IN THE UNTTED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

T.Y., a minor, by her next friend, Lynette Petty, B.A., a minor, by his next friend, P.C., D.S., a minor by his next friends, A.M. and Lynette Petty, on behalf of themselves and all others similarly situated,
Plaintiffs,
v.
Board of County Commissioners of the County of Shawnee, DONALD J. COOPER, Chairman, VICTOR W. MILLER, ViceChairman, WINIFRED KINGMAN, member of the Shawnee County Commission in their official capacities;
EARL HINDMAN, Director of the Shawnee County Department of Corrections, in his official capacity;
GARY B AYENS, Administrator of Shawnee County Youth Center, in his official capacity,
Defendants and Third-Parry Plaintiffs,
v.
STATE OF KANSAS, Department of Social and Rehabilitation Services; and Donna L. Whiteman, the Secretary of Social and Rehabilitation Services, in her official capacity;
BOARD OF EDUCATION-UNIFIED SCHOOL DISTRICT 501, Shawnee County, Kansas,
Third-Party Defendants.

T.Y. v. Shawnee Co.

VH

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»

WH •

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JI-KS-001-001

Case No. 94-4079-DES

TOINT STIPULATION OF PARTIAL SETTLEMENT
The Amended Complaint and Class Action was filed on June 3, 1994. