each youth admitted to a YDC shall receive a timely mental health needs assessment. The mental health professionals who administer the assessment shall receive specific training in conducting such assessments.
41. A psychologist must review and sign the mental health needs assessment. Pursuant to protocols issued by the Director of Mental Health, the psychologist shall make appropriate referrals for further evaluation or treatment, or take other appropriate steps.
42. The Director of Mental Health shall issue protocols to assure appropriate action when an intake screening indicates that a youth is taking, or prior to admission may have been prescribed, psychotropic medications. This shall include appropriate steps to contact the prescribing psychiatrist
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when necessary and referral to the facility's psychiatrist for evaluation.
B. Evaluation 43. The Director of Mental Health shall develop and implement
protocols for referral of youths for mental health evaluations based on the results of the mental health and suicide risk screening or the mental health needs assessment, other referrals from staff, or the conduct of the youth during the course of confinement in a DJJ facility. These protocols shall require referrals, at minimum, when: a. A youth's mental health poses a risk of physical harm
to himself or others or the youth has been diagnosed as mentally ill. b. The youth exhibits mental health problems but does not have a current mental health diagnosis from a psychologist or psychiatrist. c. The youth is determined to be taking psychotropic medications, or has taken them in the recent past; d. The youth requires a change of medication prescribed as a result of any mental health condition. 44. If a need for mental health treatment is indicated, the youth shall receive adequate treatment, which shall include: a. In a YDC, treatment in accordance with a treatment plan
developed for the youth, as described in 11 47-54.
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b. In an RYDC, the psychologist or psychiatrist must document findings and a plan of treatment that takes into account the extent of the youth's mental health needs and the likely length of the youth's stay in the facility. This plan may include treatment team planning and must include appropriate periodic monitoring of any psychotropic medications.
C. Placement 45. The Department shall identify youth whose severe mental
illness requires treatment that cannot be provided adequately in an RYDC, YDC or short-term program. Such youths shall be identified through a needs assessment upon or prior to admission to a YDC (pursuant to criteria developed by the Director of Mental Health) or by a determination by a treating psychologist or psychiatrist at any DJJ facility at any time. Once a youth has been designated as in need of an alternative placement, the Department shall as soon as is practicable provide for placement in a forensic psychiatric facility or other setting consistent with the youth's mental health needs. 46. The Director of Mental Health shall develop and implement a plan to provide an adequate number of appropriate alternate placements, which may include forensic units or cottages at existing facilities, special forensic facilities, and/or . placements in private facilities or a psychiatric hospital.
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The plan shall provide for at least 100 mental health slots for appropriate alternative mental health placements byfiscal year 2001. The Director shall monitor the utilization of such placements and the number of referrals to assure the maintenance of an adequate number of alternative placement options.
• D. Treatment 47. Each youth receiving psychotropic medication or otherwise in
need of mental health treatment in a YDC shall have a treatment plan in accordance with professional standards and practice. The treatment plan shall be developed by a treatment team pursuant to policies developed by the Director of Mental Health, which shall include identification of the required members of the treatment team. 48. The Director of Mental Health shall develop and implement protocols for the required content of treatment plans, which shall include, at a minimum: a. That the treatment plan be individualized; b. An identification of the psychiatric or psychological
issues to be addressed; c. A description of any medication or medical course of
action to be pursued, including the initiation of psychotropic medication;
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d. A description of planned activities to monitor the efficacy of any medication or the possibility of any side effects;
e. A description of any behavioral management plan or strategies to be undertaken;
f. A description of the counseling or psychotherapy to be provided;
g. A determination of whether the type or level of treatment needed can be provided in the youth's current placement;
h. A determination of whether family counseling is required as a part of the youth's treatment;
i. A plan for monitoring the course of treatment; and, j. A transition plan for when the youth leaves the care of
DJJ, which shall include providing the youth and his or her parents or guardian with information regarding mental health resources available in the youth's home community; making referrals to such services when appropriate; and providing assistance in making initial appointments with service providers. However, nothing in this Agreement shall make the Department responsible for providing mental health services to youths no longer in the custody of the Department. 49. The Department shall ensure cooperation by all facility staff in implementing all treatment plans. Each facility shall take necessary steps to ensure that all relevant staff
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are aware of, and implement, their responsibilities under the treatment plan. The Department shall take reasonable steps to implement the plan including, for example, reasonable steps to enable family participation in family counseling when indicated by the treatment plan. 50. All mental health treatment shall be documented in accordance with professional standards in a youth's medical record. 51. Prior to initiating a prescription for psychotropic medications, a psychiatrist shall give and document a complete psychiatric examination, including an initial psychiatric exam, mental status exam, differential diagnosis, review of the youth's medical chart, a DSM-IV five-axis diagnosis, and clinical recommendations. 52. The Director of Mental Health shall issue and implement protocols to require that youths prescribed psychotropic medications at DJJ facilities be given information regarding the risks and potential side effects of the medication. The protocol shall also direct when such information should also be provided to the youth's parents or guardians. Compliance with this requirement shall be documented in the youth's chart. 53. The Director of Mental Health shall issue and implement protocols to assure that each youth receiving psychotropic medication shall be seen by the treating psychiatrist for
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periodic reassessment and monitoring in accordance with professional standards. 54. The Director of Mental Health shall issue and implement protocols for the administration of appropriate tests (including, for example, blood tests, EKGs, and Abnormal Involuntary Movement Scale tests), to monitor the efficacy and side effects of psychotropic medications in accordance with professional standards.
E. Suicide Prevention 55. The Director of Mental Health shall issue and implement
uniform regulations for the detection of and appropriate response to suicide risks in all DJJ facilities, which shall provide: a. That youths generally shall not be isolated in response
to suicide risk or significant or substantial suicidal threats or gestures; b. That suicidal youth shall be immediately referred to an appropriate mental health professional for evaluation. c. That as soon as practicable, any youth determined to be at continued risk for suicide shall have a written, individualized suicide prevention plan developed by a qualified mental health professional and implemented by the facility.
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F. Staffing 56. The Director of Mental Health shall develop and implement a
staffing plan to ensure adequate mental health staff to comply with the terms of this Agreement, and in accordance with Appendix B. The plan shall identify the numbers and qualifications of staff needed and shall provide, at minimum, that: a. Each youth in need of psychiatric services, including
monitoring of the use of psychotropic medications, shall be under the care of a licensed psychiatrist. Where available, the psychiatrist shall be a boardcertified in child and adolescent psychiatry. When no board-certified child and adolescent psychiatrist is available, the Director of Mental Health shall ensure the psychiatrist receives periodic training related to child and adolescent psychiatry and shall arrange for a board-certified child and adolescent psychiatrist to provide consultation. The Department shall employ or contract for sufficient psychiatric services to permit a psychiatrist to fulfill the following functions: i. Conduct needed psychiatric evaluations prior to
placing a youth on psychotropic medications, ii. Monitor, at least monthly, the efficacy and side
effects of psychotropic medications, including consultation with facility medical, counseling and line staff when appropriate.
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iii. Participate in treatment teams in conjunction with facility staff,
iv. Provide individual counseling and psychotherapy when needed, in coordination with facility psychologists.
v. Evaluate and treat in a timely manner all youths referred as possibly in need of psychiatric services, including emergency evaluation of youths believed to be at potential risk for suicide or self-harm,
vi. Provide adequate documentation of treatment in the facility medical records.
b. In each YDC, there shall be at least one full-time qualified mental health professional who shall function as the treatment coordinator for the youths in that facility.
c. In each RYDC there shall be a qualified mental health professional who shall who shall function as the treatment coordinator for the youths in that facility and who shall conduct mental health and suicide risk screenings.
d. In each YDC and RYDC, there shall be sufficient numbers of qualified mental health professionals to perform the following functions:
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i. Conduct mental health and suicide risk screening (or review of screening) for all new intakes upon admission,
ii. Perform evaluation of youths believed to be in psychological distress or at risk for suicide or self-harm, and referral for treatment team meetings, psychiatric consultation or hospitalization as appropriate,
iii. Participate in treatment planning when required to do so by the policies promulgated by the Director of Mental Health in 1 47.
iv. Implement the mental health services required in this Agreement,
v. Review every incident report involving youths identified as having mental health problems.
G. Staff Training 57. The Director of Mental Health shall design and implement
pre-service and annual continuing education requirements for mental health staff appropriate to the staff member's responsibilities. 58. All direct care staff at DJJ facilities shall receive preservice and annual refresher training in suicide prevention, side effects of psychotropic medications, and methods for managing the behavior of youths with mental health problems.
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H. Quality Assurance 59. The Director of Mental Health shall create and implement a
written quality assurance program which shall include, at minimum, activities to monitor the involvement of mentally ill youth in major disciplinary infractions and use of force incidents. 60. The Director of Mental Health shall also create policies for quality assurance activities within each DJJ facility, including review of both documentation and quality of treatment.
VI. MEDICAL CARE 61. The Department shall ensure that adequate medical care is
provided to youths in all DJJ facilities. 62. The Department shall continue to employ a Medical Director.
The Department shall provide the Director with sufficient staff and resources to perform the tasks required by this Agreement, including: a. Oversight of medical care in all DJJ facilities,
including monitoring the performance of private medical contractors and the development and implementation of policies and training programs. b. Monitoring whether medical staffing and resources are sufficient to provide adequate medical health care and
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treatment services to all DJJ youths and to ensure compliance with this Agreement. c. Development and implementation of a quality assurance program for medical care.
Admissions Screenings and Physicals 63. The Medical Director shall develop and implement policies
and procedures to ensure that youths in DJJ facilities are provided timely, uniform and adequate physicals, including a uniform set of screening and laboratory tests, and shall ensure that test results are available to health care personnel in a timely manner to permit adequate treatment of residents.
£_,_ Sick Call 64. The Department shall provide all youths with reasonable
access to physicians for medical care through a reasonable sick call system. The Medical Director shall create and implement policies setting forth the requirements of facility sick call systems.
C. Treatment 65. The Department shall provide adequate medical care to all
youths in its facilities, including: a. Adequate dental care services, including treatment
necessary to prevent loss of teeth and ameliorate pain
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and, for youths committed to YDCs, cleaning and restorative services according to professional standards; b. Timely access to appropriate medical specialists and hospitalization when indicated; and c. Twenty-four-hour infirmary services at each YDC. 66. DJJ administrators other than the Medical Director shall not overrule medical decisions made by physicians, including medical decisions to refer a youth for specialty consultation or dental services. 67. The Medical Director's office shall review and update, where appropriate, agency health policies to encompass all aspects of the health program in the facilities.
D. Medical Records 68. Every medical encounter, including all sick call encounters,
shall be documented in a progress note in the youth's medical record. 69. The Medical Director shall develop and implement a plan to assure that when a youth leaves a DJJ facility, a copy or complete medical summary of the youth's medical records will be transferred upon request to the youth's destination facility or, when appropriate, to the youth or youth's family in the case of release.
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E. Staffing 70. The Medical Director shall develop and implement a medical
staffing plan to ensure adequate medical staff to comply with the terms of this Agreement, and in accordance with Appendix B. This plan shall provide, at minimum: a. At each RYDC, a registered nurse shall be on duty at
least 8 hours a day, seven days a week. Each facility shall have round-the-clock medical coverage on at least an on-call basis. b. At each YDC, registered nurses shall be on duty twelve hours a day, seven days a week. During the day shift, there shall be at least two registered nurses on duty. c. At each RYDC, a physician's assistant or nurse practitioner shall be employed one-quarter-time for each 50 youths housed at the facility. These mid-level practitioners shall conduct initial physical examinations, as well as diagnose and treat sick or chronically ill residents. d. In each YDC, one full-time physician's assistant or nurse practitioner shall be employed for every 100 youths residing in the YDC. These mid-level practitioners shall complete initial health evaluations and physicals, supervise the nurses, direct the primary and preventative care for the residents, and manage the health unit to focus on program improvement and staff
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development under the direction of the central office Medical Director. e. Each DJJ facility shall provide sufficient physician services to permit the physician to adequately see patients referred from sick call, provide required supervision of the care of chronically ill youths, and review the work quality of facility nursing and midlevel professional staff.
F. Staff Training 71. The Medical Director shall develop and implement a
comprehensive training plan for DJJ medical personnel, which shall include pre-service training requirements, annual inservice training requirements, and such other continuing education deemed appropriate. The training requirements shall cover areas appropriate to the staff's position and function. The topics covered in such training shall include: a. For nursing staff: assessment and management of health
problems commonly seen at sick call; the routine follow-up of problems identified in the initial health history, physical examination, and screening tests; and proper implementation of the State Clinical Guidelines. b. For Nurse Practitioners, Physician's Assistants and Physicians: the evaluation and management of significant acute and chronic conditions found among
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youths in the facilities; and proper implementation of the State Clinical Guidelines. c. For line or other staff who may conduct initial medical screenings: training in the proper administration of the medical screening instrument.
G. Quality Assurance 72. The Medical Director shall create and implement a written
quality assurance program. 73. The Medical Director shall also create policies for quality
assurance activities within each DJJ facility, including review of both documentation and quality of treatment.
VII. PHYSICAL AND PROGRAMMATIC CAPACITY 74. The Department shall provide adequate direct care staff in
every DJJ facility to protect youths from harm; provide adequate security for the facility; safely evacuate the facility in the event of a fire; and to provide a sufficient level of supervision to allow youths reasonable access to medical services, exercise, recreation and adequate time spent in out-of-cell activities. 75. Within a reasonable time, the Department shall provide and maintain adequate living, sleeping, classroom and recreational space for youths in every DJJ facility. This shall include assuring that every youth shall be provided a
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bunk in a room with no more than one other youth, except in dormitory settings or in exigent circumstances of limited duration.
A. Staffing and Staff Training 76. The Department shall develop and implement a staffing plan
for direct care staff to ensure adequate staff to comply with the terms of this Agreement, and in accordance with Appendix B. 77. The Department shall present a plan to provide for adequate training for all DJJ direct care staff, including preservice training, annual in-service training, and the equivalent of pre-service training for all current direct care staff who have not previously received the DJJ preservice training or its substantial equivalent. The United States acknowledges that the DJJ has begun implementing a plan for comprehensive training of juvenile corrections officers that may form the basis of this plan. This plan shall: a. Set forth minimum competency standards for DJJ
employment. b. Set forth a time line under which all staff shall meet
the training requirements as outlined in the plan. c. Provide for sufficient training resources to assure
compliance with the requirements of this Agreement.
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d. Acknowledge that Office of Quality Assurance staff (provided for in 1 114) or other DJJ staff may conduct random or unannounced visits to DJJ facilities to ensure that staff are carrying out their duties in accord with the training required by the plan and described in this section of the Agreement.
B. Population and Physical Plant Capacity 78. The United States acknowledges that the State has undertaken
a significant expansion of its physical facilities in recent years and has plans for further expansions. Based upon these plans, the State shall submit a plan under this Agreement to reduce crowding in its facilities. At a minimum, this plan shall include: a. State-wide uniform detention standards based on a Risk
Assessment instrument and protocols that evaluate youth for placement in alternative detention programs based on the individual risk factors of the youth, and development of a continuum of alternatives to RYDC detention. b. Commitments to expand the physical capacity of RYDCs and YDCs.
1) Risk Assessment Standards 79. The Department shall create a Risk Assessment instrument for
pre-adjudication detention decisions and related policies on
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the use of the Risk Assessment instrument. The Risk Assessment policies shall identify youths who may not legally be held in secure detention facilities, youths whose risk factors make use of non-secure detention alternatives appropriate, and youths whose risk factors make secure detention mandatory. The Department shall require that youths appropriate for non-secure placement be so placed when such placements are available and shall forbid placement of youths in secure facilities when such placement is prohibited by the requirements of the Juvenile Justice and Delinquency Prevention Act, 42 U.S.C. § 5601 e_t seq. and its implementing regulations. 80. The Department shall compile statistics regarding the use of alternative placements, including: the number of youths determined to be appropriate for alternate placements; the number of such youths actually placed in alternate placement settings; and the number placed in RYDCs. 81. To effectuate the Risk Assessment Standards, reduce the harms associated with crowding in the secure detention facilities, and seek to prevent the secure detention of status and certain other offenders, the Department shall create and implement a plan for the development of a continuum of alternatives to detention in RYDCs. At a minimum, this plan shall provide sufficient alternatives in every RYDC catchment area to ensure compliance with the
requirements of the Juvenile Justice and Delinquency
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Prevention Act, 42 U.S. C. § 5601 e_t seq. and its implementing regulations, and shall provide for the creation of at least 380 additional alternative placement slots for youth who would otherwise be confined in RYDCs between fiscal year 1999 and fiscal year 2001.
2) Capital Improvement and Expansion 82. The State shall develop and implement a plan for the
expansion of its physical facilities. The parties agree that the State's on-going capital improvement project may form the basis of the physical plant expansion plan required by this paragraph. The plan shall set forth specific time tables indicating the extent of the increase in capacity and the number of youth to be housed in each facility. The United States acknowledges that, prior to the initiation of its investigation, the State developed plans to replace and demolish the Fulton County Detention Center. The State commits that it will begin tearing down the building formerly housing the Fulton County Detention Center during fiscal year 1999. Once that is completed, the United States shall consider all matters concerning the Fulton County Detention Center closed and at an end.
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VIII. PROTECTION FROM HARM 83. The Department shall provide youths in all DJJ facilities
with reasonably safe living conditions and shall protect them from abuse.
A. Classification 84. The Department shall issue and enforce classification
criteria regarding room assignments in RYDCs and YDCs. The criteria shall include risk factors based on age, maturity, size, offense history, present offense charge, and any special needs of the youth.
B. Supervision of Youth 85. The Department shall ensure that youths confined in locked
rooms during the day or at night, and all youths sleeping in dormitories, are visually checked at least every 3 0 minutes by line staff. To monitor compliance with this requirement, the Department shall install and maintain in good working order, Morse Watchman or similar devices in all living units and require supervisors to regularly conduct random audits of the records produced by the devices.
C. Use of Force 86. The Department shall ensure that youths are not subject to
unreasonable restraints or excessive force in accordance
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with DJJ Policy 9.6, attached as Appendix C and hereby incorporated by reference, as clarified as follows: a. A Unit or Shift Supervisor shall be responsible for
periodic reassessment of the youth to determine whether the youth's behavior can be controlled without the continued use of restraints. The Supervisor shall document such periodic assessments and the reason for continuing the restraint. 87. The Department shall ensure that youths are not subject to unreasonable or excessive application of chemical sprays, in accordance with current DJJ Policy 1019, attached as Appendix D and hereby incorporated by reference. 88. The Department shall develop and implement specific policies and training materials that shall instruct staff of the permissible and preferable responses to common behavior problems, including at minimum: a. Youths persistently kicking or banging their cell doors; b. Youths obstructing their toilets and flooding their cells or hallways; c. Youths persistently refusing to refrain from loud or noncompliant behavior. The Department shall undertake periodic reassessment, in conjunction with the Office of Quality Assurance ("OQA") , provided for in H 114, to determine whether additional policies and training are appropriate to respond to other
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common behavior problems identified by OQA or other DJJ staff.
D. Protection from Staff Abuse 89. The Department shall take appropriate steps to ensure that
youths in all DJJ facilities are protected against staff abuse. 90. Each youth entering an RYDC or YDC shall be given an orientation which shall include simple directions for reporting abuse and assuring youth of their right to be protected from retaliation for reporting allegations of abuse. 91. The Department shall ensure that every child who reports to a facility infirmary with an injury shall be questioned by a health care staff, outside the hearing of officers or other youths, regarding the cause of the injury. If in the course of the youth's infirmary visit a health care staff suspects abuse, the health care staff shall immediately contact the Office of Quality Assurance and adequately document the matter in the youth's medical record, fill out an incident report, and log the incident. 92. The Director of OQA shall create a system for reporting allegations of abuse, including policies directing how, when and to whom allegations of abuse shall be referred (including policies regarding reporting to the Department of
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Family and Children Services, law enforcement officials, other DJJ officials, and facility administrators). 93. Every allegation of abuse shall be reported to OQA. OQA may request a preliminary investigation to be conducted by an appropriate investigator at the facility from which the allegation arose. OQA shall then conduct an independent investigation of the allegation unless the preliminary investigation demonstrates that the allegation is unfounded. This determination shall be based upon training and guidelines issued by the Director of OQA. The Director of OQA shall also issue a policy describing the qualifications and investigative training required of such facility-based investigators and shall make arrangements for the provision of such training. 94. Within the Office of Quality Assurance, the Department shall recruit and hire, from outside the Department, an Assistant Director for Investigations who shall be qualified to conduct and supervise investigations of child abuse in institutional settings. The Department shall hire sufficient numbers of qualified investigators to permit investigations of all allegations of abuse, and shall provide them with appropriate training. The Department shall consult with the Georgia Bureau of Investigations and other professional investigative agencies periodically to maintain the quality of its investigative staff.
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95. Abuse investigations shall also be initiated by OQA staff review of grievances, incident reports, use of force reports, and injury reports when it appears that abuse may have occurred but was not reported. Abuse investigations may also be initiated by OQA staff as a result of staff tours of facilities and interviews with youths, parents or staff.
96. The Director of OQA shall issue policies regarding steps that must be immediately taken upon the reporting of an allegation of abuse in order to preserve evidence and protect youths pending an OQA investigation.
97. The Director of OQA shall develop and implement an Investigations Manual and training program for abuse investigations. The training shall include specific instruction by qualified individuals on the conduct of abuse investigations relating to youth, and investigations within a correctional setting, and shall include an annual inservice training requirement.
98. The Investigations Manual shall require, at minimum: a. An interview with the alleged victim and perpetrator. b. Identification and interview of all possible witnesses, including other youth and staff in the building or unit at the time of the incident. c. Examination of the youth and staff member's institutional and personnel records, including any
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prior allegations of abuse against the staff person whether substantiated or not. d. Examination of any potentially relevant medical records. e. Determination whether any facility staff knew of, but did not report the alleged abuse, or provided false information during the investigation. 99. The OQA shall produce a written report of each investigation. The report shall describe steps taken during the investigation, the information obtained, and the factual conclusions reached by the investigators finding the allegation substantiated, not resolved, or unfounded. 100. Upon receipt of the investigative report, the Commissioner or the Commissioner's designee shall approve or disapprove the report's conclusion that the allegation was substantiated, not resolved or unfounded, or shall order further investigation. Only the Commissioner shall have the authority to disapprove a report's conclusion that the allegation of abuse was substantiated. In such cases, the Commissioner must explain the reason for such a decision in writing. 101. Staff discipline for any substantiated abuse shall be determined by the Commissioner of DJJ or the Commissioner's designee. 102. The OQA shall keep records of all its investigations, and any disciplinary action taken in response to the
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investigation, including investigations that do not substantiate abuse.
IX. OTHER GENERAL CORRECTIONAL NATTERS A. Discipline
103. In all DJJ facilities, the Department shall implement a uniform positive behavior management system which shall provide for positive incentives for good behavior as well as disciplinary measures for misbehavior. The positive behavior management system shall be explained to all youths during an orientation session, which shall also set forth basic facility rules and the possible sanctions for violating those rules. The rules shall be posted conspicuously in facility living units and youths shall have access to written policies upon request.
104. The Department shall adopt a policy for punishments that are permitted in DJJ facilities and shall prohibit the use of any disciplinary measure not included in the policy. The policy shall also designate the maximum permissible extent or duration of the punishment.
105. The use of isolation shall be limited to major disciplinary infractions and shall not exceed 72 continuous hours, absent extraordinary circumstances and authorization from the facility director and notification of the Office of Quality Assurance (provided for in % 114). The Department shall
-44-

assure that each youth placed in isolation for more than 24 hours shall receive daily visits from a counselor or mental health staff, at least one hour of large muscle exercise each day, and such access to educational services as is provided for in the policies promulgated pursuant to H 21. 106. Disciplinary hearings shall be afforded youth pursuant to current DJJ Policy 11.5, attached as Appendix E and hereby incorporated by reference. Isolation may be used as an immediate response to out-of-control behavior until the youth's behavior no longer poses a threat, but shall not be used as punishment unless a youth has first received a due process hearing. 107. Youths assigned to long-term security units shall be provided comparable access to education, exercise, recreation and other out-of-cell activities as other youths, absent compelling justification related to an individual youth's behavior. Youths in such units shall be given concrete behavioral criteria under which they may be released to the general population and shall be reassessed at least weekly to determine whether the youth may, consistent with the State's legitimate security interests, be removed from the security unit.
B _ Boot Camp Admissions and Practices 108. The Department shall develop and implement a plan to
accommodate youth sentenced to short-term programs, such as
-45-

boot camps, who, because of physical disabilities, mental retardation or mental illness, may be harmed by participation in certain activities. 109. The Department shall create guidelines for, and specific training regarding, punishments or "on-the-spot corrections" that will be permitted in boot camp programs.
C. Grievance Procedures 110. The Department shall assure that youths in all DJJ
facilities shall have access to a reasonable grievance procedure. 111. Youths shall be able to file grievances directly with facility administrators through confidential means, without mediation through line staff.
D. Miscellaneous Correctional Issues 112. Youths shall be permitted to have reading material in their
rooms in addition to a Bible, unless and until that privilege is abused. 113. The Department shall develop and implement uniform policies limiting the amount of time youths may be locked in their rooms during waking hours and on weekends.
-46-

X. JUVENILE JUSTICE QUALITY ASSURANCE 114. The Department shall create an Office of Quality Assurance
("OQA") within the Department of Juvenile Justice to consolidate and supplement quality assurance activities already undertaken by the DJJ. The Department shall recruit and hire, from outside the Department, a Director of the Office of Quality Assurance, who shall be highly qualified for the position and shall serve as a Deputy Commissioner. The Director shall begin employment on or before August 1, 1998. The Department shall provide the Director with sufficient staff and resources to perform the tasks required by this Agreement, including: a. Monitoring compliance with DJJ policies in all DJJ
facilities, with emphasis on policies relating to issues addressed in this Agreement. b. Conducting audits and other quality assurance activities as described in 1 117. c. Reviewing and, where appropriate, investigating allegations of staff abuse. d. Assuring the implementation and adequacy of the educational, medical and mental health quality assurance programs required by this Agreement. e. Coordinating quality assurance activities performed by various DJJ offices to prevent unnecessary duplication of efforts.
-47-

115. To meet the above requirement, the Department shall hire, at minimum, 13 staff members in fiscal year 1999, and an additional 12 in fiscal year 2000.
116. The Director of the Office of Quality Assurance shall work closely with the Commissioner of the DJJ. The Director shall be removable by the Commissioner only with the prior approval of the Board of Juvenile Justice.
117. The Director of OQA shall create and implement a written quality assurance program, as defined in H 10 with the following elaboration and supplementation: a. The comprehensive audits required by % 10(a), shall include, at minimum: i. Inspection of institutional, medical and educational records, unit logs, incident reports, use of force reports, major disciplinary report, documentation of room checks by line staff, etc. ii. Interviews with staff, administrators and youths at each facility. iii. Where appropriate, interviews with the parents or other care givers of youth confined in DJJ facilities. iv. Inspection of the physical plant. v. Interviews with juvenile court judges, public defenders and other officials having regular contact with the facility or its residents.
-48-

vi. Determination of compliance with DJJ policies relating to: suicide prevention, staffing levels and youth supervision, use of force, disciplinary practices, positive behavior management programs, grievance procedures, use of chemical and mechanical restraints, fire safety, adequacy of youth recreation and exercise, sanitation, youth access to hygiene items and clothing, the effectiveness of alternatives to detention, youthon-youth violence, implementation of classification criteria, conditions in security units, adequacy of counseling and rehabilitative services, and the adequacy of all facility documentat ion.
vii. A written report recording the findings of the audit.
b. Additional unannounced, periodic site visits at each facility. OQA staff shall have complete and unfettered access to all DJJ facilities, records, staff and residents. All DJJ staff shall be informed of their obligation to cooperate in all OQA operations.
c. Investigation of significant incidents (as defined by the Director of OQA), which shall include, at minimum: deaths; serious injuries or hospitalizations; suicides and serious suicide attempts; escapes or other serious breaches of security; and medical emergencies. The
-49-

investigation shall result in a written report to the Commissioner of DJJ and shall include findings and recommendations. The Director of OQA shall issue protocols for coordination of such investigations with other law enforcement, administrative disciplinary, or other quality assurance investigations. d. Review of all incidents of use of force, chemical sprays, mechanical restraints, and the use of isolation in excess of 24 hours. OQA shall be sent copies of every Use of Force and OC Spray report. The Director of OQA shall establish criteria under which such incidents shall be independently investigated for compliance with DJJ policies. Such criteria shall include, at minimum, review of all incidents of use of force resulting in serious injury or hospitalization, all use of chemical sprays, and all use of restraint chairs. e. Policies and procedures for auditing chemical spray canisters and reliably determining whether the canister has been discharged. Facility supervisory staff and OQA auditors shall routinely conduct such audits. If it appears that a canister has been used without required documentation, OQA shall be notified and shall conduct an investigation. f. Review of grievances raising significant issues (as defined by the Director of OQA).
-50-

g. Requirements that when, through audits, investigations or other quality assurance activities, the OQA finds substantial non-compliance with the requirements of DJJ policies or this Agreement, a plan of correction shall be developed.
XI. MONITORING AND ENFORCEMENT A. Role of the QPB Monitor
118. The Governor's Office of Planning and Budget shall contract with an independent contractor who shall be responsible for monitoring of the State's compliance with this Agreement by July 1, 1998. The parties shall jointly select the OPB Monitor. The Monitor may be terminated only for good cause, unrelated to the Monitor's findings or recommendations, and only with prior notice to and the approval of both parties. Neither party, nor any employee or agent of either party, shall have any supervisory authority over the Monitor's activities, reports, findings or recommendations.
119. The OPB Monitor shall have education, training or experience in the field of juvenile justice. The Monitor may also have education, training or experience in general or special education, adolescent health and mental health needs (particularly the needs of institutionalized adolescents), and institutional abuse and incident investigations.
-51-

120. The OPB Monitor shall have full and complete access to any DJJ facility and to the records, staff and residents of each facility.
121. The OPB Monitor shall have full and complete access to the Commissioner and his designees and to the staff and records of the Office of Quality Assurance. The Commissioner shall direct all employees to cooperate fully with the Monitor.
122. The Monitor shall be permitted to initiate and receive ex parte communications with all parties.
123. The OPB Monitor shall provide the parties with reports describing the steps taken by the Department to implement this Agreement and evaluating the extent to which the Department has complied with the requirements of the Agreement. Such reports shall be issued every six months, unless the parties agree otherwise.
124. The OPB Monitor shall have a budget and staff sufficient to allow the OPB Monitor to carry out the responsibilities described in this Agreement, and may contract with such experts or consultants as he or she may deem appropriate,
B. Monitoring by the United States 125. To ensure the enforcement of this Agreement, the United
States shall have certain access and enforcement rights. 126. The United States shall have full and complete access to any
DJJ facility, and to the records, staff and residents of those facilities. The United States shall have the right to
-52-

conduct unannounced visits to any DJJ facility. The United States shall have the right to conduct confidential interviews with staff, residents, former residents and the parents and care givers of residents and former residents. Any confidential information or documents obtained pursuant to this paragraph shall not be disseminated to any person not a party (or an employee or contractor of a party) to this Agreement, including the media, unless consented to by the parties. Such information may, however, be used in any proceedings to enforce the requirements of this Agreement. 127. The United States shall have the right to communicate ex parte with the staff of the Office of Quality Assurance and the OPB Monitor. 128. The United States shall be provided copies of all audits and periodic reports produced by the Office of Quality Assurance. 129. The United States shall be provided copies of all reports produced by the OPB Monitor. 13 0. Upon request by the United States, the State shall provide the United States with copies of any reports or other DJJ or facility documents reviewed by the Office of Quality Assurance or the OPB Monitor.
C. Plan Development and Enforcement 131. This Agreement requires the State and DJJ officials to
develop certain plans, policies, procedures and protocols
-53-

(collectively "plans") . These plans shall be developed in accordance with the time table set forth in Appendix A. The plans shall be sufficiently detailed to permit the United States to determine whether the plan is adequate to achieve the requirements of this Agreement. The United States may make reasonable requests for clarifications or further details. 132. Where indicated in Appendix A, the plan shall be developed in consultation with one or more consultants. The State shall notify the United States of each consultant it plans to retain, and the United States shall have 15 days to object to the consultant. If there is an objection, the parties shall make good faith reasonable efforts to agree upon a consultant for each plan. If no agreement is reached within 15 days of the United States' objection, the State and the United States shall each nominate up to three consultants and the Monitor shall select one or more. 133. Any consultant shall provide advice to the Department as it develops the required plan, and may, at the Department's discretion, draft a proposed plan for State approval or modification. The Department's plan shall be provided to the United States according to the timeline in Appendix A. Within 14 days, the United State may request, and the consultant shall provide, verbal or written comments on the plan.
-54-

134. Within 45 days of receiving the plan or the consultant's comments on the plan (whichever is later), the United States shall submit to the State any suggestions, comments or objections. The State and the United States will then conduct discussions in a good faith attempt to resolve any disputes over the content of the plan. If the parties are unable to reach agreement on a final version of the plan, the procedure for resolution of disputes, by first applying mediation prior to any court enforcement in 1 138, shall apply.
135. A plan shall become enforceable once it has been approved by the parties.
136. An enforceable plan may be modified at any time under the following conditions: a. If the State desires to modify a plan, it shall notify the United States of its intent and the proposed amendment. b. If the United States does not object within 3 0 days of the notification, the plan shall be so modified. Otherwise, the plan shall remain in its present enforceable form until agreed to by the United States. c. If the United States does object, the parties shall conduct good-faith discussions to resolve the dispute with the mediation assistance of the Monitor.
-55-

D. Resolution of Enforcement Disput.eg 137. The parties agree to file this Agreement with the United
States District Court for the Northern District of Georgia, Atlanta Division, in conjunction with a complaint and a joint motion, pursuant to Fed. R. Civ. P. 41(a)(2), for the conditional dismissal of the case. The dismissal shall be conditioned upon the State's achieving substantial compliance with the terms of this Agreement, and shall attach the Agreement to such motion. The motion shall request that the case be placed on the Court's inactive docket. If the State fails to substantially comply with the terms of this Agreement, and if efforts to resolve and mediate the enforcement dispute pursuant to % 138 are unsuccessful, the United States may take appropriate legal enforcement action, including filing a motion to restore the case to the Court's active docket. 138. If the United States believes that the State has failed to substantially comply with its material obligations under a plan or the terms of this Agreement, it shall so notify the State in writing. The parties shall conduct good-faith discussions to resolve the dispute and may agree in writing to adopt a plan of correction or otherwise modify the plan or Agreement. If the parties are unable to reach agreement within 30 days of the United States' filing of objections, the parties shall submit the dispute to mediation. The Monitor shall select the mediator within 10 days. The
-56-

parties shall attempt in good faith to mediate the dispute for a minimum of 30 days prior to initiating any court action to resolve the dispute. In the event that the State's non-compliance threatens the immediate health and safety of youths, or in other exigent circumstances, the United States shall attempt to expeditiously reach agreement with the State regarding the emergency conditions, but shall reserve the right to seek immediate judicial relief.
Er Termination of the Agreement 139. The parties agree that the systemic and comprehensive nature
of this Agreement shall require that implementation of the terms of this Agreement take place over a number of years, as provided for in the timelines and terms of this Agreement. 140. The parties agree that the Agreement shall become subject to termination as soon as the State has fully and faithfully implemented all requirements of the Agreement and such full compliance has been maintained for one year. 141. Once the State has determined that it is in full and faithful compliance with the agreement and that full compliance has been maintained for no less than one year, the State shall advise the United States in writing. Thereafter, the parties shall promptly confer as to status of compliance. If, after a reasonable period of consultation and the completion of any evaluation the United
-57-

States may wish to undertake, including tours of the facilities and programs, the parties cannot resolve any compliance issues, the State may file a motion with the Court to dismiss the complaint with prejudice. If the State moves for dismissal, the United States will have an adequate time after the receipt of the State's motion to object to the motion. If the United States does not object, the Court may grant the State's motion. If the United States does make an objection, the Court shall hold a hearing on the motion to determine whether the conditions in 1 140 have been met. 142. Nothing in 11 140 and 141 shall preclude the parties from jointly stipulating to the termination of portions of this Agreement at any time.
-58-

Agreed to by: FOR THE STATE OF GEORGIA:

FOR THE UNITED STATES:

,.L MILLER

r Governor

V

of Georgia

JANET RENO Atjrorney General of the United States

EUGENE P. WALKER Commissioner Georgia Department
of Juvenile Justice

BILL/LANNT
Acti/ng Assistant Attorney General Civil Rights Division United States Department of Justice

THURBERT E". BAKER Attorney General State of Georgia

STEVEN H.^OSENBAUM Chief Special Litigation Section
f. C
MELLIE H. NELSON Deputy Chief Special Litigation Section

KEVIN K. RUSSELL JUDY C. PRESTON SHELLEY JACKSON Trial Attorneys Special Litigation Section

-59-

Appendix A Plan Development and Implementation Timelines

Plan
Education Creation of DJJ curriculum Criteria for class exclusion (rotation education requirements Special Education Identification Parent IEP participation system Education staffing plan Education staff training requirements Education quality assurance plan

Agreement Citation

Deadline Deadline for for Plan Plan
implementation

Consultant required?

1J15

10/15/98 1/1/99

20

10/15/98 1/1/99

21

10/15/98 1/1/99

25

10/15/98 1/1/99

32

10/15/98 1/1/99

33

10/15/98 See Appendix B

34

10/15/98 1/1/99

Yes

35

1/1/99 4/1/99

Yes

Mental Health

Suicide Risk Screening instalment and 38

10/15/98 1/1/99

Yes

policies

YDC Mental Health Needs Assessment 40

10/15/98 1/1/99

Yes

policies

Protocols regarding admission of youth 42 on psychotropic medication

10/15/98 1/1/99

Mental Health Evaluation referral

43

1/1/99 4/1/99

Yes

protocols

Allemate mental health placement pian 46

1/1/99 7/1/99

Yes

Treatment plan content protocols

47-48

1/1/99 4/1/99

Yes

Medication side effects notification

52

protocols

10/15/98 1/1/99

Psychotropic medication monitoring

53

10/15/98 1/1/99

Yes

protocols

-Al-

Plan
Suicide prevention policies Mental health staffing plan Mental health staff training plan State mental health QA plan Facility Mental Health QA policy

Agreement Citation
55 56 57
59
60

Deadline Deadline for for Plan Plan
Implementation
10/15/98 1/1/99
10715/98 See Appendix 8
1/1/99 4/1/99
1/1/99 4/1/99
1/1/99 4/1/99

Consultant required? Yes
Yes Yes

Medical Care

Uniform protocols tor physical

63

examinations

Uniform protocols for sick call

64

Medical records transfer system

69

Medical staffing plan

70

Medical staff training plan

71

State medical QA plan

72

Facility medical QA policy

73

10/15/98 1/1/99

10/15/98 1/1/99

10/15/98 1/1/99

10/15/98 See Appendix B

10/15/98 1/1/99

1/1/99 4/1/99

Yes

1/1/99 4/1/99

Yes

Physical and Programmatic Capacity

Direct care staffing plan

76

Direct care staff training plan

77

Risk Assessment instrument and

79

policies

Detention Alternatives Plan

81

Physical Plant Expansion Plan

82

10/15/98 See Appendix B

10/15/98

1/1/99

7/1/99

Yes

1/1/99

7/1/99

Yes

10/15/98

-A2-

Plan
Juvenile Justice Administration Plans and Policies Classification policies Morse Watchman installation Policies on specific common behavior problems Positive Behavior Management Plan Unftorm discipline policies Boot camp accommodations plan Boot camp discipline guidelines Time in cells regulations

Agreement Citation

Deadline Deadline for for Plan Plan
implementation

Consultant required?

84

10715/98 1/1/99

Yes

85

3/1/99

88

10715/98 1/1/99

Yes

103

10/15/98 1/1/99

Yes

104

10/15/98 1/1/99

Yes

108

10/15/98 7/1/99

Yes

109

10/15/98 1/1/99

113

10/15/98 1/1/99

Quality Assurance

Abuse Reporting System

92

10/15/98 1/1/99

Yes

Facility abuse investigator training

93

1/1/99 4/1/99

Yes

Abuse investigations training plan and 97

10/15/98 171/99

Yes

manual

OQA Quality Assurance Plan

117

1/1/99 4/1/99

Yes

-A3-

Appendix B
Staffing Plans
Pursuant to the requirements of this Agreement, the State must develop certain staffing plans. For the purposes of meeting the requirements of this Agreement, the plans shall provide, at minimum, the staff increases stated below according to the time frames indicated. These staff increases are exclusive of any other staffing enhancements that may be undertaken due to increases in the population of the DJJ system or the opening of new facilities, and are in addition to any enhancements in the Governor's recommendations for the FY 1999 budget.
1. Mental Health Services
During FY 1999 and FY 2000, through contractual arrangement, the Department will add one qualified mental health professional ("QMHP") in each RYDC to perform mental health and suicide risk screenings.
An additional number of psychologists and psychiatrists will be contracted with to perform further necessary evaluation and/or testing, and to provide all required psychological and psychiatric coverage. By the end of FY 2000, this will create an average of eight hours of psychological/psychiatric services per week in RYDCs and an average 20 hours of psychological/psychiatric services per week in YDCs (actual level of services may vary from facility to facility depending upon the facility population level).
2. Education
The Department will hire 35 additional special education teachers by June 1, 1999.
3. Juvenile Corrections Officers
The Department will hire an additional 128 juvenile corrections officers ("JCOs") during fiscal year 1999 in order to increase the staffing of the third shift at RYDCs and YDCs, according to the following schedule: 43 JCOs shall be hired by January 1, 1999; 43 additional JCOs shall be hired by March 1, 1999; and 42 additional JCOs shall be hired by May 1, 1999.
4. Medical
Between FY 1999 and FY 2001, an additional amount of registered nurse services will be provided for each RYDC and YDC
-Bl-

by contractual arrangement, to insure the coverage provided for in 1 70(a)-(b) of this Agreement.
Between FY 1999 and FY 2001, additional physician assistant services will be provided for in each RYDC and YDC by contractual arrangement, to insure the coverage provided for in U 70(c)-(d) of this Agreement.
Between FY 1999 and FY 2001, contractual arrangements will be provided for the dental services required by % 65(a) of this Agreement. This shall include, at minimum, provision of an average of 20 hours per week of dental services in YDCs and an average of 5 hours of dental services per week in RYDCs (actual level of services may vary from facility to facility depending upon the facility population level). 5. Counselors
An additional 44 counselors will be hired by the Department by January 1, 1999.
-B2-

Appendix C Use of Force Policy
-Cl-

GEORGIA DEPARTMENT OP CHILDREN AND YOUTH SERVICES

OCYS POLICY 4 POLICY MANUAL

TRANSMITTAL* 96-03

DATE: 01/12/96

CHAPTER* 17

POLICY* 17.9

PAGE*

1 OF 15

I.

SUBJECT:

Use of Force

II. PURPOSE:

This policy establishes guidelines for the use of force by authorized personnel while in the performance of their duties.

III. APPLICABILITY:

This policy applies to all staff and facilities.

IV. REFERENCE:

O.C.G.A.: ACA Standards:
DCYS Policy # 17.6:

49-4A-8, Children and Youth Services 3-JTS-3A-01 through 3-JTS-3A-31 3-JOF-3A-O1 through 3-JDF-3A-31
Use of Chemical Agents

V. DEFINITIONS:

Chemical Agent - (OC) Oleoresin Capsicum (Natural Oil of Pepper)

Use of Force Continuum • The process whereby trained staff make a decision as to what level of force is justified to control a situation.

Authorized Staff - A DCYS employee who has successfully completed the required use of force and chemical agent training and who has been designated in writing by the appropriate facility or District Director with the authority to use force and carry or use a chemical agent.

Division of Detention Services: Ail staff (through Level (5))

Division of Community Programs: All staff (through Level (4))

Division of Campus Operations: Ail staff (through Level (4)). Those staff assigned to the closed units and Facilities Police (through Level (5))

GEOHGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES

POLICY* 17.9

TRANSMITTAL* 98-03

PAGE* 2 OF 15

Use of Force • Physical intervention used to compel a person to take action against their will, or to prevent a person from taking action that would be damaging to themselves, other persons or property. The use of force may include the use of open hand control, chemical agents, mechanical restraints and special hardened or stripped rooms.
Restraint - The complete or partial constraint of a person's bodily movement through physical or mechanical means.
E5£flO - The physical force used to cause the movement of a person from one location to another.
Mechanical Restraints - A mechanical device(s) used to aid in the restriction of a person's bodily movement (handcuffs, ankle cuffs, waist chains or belts).
Plastic Restraints - Flexicuffs or similar temporary restraint devices.
Open Hand Control - A physical restraint tactic using various come along holds, leverage, pressure and self-defense measures to physically subdue and control a person. Only the use of hands-on grabbing, holding, blocking and deflecting assault is permitted. Examples of restraint tactics: one-man arm bar; two-man arm bar with take down; hair pull; wrist lock; elbow control. Choke holds or any method where the oxygen flow is decreased is prohibited.
Special Management Room - A modified room which is hardened or stripped by the addition of a heavy door and the removal of all furniture except toilet, sink and bed. The room is used as a restraint technique, applied when control of a violent, self-destructive or unruly youth is required for more then a few minutes and when long-term use of mechanical restraints are not practical or warranted to prevent self-mutilation, injury to others or property damage.
Non-injurious Assaults - Throwing feces, urine, water, spitting, repeated pattern of verbal outbursts and actions which disrupt the housing unit or program and disturb others.
Minor Destruction of Property - Flooding of room, scrawl* ing or marking (vandalizing) room walls, floors, fixtures.
Passive Control Measures • A verbal warning, direct order to cease behavior, warning of sanction, placement in regularly assigned room (TIME OUT), or removal of injurious objects or materials.

GEORGIA DEPARTMENT OF CHILDREN ANO YOUTH SERVICES

POLICY* 17.9

TRANSMITTAL* 96-03

PAGE* 3 OF 15

Secure Transportation • Transportation of youth using mechanical restraints from a secure facility to another secure facility; from a non-secure setting to a secure facility after a youth has been taken into custody and to and from a secure facility for outside appointments.
Positional Asohvxia • Death »a a result of body position (that which interferes with one's ability to breath). This may be caused by pressure (weight) being exerted on someone's back or chest, causing (while in a prone position) difficulty in breathing. The more weight applied, the more severe the degree of compression.
Restraint Chair • A commercially available mechanical device designed in chair form to physically restrict a person's movement by the chair's design and point of gravity, wrist, ankle and chest straps. Chair design dictates that a restrained person will sit upright.
VI. POLICY:
Authorized Use:
1. The use of force or any control measure shall be the least restrictive and least severe method believed necessary under the circumstances to stop problematic behavior. More severe control measures will be used only if less severe measures have proven ineffective or are inappropriate as a means of stopping the behavior.
2. A control measure shall not be used as punishment.
3. Only the minimum force necessary to prevent or stop problematic behavior will be authorized.
4. Supervisory approval: If circumstances and time permit, supervisory approval must be given prior to imposing sanctions, open hand control, use of restraints, the restraint chair or chemical agent use as defined in the Use of Force Continuum. In the Division of Detention Services the Shift Supervisor must give prior approval for the use of restraints and/or chemical agent use.

GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES

POLICY* 17.9

TRANSMITTAL* 96-03

PAGE* 4 OF 15

VII. PROCEDURE:
A. USE OF FORCE
Use of force is permitted for self-defense, to protect youth, to protect other staff, to prevent property damage, to prevent escapes and in situations where a youth or youths refuse to move to a location after being given verbal instructions to do so.
Division of Community Programs:
The same policy and procedures in applying the Use of Force Continuum for the Division of Campus Operations and Detention Services will apply. However, the use of force by Community Programs personnel is only authorized to protect other youth, staff or prevent serious property damage. Community Programs staff will assess the situation and make decisions based on the safest course of action for all concerned. Sufficiently trained staff will be present to handle the restraint safely. Local law enforcement and/or the DCYS Investigations Unit will be called at the earliest possible time when Community Programs staff anticipate violent behavior of a youth or other signs which may be considered a danger to staff, citizens or youth in the facility.

GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES

POLICY* 17.9

TRANSMITTAL* 96-03 fnntiniimii

PAGE* 5 OF 15

Any level of the continuum can be accaated depending on the situation. Any technique used in a lowtr Icrtl may be used ia • higher lertl.

Staff LEVEL 1

LEVEL 1

C«nl >
LEVELS

CMMI> LEVEL 4

VM LEVELS

lamp*

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4aaufa.au pa

StlT VBtB

r«a/orct*r
tkai SUIT wiD carr«t

SUIT
wantnimtnm

CriMi Santa* «ar*ai

Ciwi wtoqnaj.
rarbal ;. Lsaaf
UiatT
t'MI

SuffgiTt
la camni th* ca«ni. V M OC foOo«<d

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i.

Tit a r t

4.

•T * •

ft* k «fl ba

arufa^aftka

OC

atkar aaiT

GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES

POLICY* 17.9

TRANSMITTAL# 96-03

PAGE* 6 OF 15

Staff Presence (Level 1):
Many times the mere physical presence of a staff member is all that is needed to stop behavior. Movement by a staff member toward a youth, a look or even a hand gesture may be all that is needed. Professionalism, concern and verbal inquiry or instruction to youth in a calm and matter of fact manner are important variables for success at this level.
Verbal Warning (Level 2):
A staff member may have to get the attention of one or more youth by a firm commanding verbal statement. Warning of sanctions that will occur if behavior continues, taking the youth aside and away from others to counsel would be used at this level. Crisis intervention techniques continue to be employed.
Impose Control Measure (Level 3):
A staff member may have to physically escort a youth to time out or remove a youth from a group activity for a length of time. The use restrictions and sanctions may have to be imposed. Crisis intervention techniques continue to be employed.
Open Hand Control (Level 4):
Emergency conditions exist at this level where there is danger of physical injury or property damage. Breaking up a fight or preventing an escape would be examples where various come along holds, grabbing, holding and blocking are used. Refusal to move to a location when instructed by staff and where other less intrusive forms of the continuum have not worked would be an example where open hand control is authorized. Staff must constantly assess their environment and the overall situation to determine the level of force required. Sufficient staff trained in open hand control measures and use of mechanical restraints are required to handle the situation at this level. Crisis intervention techniques continue to be employed. Any deviation in open hand control techniques will be noted and explained in the Use of Force Report.

GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES

POUCY# 17.9

TRANSMITTAUr 9 * 0 3

PAGE* 7 OF 15

Use of Special Management Room: Assignment of a youth to a designated special management room may be authorized when the need is indicated based on a youth's problem behavior when use of the youth's own room is not practical. Behaviors that may indicate the need for assignment of a youth to a special management room may include but not be limited to continued yelling, cursing, threatening, door banging or other aggressive behavior or attempted self injury.
Possible features of special management rooms may include (depending on the institution): improved proximity to the control center or other staff post which allows for closer monitoring, hardened features such as a concrete slab bed, floor drain, hardened window glazing, hardened lighting, hardened (grout-filled) walls, security pass-through doors (for application or removal of handcuffs from outside the room or for feeding through the pass through).
Emergency placement of a youth in a special management room may be approved by the shift supervisor or on-call administrator. Placement of a youth in a special management room will be reviewed by designated administrative staff within 24 hours of placement. Any placement of a youth in a special management room will be documented in the log and in the incident report which is completed regarding the incident or circumstance related to the reason for placement.
Assignment of a youth to a special management room should be of sufficient duration to aid in the management of unruly behavior until the behavior has come into compliance with expected rules of behavior.
Nothing in the policy shall be interpreted as prohibiting the use of a special management room which approximates the conditions of other detention rooms as a regular detention room. Nothing in the policy shall be interpreted so as to eliminate or modify OCYS policies or procedures requiring due process for youth in cases of alleged rule violations.
Chemical Agent Use (Level 5):
Staff must decide whether the behavior and overall situation warrant chemical agent use. They will evaluate the actions of youth, the number of staff available to handle the situation, the number of youth involved, if youth is in possession of a weapon and the physical stature of the youth. A determination shall be made as to whether the security of the facility is in danger, if staff are unable to restrain with open hand control and if staff are under immediate

GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES

POUCY#17.9

TRANSMITTAU M-03

PAGE* 8 OF 15

physical assault. Chemical agent use will always be a last resort. If circumstances and time permit, supervisory approval must be given prior to chemical agent use and when appropriate staff have been called for backup.
C. Madical Evaluation And Monitoring
1. During and after any use of force, youth shall be monitored by senior staff for signs of complaints of difficulty breathing, chest or abdominal pain, bleeding, nausea of vomiting, headache, swelling, numbness, pain, or any other sign or complaint that could indicate an injury.
2. All youth shall be routinely monitored by program staff every 15 minutes for two hours after the completion of any use of force. Monitoring shall consist of soliciting histories of medical and mental health problems, substance abuse, and medications as well as monitoring for medical complaints.
3. Any youth who has been injured in the use of force shall be evaluated and treated by medical personnel immediately. Injury shall be defined as that which requires first aid or a higher level of medical care.
4. All other youth, who have been physically or mechanically restrained shall still be evaluated by medical personnel at the first available sick call.
5. Medical treatment for youth upon which chemical agents have been used in the use of force continuum shall follow the DCYS Use of Chemical Agents Policy #17.6 protocol for first aid and decontamination on page 6.
6. If DCYS medical personnel note any injury of adverse effects beyond the level of care available at the facility, the youth shall be evaluated by outside medical personnel.
7. Any youth who is physically or mechanically restrained shall be in constant visual observation by senior program staff or their designee who has physical possession of the key(s).

GEORGIA OEPAflTMENT OF CHILOREN AND YOUTH SERVICES

POUCYf 17.9

TRANSMITTAUf 96-03

PAGE* 9 OF 15

8. Youth in restraints shall be monitored by staff eve-y 15 minutes to check and assure adequate circulation and breathing.
9. Restraining a youth for more than one hour. shall require an evaluation by a qualified mental health or medical professional, who shall develop a plan for alternative interventions (e.g., return of the youth to the living unit under supervision, use of medications, or transfer to a mental health facility).
10. Youth placed in special management rooms as provided for in this policy shall be visually observed by staff at least every 15 minutes.

D. Application of Restraints:
The use of restraints is limited to those situations where it is necessary to stop or prevent violent or self-destructive behavior and where restraints are used as a security measure in the movement of youth. If a vouth attempts or seriously threatens to commit suicide or selfmutilation. RYDC Chapter 12 or YDC Chapter 13. Paragraph 1306 shall he followed as appropriate.
1. General guidelines for use of restraints:
a. Only Department approved restraint devices are authorized.
b. Restraints will never be used as punishment.
c. No restraints or combination shall be used in such a way as to prevent youth from walking erect.

d. Youth in restraints shall be under constant visual observation by a staff member who has physical possession of the key(s) for unlocking the restraints.
e. Youth shall not be taken to showers or recreation while in restraints.

GEORGIA DEPARTMENT OF CHILDREN ANO YOUTH SERVICES

POLICY* 17.9

TRANSMITTAL* 96-03

PAGE# 10 OF 15

f.

At no time will a youth's mouth be taped to repress noise

or for any other reason.

g.

Under no circumstances will a youth be restrained to a

fixed object or have hands and feet bound together in a

hog-tying fashion.

h. Plastic Restraints (flex cuffs) shall not be used except in a group disturbance situation. They will be stored in a tamper-proof seal.

i.

Staff will visually inspect the restraints to ensure that

circulation to limbs is maintained and airways and breathing

passages are not obstructed by body position.

j.

Restraints will be removed when there is a positive change

in the youth's behavior and attitude and it is determined

that behavior can be controlled without the use of

restraints.

k. During the movement of youth, staff will be alert to prevent the youth from falling.

I.

All restraints will be stored in a locked secure cabinet. An

inventory form will be posted on the inside of the secured

cabinet to document restraint removal and return.

m. Youth who are placed in mechanical restraints or a restraint chair to stop or prevent violent or self-destructive behavior will be removed from the general population and public view to prevent embarrassment or ridicule.

In the Oivision of Detention Services youth may be placed outside and next to the control room during non-program hours if there are not sufficient staff to monitor the youth privately.

n. During vehicle transport youth will not be placed on stomach or back, but in an upright seated position.
o. Restrained youth will not be denied liquid intake or access
to toilet facilities.

GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES

POLICY* 17.9

TRANSMITTAUf 96-03

PAGE* 11 OF 15

2. Violent or Self-Destructive Behavior: Restraints may be used to control violent or self-destructive behavior. The type of restraint used will depend on the behavior exhibited by the youth.
Handcuffs: Staff will warn youth to stop the violent or selfdestructive behavior. If the violent or self-destructive behavior continues, the youth will be placed on the floor face down and handcuffed with arms behind the back. The handcuffing with arms to the back will be used to gain initial control only. As handcuffs are applied, the double-lock mechanism will be face up and will be engaged. As the handcuffs are tightened, staff will insert two fingers between the cuff and inside of the youth's wrist. As soon as the youth is handcuffed get him off his stomach. Turn on side or place in a seated position. If youth continues to struggle do not sit or place knee in back. Hold legs down or use leg restraints.
Restraining Belt: As soon as the handcuffing is completed, a waist chain or leather restraining belt will be applied. With a minimum of two staff members present, a leather restraining belt or waist chain will be placed around the youth's waist, preferably through belt loops and secured with a locking mechanism in the rear. The youth's arms will then be unhandcuffed one at a time and moved to the front securing the arms in the new handcuffs attached to the restraining belt. The tightness of the belt will be determined by the ability of a staff member to pass a closed fist inserted between the youth's waist and the restraining belt itself.
Leg cuffs: Leg cuffs may be applied to add additional control of the youth's body movement. Leg cuffs will be applied over socks but never over pants, boots or hightop shoes. Leg cuffs are applied above the ankle bone so that a staff member can insert two fingers between the inside of the ankle and the leg cuff itself.

Use of leg cuffs also an permitted when the use of handcuffs or restraining belt is prohibited because of a medical condition, or when a youth's previous history warrants the additional security or when more than one youth is being moved at a time.

GEORGIA DEPARTMENT OP CHUOHEH ANO YOUTH SERVICES

POUCY#17.S

TRANSMfTTAL#

PAGE#12

Restraint Chair: The use of a restraint chair is permitted if a youth continues violent behavior after being restrained with a restraining belt *nd where staff v having to physically hold the youth. This device will be used in lieu of four or five-point restraints. It is designed to completely immobilize a youth and will not allow head banging. A youth will sit in an upright position preventing airway obstruction. A youth will be placed in the chair using a minimum of two staff only after the restraining belt has been applied. The youth will be secured in the chair by use of the shoulder and leg safety harness.
Staff will securely grasp a youth by the arms and around the shoulders and move the youth into the chair being cautious not to loose their grasp. If the youth is resisting violently a third staff member will hold legs until they have been restrained with the leg restraint harness.
Staff will check the safety harness to ensure that movement is controlled but that the tightness of the belts do not interfere with normal breathing. Staff will constantly monitor youth in a restraint chair to prevent possible tipping over. The chair will be located a safe distance from walls, doors and furniture to prevent head banging.
Routine use during movement:
A. Division of Detention Services
Outside Institution: Restraints will be used during any movement of youth outside the institution unless special circumstances indicate restraints are unnecessary. Youth may only be handcuffed with their hands in front of their bodies during transportation utilizing a restraining belt or chain. Supervisory approval will be obtained for any exception to this policy. Two staff members must be present for transportation when transportation is done without a security cage. One staff member will sit in the rear seat of the vehicle behind the driver to ensure security. The youth will be seat belted in the rw passenger side of the vehicle*.

GEORGIA DEPARTMENT OF CHILDREN ANO YOUTH SERVICES

POUCYJM7.S

TRANSMITTAL* 9«-03

PAGE* 13 OF 15

Inside Institution: Restraints may be used during the movement of violent or unmanageable youth inside the institution. Each use of restraints for movement inside the institution will have the approval of the Director or designee. Such approval must be on an individual basis. Procedures for use of restraints will be the same as for movement outside the institution.
B. Division of Campus Operations
Outside Institution: Restraints may be used during any movement of youth outside the institution. If restraints are used youth may only be handcuffed with their hands in front of their bodies utilizing a restraining belt or chain. Two staff members must be present for transportation when transpoaation is done without a security cage. One staff member will sit in the rear seat of the vehicle behind the driver to ensure security. The youth will be seat belted in the rear passenger side of the vehicle.
Inside Institution: Restraints may be used during the movement of violent or unruly youth inside the institution. The use of restrains for movement inside the institution will have the approval of the Director. Such approval must be on an individual basis. Procedures for use of restraints will be the same as for movement outside the institution.

Investigations Unit: If a youth is apprehended in the community by a DCYS Investigator and the transportation time to a secure facility is one hour or less a youth may be handcuffed behind his back and a restraining belt is not needed. However, if the transportation time will exceed one hour the youth will be handcuffed in front utilizing a restraining belt. The youth will be seat belted in the rear passenger side of the vehicle. If the youth is violent a second Investigator will sit in the rear seat of the vehicle behind the driver to ensure security or local law enforcement will be requested to transport.

GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES

POUCY# 17.9

TRANSMfTTAUt 96-03

PAGEf 14 OF 15

E.

Punishment Prohibited

The use of force, and other control measure (except restraints) described in this policy statement are intended to be used only to stop defined youth misconduct or to prevent such misconduct under narrowly described circumstances. Under no circumstances shall they be used a punishment. The following constitute punishment:

1. Using a control measure after the youth has already been controlled.

2. Using a control measure after the youth has voluntarily ceased the misconduct.

3. Using a control measure other than in a progressive fashion.

4. Using a control measure when no inappropriate behavior has occurred.

5. Using any control measure that exceeds the minimum control measure appropriate.

F. Reporting

The following procedures must be followed when mechanical restraints or open hand control has been used:

1. The Oirector or duty officer should be notified immediately when any control measure is used. A Use of Force Report (Attachment G) prepared by the staff member who employed the control measure shall be completed no later than the conclusion of that shift and shall include:

a. An accounting of the events leading to the use of the control measure, including any necessary authorization;

GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES

POLJCY* 17.9

TRANSMITTAL* 96-03

PAGE* IS OF 18

b. An accurate and precise description of the incident and the reasons for employing the control measure (who, what, where, when and how); and
c. A list of all participants and witnesses to the incident. All witnesses and staff will provide written, dated and signed statements.
2. Copies of all such reports shall be forwarded to the Director or designee with twenty-four hours of the incident.
3. The Oirector must review the incident to determine whether the use of the control measure fell within appropriate guidelines. The preponderance of credible evidence shall be the standard for such determination, and the Director shall determine credibility. The Director will issue a written finding regarding whether the control measure was within the guidelines of this policy statement.
4. If appropriate, the Director may request his/her Division Director to refer the matter to the Investigations Unit for further investigation.
5. When there has been a violation of this policy statement, appropriate disciplinary action will be taken up to and including dismissal. If there is evidence of abuse, the DCYS Policy #17.3 Reporting Abuse shall be followed.

.ATTACHMENT G
DEPARTMENT OF CHILDREN AND YOUTH SERVICES USB OP FORCE REPORT
(Thai report will be complatad « y rime Level 3 or higher hat baaa wad)

LocaBoa of Incident Name of Sttff Involved
,rme

Timt of Ineideat

Nuna of You* kvoWai NOTE: A SapmH Rapait Mint ba Conplatad oa Each Youth Invotvad.

LutaU*

1. Type of Control Measure uied: • • Time Out

CHECK ALL THAT APPLY Daacribe

• • Open Hand

Daacribe

!

•• Mechuical

Deacribe

RetmiBt

i

Time In

Tin• Out

!

i

'Special

Daacribe

MfL

Time In _ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Time Out

Daacriba

Tima In

Time Out

(If a public view mncata number of panoa who obaervad youth)

i which led k> me uee of force.

3.

Waralaa»axowMfcr»iofh«BrvwtkBcoB»daradorBBad7 If act why? (enapi*: verbal

Ichiis i

4. Staff was:

_____ Uninjured

____

5. Youth was: Uninjured

AJOM

6. Medical Evaluation,- DATE

Injured (Explain in space provided)*

Injured (Explain in ipece providad)*

TIME

LOCATION

•If an iajwy oceurad attach Accidant/Iajuty Madieal Diagram Font

Detaila of Staff Injury*

Madical Panonncl Name (Pleaa* Print) Medical Penooaal Sipmam

Details of Youth brary*

I hereby aaeet that to the beet of my knowledge this report is true aad valid.

Signature of Stiff

Approved: Reviewed:

of Supervisor Granting Approval Prior to me of Rtffimri and/or Chemical Ageat
Signanve of Saperviaor
Signaoo* of Director

Appendix D Chemical Spray Policy
-Dl-

\

GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES

DCYS POUCY 4 PROCEDURE MANUAL

TRANSMITTAL* 96-02 DATE: 01-10-96

CHAPTER* 17

POUCY* 17.6 PAGE*

1 OF 8

I. SUBJECT:

Use of Chemical Agents II. PURPOSE:

This policy establishes guidelines for the use of an approved chemical agent by authorized personnel while in the performance of their duties.

III. APPLICABILITY:

This policy applies to all staff.

IV. REFERENCE:

O.C.G.A.:

49-4A-8, Children and Youth Services

ACA Standards: 3-JTS-3A-01 through 3JTS-3A-31

3-JDF-3A-26 through 3-JDF-3A-30

V. DEFINITIONS:

Chemical agent - (OC) Oleoresin Capsicum (Natural Oil of Pepper)

Classification - Inflammatory Agent

Use of Force Continuum • The process whereby trained staff make a decision as to what level of force is justified to control a situation.

Authorized staff - A DCYS employee who has successfully completed the required chemical agent training and has been designated in writing by a facility Director or District Director with the authority to carry and/or use a chemical agent.

Positional Asohvxia - Death as a result of body position (that which interferes with one's ability to breath). This may be caused by pressure (weight) being exerted on someone's back or chest, causing (while in a prone position) difficulty in breathing. The more weight applied, the more severe the degree of compression.

GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES

POUCY#17.6

TRANSMITTAL* 96-02

PAGE* 2 OF 8

QQ9n Hand Control - A physical restraint tactic using various come along holds, leverage, pressure and self-defense measures to physically subdue and control a person. Only the use of hands-on grabbing, holding, blocking and deflecting assault is permitted. Examples of restraint tactics: one-man arm bar; two-man arm bar with take down; hair pull; wrist lock; elbow control. Choke holds or any method where the oxygen flow is decreased is prohibited.

VI. POLICY:
Authorized Use:
1. Approved Chemical Agent: The only chemical agent authorized for use by DCYS staff will be OC (Oleoresin Capsicum).
2. OC shall be used only after other less forceful means of control have been either attempted or ruled out in applying the "use of force continuum" guidelines when imminent or actual danger to either persons or property occurs. Techniques of counseling and verbal persuasion will be utilized if the situation warrants prior to OC use.
3. Unauthorized Use - OC shall not be used as a means of punishment or discipline.
4. Use of Force Continuum: Use of force is permitted for self-defense, to protect youth, to protect other staff, to prevent property damage, to prevent escapes and in situations where a youth or youths refuse to move to a location after being given verbal instructions to do so. Only the minimum amount of force necessary to control a youth's behavior will be used.
5. OC shall not be used on a youth with a known history of any chronic respiratory diseases or conditions such as asthma.
6. Supervisory Approval: If circumstances and time permit, supervisory approval must be given prior to chemical agent use. In the Division of Detention Services the Shift Supervisor must give prior approval for chemical agent use.

GEORGIA DEPARTMENT Of CHILDREN AND YOUTH SERVICES

POLICY* 17.6

TRANSMITTAL* 96-02

PAGE* 3 OF 8

Continuum
Any level of the continuum can be accessed depending on the situation. Any technique used in a lower level may be used in a higher level.

Bahaviar
Authorized Staff Action*

Staff •teaeneo >
LfVfL 1
Minor behavior probleme and rule vioieoene.
Staff will net rainfarea or atealata by everreecung to Mia wtuabon. Staff will correct behavior by verbal inquiry. and intervention. Staff will ramevo tomuiant ceuaing probtam. Staff will rafrain from movomant or languaga tnat will eauaa further aaealation.

Varbai Warning >

Impoaa Control Maaaura>

Open Hand Control >

Chemical Agent |

Ute

H

UI¥IL_Z

LEVEL a

LfVtL 4

LtVfL g II

Aetiona baeoma mora aenoua and diaruptive. rafuaai to comply to varbai inatrucaone. norvinjunoua aaaault en othari, minor daatmetion of property.

Youth rafviaaa to atop bahavier.

Aetiona become aggraaaively offanaiva and may eauaa physical injury or property damage, eacape anempt.

Aetiona are

|

extremely

eggreaaiva and

will cauae

aenoua phyaical

injury.

•One ef the below atated condition* muat be preeent.

Staff wiU cenonua quaaaoning and aaaaaamant. cnm intervention tachraque*. Strong varbai eammand to •top behavior.

Criaia intervention teehniquoe. Strong versa) command. Uaa of roatrietiona. Uie of paaaiva control meaaurea.

Cnoie intervention technique*. Strong venial eommanda. Ua* ef open hand control. Uaa of mechanical reatrainta. Uaa of (pecia) management room.

Staff give ttreng verbal warning.
Staff ar* unable to control the •ituaoon with open hand control.
Uae OC followed by u*o of mechanical reeuainti.

•OC will be authorized onry if one ef the following condition* ia pretent. however, when OC ia weed ether itaff preeent in the facility wMI be called far backup.

1.

Physical stature: The height, weight, and muscular build of the youth is such that it will be

extremely difficult to physically restrain without injury to staff or youth.

2.

The number of staff available is not sufficient to utilize open hand control safely.

3.

The number of youth involved is sufficient to threaten the security or safety of the facility.

other youth and staff.

4.

Youth in possession of weapon.

GEORGIA DEPARTMENT OP CHILDREN AND YOUTH SERVICES

POUCY# 17.6

TRANSMITTAU 96-02

PAGE* 4 OF 8

VII. PROCEDURES:

A. TRAINING:

Staff shall successfully complete six (6) hours of chemical agent training prior to being authorized to carry and/or use a chemical agent. Staff will be able to demonstrate a working knowledge of the effects of OC, when it is authorized to be used and decontamination procedures for affected parties. The training will consist of but not be limited to the following content:

HOURS 1 hr 1.

Discussion and understanding of where chemical agents are authorized in the Use of Force Continuum

1/2 hr 2. History of Chemical Agents

1/2 hr 3.

Overview of OC (Oleoresin Capsicum) •definition: differences between OC and other agents -irritant vs inflammatory, duration, effects, symptoms •history and chemical properties -physiological effects: medical, psychological •shelf life, storage, replacement

1 hr 4.

How to Use •spraying distance, lateral sidestepping -reaction time -location and method • target area, avoiding unintended targets •defensive position; avoiding personal contamination -security retention

1 hr 5.

Decontamination and First Aid: -personal, area, object •medical evaluation

1 hr 6,

Introduction of OC to Staff (taking a "hit") -First Aid/Decontamination •clean-up

1 hr 7. Class Discussion of Personal OC Experience

GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES

POUCY* 17.6

TRANSMITTAUr 96-02

PAGE* 5 OF 8

B. SECURITY AND CONTROL OF CHEMICAL AGENTS
1. DIVISION OF DETENTION SERVICES:
Chemical agents will be stored in a locked, secure cabinet and will be quickly accessible in the event of an emergency. An inventory control form shall be posted on the inside door of the cabinet to indicate anytime an agent is removed from the cabinet. Each chemical agent canister will be stored in a tamper-proof container to indicate its removal.
2. DIVISION OF CAMPUS OPERATIONS:
Facilities police personnel are authorized to carry an approved chemical agent on their person as part of their law enforcement uniform and equipment issue.
Closed Units:
All other chemical agents will be stored in a locked secure cabinet but quickly accessible in the event of an emergency. An inventory control form shall be posted on the inside door of the cabinet to indicate anytime an agent is removed from the cabinet.
When youth are moved outside, the closed units staff are authorized to carry OC on their person in an approved holster securely attached to an approved belt. Staff must constantly be alert to maintaining the security of the OC on their person and will return the chemical agent to the locked cabinet upon arriving back at the closed unit.
3. DIVISION OF COMMUNITY PROGRAMS:
With the approval of the Division Director, District Directors may authorize the carrying of a chemical agent by authorized personnel for use in self-defense within the Use of Force Continuum.
All other chemical agents will be stored in a locked secure cabinet but quickly accessible in the event of an emergency. An inventory control form shall be posted on the inside door of the cabinet to indicate anytime an agent is removed from the cabinet.

GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES

POLICY* 17.6

TRANSMITTAL* 96-02

PAGE* 6 OF 8

4. INVESTIGATIONS UNIT:
Investigators of this unit art authorized to carry and use a chemical agent while in the performance of their duties for the Department.
All other chemical agents will be stored in a locked secure cabinet but quickly accessible in the event of an emergency. An inventory control form shall be posted on the inside door of the cabinet to indicate anytime an agent is removed from the cabinet.

C. FIRST AID, MEDICAL EVALUATION, MONITORING AND DECONTAMINATION
Youth sprayed with OC should immediately be restrained with handcuffs or other approved restraining device to prevent further aggressive behavior. (Give 30 to 60 seconds to react to the spray and overcome gagging or coughing.) As soon as possible the following actions shall be taken in the order indicated:
1. Move the youth to fresh air preferably where their is air movement.
2. Closely monitor, calm and reassure the youth. Advise that they will be cared for, to breath normally, and that discomfort will subside in a few minutes.
3. Provide copious amounts of cool water to the face, eyes, nose, mouth and any other exposed areas.
4. Ask if the youth is wearing contact lenses. If yes, assist in removing them. Contaminated hard lens can be later cleaned, however, soft lens must be discarded.
5. Ask the youth is they are on medication or suffer from any cardiac or respiratory diseases or conditions such as asthma.
6. Wash the face with a non-oil based soap, or milk. Do not rub eyes.

GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES

POUCY# 17.6

TRANSMITTAl* 96-02

PAGE* 7 OF 8

7. Provide a water soaked fresh towel to the face. (Pat, do not rub)
8. If the youth experiences continuous difficulty in breathing (normal breathing should resume within five (5) minutes), shortness of breath, chest pain, loss of consciousness, becomes incoherent, continuous coughing, facial swelling, or nausea they are to receive immediate medical attention by emergency medical personnel. The Supervisor on duty will determine if emergency medical attention is required. If the supervisor administers the OC, another staff member will make that determination. All youth who do not require emergency medical treatment shall be evaluated by medically trained personnel at the next available sick call.
9. Continuous monitoring is required until the effects of the OC have completely subsided. (Normally, 30 to 45 minutes). Staff should continually check the level of consciousness and breathing of the youth. Do not leave a youth unattended until he effects of OC are completely diminished.
Other effected areas such as clothing, furniture, and vehicles should be exposed to fresh air and should be available for use within 30 minutes after being sprayed with OC.
D. REPORTING
1. Prior to the end of a staff's tour of duty an "OC USE REPORT" must be completed and approved by the immediate supervisor. The supervisor will insure that the report is accurate and complete in all details. The report will be forwarded to the facility Director or District Director by the supervisor on duty with copies to the following DCYS staff:
Division Director
Director of Investigations
DCYS Medical Director

GEORGIA DEPARTMENT OF CHILDREN AND YOUTH SERVICES

POLICY* 17.8

TRANSMITTAU M-02

PAGE* 8 OF 8

Copies of all OC reports will b« maintained at the facility for a minimum of twelve (12) months.
2. An assessment of each incident requiring the use of a chemical agent will be made by the facility Director or District Director within sevtntV'two (72) hours and attached to the "OC Use Report". Where OC has been improperly used, appropriate disciplinary action will be taken up to and including dismissal.

ATTACHMENT A
DEPARTMENT OF CHILDREN AND YOUTH SERVICES OC USE REPORT

DMtefbekhat

Tim»ofl_c___t

Staff involved a w e N m of youth spnyed

iooit mmt be eoapktid m—eh youtk *pnj*d. LutaDwit

CHECK ALL THAT APPLY

Application was: Effective
_____ f.-.-~4;.».

Ineffective _____ In lieu of other use of force aJternativce

Explain in detail the circumstances which led to the uee of OC.

Why w u OC used iasteid of leu extreme* forms of intervention? (ex. verhel command or h u d control)

4.

Staff WIK

.Uninjured

___Inj-red (ExpUin in space provided) Others w e n exposed (Explain i s space provided)
Injured (Explain in space provided) Others were exposed (Explain in space provided)

6.

DsCOBlBBBWtMB flttd FilVt Aid

Civ« detail^ aceoaat of actioB aJoa:

7.

SopHviaor/Sttff M n b r who amda (fa* dMMuaMiaB tet Eawrfaey Madical aOMioB

1.

Madied Evataatioo: Dn«:

StatUMBt of BMdiol psnooMl i s to ^adiuft:

Staff Injury DetuL Youth Injury Deuil: Otbera Expo—d Dtiil:

MmiicMl Pencoatl S*me (Pleat* Prmt) Medical Penoeoel Signature
Sigoatun ofStaff Sigaaam ofStfrviaar Who Cnatad Approval Prior touaeofOC
Dineter

Appendix E Due Process Policy
-El-

GEORGIA DEPARTMENT OF JUVENILE JUSTICE

RYDC POLICY & PROCEDURE MANUAL

POLICY* 11.5

TRANSMITTAL f 97-09

PAGE* 1 OF 4

CHAPTER: RULES & DISCIPLINE

ACA RELATED STANDARDS: 3-JDF-3C-14, 3C-15, 3C-16. 3C-17, 3C-18, 3C-19, 3C-20, 3C-21

SUBJECT:

Disciplinary Hearings

AUTHORITY: WALKER

I. SUBJECT:
Disciplinary Hearings
II. REFERENCES:
None
III. EFFECTIVE DATE:
December 12, 1997
IV. DEFINITIONS:
None
V. POLICY:
A. Whenever a youth is charged with a major rule violation which could result in Disciplinary Confinement, he/she shall have a right to a disciplinary hearing within 72 hours of the incident, excluding weekends and holidays. No disciplinary confinement will be implemented prior to a Disciplinary Hearing. Youths whose privileges are recommended for suspension longer than 24 hours shall be afforded the right to a hearing under these same provisions as are available for use of Disciplinary Confinement.
1. Disciplinary hearings will be conducted by a Disciplinary Hearing Officer. The Assistant Director shall serve as the Hearing Officer. When the Assistant Director is not available or is the complainant, a Counselor may be designated to serve as Hearing Officer.

POLICY* 11.5

GEORGIA DEPARTMENT OF JUVENILE JUSTICE

TRANSMnTALf 97-09

PAGE* 2 OF 4

2. The staff member charging a youth with the offense will complete a disciplinary report (Attachment A) prior to the end of the shift on which the incident occurred. The staff member will then give the youth a copy of the report and inform him/her of the right to a disciplinary hearing. The youth should also sign the appropriate place on the report indicating its receipt. If the youth refuses to sign the report this should be noted by the staff member in the report and witnessed by another staff member.
3. Staff will assist a youth in preparing for disciplinary hearings upon request. The assistance will be provided by a RYDC employee designated by the Disciplinary Hearing Officer.
4. The disciplinary hearing will be scheduled during normal working hours on the day following the incident, except in the case of weekends and holidays. However, the hearing may be delayed up to 72 hours after the incident for good cause. The Hearing Officer shall be responsible for ensuring that the youth has received proper notice of the hearing (Attachment B), determining if the youth wishes to waive the right to 24-hour notice of the hearing and for scheduling the hearing.
5. During the hearing the youth will have the opportunity to present witnesses and make statements in his/her behalf. However, testimony and evidence presented must relate directly to the incident under consideration.
If a youth needs a few moments to "cool down" in order to regain control his/her behavior, the hearing may be briefly postponed. If the youth does not regain control, the hearing will be postponed until a later time when he/she is able to attend. The youth may be excluded from the hearing during the testimony of other youths if confidential information is to be heard. If the youth is excluded from a hearing during confidential testimony, the reason for this action must be documented by the Disciplinary Hearing Officer. If a confidential witness gives testimony in a hearing, efforts will be made to try and determine the credibility of that witness. The efforts to determine the credibility of; such witnesses will be documented in the Hearing Officer's report.

POLICY* 11.5

GEORGIA DEPARTMENT OF JUVENILE JUSTICE

TRANSMnTAUr 97-09

PAGE* 3 OF 4

6. The Youth Disciplinary Report and other pertinent documentation will form the basis of the charges against the youth. The Hearing Officer may determine that the presence of staff directly involved in the incident is necessary. If required, the Hearing Officer may reschedule the hearing to allow appropriate staff, or others to attend.
7. At the conclusion of the hearing, the Hearing Officer will complete a written report of their findings (Attachment C). Copies of the findings shall be forwarded to the Director and Counselor for review and a copy placed in the youth's case file. A copy shall also be given to the youth. This report shall be completed no later than 24 hours after the hearing (excluding weekends and holidays).
8. After receiving the findings of the Disciplinary Hearing Officer, the youth shall have the right to make an appeal (Attachment D) to the RYDC Director within 15 days. The Director has 30 days to respond in writing. The youth will be informed of this right in written findings of the Disciplinary Hearing Officer. Staff assistance shall be given in formulating the appeal if requested by the youth.
If the RYDC Director was directly involved in the incident the final appeal will be directed to the Office of the Regional Administrator. In such cases, the same procedure as outlined above will be followed. Otherwise, all decisions of the Director concerning appeals of Disciplinary Hearings are final.
9. The Disciplinary Hearing Officer (or Director in instances of appeals) shall ensure that when charges against a youth are dismissed, the Disciplinary Report of those charges is immediately removed from the youth's file. The original Disciplinary Report will be retained in the central file in cases where the charges are not upheld by the Hearing Officer, or Director in cases of appeal.

POUCYf 11.5

GEORGIA DEPARTMENT OF JUVENILE JUSTICE

TRANSMITTAUr 97-09

PAGE# A OF 4

10. Hearing records shall be copied and placed in a central file with the original retained in the youth's case file. The central file will be maintained for six months. The youths case file will be retained for three years following release or until the youth reaches age 17, whichever is longer.
VI. PROCEDURES:
Local procedures will be developed as needed to implement the provisions of this policy.

RYDC DISCIPLINARY REPORT

Attachment A

Student's Name:

.Room No..

Disciplining Staff:.

.Date of Report.

.Time of Report.

Witnessing Staff and Youth:.

Rule Violation:

Summary of Inrident; To include explanation of event, description of youth behavior, disposition of physical evidence and immediate action taken (See Policy 11.3 VI section B for complete instructions)

Date of Incident:

_Time of Incident:.

Prehearing Approval - Date:.

Time.

.Authorized by:.

Suspended Privilege:

The following disciplinary actions imposed:

Room Restriction:

Room Isolation:

Starting Oate:

Time:

Starting Date:

Time:

Starting Date:

Time:

Ending Date:

Time:

Ending Date:

Time:

Ending Date:

Time:

Visited by:

Date:

Visited by:

Visited by:

Date:

Visited by:

Isolation Beyond 24 Hours

Date: Date:

Visited by:

Date:

Visited by:

Date:

Release from Room Isolation

Date:

Time:

Date:

Time:

Date:

Time:

Date:

Time:

Date:

Time:

Authorized by:

For Isolation ONLY

I freely admit

or deny

(Check one) the violation charged against me in this matter.

No one has forced me or promised me anything to get me to admit or deny the charges. I

understand I will have a hearing on the facts of this report to find if I have violated a rule. This

entire form has been read to me.

Youth's Signature:.

-Date:

.Staff Signature:.

Youth's N a m e _

Attachment B RYDC Hearing Notification Form
Alleged Violation Date: Time:

I agree / disagree (circle one) to waive the 24-hour notice of my hearing. I request that my hearing be scheduled as soon as possible.

Your hearing date is scheduled for: Date

; Time.

I waive / do not waive (circle one) my right to be present at my hearing.
I am requesting staff assistance in preparing and presenting my case. Yes. No_
Assigned Staff: I will require the following witnesses:

Youth's Signature

Date: Time:

Adm. Staff Signature

RYDC Disciplinary Hearing Record

Youth's Name

Alleged Violation Date

Section I: HEARING RESULTS (Completed by Hearing Officer:) Decisions and Summary of Hearing:

Attachment C Time

You have the right to appeal this decision within 15 days. The Disciplinary Hearing Appeal Form is located in the Request to See Counselor Form Box in the dining room.

Hearing Officer's Signature

Date

I have read and had discussed with me the above decision.

Time

Youth's Signature

Date

Time

Director's Review

Date

Time

Counselor's Review

Date

Time

Section II: APPEAL RESULTS (Completed by Director) I have reviewed the evidence in this case and made the following decision:

Director's Signature

Date

have read and had the above decision discussed with me.

Youth's Signature

Date

Time Time

DISCIPLINARY HEARING APPEAL FORM

Attachment D

I want to appeal the Disciplinary Hearing Officer's decision in my case which was

conducted on

Date

at Time

NAME:

DATE REQUESTED: TIME REQUESTED:.

The Director's decision will be given to you in writing within 30 days of receipt of this form. After completion of this form, place it in the slot in the Request To See Counselor Box in the dining room.

 
 U.S. Department of Justice Civil Rights Division

Office of the Assisont Attorney General

Hbshinpon, D.C 20035
February 13, 1998 U.S. v. Georgia

The Honorable zell Miller
Governor of Georgia 203 State Capitol Atlanta, GA 30334

Hill HIIII||IIIIIIINBI III III I l l

Re: Findings of Investigation of State Juvenile •Tusr.ics Facilities

Dear Governor Miller:

On March 3, 1997, we notified you of our investigation of juvenile facilities in the State of Georgia under the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997a e.t seq,, and the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141. I am writing to report our findings.

We conducted our investigation through inspection of documents provided by the State, interviews with Department of Juvenile Justice (DJJ) leadership and staff, discussions with other juvenile justice officials and youth advocates, and through a series of tours of nine DJJ facilities. During the tours, we inspected physical conditions and various documentation (including incident and use of force reports; unit log books,youths' institutional, medical and educational records; DJJ and , Department of Family and Children Services (DFCS) abuse reports and investigations; policy and procedure manuals, etc.), and interviewed staff and residents. We were assisted in the process by ten expert consultants in the fields of juvenile justice administration, psychology, psychiatry, medicine and education. Over a six-month period from April to October, 1997, we spent more than 35 days on-site at the facilities.

During the tours and throughout this investigation, we have received the complete cooperation of the staff at the facilities, the leadership of the DJJ, and the Attorney General's office. At the close of many of the on-site inspections, our experts provided some initial comments on their preliminary observations arising from the tours. In light of the State's cooperation in this matter, and State officials' expressed desire to improve

-2-
conditions in these facilities, we will be sending you reports from these experts which provide their more detailed findings and their recommendations for steps to address the inadequacies they found and improve operations in the facilities. The purpose of our letter is to inform you of the Department of Justice's findings.
I. FINDINGS
The Georgia Department of Juvenile Justice operates two types of secure juvenile facilities in the State: Regional Youth Detention Centers (RYDCs), which primarily house youths pending their hearings in juvenile court, and Youth Development Campuses (YDCs), which serve as longer-term treatment facilities.
The State operates twenty-two RYDCs throughout the State. Each RYDC serves one or more counties in facilities generally designed to accommodate between thirty and forty youths. While the average stay in an RYDC is approximately 30 days, seme youths are released within a matter of hours and many stay for months or even as long as a year. Each year, mere than 20,000 youths are processed through the RYDCs. Most are fifteen years-old or younger.
DJJ also administers short- and long-term treatment programs at eight YDCs which range in size between about 150 and 500 beds. Youths who have been adjudicated delinquent spend between one and five years in the long-term programs at the YDCs. About 1,000 youths are committed to long-term programs each year. The average age of the youths is fifteen. More than three-quarters of these youths are committed to long-term programs for nonviolent offenses.
Since the passage of Senate Bill 440 (SB440) in 1994, juvenile courts also have been authorized to order youths to attend 90-day programs administered at the YDCs, primarily in the form of paramilitary boot camps . Some of these programs are run at YDCs with long-term programs, while other YDCs serve solely as boot camps. These boot camp programs range in size from as few as twenty-five beds to more than 300. About 4,000 youths are sent to these short-term programs each year. The average age is fifteen and, according to DJJ statistics, ninety percent of these youths have committed non-violent offenses.
Finally, a small number of youths, ages thirteen to sixteen, who are tried and convicted as adults are housed in the LeeArendale Correctional Institute in Alto, Georgia.
Our investigation identified a pattern of egregious conditions violating the federal rights of youths in the Georgia

-3-
juvenile facilities we toured.1 These violations include the failure to provide adequate mental health care to mentally disturbed youths throughout the system,- overcrowded and unsafe conditions in the Regional Youth Detention Centers; abusive disciplinary practices, particularly in the boot camps, including physical abuse by staff and the abusive use of mechanical and chemical restraints on mentally ill youths,- inadequate education and rehabilitative services,- and inadequate medical care in certain areas. Because of these conditions, many youths have suffered grievous harm, such as being injured or hospitalized due to fights with other youths or physical abuse by staff; mentally ill youths have degenerated in the State's care'- youths have suffered needless pain and continued illness from undiagnosed or inadequately treated medical conditions,- and youths' educations have been damaged by grossly substandard DJJ educational programs.
Moreover, our review of State documents and interviews with State administrators indicate that many of the problems identified in the facilities we visited were caused in large part by lack of resources and other inadequacies that are prevalent throughout the DJJ system and affect facilities beyond those toured by our experts and investigators.
Below we discuss our findings reaarding the RYDCs we toured (pp. 3-19),. followed by our findings relating to the YDCs and boot camps we inspected (pp. 19-32) . We also discuss the systemic patterns that pervade the entire DJJ system (pp. 32-33). Finally, we discuss the Lee-Arendale Correctional Institute (p- 33).
A. Regional Youth Detention Centers
The juvenile justice system in Georgia detains youths prior to adjudication in one of twenty-two State-run Regional Youth Detention Centers (RYDCs) or in the Fulton County Juvenile Detention Center (which Fulton County administers for the State pursuant to a contract, and which is to be closed when a new State-run facility is completed). Our investigation included onsite tours at five RYDCs — the DeKalb, Gainesville, Griffin, Gwinnett and Rome RYDCs — and the Fulton County Juvenile Detention Center.
1. Punitive Conditions. Youths may not be subject to punishment in pre-adjudication facilities, including imposition of restrictive conditions or practices that are excessive in relation to the legitimate governmental objectives of safety,
1 We discuss the conditions in the Lee-Arendale Correctional Institute separately, s^e. p. 33.

-4-
order and security. 3_e^, e.g. • Schall v. Martin, 467 U.S. 253, 269 (1984); Hill v. DeKalb RYnr. 40 F.3d 1176, 1137 n.19 (11th Cir. 1994); H.C. v. Jarrard. 786 F.2d 1080, 1085 (11th Cir. 1986) . £££ -aiSfl Lvjicjl v. Baxl.ay. 744 F.2d 1452 (11th Cir. 1934)
a. Conditions in the RYDCs
Georgia's RYDCs house youths awaiting adjudication on charges ranging from running away from home and truancy to murder. According to DJJ statistics, almost three-quarters are charged with non-violent offenses and about one-third are charged with status offenses or probation violations.2 Even so, the RYDCs are in most respects similar to many adult jails. They were constructed to accommodate thirty youths in locked cells with one bunk and a toilet. Each cell is approximately eight feet by ten feet. The facilities were built" with a common area designed for indoor recreation and dining, and have an outdoor recreation yard. They generally were constructed with a single classroom, built to accommodate approximately fifteen youths. The DeKalb RYDC, built more recently, has a slightly different design, with a capacity of forty, a larger multipurpose area, and four classrooms. The facilities employ jail-like security — they are surrounded by razor wire fences, and employ uniformed guards who have access to shackles and (in many facilities) pepper spray, place youths in correctional jumpsuits and use handcuffs when transporting youths to and from the building.
These facilities are also grossly overcrowded. Since the passage of SB440, authorizing boot camp placements, the number of youths housed in the RYDCs each year increased by approximately one-third. During our initial series of tours last spring and summer, the population of most of the RYDCs in the system ranged from 150 percent to almost 300 percent of design capacity, with more than half the facilities operating at or above double their capacity. As a result, between two and five youths share the eight-by-ten-foot cells designed for one youth, with several youths having to sleep shoulder-to-shoulder on thin mattresses on the floor (often with their heads inches away from the cell toilet). The facilities lack adequate space for functional classrooms and little room to accommodate youths' spending time outside of their cells. Prolonged periods of lock-down are especially common on weekends when there are no classes and the facilities lack sufficient staff to supervise activities out of the cells. As one facility director candidly pointed out to DJJ administrators in a monthly report:
We are staffed to manage 19 beys and 11 girls. When we try to manage 53 boys and 23 girls our staff becomes
2 This amounts to more than 1,200 status offenders and more than 5,000 probation violators.

-5-
overwhelmed. All of our systems become overwhelmed. There is not enough room for the residents to sit in a common area. There is not enough room for residents to attend class. There is not enough room for residents to have either indoor or outdoor recreation . . .
Conditions during lock-down are especially punitive. Many of the facilities take the youths' mattresses away during the day, leaving the youths with no choice but to lie on the cold, hard metal bed frames and concrete floors. In many of the RYDCs we visited, youths may not even have reading materials in their rooms (other than a Bible). And, as discussed below, the prolonged unsupervised idleness leads to fights and sexual assaults, resulting in numerous injuries and hospitalizations in all the facilities.
These conditions are particularly harmful to the large number of young detainees charged with status offenses or similar less serious offenses. One of our experts' strongest impressions of the RYDCs we visited was the large"number of small and young youths who would not be held in such jail-like, high security facilities in other jurisdictions. For example, we encountered a very small eleven-year-old boy who was being" detained for threatening his fifth grade teacher,- a twelve-year-old boy with a seizure disorder incarcerated for making a harassing phone call; a fourteen-year-old girl in secure detention for painting graffiti on a wall; numerous youths detained afcer relatively minor fights at school; a sixteen-year-old girl detained for "failing to abide by her father's rules" (throwing objects in her room and skipping school) ; a thirteen-year-old girl who had stolen $127 from her mother's purse; and numerous children who had run away from troubled homes. Many young children were held on charges of "terroristic threat," which often amounted to nothing more than "cussing out" a teacher or group home staff member.
The housing of such youths in the secure RYDCs, rather than in alternate placement facilities such as shelter care or group homes, contributes significantly to the overcrowding in the facilities. Although State law requires that intake workers attempt to place such youths in the least restrictive environment possible, s_e_e. O.C.G.A. § 15-11-18 . l (d) , our interviews with State and facility administrators and juvenile judges indicate that this requirement cannot be adequately implemented due to the lack of alternative placement options.3 As a "result, more than half the detainees at the Bob Richards RYDC were listed as detained
3 While more than 24,000 youths were detained in secure facilities in FY1996, the State provided only 2,734 placements in non-secure settings such as group homes or in-home supervision with electronic monitoring.

-o -
for status offenses, violation of probation, or violation of the rules of an alternative placement at the time of our tours. The same was true of almost half of the youths at the Gainesville RYDC, approximately one-third of the youths at the Griffin and DeKalb RYDCs, and one-quarter of the youths at the Gwinnett RYDC. Many of these youths spend significant periods of time in these facilities, often awaiting placement in non-secure programs (such as a group home). One RYDC director stated that while not all youths accused of violating probation or committing less serious offenses are appropriate for less secure placements, he estimated that thirty percent of the youths in his facility could be adequately supervised in a less jail-like setting.
Such youths suffer disproportionately from the harms associated with the facilities' punitive conditions and other deficiencies (like lack of adequate mental health care, discussed below). For example, in the DeKalb RYDC, we met a 13-year-old girl with a history of running away from home because her mother's boyfriend sexually molested her. She was being held in the RYDC after charges were filed against her for breaking a window screen in a group home and attempting to kick a staff member. She had been held in the RYDC for almost a month when we1 met her, the legal justification for which was the lack of a suitable parent or other custodian to supervise her pending her hearing.4 While incarcerated, she suffered from serious depression and had nearly succeeded in committing suicide the morning of the day we met her. Such consequences are not uncommon. In another case, for example, we met a 16-year-old girl being held as an accessory to an aggravated assault. The court ordered her held in the Griffin RYDC because she had an unstable family situation (a history of running away and poor parental supervision) pending trial". At the time of our visit, she had already been in secure detention for eight months and had attempted suicide on four occasions.
Subjecting youths to such punitive conditions violates their constitutional rights. See Gary H. v. Hegsr.rnm. 831 F.2d 1430, 1434-36 (9th Cir. 1987); Morgan v. Sproaf.. 432 F. Supp. 1130 (S.D. Miss. 1977). See al£Q. Lvnrh v. Baxlsy. 744 F.2d 1452 (11th Cir. 1984).
4 This girl was one of many youths detained solely because she had "no parent, guardian or custodian or other person able to provide supervision and care for [her] and return [her] to court when required." Sas. DJJ Policy #8.5 (VII) (D) (1) (c) (DJJ intake policies) . See, also. O.C.G.A. § 15-ll-ia (permitting, but not requiring, secure detention for such youths). Absent an allegation of delinquency, such a child would likely be considered "deprived" and subject to the care of the DFCS in a non-secure foster home or shelter. £££. 0 C G \ § 15-11-20 (f); 42 U.S.C. § 5633(a) (12) (A) .

-7-
b. Fulton County Juvenile Detention Center
The Fulton County facility, which is run by Fulton County under a contract with the State, is much older, designed as a multi-floor detention center for approximately ISO youths. Because of massive disrepair, however, twenty or more of these rooms are uninhabitable at any given time. It has a large, enclosed outdoor recreation area and is attached to the juvenile court building. This facility subjects youths to long periods of lock-down in a dilapidated, unsafe building.
Youths often live doubled up in decaying, ill-ventilated rooms built for one. They spend inordinate amounts of time in their rooms, in part because the school lacks sufficient space for all youths to attend — on the day of our site visit more than twenty-five percent of the youths were locked in their rooms throughout the school day. Even though the facility has a large, enclosed outdoor recreation area, youths never go outdoors because of insufficient staffing. While locked"in their rooms, youths must rely on staff to take them from their cells to the bathroom, since the cells have no toilets. The severe understaffing at the facility — sometimes one staff must supervise an entire wing, consisting of twenty or more youths housed in a long, twisting hallway — often means that staff are unavailable to respond to requests to use the bathroom (or simply refuse to respond). As a result, youths urinate in cups or out the window — the smell of urine was present throughout the facility (even though substantial efforts had been undertaken to clean the facility prior to our visit). Moreover, the bathrooms themselves are in disrepair, many with broken fixtures, mold and mildew.

2. Protection from Harm. The State has a constitutional

obligation to assure the reasonable health and safety of the

youths in its custody in the RYDCs . See Youngberg v*. Romeo. 457

U.S. 307 (1982); Alexander S v. Boyd. 876 F. Supp. 733, 787

(D.S.C. 1995); D.B. v. Tewksbury. 545 F. Supp. 896 (D. Or. 1982).

This duty includes the obligation to protect" residents from other

youths and fire safety hazards. See Thomas S. ex r°l. Brooks v.

l

699

p. Supp. 1178, 1200 i

(W.D.N.C. 1988)),, aaffid.

902

F.2d 250 (4th Cir. 1990); Alayandor s v_ Boyd, 876 F. Supp. at

786. Overcrowding and understaffing of the RYDCs we visited has

prevented the State from complying with this constitutional

mandate.

a. Physical and Sexual Assaults

The lack of space in the RYDCs prevents implementation of an adequate classification system to separate younger, more vulnerable youths from older, potentially predatory detainees. Directors at the facilities admitted that they are unable to comply with even the very minimal classification criteria

-8-
promulgated by DJJ. And, as pointed out by one facility director in a report to DJJ officials, " [w] hen four boys are housed in a room designed for one, it leads to horseplay which leads to injuries and fights. There is also an increased risk of sexual assaults." For example, in one incident, a youth held for violation of probation at the Gwinnett RYDC was housed with three youths accused of armed robbery and aggravated assault and was beaten and sexually assaulted without intervention by staff. A Georgia Department of Family and Children Services (DFCS) child abuse investigation concluded that the youths were not being adequately monitored or classified, due in large part to the overcrowded conditions in the facility.
Staff do not — and given the staffing levels, often are simply not able to — provide visual checks on the rooms with sufficient frequency to prevent fights or intervene to prevent harm when fights do occur. Staffing levels at every facility were dangerously low. At the DeKalb RYDC, for instance, five line staff commonly supervise 100 youths or more as they rotate through school, showering, recreation, etc., while also conducting regular checks on youths in disciplinary lock-down or suicide watch. On the third shift, three staff members commonly monitor the entire DeKalb facility. In the smaller RYDCs, two or three staff are often patrolling the living units (with one additional staff in the control room) to supervise between fifty and ninety youths during the day. At night, as few as two staff (one in the control room) monitor the entire building. The design of the buildings, in which cells along multiple connected hallways cannot be observed simultaneously from any given point, makes observation especially difficult when staffing is low. Only the DeKalb RYDC has video monitors, and the audio monitoring systems in the other facilities function poorly. On numerous occasions, staff in these facilities only became aware of injuries when the youths were let out of their rooms the next morning.
Thin staffing patterns also present a danger of staff abuse during periods when only one or two staff members are on duty in the building. For example, on one occasion, a male staff member at the Gwinnett RYDC convinced the only other staff member on the third shift to take a nap and then sexually assaulted a 14-yearold female resident (for which he was dismissed and eventually criminally prosecuted).
b. Fire Safety
The thin staffing in all the RYDCs not only prevents adequate monitoring of youths, but also presents a real danger of loss of life in the event of a fire, given that each cell must be manually unlocked. On the third shift, this task would often fall to two or three staff, responsible for releasing up to 100 youths. This dangerous situation creates a constitutionally

-9-
unacceptable safety risk to the youths. £££ Alexander S. v. Boydr 876 F. Supp at 786.
3. Inadequate Mental Health Care. RYDC residents have significant mental health care needs. A 1996 study conducted by Emory University for DJJ found that sixty-one percent of RYDC residents had psychiatric disorders and that thirty percent had substance abuse problems. These youths are systemically denied access to adequate mental health care in the RYDCs.
a. Mental Health Treatment
The RYDCs and the Fulton County facility do not have access to sufficient resources to meet the serious mental health needs of their most troubled residents. The State's medical contractor provides a very limited amount of psychiatric consultation. These psychiatric subcontractors are paid $75 per hour to provide up to two hours of services per week at some of the RYDCs. However, we found little evidence that these services were beina used even to that limited extent at the facilities we toured. Recently, the contractor has begun paying psychologist consultants $300 per month to provide*services "as needed." Again, we saw little evidence of their use in these facilities.
To supplement the meager mental health resources provided by the DJJ, individual facilities' directors attempt, with varying degrees of success, to obtain help from outside agencies in the local communities. Thus, Local Community Health Boards provide fairly minimal services to some RYDCs, in the form of evaluation services to permit referrals for hospitalization and, at a few of the RYDCs, behavioral staff to provide one-on-one suicide watch monitoring in the facility in severe cases. Although some outside groups volunteer to conduct drug education programs in the facilities, there are very few drug and alcohol treatment services provided.
We found that the quality of mental health care provided in 'the RYDCs we visited was also deficient. The administration of psychotropic medications is seriously deficient in almost every area. Important tests to monitor drug effects on youths' heart, blood and liver are not ordered. Documentation and medical charting is very poor. The use of medication is not part of any coordinated mental health treatment strategy. Almost no psychotherapy or skilled mental health counseling services are provided at any of the RYDCs. There is little interaction between psychiatric consultants and facility staff (including medical staff), contributing to the inadequate monitoring of the psychotropic medication's efficacy and side effects.
Instead, youths are generally monitored and counseled by overworked, bachelor-degree-level counselors at the facility*

-10-
unless Che youth's level of distress reaches a point where hospitalization is required. Even then, the State has almost no capacity to provide hospital treatment to youths who need it. DJJ contracts with the State psychiatric hospitals to provide only five long-term treatment beds for youths throughout the DJJ system (including the YDCs and boot camps) . Thus, hospitalization is limited to a short period of evaluation, medication and stabilization, after which youths are returned to the facility. We frequently encountered severely troubled youths in the RYDCs who had long histories of self-mutilation, psychotic episodes, or suicide attempts followed by hospitalization, medication, and return to the RYDC where the cycle repeated. For example, one youth at the Griffin RYDC was hospitalized and returned multiple times for head-banging behavior that resulted in severe bloody ulcers on his forehead. ' Often, release papers from the hospital.recommend treatments — such as individual and family therapy — which are not provided by the RYDCs upon return.
b. Suicide Prevention
The RYDCs lack the resources and training to satisfy their constitutional obligation to respond adequately to the risk of suicide and to suicidal or other self-injurious behavior. Sss, e ,g, , Myers v. County of Lak^, 30 F.3d 847 (7th Cir. 1994) .
Although the facilities attempt to identify youths at risk for suicide through a questionnaire at intake, both the content of the intake and the setting in which it is administered (by inadequately trained line staff as part of a "booking" procedure) are insufficient to identify at-risk youths. For instance, youths at the Gwinnett RYDC are questioned through a hole in the plexiglass separating the intake area from the control room. The intake instrument itself is cursory and fails to identify many suicide risks, particularly when administered by untrained personnel in these circumstances. Often it is not completed at all.
At most RYDCs, once a youth has been identified as being at immediate risk for suicidal behavior, staff lock the youth alone in a cell, removing the youth's sheets, clothing and personal effects, leaving the depressed youth alone in a paper gown, sometimes for days. Suicidal youth are then monitored more closely, but they are not permitted to leave their rooms to eat with the other youths, attend school or (often) even to obtain exercise or recreation. This practice of isolating depressed youths in demeaning conditions for hours (and sometimes days) usually exacerbates the youth's depression.
Mental health responses to suicidal youths' underlying emotional or psychiatric problems are inadequate. All too often, line staff and supervisors without any mental health background

-11-
or training are left to determine whether the behavior indicates a need for skilled mental health intervention or is simply nonserious, attention-seeking behavior. Some facilities (the DeKalb and Bob Richards RYDCs, for example) have implemented a program to create in-house "Crisis Response Teams" to respond to suicide risks. But while this program is certainly beneficial (and includes training that should be provided to all staff) it is not an adequate replacement for skilled mental health care, including hospitalization, when appropriate.
Moreover, even the attempts to prevent actual self-harm are inadequate. On more than one occasion, we observed suicidal youths locked in their rooms, alone on the living unit hall without any supervision while the only available staff supervised the other detainees in school or at recreation. These staff admitted that they were unable to conduct even fifteen-minute checks on the suicidal youths back in their rooms. In November, a youth on suicide watch at the Augusta YDC hanged himself after staff failed to conduct fifteen-minute checks.
4. Abusive Disciplinary Practices. With the exception of the Gwinnett facility, the RYDCs we toured do not have any functioning system of positive incentives to manage youth behavior, and instead rely almost solely on discipline (generally, room confinement) and force to manage the facility. This sometimes leads to unconstitutionally abusive disciplinary practices. gee, e.g., H.C. v. Jarrarri... 786 F.2d at 1089.
Staff in some of the facilities routinely use mechanical restraints as a form of punishment for behavior that does not represent a threat to the safety of the youth or others. These violations of DJJ's own policies are particularly pervasive at the Gainesville RYDC, but also have occurred in the Gwinnett and Bob Richards RYDCs. Most commonly, we found that staff used the restraint chair — a plastic chair into which a youth can be shackled and strapped — to punish youths for making noise, kicking their doors or flooding their toilets.
In the Fulton County facility and at the Gainesville, Griffin and Gwinnett RYDCs, staff sometimes strip detainees who are kicking their doors or being disruptive and remove the youths' mattress from the cell, forcing them to sit in their underwear on the cold concrete floor or metal bed. On one occasion, a staff member at the Gainesville RYDC stripped a mentally ill youth and left him naked in his room for half an hour because he believed the youth might attemct to flood his toilet.
In Fulton County, staff routinely place youths on high level suicide watch as punishment, stripping them of their clothes (sometimes providing paper gowns, sometimes leaving the youths

-12-
naked), removing their mattresses and confining them alone in their rooms for days without access to education or exercise. Youths who refuse to remove their clothes are forcibly stripped, and male staff are sometimes involved in stripping female residents. Staff often put youths in disciplinary suicide watch on Friday evening, knowing that no mental health staff will be available to evaluate and release the youth until Monday, and then release the youth on Monday morning before a mental health referral can be made.
Staff at many of the facilities also impose significant periods of isolation in room confinement for very minor offenses. For instance, isolation for three days for cursing at staff is common at the DeKalb RYDC. Youths in Fulton County can also receive three days of lock-down for talking during meals. At this same facility, youths who scraped their names in the walls freshly painted just prior to our inspection tour were placed in disciplinary confinement indefinitely (and had been confined for almost two weeks at the time of our tour). While on isolation, youths do not attend school, generally eat meals in their rooms, and often are not let cut of their cells even for recreation or exercise.
5. Staff Abuse. Use of excessive force against juveniles is unconstitutional. See,, e.g. . H.C, v. Jarrard, 786 F.2d at 1084-85. Patterns of excessive force were present (although to varying degrees) in all the RYDC facilities we toured. With the exception of the Griffin RYDC, our investigation found that staff persistently used excessive physical force against youths, in the form of hitting or slamming youths onto the ground and into walls, or otherwise injuring the youths. For example, a staff member at Fulton County bit a youth during one incident and three staff members from the Gainesville RYDC were criminally indicted for child abuse. Staff at the DeKalb RYDC have used OC spray (pepper spray) to punish youths for non-compliant or otherwise annoying, but non-dangerous, behavior.
This problem is created, in part, by lax supervision of line staff (for example, much of the misuse of restraints and excessive force occurs during the lightly-staffed third shifts); poor documentation of use of force,- poor quality investigations of abuse allegations,- exceedingly limited risk management by the central office,- poor training of staff to de-escalate situations and control their own emotions,- and by overcrowded and understaffed conditions that place great strain on the line staff.
We note, in particular, that although state law requires reporting of allegations of child abuse — including excessive force in juvenile institutions — to DFCS for investigation, many allegations of abuse are not reported. For example, our

-13-
investigation found a number of written grievances regarding staff abuse at the Fulton County facility, most of which had not been forwarded to DFCS. Moreover, DFCS generally will not conclude that abuse has occurred unless it has resulted in physical injury. Finally, the quality of DFCS investigations is generally quite poor. For instance, investigators routinely fail to question the accused officers or any witnesses other than the complainant, relying instead on the officers' incident report.
6. Inadequate Education. Youths in the RYDCs are entitled to an adequate education while held in the facilities not only by state law, but also by the federal constitution, gee, e.g.. Gary IL. v. Hegstrom. 831 F.2d at 1433; Morgan v. Sproat, 432 F. Supp. at 1140-41. The State also is obligated to provide a free and" appropriate education to disabled students pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 e_£. £££. , and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Se~ a2^Q, e.g. . ^ovar.dflr S . v. Boyd,f 876 F. Supp. at 800.
a. General Education
Every aspect of education in the RYDCs is compromised by crowding and lack of resources. There is net enough space in the classrooms to accommodate the youth; as a result, the multipurpose rooms are used as ncisy class space. There are not enough teachers given the population levels.' Each facility has one special education and one regular education teacher to serve between fifty and 100 children ranging in age from nine to sixteen and having an even wider range of academic levels. To help with these massive demands on the certified teachers, the facilities use an uncertified teacher's aide and a Juvenile Corrections Officer to teach classes like "Values Education," "Health," and physical education. During our education tours, facilities were attempting to provide four hours of education per day pursuant to the terms of a waiver the DJJ school system had received from the State Department of Education's general requirement of five and one half hours per day for all other schools. However, more than half of the students' time is spent with uncertified teacher aides or line staff. Much of this time often consists of writing letters, reading magazines, or watching videos.
Even the time spent with certified teachers is of very limited value due to the lack of educational materials, the extraordinary range of academic abilities within each class, and the teaching methods employed. Most facilities have no budget to purchase educational materials and must use outdated text books discarded by local schools (although the RYDCs have a small number of computers through special funding from the State Lottery). While the RYDCs do perform some academic testing upon

-14-
admission, class assignments are determined by room assignment, rather than academic level. Thus, we encountered both youths who could not read and high school honors students in the same classes, receiving identical assignments which were uninstructive to either student. Most classroom instruction takes the form of xeroxed worksheets to be completed by the student with little instruction or assistance from the teacher. Our experts concluded that given the educational deficits of most of the students and the high prevalence of learning and emotional disabilities among the students, this is the least effective mode of instruction possible for these students.
The youths incarcerated in the RYDCs are especially in need of adequate education. According to DJJ's own estimates, over half of the youths admitted to the RYDCs are six or more grade levels behind in reading, and mora than a third are six or mere grade levels behind in mathematics. The failure to provide adequate educational services in the RYDCs has serious consequences for the youths incarcerated there. Although manv youths' stay at the facility is quite short, a substantial number are detained for many weeks or even months. For those destined for boot camps, the combination of time spent in the RYDC and time spent in boot camp can amount to the" better part of a semester at school. And many troubled youths, through multiple admissions to the local RYDC, spend a substantial portion of each school year in the facilities. Finally, the RYDCs make no effort to transfer records or grades to the child's home school or to ensure the student receives academic credit for work performed at the facility, except on the rare occasions where the student's family requests a transcript.
As a result, detention at the RYDC results in serious disruptions to children's educations, includina causing children to repeat grades in school. The infliction of"such consequences — ofcen in violation of State law and regulations and even upon those ultimately found not guilty for their charged offenses — serves no legitimate State purpose."
b. Special Education
Our education experts found non-compliance with most of the requirements of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act in all of the facilities we investigated.
i. Screening, Identification and Evaluation.
Under the IDEA, the State must make adequate attempts to identify youths qualifying for special education services. 20 U.S.C. § 1412(2)(C); 34 C.F.R. § 300.128 (IDEA); 34 C.F.R. § 104.32 (Section 504); Alexander- .g v . Boyd. 876 F. Supp. at 788. The RYDCs' attempts to identify youths who qualify for

-15-
special education services are inadequate. The RYDCs' primarymethod for identification is requesting educational records from the youth's home school district. Some of the facilities (e.g.. the Gainesville and Bob Richards RYDCS) have employed a part-time records clerk to assist in this process. However, high turnover rates for residents and delays in receiving such records often result in the child leaving the RYDC before records are received. Attempts to retrieve such records are usually abandoned when the child leaves the facility, even when the youth has transferred to another DJJ facility and even though many youths will return to the RYDC at some point in the future. The facilities often ignore other indications of special education qualification elsewhere in the children's institutional and medical files. For instance, we found children whose probation reports indicated a history of special education but who were not receiving such services in the RYDC. There were even children who had active special education plans in their institutional files, but who were not identified as eligible for special education by the facility. Moreover, referrals for special education evaluation are rare even when the youths display obvious signs of special education need.
Implementing such identification procedures is especially important for youths who will be going to boot camps; delays in implementing special education services at the RYDC, in addition to delays at the boot camps often results in youths spending as much as six months in the DJJ educational system without ever receiving the services they need, and federal law requires, in order to benefit from education.
ii. Individualized Education Program
The foundation of the special education process is the development and implementation of an Individualized Education Program (IEP) for each qualified child. Honig v. Qoe., 484 U.S. 305, 311 (1988) . &££ alSH 34 C.F.R. § 300.341(a) . Compare 34 C.F.R. § 104.33(b) (2) (Section 504) . If a youth is brought into the facility with an active IEP, the RYDC may implement it in the facility, so long as the facility provides the services required (or closely approximate to those required) in the IEP, and so long as the youth's stay in the RYDC is short. See Alexander S, v. Boyri. 876 F. Supp. at 802. However, significant deviations from the existing IEP can only be made to accommodate the interests of the youth, not the resource constraints of the facility. See 34 C.F.R. § 300.17. if no current IEP exists or is otherwise unavailable, the RYDC must develop one through team meetings, as described in the regulations. S_££. 34 C.F.R. § 300.344(a) - (b) , 300.345 (IDEA). S_£e_ a_l££ 34 C.F.R. §140.35 (Section 504).
Among other things, the IEP must include "related services," such as individual or family counseling, that are "required to

-16-
assist a child with a disability to benefit from special education." 34 C.F.R. §§ 300.347(a)(3), 300.16. For children sixteen years-old or older (and younger children when appropriate), the IEP must also provide for services to aid the child in the transition from school to post-school activities, such as vocational training or instruction in independent living 34 C.F.R. §§ 300.347(b), 300.18.
Our investigation found consistent failure to comply with most of the statutory and regulatory requirements. When IEP meetings are held, few efforts are made to comply with the requirement to include parents or obtain parent surrogates. See 34 C.F.R. §§ 300.344(a)-(b), 300.345. The IEPs frequently fail to specify measurable short-term objectives. See 34 C.F.R. § 300.47. Despite the obvious need for related services — such as, for example, psychological counseling for youths whose behavioral problems result in frequent expulsion from the classrooms — such services are net considered" in the ISP process or provided to the students. There was little evidence of transition planning.
Rather than designing IEPs to meet the students' individual needs, IEPs in the RYDCs uniformly are altered to designate that the child will attend class with general education students, not because this is the most integrated setting consistent with the child's needs, but because the RYDCs offer no other educational options. We found little evidence that the individual attention and special modifications promised in the IEPs are received in practice.
Students entitled to special education are also routinely excluded from education altogether. Students on suicide watch or in disciplinary isolation are excluded from class and no substitute educational opportunities are provided. Some disabled students are consistently excluded from class for repeated periods of "time out" in their rooms, often for reasons directly related to their disability, indicating an unfulfilled need for related services or the inappropriateness of placing the disabled youth in a general class room. S_e_£ also 20 U.S.C. I 1412 (a) (1) (A)
7. Medical Care. Youths in DJJ's facilities have a constitutional right to adequate medical care. Estslle v. GambiP, 429 U.S. 97 (1976); E.C, v. Jarrard. 786 F.2d at 1086. While the State has begun to address the need for adequate medical care in the RYDCs in recent years — hiring a private contractor to provide a basic level of services, including a facility nurse — our investigation found that medical care was
still inadeouate in some areas.

-17-
a. Admission Health Appraisals
The starting point of an adequate medical system is identification of health problems upon admission to the facility. Seg, e.g. . H.C. v. Jarrard. 786 F.2d at 1086; Pat-.f.grson v. Hopkins. 481 F. 2d 640 (5th Cir. 1973) . While the RYDCs conduct a medical screening interview immediately upon admission, and attempt to assure prompt physical examinations, the scope, quality, and timeliness of these examinations varied considerably. We found long delays in conducting physicals at the DeKalb RYDC and Fulton County facility. Exams often are incomplete. For example, the facilities often do not give gynecological exams to girls or conduct tests for sexually transmitted diseases, even though more thorough testing at the girl's YDC in Macon frequently identifies such diseases and other medical problems that could have been identified and treated months earlier in the RYDCs.
Adequate screening is particularly important because high turnover rates in these facilities bring large numbers of youths through the RYDCs every year, many with"serious medical problems — such as seizure disorders, diabetes, asthma, pregnancy and mental illnesses — that require careful monitoring to prevent serious health emergencies .
b. Dental Care
The RYDCs do not conduct any dental screening on youths and provide dental care only in extreme emergencies (usually requiring tooth extraction). Dental care is not covered under the State's contract with the private health care provider, even though a significant number of youths in the RYDCs may be held there for many months in need of dental care to ameliorate pain and prevent further damage to their teeth.
c. Quality of Care
Each RYDC is staffed with one nurse, who is on-site eight hours each weekday, and on-call on nights and weekends. The nurse must conduct sick call, manage and distribute medication, review intake medical screenings, arrange outside appointments and consultations, and respond to emergencies, in addition to performing the required physical examinations on new intakes. Each RYDC contracts with a private physician to provide two hours per week of medical service. This level of staffing is inadequate, given the population of the RYDCs and the rapid population turnover, leading to dangerous lapses in medical care. Often, screening forms are not completed by the line staff or sufficiently reviewed by the medical staff; physicals are not completed in a timely manner or are only partially completed; medical conditions requiring treatment or monitoring are missed; response to sick call requests can be delayed for days,- and

-18-
medical records are incomplete and often not sent with youths when they are transferred to another DJJ facility. These predictable consequences of an overburdened medical staff are exacerbated by inadequate training and supervision of the medical personnel — for most practical purposes, the facility nurse runs an autonomous health care program without any significant oversight or quality assurance from the State Medical Director's office or the contractor.
8. Delayed Probable Cause Hearings. Ordinarily, youths believed to be delinquent or believed to have committed a status offense are first evaluated by a juvenile intake officer who determines whether the youth should be detained in an RYDC pending adjudication, placed elsewhere, or returned home. If the intake officer detains the youth, a probable cause hearing before a juvenile judge is held within three days (exclusive of weekends and holidays) to determine if there is probable cause to believe that the offense was committed and whether the youth should continue to be detained in the RYDC prior to an adjudication on the offense. £££. O.C.G.A. § 51-ll-21(c). Youths detained on a Thursday often do not receive probable cause hearings until the next Monday.
The Due Process Clause of the Fourteenth Amendment requires that probable cause hearings be held within two days (including weekends and holidays) absent exigent circumstances. See A.M. v. Mari-ip No. 1: 96-CV-2316-JEC (N.D. Ga. Jan. 26; 1998) ; £_££. a_L£O_ Count-y of Rjyprside v. McLauohl,^. 5Q0 U.S. 44 (1991) ; Moss v.
525 F.2d 1258, 1261 (5th Cir. 1976)). Youths in Georgia are consistently ddeniiedd thheiir right to prompt probable cause hearings.
9. Discipline without Due Process. Youths may be isolated and locked in their rooms as an immediate response to out-ofcontrol behavior that endangers the youth, other youths, or staff. However, once the youth has regained control, further isolation for punitive purposes may only be imposed if the youth is afforded notice of the charges and an informal hearing before a staff member not involved in the incident. Cf • H.C. v.
786 F. 2d at 1089; Garyy H. v. Heosf.rom. 831 F.2d 1430,
1443 (9th Cir. 1987) ; Patterson v. Hopkins. 481 F.2d 640 (5th Cir. 1973) . With the exception of youths at the Griffin and Bob Richards RYDCs, detainees in the facilities we toured are consistently punished without such due process procedures.
10. Grievance Process. Detained youths have a constitutional right to file grievances with facility administrators regarding their treatment in the RYDCs. £££. Bradply v. Hail, 64 F.3d 1276 (9th Cir. 1995). Such grievances also provide an important quality-control mechanism by which DJJ administrators could be monitoring whether facilities are

-19-
adhering to State policies. Although DJJ policy requires a grievance procedure be available in each facility, this policy has been only partially implemented in most RYDCs we toured. Often, youths are not made aware of their right to file a grievance (they are not given handbooks explaining their rights, also in violation of DJJ policy) , no forms are available, or line staff refuse to give youths the forms. A number of the facilities apparently interpret DJJ policy to require the youth to file the grievance with the employee against whom the youth is complaining, creating an obvious deterrent to the filing of such complaints and an unreasonable impediment to access to DJJ ' administrators.
B. Youth Development Campuses and Boot Camp Programs
We conducted our investigation of the YDC short- and longterm programs through document review, staff and resident interviews, and on-site tours with our experts of three shortterm and two long-term programs. This included inspection of the Bill E. Ireland YDC, which houses about 500 youths and conducts both a long-term "regular" program and a boot camp for boys on a large campus in Milledgeville, Georgia. Hera, youths are housed in small cottages built for twenty youths, or in a large temporary dormitory created from a former gymnasium. We also visited the Macon YDC for girls, which also"conducts long- and short-term programming for about 160 girls in cottages built for about 25 youths. Finally, we inspected the Irwin YDC, which is run solely as a boot camp by a private contractor for the State. It houses about 300 boys in a single building originally designed as an adult prison. The boys sleep in open dormitory units containing about fifty boys.
Youths in these facilities have basic constitutional rights to adequate medical and mental health care-, protection from harm (including staff abuse), and to adequate education and rehabilitative treatment. £££., e.g. . Gary H. v. Hegstrom. 831 F.2d at 1432; Nelson v. Hsynp. 491 F.2d 352, 359-60 (7th Cir. 19 74); ATP^ander S. v. Boyd., 876 F. Supp. at 790; Morgan v. Sprnaf 432 F. Supp. at 1135; £ejaa. v. New Ynrk n-iv. for Youth. 419 F. Supp. 203, 206-207 (S.D.N.Y. 1976); Martalla v. Kslley., 349 F. Supp. 575, 585 (S.D.N.Y. 1972).
Our investigation uncovered systemic violations of the federal rights of the residents at these facilities.
1. Inadequate Mental Health Care and Suicide Prevention. There are significant numbers of mentally ill youths in Georgia's YDCs, many of whom are not receiving adequate mental health care. As mentioned above, more than sixty percent of youths entering the DJJ system have diagnosable psychiatric disorders.

-20-
a. Mental Health Cara
Our investigation found many youths whose mental illnesses were left untreated even when they suffered from prolonged acute distress. Our experts found that mental illness is almost solely addressed through correctional responses (e.g.. discipline, isolation and restraints) and through medication that is not part of an integrated mental health treatment strategy.
The results of this mode of treatment are dramatic. For example, on one occasion, a youth with a history of psychiatric hospitalizations and self-injury (such as placing staples in his eyes) was placed in shackles for two and a half hours* as punishment for misbehavior in the security unit at the Bill E. Ireland YDC. When he managed to escape from the cuffs, staff physically subdued him and put the handcuffs back on. He then threatened to kill himself. Staff called the nurse to administer a shot of Thorazine. When the youth resisted the shot, three officers engaged him in a struggle and held him down while the shot was given. When released, he began hitting his head against: the wall and was restrained. Shortly"thereafter, he began kicking his cell door. Staff placed" him in handcuffs and shackles. When he began to kick the door again, staff opened the door and sprayed him with OC spray. He was"then showered and put in the isolation room, where he continued to beat his head against the wall until staff placed him in a straight jacket and helmet. Although he was checkad for physical injury by the nursing staff, he was not seen by any mental health professional as a result of this incident.
This incident typifies the conditions in which many mentally ill youths are housed and treated. Many end up locked in security units where they spend large portions" of their days isolated in small rooms with few activities. In these units, and elsewhere, they are often restrained, hit, shackled, put in restraint chairs for hours, and sprayed with OC spray by staff who lack the training and resources to respond appropriately to the manifestations of mental illness.5 Instead of properly de-
= Until recently, staff were also authorized to use medication — in the form of involuntary injections of psychotropic drugs — to restrain youths deemed out-of-control, on the authority of a "PRN" (as needed) prescription by a psychiatrist and administered by the facility nursing staff. Such a practice is subject to dangerous abuses in a correctional setting and we found significant evidence that on at least some occasions, youths at both the Bill E. Ireland and Macon YDCs were subject to forced injections as punishment for angering staff (particularly the nursing staff) rather than as an appropriately monitored medical treatment to prevent injury to the youths or others. See Nelson v. Heyne, 491 F.2d at 356-47. This situation

-21-
escalating situations or seeking aid from mental health resources, staff respond with force that ordinarily escalates the crisis. For instance, while in the security unit at the Bill E. Ireland YDC, one of our experts witnessed staff respond to a mentally ill youth's refusal to leave his cell when ordered. Rather than attempt to de-escalate the situation, three line staff engaged him in_a physical confrontation, dragged him from his room, threw him in another and slammed the door (whereupon he immediately responded by unsuccessfully attempting to hang himself from the fire sprinkler head with his pants as staff looked on laughing). Other youths have been shackled to their beds or even to toilets. Staff have used OC spray on suicidal youths who resist having their clothes taken from them. Often these responses have little effect on controlling the youth's behavior (for instance, many OC spray reports note that the spray had no effect).
Such youths receive very little treatment from mental health professionals and the treatment they do receive is often substandard. Mental health resources in the YDCs we toured were very limited. At the 500-bed Bill E. Ireland YDC, one full-time psychologist provides a minimal amount of individual counseling for a few youths in addition to his other duties. The facility contracts with the local state hospital for approximately four hours of psychiatric consultation each week. The present psychiatrist, who specializes in adult treatment, spends this time solely monitoring psychotropic medications, meeting with youths on medications for brief (five- to fifteen-minute) interviews once a month and seeing additional referrals when emergencies arise.
Mental health resources at the Irwin YDC are even more limited. A contract psychologist visits the facility once every two weeks or so, for half a day, but spends most of that time involved in the special education process. A psychiatrist is on contract, but only visits the facility a few times each year (the facility's contract physician monitors psychotropic medications).
Mental health care resources at the Macon YDC are greater, but still inadequate. At the time of our mental health tour, the facility was contracting for up to six hours per week of psychiatric consultation, and a few hours per week of psychologist time. However, we were informed that new contracts for the provision of mental health services would soon reduce the number of hours provided by the psychologists and psychiatrists.
should be resolved by appropriate implementation of guidelines recently issued by DJJ's medical director.

-22-
Even at present staffing levels, mental health contractors do net have time to consult with cottage staff about youth's behavior or reaction to medications, participate in treatment planning, or train line staff regarding treatment of mentally ill youths.
The result is serious deficiencies in the quality of psychiatric care. DJJ does not conduct adequate mental health evaluations or screenings. None of the facilities we visited undertake adequate, coordinated treatment planning. Very few youths in any of these facilities receive any significant psychotherapy, skilled mental health counseling or behavior management. With the notable exception of the care at the Macon YDC, there are serious deficiencies even within the limited scope of pharmacological responses to mental health care needs. For example, at the Bill E. Ireland YDC, there were no diagnoses or initial psychiatric evaluations prior to beginning medications; no interaction between psychiatrists and medical or direct care staff; insufficient monitoring of the efficacy and side effects of drugs,- inadequate follow-up and re-evaluation; and deficient record keeping. The facility's contract psychiatrist has prescribed dangerously high dosages of medications (sometimes beginning youths on dosages five or six times acceptable starting dosages) without adequate evaluation or monitoring for serious side effects, as well as continued youths on non-therapeutic dosages of medications without taking adequate steps to determine their efficacy.
b. Suicide Prevention
As in the RYDCs, suicidal youths are generally isolated, often in secure disciplinary units, and monitored more frequently. At the Bill E. Ireland YDC, suicidal youths are housed in the security unit which, as discussed below, is the • most psychologically abusive unit on the campus. Staff in these units do not always conduct required room checks. As mentioned earlier, a youth on suicide watch committed suicide in a security unit at the Augusta YDC last November when staff failed to conduct timely room checks.
Screening of youths for mental health problems generally, and suicide risk in particular, is deficient. And, as discussed above, there are few mental health resources to respond to underlying conditions that lead to suicidal behavior. As in the RYDCs, youths who attempt suicide or engage in self-mutilation are often shuttled back and forth between the facility and the local State Hospital which lacks the capacity to accept youths for longer-term treatment.
2. Excessive Force. Our investigation found that excessive force is employed against youths in all of the YDCs we inspected, often in a misguided, and illegal, attempt to control the

-23-
manifestations of mental illness. See Gary H. v. ffpgstrom. 831 F.2d at 1436.
Staff at the Bill E. Ireland YDC have hit youths, shackled them to their beds for kicking doors, and shackled them in their cells for using abusive language. Staff sometimes respond to banging on doors or general rowdiness by deploying OC spray. OC spray is also used, at times, as a substitute for adequate staffing, when staff is alone and when the availability of sufficient staff would have obviated the need to resort to OC spray. Insufficient documentation and quality control exists for the use of this chemical agent.
To a lesser, but still significant degree, our investigation found patterns of staff employing excessive physical force against girls at the Maccn YDC, generally by security personnel transporting girls to the Detention Unit.
Our investigation also found systemic use of excessive physical force against youths in the boot camps we toured. Under the guise of providing "on-the-spot correction," boot camp staff routinely inflict extreme forms of corporal punishment that have resulted in serious injuries in some cases to youths who are often very young and sometimes mentally ill. At the Bill E. Ireland boot camp, staff routinely punish youths for offenses, ranging from fighting to showing disrespect, by placing them on the ground and twisting the youth's arm behind his back, up to his neck, for up to half an hour or more. Although this practice was officially disavowed just after the announcement of our investigation, and although the facility and local DFCS investigators routinely conclude that allegations of continued use of such restraints are unfounded, the practice continues. In fact, in November, 1997, a staff supervisor broke a youth's arm after restraining him for collapsing during punitive exercises . A month earlier, this same supervisor broke a youth's eardrum when he hit the youth in the head for talking in line. At the Irwin boot camp, staff regularly take problem youths out of range of the facility's cameras and hit them with their fists or plastic slippers, put them in choke holds or slam them into walls.
The pattern of physical abuse of residents persists, in part, due to the inadequacies of the State's supervision of staff and investigations of allegations of abuse. Facilities conduct internal investigations of use of force on an ad-hoc basis, generally only in response to an allegation of abuse. These investigations are generally cursory and inadequate. The State Office of Law Enforcement is also available to conduct investigations upon request of the facility or central office officials, but while the quality of its investigations are better, it is involved in only a small portion of questionable use of force incidents. The absence of viable grievance systems

-24-
in almost all of the facilities also contributes to the failure to detect and respond to abuse.
And, as in the RYDCs, allegations of abuse are often not reported to DFCS. Restraints and other abuse that do not leave physical signs of injury are often either "screened out" or considered unfounded, and the quality of investigations in many counties is very poor.
3. Abusive Discipline. Our investigation found that staff often engage in a variety of abusive disciplinary practices that are informally and arbitrarily imposed with little supervision from DJJ administrators and no due process protections for the youth. These practices violate youths' due process right to be free from arbitrary and excessive punishment and are inconsistent with the States' obligation to provide minimally adequate treatment. gee, e.g.. Younaber-g v_ Romeo. 457 U.S. at 316-18; H.C v. Jarrard, 786 F.2d at 1085.
a. Regular Programs
Staff at the Bill E. Ireland facility administer an informal, unregulated and often abusive form of discipline they call "rock time" (sitting on the concrete floor without back support and forbidden to lean on one's arms for hours at a time). Two hours of "rock time" is a common sanction for talking at dinner or in the television area or for showing disrespect. Youths can accumulate twenty hours or mere of rock time, and often serve six or more hours at a time. Youths complained of back and hemorrhoidal pain, and of being denied permission to use the bathroom while serving rock time (or being forced to choose between using the bathroom and serving additional rock time) . In some units, youths sent to the Detention Unit for discipline are given ten hours of rock time by unit staff in addition to the punishment given at the due process hearing and must serve the rock time even if they are cleared of the charges at the due process hearing. In at least one unit, the Cottage Life Supervisor converted all rock time remaining at the end of the week into additional time to be served beyond the youth's minimum release date, one day for each remaining hour.
Boys in some of the Bill E. Ireland cottages are also punished by being forced to surrender their clothing and bedding and being required to sit in their cold rooms in their underwear. Staff at the Macon YDC consistently shackle and order youths to the Detention Unit cells for the offense of "continued refusal to obey," often in response to very minor infractions that could easily be resolved through less drastic and harmful means.
Staff at Bill E. Ireland YDC also punish youths through a "reclassification" process through which time is added to a

-25-
youth's minimum release date. While the decision is approved by a committee, the committee almost always accepts the recommendation of the Cottage Life Supervisor. The youth is not permitted to attend or present any evidence and often does not know the "reclassification" has occurred until after his release date has been pushed back. The lack of procedural protection in this system results in the arbitrary extension of sentences, as demonstrated most clearly by its use to "reclassify" youths who refused or were unable to complete arbitrary "rock time" sentences.
Most of these unconstitutional practices also violate DJJ policies, but persist due to lack of sufficient supervision of staff and quality assurance mechanisms.
b. Security Unit at Bill E. Ireland YDC
Building 14 on the Bill E. Ireland YDC campus has two units. One houses youths being detained pending a disciplinary hearing or on suicide watch. The other is a long-term security unit. Youths are placed in the long-term unit for a minimum of thirty days, after which they are re-evaluated for release to the regular campus periodically. The units look like those in a high security prison, with individual locked cells opening into enclosed day room areas (also locked) arrayed around a central hub control room. The cells are approximately ten by twelve feet and contain two metal bunks and a toilet, with a small window. The units also have isolation cells of bare concrete, with no fixtures except a grated hole in the floor for a toilet (which can only be flushed from outside the ceil).
Youths in the long-term unit attend school within the building for two to three hours each morning, and receive an hour of physical education (unless they are on disciplinary restriction). They spend most of the rest of the day (and eat_ their meals) locked in their cells, except for a few hours during which they are allowed to watch television in the day rooms. While they have some access to the unit counselor, few rehabilitative services are offered. Instead, line staff in this unit curse and belittle youths (many of whom are mentally ill) and impose arbitrary and cruel discipline. Angry youths_ frequently bang on their doors in frustration (often legitimate, as when their requests for toilet paper are ignored). Staff regularly respond by spraying such youths with OC Spray, shackling them to their beds, or stripping them to their underwear and placing them in the isolation cell. Our medical expert found that youths were being served meals in unsanitary conditions in the isolation cells, their trays sitting on the floor inches from the toilet hole.
This long-term unit is a dangerous, cruel and antitherapeutic place for youths. Similar units have been found

-26-
unconstitutional by several courts. See, e.g.. Morgan v. Sproat, 432 F. Supp. at 1138-40; Nelson v. Heyne. 355 F. SUDD. 451 (N.D. Ind. 1972), aff'd, 491 F.2d 352 (7th Cir. 1974); Boy's Training School v. Affleck. 34S F. Supp. 1354, 1364 (D.R.I. 1972); Lollis v. New York Sf.af.<» Pep, of Social Sffrvicss. F. Supo . 473 (S.D.N.Y. 1970) .
c. Boot Camps
While the use of paramilitary boot camps is not, in itself, unconstitutional, youths in the boot camps we inspected are often subject to unconstitutional excessive discipline that is largely unregulated by DJJ administrators. Youths in the boot camps are forced to engage in excessive exercise — sometimes in crowded, heated quarters — and corporally punished when they fail to complete the punitive exercises. For instance, a youth at the . Irwin YDC collapsed while doing push-ups and required stitches to his face after a staff member began lifting him up and dropping him on the floor. And although written policies prohibit excessive exercise at the Bill E. Ireland boot camp, a youth's arm was broken in a restraint after he failed to complete 100 push-ups as ordered. Youths at the Irwin YDC have been forced to exercise in heat exceeding 95 degrees, doing pushups on black asphalt that burns their hands while being deprived of water, and have been forced to run laps in the heat while carrying a tire. In both camps, youths are sometimes forced to finish meals in five minutes and must leave unfinished food on their trays when the time has elapsed. These punishments are largely unregulated by supervisory personnel and inflict arbitrary punishment on youths.
These disciplinary practices are also particularly harmful to the significant number of youths in the boot camps who are physically, emotionally or psychologically unable to participate in or benefit from the boot camp regimen. The State has no entrance criteria for paramilitary boot camps. As a result, the boot camps have been sent children as young as nine years old, youths with injured legs and feet, youths with serious medical conditions such as anemia and brittle diabetes, and mentally ill or mentally retarded youths who cannot, by virtue of their disabilities, be expected to conform to the rigid expectations of a paramilitary boot camp. Very young children have difficulty understanding and following the sorts of instructions they are expected to obey to avoid punishment. As a result, these youths not only obtain little rehabilitative benefit, but are also psychologically and physically harmed as they are subject to punishment for failing to conform to boot camp rules and staff orders.
For example, we encountered a very small fourteen-year-old at the Irwin YDC boot camp whose medical record indicated he was mentally retarded. During his confinement, he was constantly

-27-
disciplined and placed in isolation for failing Co follow orders and acting out. Line staff disciplinary reports and counselors' notes constantly note frustration with his inability to perform as expected and the inefficacy of their disciplinary measures, but do not indicate that staff was even aware of his mental retardation.
According to DJJ's own staff, the combination of overly aggressive, untrained staff and mentally ill or very young youths consistently results in confrontations that often escalate to physical abuse. These youths are also at greater risk of victimization by other residents, depression and suicide. It is our experts' opinion — and the opinion of many of the boot camp staff and mental health professionals with whom we spoke — that the paramilitary boot camp model is not only ineffective, but harmful to such youths.
4. Protection from Harm. We found that staffing levels in the regular and boot camp programs we toured were inadequate to provide sufficient supervision to protect youths from harm from other youths or to respond to emergency situations endangering all the youths. Staffing shortages have led to one line staff supervising up to thirty youths in the cottages at Bill E. Ireland, while staff at the Irwin YDC must sometimes supervise up to forty-eight youths by themselves at night. Cottages of twenty-five girls are often supervised by a single staff member at the Macon YDC.
As a result, a significant amount of sexual activity occurs at the Macon YDC, activity that may be particularly damaging to girls with a history of sexual abuse. Double-bunking youths in the Macon Detention Units without adequate supervision has led to fights resulting in serious injuries, while there have been near riots in some of the cottages at the Bill E. Ireland YDC. And youths have been sexually molested and choked unconscious by other residents at the Bill E. Ireland YDC. Fights occur daily in the Irwin YDC boot camp.
5. Inadequate Treatment and Education. The YDCs we toured are unable to provide constitutionally adequate education or rehabilitative services given the limited resources available and the significant increase in commitments in the past several years.
a. Rehabilitative Treatment
Although it is well-known that the delinquency of a substantial portion of committed youths is rooted in alcohol or substance abuse, or in a history of physical or sexual abuse, there is very little programming to address these issues. At the time of our tour of the Bill E. Ireland YDC, the small substance

-28-
abuse program that had been in place had been disbanded for lack of funding, leaving drug and alcohol treatment programming available for only thirty boys in the entire DJJ system. In addition, up to forty-one girls receive drug and alcohol treatment at the Macon YDC. The Emory University study concluded that more than 25 percent of the youth in the system suffered from drug or alcohol problems. As one DJJ administrator told us, the level of treatment provided "barely scratches the surface."
There is no treatment directed toward victims of sexual abuse at any of the facilities. And while there is a small program for sexual offenders at one YDC, its capacity is far below that necessary to provide treatment to all those for whom such treatment is indicated.
Counseling staff at both facilities are overburdened to the point where they can provide very little effective individualized treatment. At both the Macon and the Bill^E. Ireland YDCs, counselors are expected to supervise the line staff assigned to their units which significantly reduces the amount of time available for actual treatment. In addition, shortages of line staff mean that counselors must often spend a substantial portion of their time simply supervising youths*rather than providing any treatment. For instance, at the Macon YDC, counselors often do not satisfy the facility's modest requirement to meet individually with each youth twice each month for an hour. And each counselor who provides individual counseling at the Irwin YDC is assigned forty-eight youths, resulting in very infrequent individual counseling. When created at all, treatment plans for youths are quite standardized — treatment plans in the boot camps tend to be identical. There is little, if any, transition planning to help youths plan for their re-integration into the community.
b. Education
Most of the problems identified with the education programming in the RYDCs were also present in the YDC programs, with certain significant exceptions. Our experts found that the Macon Y D C s education program was, with certain important exceptions (noted below), one of the best they had ever encountered in a juvenile setting, indicating*that with sufficient resources and leadership the YDCs are capable of providing youths with not only minimally adequate, but high quality education during their confinement. •
i. General and Vocational Education
Our experts found that the education programs at the Bill E. Ireland YDC and Irwin boot camp fail to assign youths to classes based on academic level or needs, resulting in classes composed

-29-
of students with too broad a range of abilities and academic levels to permit adequate education. Attempts to even assess a youth's education level are hampered by the unavailability of prior educational records (due in part to the failure of the RYDCs to request or forward those records).
At all the facilities, vocational programs are limited (for instance, the Macon YDC provides only cosmetology) and not linked to job opportunities in the employment market.
ii. Special Education
Efforts in all the facilities to identify youths in need of special education services are deficient. Our experts found that u[e]ven the most conservative prevalence estimates suggest that the number of incarcerated youth who can be anticipated to meet the criteria for eligibility in these disability classifications is at least three to five times the number who are identified eligible in the Georgia juvenile facilities." About eight percent of the youths in the YDCs we toured are identified as eligible for special education services. This is lower than prevalence figures for public schools generally and significantly lower than the twenty-five to sixty percent prevalence rates estimated for juvenile facilities nationally. The lack of timely access to educational records contributes to underidentification, along with inadequate testing, referral and screening systems, particularly for the boot camp programs.
As in the RYDCs, the IEP development process, and the IEPs themselves, are deficient in many respects. Little effort is made to secure parent or surrogate parent participation in the IEP process. Except at the Macon YDC, required staff, such as school or clinical psychologists and a school administrator, generally do not attend the IEP meetings, nor are the students invited to participate.
Because of limited special education resources, IEP planning is generally limited to choosing among an inadequate continuum of services. In the Irwin YDC, the only option available is inclusion with general education students with some limited assistance from the facility's special education instructor. As in the RYDCs, IEPs are often modified to suit the needs of the facility, rather than the youth. Often, particularly in the boot camps, the IEPs developed at the facilities are unduly standardized and not sufficiently related to the individualized needs of the youth. There is little provision of related services. To the extent that very limited counseling services are available elsewhere in the program, they are not coordinated as part of the special education program. There is almost no transition planning, which is particularly important in the YDC setting in which many youths, confined for significant periods of time under DJJ supervision, will shortly be required to

-30-
transition back into public schools or post-school activities and who have shown themselves to be unlikely to succeed in such transitions without substantial planning and assistance.
There were insufficient numbers of special education teachers in all the facilities we examined except the Macon YDC. At the Irwin YDC, for instance, there is only one special education teacher (who was only provisionally certified at the time of our education tour) in a facility serving more than 300 youths. The Bill E. Ireland YDC had only three special education positions for about 500 youths, one of which was unfilled at the time of our experts' visit. Given even conservative prevalence rates, such staffing is inadequate to provide the individualized education required by federal law.
Disabled youths are often denied all (or almost all) education at times. Youths are often absent from class for reasons unknown to their teachers. Youths in disciplinary confinement receive reduced or no educational services. As in the RYDCs, such absences are often directly related to the youth's disability, indicating a need for further services to enable the youth to remain in class or the need for an alternative educational placement for the youth.
Finally, we found that staff were generally unaware of their obligations under Section 504 of the Rehabilitation Act toward youth's whose disabilities are covered under that provision, but not the IDEA.
6. Inadequate Medical Care. The medical programs at the YDCs are more developed than those in the RYDCs. However, this system has been placed under considerable stress to accommodate the recent influx of youths into the YDCs (particularly into the boot camp programs), resulting in some deficiencies in care.
a. Initial Health Appraisals
There are well-defined procedures for initial health_ appraisals in the YDCs. But the lack of sufficiently trained nursing staff and sufficient contract physician time contribute to a failure to identify and follow through on indications of serious health problems'(such as seizure disorders and anemia). Moreover, certain basic tests — such as pregnancy tests for girls HIV tests for youths indicating high risk of exposure or for pregnant girls, and complete blood tests - are not always administered.
b. Sick Call
Sick call at the YDCs we toured was deficient. The alreadyoverworked nursing staff functions as the gatekeeper to the very

-31-
limited physician time for seeing youths with medical complaints. Sick calls are conducted in an informal fashion, with little documentation that could be used to help assure quality care and access. Review of charts and interviews of youths on site showed that youths with serious medical complaints have been turned away by nursing staff and not seen by a doctor until their health had deteriorated further.
c. Dental Care
While a dental screening is performed on admitted youths, lack of resources has forced facility contract dentists to spend most of their time conducting initial examinations to detect and respond to only the most urgent dental care needs and has prevented them from providing needed restorative work to prevent further damage to decaying teeth. Even in conducting random interviews of youths, our investigation encountered numerous residents with large, visible tooth decay who were not receiving treatment.
d. Quality of Care
Our expert identified lapses in the quality of medical care in some areas. For instance, there are serious deficiencies in the care of chronically ill patients (such as diabetics and asthmatics) due to a failure to monitor systematically the youths' health, order and follow up on required testing, and make appropriate referrals to specialists. Staff fail to follow up on abnormal findings on health screenings and exams. As a result, appropriate treatment for identified health problems is often not obtained.
Facilities lack sufficient and appropriate medical staff. None of the facilities had a medical director. The facilities do not purchase enough physician time to permit the doctors to review incoming admissions adequately, supervise the care of chronic illnesses, and treat acute illnesses. For example, the Macon YDC contracts with its physician to provide only four hours of care per week for its 160 female residents, the Bill E. Ireland YDC's 500 boys receive only ten hours of physician care per week, and the 3 00 youths in the Irwin YDC receive two or three hours of physician care each week. The nursing staff at each facility is composed largely of LPNs who have relatively little medical education, are poorly paid, and whose positions are often difficult to fill. They are supervised by registered nurses who, because of the very limited physician time under contract and the lack of a medical director, take on the practical responsibility for supervising the medical program, as well as providing a more skilled level of nursing care in particular cases. The facilities do not employ mid-level practitioners (such as physicians assistants or nurse

-32-
practitioners) who could perform some of the more skilled functions (such as conducting physicals or performing triage of sick call requests) .
Training and supervision of the nursing staff in their performance of these broad responsibilities is very limited. Some recent steps have been taken to improve this situation — the State Medical Director has issued a clinical manual and instituted a rudimentary quality assurance program — but these beginning steps are insufficient to provide adequate assurance of appropriate medical treatment.
Finally, medical care in the YDCs we toured also suffered from a lack of adequate information systems to track medical records and medication information, both within the facility and as youths transfer among DJJ facilities. For instance, nurses in the YDCs reported that almost half of the time they did not receive medical records from the RYDCs. In another example, line staff in the Bill E. Ireland boot camp reported that they had no way of knowing which youths needed to"report to the clinic for medication. As a result, youths sometimes miss dosages of important medications.
7. Inadequate Grievance System. None of the YDCs or boot camp programs we inspected had viable grievance systems. Staff at the facilities were often unable to produce grievance forms when asked during our inspections, youths reported staff tearing grievances up, and as a result very few are ever officially received (we were given sixteen grievances covering a six-month period at the 500-bed Bill E. Ireland facility,- the Irwin YDC could not produce any and its Director admitted that they had no functional grievance system).
C. Systemic Issues
In addition to touring individual facilities, we and our experts also examined information relating to DJJ facilities throughout the State, including documents from other DJJ facilities, state-wide policies and procedures, and DJJ systemwide statistical and programmatic information. We also discussed systemic issues with relevant DJJ administrators. It is clear from these sources that many of the problems identified in the facilities we visited are common throughout the DJJ system, caused in part by a general lack of resources, certain DJJ policies and practices, and the stress put on the entire DJJ system by a burgeoning population of youths. For example, in the RYDC system, severe overcrowding and understaffing is pervasive,mental health resources are inadequate and haphazard throughout; and there are insufficient numbers of teachers and medical personnel in most of the RYDCs given the population levels. In the YDCs, lack of mental health resources and alternative

-33-
placement options for mentally ill youths result in inadequate mental health care throughout the system; there are insufficient programs to address rehabilitative needs relating to drug and alcohol abuse, sexual predation, or physical and sexual abuse,and the lack of entrance criteria results in mentally and physically ill youths being placed inappropriately in boot camps throughout the system. Moreover, lack of adequate quality assurance systems in the central office makes it probable that the problems found in the YDCs and boot camps we visited relating to medical care, disciplinary practices and staff abuse also occur in other facilities as well.
III. Lee-Arendale Correctional Institute
In our letter notifying you of this investigation, we stated our intention to investigate the conditions of confinement of the young offenders, ages thirteen to sixteen, sentenced, as adults and housed at the Lee-Arendale Correctional Institute. We conducted initial tours of the facility with our juvenile administration and education experts and found that the facility presently houses only a handful of youths. While our experts were critical of several aspects of the operations of this facility — which will be evident in their reports — the Department of Justice has chosen not to pursue the investigation of this facility any further at this time. Although changes in population levels or conditions may, in the future, warrant renewed investigation, at present we consider the investigation of this facility closed.
IV. MINIMUM REMEDIAL MEASURES
To rectify these illegal conditions and to ensure that Georgia's juvenile facilities comply with federal constitutional and statutory requirements, the following minimum remedial measures must be implemented:
1. Take steps to assure adequate environmental conditions in the Fulton County Detention Center.
2. Ameliorate punitive conditions in the RYDCs and the Fulton County Detention Center. Ensure adequate staffing to permit youths reasonable access to education, recreation, and visitation,- to eliminate prolonged periods of lock-down,- to ensure safe evacuation in the event of a fire,- and to permit sufficient access to toilet facilities in the Fulton County Detention Center.

-34-
3. Adequately protect youths from staff abuse and abusive disciplinary practices. Provide sufficient_staff_ training and supervision, including appropriate risk management practices, to detect and respond to incidents of staff abuse and ensure compliance with DJJ use of force and discipline policies.
4. Employ sufficient numbers of trained staff, implement a reasonable classification system, and enforce sufficient supervisory practices to assure that youths are adequately protected from violence by other youths in all facilities.
5. Provide adequate trained staff and resources to assure access to adequate medical care, including dental services. Engage in reasonable quality assurance activities to monitor and assure adequate medical care.
6. Provide adequate mental health services to meet the needs of confined youths, including appropriate treatment in response to suicide risks and selrmutilation. Assure adequate access to skilled mental health providers and hospitalization when necessary.
7. Cease placement of mentally ill youths in programs and units where they cannot receive adequate mental health care or where they face a likelihood of punishment or other harm in response to their mental illness.
8. Cease placement of youths into boot camps when, by reason of mental or physical disability or maturity level, the youth cannot reasonably be expected to obtain any significant benefit or placement will likely result in physical or psychological harm to the youths.
9. Provide adequate general and special education services in all facilities. Provide adequate vocational programs in long-term facilities.
10 Comply with the requirements for provision of special education, as required by the IDEA and Section 504 of the Rehabilitation Act, including related and transition services to special education students.

-35-
11. Employ sufficient numbers of qualified personnel and implement appropriate programs in the YDCs and boot camps to provide individualized treatment sufficient to afford each youth a reasonable opoortunity for rehabilitation.
12. Ensure that required probable cause hearings are held within two days, except in exigent circumstances.
13. Ensure that youths are given due process hearings prior to significant disciplinary confinement.
14. Provide_youths on disciplinary confinement wich appropriate access to school and adequate exercise. Provide all RYDC youths reasonable access to reading materials in their rooms.
15. Assure that youths are permitted a reasonable opportunity to file grievances wich DJJ officials.
16. Create and implement adequate quality assurance mechanisms and reviews to ensure the efficacy of the above corrective measures.
Under the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994, the Attorney General may initiate a lawsuit to correct the deficiencies identified herein 42 U.S.C. § 14141. Pursuant to CRIPA, the Attorney General may initiate a lawsuit to correct deficiencies at these institutions forty-nine days after the date of this letter notifying you of the deficiencies. 42 U.S.C. § 1997b(a)(i). Further, in light of the systemic nature of many of the problems identified, the" United States could undertake investigations of other DJJ facilities under CRIPA or initiate litigation to correct systemic patterns or practices that violate youths' federal rights under 42 U.S.C. § 14141.
We would prefer, however, to work with State officials to avoid contested litigation to remedy the violations found 'in the nine facilities we toured and the systemic issues underlying these problems and affecting facilities throughout the State. We know that DJJ officials already have developed plans that may begin to address some of these issues, if required appropriations are available. In a separate letter, we will identify federal resources that may also be available to assist the State in implementing remedial measures and improving conditions throughout the State's juvenile justice institutions. We look forward to conducting negotiations to resolve the systemic

-36-
deficiencies we have identified in a reasonable and expeditious manner.
•ely,
Bill I/ami Lee Acting Assistant Attorney General
Civil Rights Division
cc: The Honorable Thurbert Baker Attorney General State of Georgia
Mr. Eugene Walker Commissioner Department of Children and Youth Services
Mr. Allen L. Ault Commissioner Corrections Department
Mr. Robert J. Regus County Manager Fulton County
Mr. Doug Williams Warden Lee-Arendale Correctional Institution
Ms. Jane Wilson Director Bill E. Ireland YDC
Mr. Bill Bateman Director Irwin YDC
Ms. Mable Wheeler Director Macon YDC
Ms. Linda Cofer Director De Kalb RYDC
Mr. Kenneth Griffin Acting Director Gainesville RYDC

Ms. Susan Boggs Director Griffin RYDC

-37-

Mr. Jesse Andrews Director Gwinnett RYDC

Ms. Gail Wise Acting Director Rome RYDC

Mr. James Fraley Director Fulton County Juvenile Detention Center

The Honorable Richard W. Riley Secretary United States Department of Education

Ms. Shay Bilchick Administrator U.S. Office of Juvenile Justice and Delinquency Prevention
Ms. Linda C. Schrenko Georgia State Superintendent of Schools

 
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BUT I HAVE ALSO URGED PEOPLE^O RECOGNIZE THAT IN MANY CASES THESE CHILD^N ^RE COMING-SACK TO THE COMMUNITY - ONFWAY OR THE OWER, WE OWE I" TO THEM AND TO THE COMMUNITY/TO MAKE SURE THEY HAVE A CHANCE TO SUCCEED WHEN THEY RETURN.
IF THEY DON'T ACQUIRE THE PROPER SKILLS, IF THEY DON'T RECEIVE THE PROPER EDUCATION, IF THEY DON'T LEARN THE DIFFERENCE BETWEEN RIGHT AND WRONG, AND AREN'T TREATED WITH BASIC DIGNITY, THEN THEY RlSfeBECOMlNG-STATlSTlCS IN THE REVOLVING DOOIVC

Y." "4-
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INSTEAD, WE MUSJ"MAKE SURE TH, 'HE JUVENILE JUSTICE SYSTtM FINDS WAYSTO SET THEM AIGHT AND (N THE PROCESS, PROVIDES THEM WITH BASIC CONSTITUTIONAL STANDARDS OF CARE.

TODAY'S AGREEMENT WITH THE STATE OF GEORGIA SHOWS THAT THE DEPARTMENT OF JUSTICE AND THE STATE OF GEORGIA CAN BE PARTNERS IN THAT MISSION

LAST FEBRUARY WE BEGAN INVESTIGATING CONDITIONS AT JUVENILE DETENTION FACILITIES IN THE STATE. EVERY STEP OF THE WAY THE STATE COOPERATED. THEY LET US IN. THEY GOT US COPIES OF RECORDS. AND THEY LET US TALK TO ALL CONCERNED.

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WHEN OUR INVESTIGATION WAS COMPLETE, WE INFORMED THE STATE OF OUR FINDINGS. AND RATHER
V
THAN JUMPING TO DEFEND THE FLAWS IN THE SYSTEM, THE STATE IMMEDIATELY SET OUT TO CORRECT THEM.
WE FOUND SOME PROBLEMS. BUT BILL LANN LEE - WHO HEAEJS THE CIVIL RIGHTS DIVISION --KWEW
OUT- flD
WORK THEM.Qmx WHATfH^DID, TOGETHER WITH STATE OFHICIAL-S-, WAS REMARKABLE. SPOTTED A PROBLEM, DISCUSSED WAYS TO RESOLVE IT AND IN ONLY ONE MONTH, WORKED OUT AN AGREEMEK THAT WILL BENEFIT ALL THE PEOPLBOF GEORGIA. IT IS THE KIND OF COOPERATION AND PROBLEM SOLVING THAT SHOULD OCCUR IN EVERY CASE.
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NOW THOUSANDS OF YOUNGSTERS IN MORE THAN 30 FACILITIES ACROSS GEORGIA HAVE A BETTER CHANCE TC TURN THEIR LIVES AROUND.

FOR THE P A S S I V E YEARS AS ATTORNEY GENERAL I HAVE TALKED ABOUT CHILDREN JZfOMING INTO THE JUVENILE JUSTICE SYSTEM WHO HAVE NO SENSE OF REMORSE - NO SENSE T I ^ T THEY'VE DONE SOMETHING WRONG. SO I HAVE^TRESSED THE NEED FOR COMPREHENSIVE/PROGRAMS AIMED AT THE YOUNGEST OFFENDERS ./PROGRAMS THAT LET THEM KNOW THERE A CERTAIN PUNISHMENT FOR WHAT TREY DO PUNISHMENT THAT FITS THE CRIME.

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TODAY'S AGREEMENT WILL ENSURE THAT THE STATE PROVIDES BASIC, MINIMUM STANDARDS OF CARE, AS WELL AS ADEQUATE EDUCATIONAL, MEDICAL AND MENTAL HEALTH SERVICES.
I HAVE VISITED JUVENILE FACILITIES WHI YOUNG OFFENDERS WERe PREPARING TO GCVT0 COLLEGE - , POKING is/k FUTURE WHEREJHEY COULD MA*<E A DIFFERENCE. IT SHOULD BE^SIO DIFFERENTJN ANY ONE OF^HE FACILITIES IN>6E0RGtA.
WE MUST MAKE SURE THAT YOUNG PEOPLE ENTERING THESE CENTERS COME OUT WILLING TO GIVE BACK TO SOCIETY -- RATHER THAN EAGER TO GET BACK AT IT, TODAY'S AGREEMENT DOES JUST THAT. THANK YOU.

 
 U.S. v. Georgia
JI-GA-002-008
SUMMARY OF AGREEMENT
This agreement reserves basic policy choices about the operation of juvenile justice to the state and recognizes the state's significant interest in protecting the safety of its citizens. It applies to all secure juvenile justice facilities in the state. The agreement builds on improvements the state has made in its juvenile justice programs in recent years to ensure the protection of the federal rights of juveniles.
Education. A new Director of Education will develop a state-wide curriculum for all juvenile justice facilities and monitor the quality of education services throughout the system. New special education policies and procedures will be developed and additional special education teachers will be hired. The state will also expand classroom space.
Mental Health Care. A new Director of Mental Health will develop a series of plans regarding suicide prevention, mental health assessments, treatment standards, and standards for identifying mentally ill youth who need outside placements in psychiatric institutions. The level of mental health services provided by psychologists, psychiatrists, and counselors will be increased.
Medical Care. Nursing coverage will be expanded in all facilities and physicians assistants will be hired in order to provide a higher level of skilled care. More dental services will be provided.
Facilities. The state will continue its program to expand existing facilities and construct several new ones.
Staffing. An additional 128 Juvenile Correctional Officers will be hired to improve supervision of youths, especially at night. An additional 44 counselors as well as contract staff will be hired to provide necessary services.
Training. All staff will receive enhanced training.
Placements. The state will expand placement options for pre-trial youths to help relieve crowding in the RYDCs.
Discipline. The state will create uniform discipline policies specifying the types and duration of punishments allowed in all facilities. Additional resources will be committed for the investigation of allegations of abuse.
Quality Assurance. A new Deputy Commissioner of Quality Assurance will monitor the quality of services in the areas such as education, mental health, and medical care. The new Deputy Commissioner will implement a quality assurance plan which shall include regular audits, review of important documentation, data collection, review of significant incidents, and regular unannounced site inspections.
Monitoring. An independent monitor will oversee the implementation of the agreement and will participate in negotiation and mediation of plan development disputes. The state, as has been its practice, will continue to grant access to its facilities to the Department of Justice to monitor compliance with the agreement.

 
 U.S. v. Georgia

JI-GA 002-009

Zell Miller
GOVERNOR

STATE OF GEORGIA
OFFICE OF THE GOVERNOR ATLANTA 30334-0900
Rick Dent
DIRECTOR OF COMMUNICATIONS
REMARKS BY GOVERNOR ZELL MILLER Justice Department, 3/18/98

It is an honor to be here today with U.S Attorney General Janet Reno and Bill Lee, head of the Justice Department's Civil Rights Division, along with ourAttorney General Thurbert Baker and Juvenile Justice Commissioner Gene Walker.
I want to take this opportunity to welcome both Attorney General Reno and Bill Lee to Georgia, and I thank them both for finding the time to be with us today to announce this historic agreement onjuvenile justice.
I am an admirer of Attorney General Reno; she is one of my personal heroes. I believe she brings great honor and dignity to the Office of Attorney General, and I'm very pleased shecould be with us today.
I also want to commend Bill Lee for his role in today's agreement He has been very fair with us during these negotiations, and I appreciate very much the professional manner in which he handled this matter.
We have reached a great agreement It protects the state's interests and protects the rights of juveniles. I am committed to seeing it through.
When the Justice Department issued its report onemonth ago,I wassomewhat upset by the results.
But these negotiations have been fair and productive. I wanted the chance to make the state's case and not be pre-judged by anyone, and we've been given that chance.
And I want it clear that the justice officials, and Bill Leein particular, made abig difference.
We have worked together honestly and directly these last few weeks, and I have come to admire Mr. Lee's approach to issues.
Had I known all this before, I would have written him a different response than the one I did. I will now write him a second letter commending his leadership in the Civil Rights Division.
Before I outline the agreement, I want to say a few words about Commissioner Gene Walker and Attorney General Thurbert Baker.
Nobody cares more about those kids than Gene Walker. This is a big man with a big heart.

He is dedicated to those kids, and he has helped us make progress in one of the toughest jobs in Georgia.
There is no better man to implement these new programs than Gene Walker, and I wanted him to know that today.
We would not be here today without the skills of our Attorney General, Thurbert Baker. He has taken the lead on these negotiations, and today's settlement is a testament to his skill and ability as a negotiator. I want to thank you for a job well done.
Today's agreement announcement makes several important points.
First, this agreement recognizes this administration's cooperation with the Justice Department
Second, this agreement preserves the state's interest in protecting the safety of the public, the staff of DJJ and juveniles.
Third, it allows Georgia to determine its own philosophy in dealing with juvenile justice, a philosophy based on tough love and discipline.
Fourth, this agreement preserves our boot camp program.
Fifth, with this agreement there is no federal takeover of our system nor is there a court monitor. The state of Georgia runs our juvenile justice agency, and OPB will monitor compliance with this agreement.
In exchange, the state of Georgia will build upon our progress with significant new resources and programs for mental health, education and medical services.
Specifically, we will hire an additional 238 positions, primarily teachers, juvenile justice officers and counselors. For FY 99, that will mean an additional $10.8 million for services on top of our previous commitment
Second, we will expand our capacity to ease overcrowding. And this will also include alternative programs for juveniles who are now in RYDCs.
Third, we will create three new state positions in the DJJ and require that they be hired from outside the agency. They are: a Director of Education; a Director of Mental Health; and we will create an Office of Quality Assurance within the agency to oversee and implement this agreement
Finally, OPB will hire an independent contractor to monitor state compliance. Both parties will jointly select the monitor, who will be independent
All told, we project these improvements will cost $44 million over the next three years, with an additional $21 million in bonds. Any costs associated with population growth are not included in this agreement
I believe all sides win in this agreement, and that is why we are gathered here today.
Georgia will continue to run its own agency with its own philosophy, while agreeing to enhance medical, educational and mental health programs and buUd upon the progress we've already made to give juveniles who deserve it a second chance.
Now it is an honor to present to you our U.S. Attorney General, Janet Reno.

 
 HUMAN RIGHTS WATCH 3 ;o Fifth Avenue New York. NY 10116-3299 Telephone: 212-290-4700 facsimile: 212-736-1300 E-mail: hrw.nycdhrw.org Website: http://www.hrw.org

U.S. v. Georgia J -GA-002-012

HUMAN RIGHTS WATCH

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HUMAN RIGHTS WATCH STATEMENT ON U.S.-GE0RGIA AGREEMENT ON JUVENILE JUSTICE

March 18,1998 For immediate release

Contact: JoBecker, Advocacy Coordinator Children's Rights Division 212/216-1236

Human Rights Watch is an independent, non-governmental organization that conducts regular, systematic investigations ofhuman rights abuses insome seventy countries around theworld. We have hadaninterest in Georgia's juvenile justice system since 1996, when weconducted aninvestigation into detention conditions forchildren inGeorgia. Ourinvestigation found that childrenare subject tophysical abuse, grossly inadequate education andmental health care, and overcrowded conditions that fail to meet even basic standards of decency. These findings were recently confirmed by anextensive Department ofJustice investigation, which identified a "pattern of egregious conditions violating the federal rights" ofchildren indetention.
The gross abuses andinadequacies ofGeorgia's juvenile detention facilities not only violate children's rights under the US Constitution, but also violate international human rights standards. Under international law, governments have an obligation toprotect thehuman rights ofpersons taken into their custody, andtoguarantee minimal standards ofdecency.
We welcome thenews that additional resources arebeing allocated to the juvenile justice system, andtheGovernor's efforts torespond quickly to the Justice Department's report. Wealso applaud plans to improve health care, mental health services, andeducational opportunities fordetained youth. However, we do not believe that the measures announced today by the Governor's office and the Department ofJustice adequately address thesevere problems evident in Georgia's juvenile detention system.
We are particularly troubled that this agreement has been reached without;. any participation orinput from thechild advocacy community, civil andhuman rights community, and other non-governmental parties who are concerned about the welfare of children in Georgia.
At a minimum, Human Rights Watch believes that an adequate response must include the following:
1) Mechanisms to ensure rigorous enforcement of regulations against physical abuse of children by DJJ staff. Such mechanisms must include staff

BRUSSELS HONG KONG LONDON LOSANCELES MOSCOW NEW YORK RIODE JANEIRO WASHINGTON

 
 U.S. v. Georgia
JI-GA-002-013
Mtpwctmtnt of

FOR IMMEDIATE RELEASE WEDNESDAY, MARCH 18, 1998

CR (202) 616-2777 TDD (202) 514-1888

GEORGIA AGREES WITH JUSTICE DEPARTMENT TO UPGRADE CONDITIONS AT JUVENILE DETENTION CENTERS

WASHINGTON, D.C. -- In a cooperative effort to improve juvenile justice and reduce juvenile crime, Attorney General Janet Reno joined Georgia Governor Zell Miller today in signing an agreement upgrading conditions at more than 30 juvenile detention centers across the state.
The agreement ensures that the more than 25,000 youths who pass through the state's juvenile detention centers will receive the medical, mental health, and educational services they need to improve their prospects for a law-abiding and productive return to society.
"I am pleased the state of Georgia acted so quickly in addressing the conditions at these facilities," said Reno. "We must make sure that youngsters entering these facilities come out willing and able to give back to society, rather than eager to get back at it."
The agreement, signed at a ceremony at the Capitol in Atlanta, stems from an investigation that the Justice Department

(MORE)

- 2 -

began in February, 1997. The investigation was launched after

the Department received complaints alleging that youth were held

in crowded, unsafe conditions and were not receiving adequate

medical, mental health or educational services.

Today's settlement builds on steps already taken by Georgia,

and establishes a framework under which the state will develop

its own solutions to the problems identified in the investi-

gation, with input from the Justice Department. The state will

develop plans relating to specific areas of concern, often with

the assistance of outside experts.

The agreement, filed together with a complaint in U.S.

District Court in Atlanta, requires the state to:

•

improve education and special education by hiring more

teachers and a Director of Education who will develop a

curriculum for all juvenile facilities;

•

improve mental health care, including hiring more staff,

implementing a suicide prevention plan, identifying mentally

ill youths who need specialized outside placement, and

appointing a Director of Mental Health to oversee treatment

and care;

•

improve medical care, including increasing nursing staff and

dental care;

• hire additional Juvenile Corrections Officers to improve security and supervision, and to provide basic training for all staff;

• create an Office of Quality Assurance to audit quality of care throughout the system and to investigate allegations of staff abuse and use of force; and,

•

improve oversight of boot camp programs and provide altern-

atives to boot camps for youths whose physical or mental

disability or mental retardation make such boot camps

inappropriate.

1 MORE'

- 3-
The Justice Department's investigation was conducted under the provisions of the 1994 Violent Crime Control and Law Enforcement Act, which provide for federal enforcement of youths' constitutional rights in state juvenile justice systems.
"Today's agreement was achieved through the cooperation and swift action of state officials," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights. "The agreement ensures the federal rights of juveniles are protected, but reserves for the state basic policy choices regarding juvenile justice."
Justice Department officials toured the facilities in the summer and fall of 1997, and concluded in February that a pattern of federal violations existed throughout the system. It cited a lack of adequate mental health care, overcrowded conditions, abusive disciplinary practices, and inadequate education and medical care in certain areas.
# ## 98-124

 
 U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:98−cv−00836−JEC

CLOSED

USA v. State of Georgia, et al Assigned to: Judge Julie E. Carnes Demand: $0 Cause: 20:1401 Education: Handicapped Child Act
Plaintiff

Date Filed: 03/18/1998 Date Terminated: 05/05/2009 Jury Demand: None Nature of Suit: 150 Contract: Recovery of Overpayment/Enforcement of Judgment Jurisdiction: U.S. Government Plaintiff

USA

represented by Amie S. Murphy U.S. Department of Justice−Civil Civil Division 950 Pennsylvania Avenue, N.W. Room 7254 NWB Washington , DC 20530 202−616−2446 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beverly Baldwin Martin Office of United States Attorney Middle District of Georgia P.O. Box 1702 Macon , GA 31202 912−752−3511 TERMINATED: 08/20/2008 LEAD ATTORNEY

Bill Lann Lee U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Special Litigation Section Washington , DC 20530 202−514−3301 TERMINATED: 08/20/2008 LEAD ATTORNEY

David Wright Office of United States Attorney Northern District of Georgia 75 Spring Street, S.W. 600 United States Courthouse Atlanta , GA 30303 404−581−6000 TERMINATED: 08/20/2008 LEAD ATTORNEY

Harry Donival Dixon , Jr. Office of United States Attorney P.O. Box 8999 100 Bull Street Savannah , GA 31412−8999 912−652−4422 TERMINATED: 08/20/2008 LEAD ATTORNEY

Joshua C. Delaney US Department of Justice, Civil Rights

Division Room 5728 601 D. Street, N.W. Washington , DC 20004 202−616−2446 Email: joshua.delaney@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judy C. Preston U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Special Litigation Section Washington , DC 20530 202−514−3301 TERMINATED: 08/20/2008 LEAD ATTORNEY
Kevin K. Russell U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Special Litigation Section Washington , DC 20530 202−514−3301 TERMINATED: 08/20/2008 LEAD ATTORNEY
Laura M. Welp U.S. Department of Justice−Civil Civil Division 950 Pennsylvania Avenue, N.W. Room 7254 NWB Washington , DC 20530 202−616−2446 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mellie H. Nelson U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Special Litigation Section Washington , DC 20530 202−514−3301 TERMINATED: 08/20/2008 LEAD ATTORNEY
Richard H. Deane , Jr. Jones Day 1420 Peachtree Street, NE Suite 800 Atlanta , GA 30309−3053 404−521−3939 Fax: 404−581−8330 Email: rhdeane@jonesday.com TERMINATED: 08/20/2008 LEAD ATTORNEY
Shelley R. Jackson U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Special Litigation Section

Washington , DC 20530 202−514−3301 TERMINATED: 08/20/2008 LEAD ATTORNEY
Steven H. Rosenbaum U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, NW Special Litigation Section Washington , DC 20530 202−514−3301 TERMINATED: 08/20/2008 LEAD ATTORNEY
Daniel A. Caldwell , III Office of United States Attorney 75 Spring Street, S.W. 600 United States Courthouse Atlanta , GA 30303 404−581−6224 Email: dan.caldwell@usdoj.gov ATTORNEY TO BE NOTICED

V. Defendant State of Georgia
Defendant The Gerogia Board of Juvenile Justice
Defendant The Georgia Department of Juvenile Justice

represented by Thurbert E. Baker Office of State Attorney General 40 Capitol Square, S.W. Atlanta , GA 30334−1300 404−656−3385 Email: tbaker@law.ga.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Thurbert E. Baker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Thurbert E. Baker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/18/1998 03/18/1998 03/18/1998 03/23/1998

# Docket Text
1 COMPLAINT filed. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney. (aet) (Entered: 03/25/1998)
2 ANSWERS TO MANDATORY DISCLOSURES by plaintiff (aet) (Entered: 03/25/1998)
3 Joint MOTION for conditional dismissal with proposed order. (aet) (Entered: 03/25/1998)
4 WAIVER OF SERVICE Returned Executed as to dfts mailed 3/18/98. Answer due by 5/17/98. (aet) (Entered: 03/26/1998)

03/25/1998 03/31/1998 03/31/1998 07/22/2008 07/22/2008 07/22/2008 08/15/2008 08/19/2008 08/20/2008 08/25/2008
08/25/2008
05/05/2009 05/05/2009
05/05/2009

SUBMITTED to Judge Julie E. Carnes on [3−1] joint motion for conditional dismissal. (aet) (Entered: 03/25/1998)
5 ORDER by Judge Julie E. Carnes GRANTING [3−1] joint motion for conditional dismissal (cc) (ds) (Entered: 04/01/1998)
Case terminated. (fmm) (Entered: 04/02/1998)
6 NOTICE of Appearance by Daniel A. Caldwell, III on behalf of USA (Caldwell, Daniel) (Entered: 07/22/2008)
7 MOTION to Reopen Case by USA. (Attachments: # 1 Text of Proposed Order)(Caldwell, Daniel) (Entered: 07/22/2008)
8 Joint MOTION to Amend The Order Of Conditional Dismissal by USA. (Attachments: # 1 Modification Cover Page, # 2 Signed Georgia Modification, # 3 Text of Proposed Order)(Caldwell, Daniel) (Entered: 07/22/2008)
Submission of 8 Joint MOTION to Amend The Order Of Conditional Dismissal, 7 MOTION to Reopen Case, submitted to District Judge Julie E. Carnes. (fap) (Entered: 08/15/2008)
9 NOTICE by USA of Attorney Status (Caldwell, Daniel) (Entered: 08/19/2008)
10 NOTICE by USA of Attorney Status (Caldwell, Daniel) (Entered: 08/20/2008)
11 ORDER GRANTING 7 Motion to Reopen Case. This Court, having considered the Plaintiff's Motion to Reopen Administratively Closed Case, hereby GRANTS the Motion to Reopen and ORDERS that this matter be reopened for the purpose of enabling the parties to file a Joint Motion to Modify the Order of Conditional Dismissal which was granted by this Court on March 31, 1998. Signed by Judge Julie E. Carnes on 08/22/08. (fap) (Entered: 08/26/2008)
12 ORDER GRANTING 8 Joint Motion to Amend the Order of Conditional Dismissal. IT IS HEREBY ORDERED that this case shall be placed on this Court's inactive docket; this case shall be dismissed upon the State's substantial compliance with the terms of the Modification of the Memorandum of Agreement; and this Court will retain jurisdiction over the case until an order of final dismissal is entered. Signed by Judge Julie E. Carnes on 08/22/08. (fap) (Entered: 08/26/2008)
13 STIPULATION of Dismissal by USA. (Attachments: # 1 Text of Proposed Order)(Rhee, Mina) (Entered: 05/05/2009)
14 ORDER TO DISMISS. Plaintiff, the United States, and Defendants, the State of Georgia et al., stipulate that the State has achieved substantial compliance with each of the substantive provisions of the Memorandum of Agreement, as modified, in regard to the operation of the secure juvenile justice facilities operated by the Georgia Department of Juvenile Justice. The Parties therefore have moved the Court to dismiss this case with prejudice. Having reviewed the joint stipulation and for good cause shown: IT IS HEREBY ORDERED that this case is dismissed with prejudice. Signed by Judge Julie E. Carnes on 05/05/09. (fap) (Entered: 05/05/2009)
Civil Case Terminated. (fap) (Entered: 05/05/2009)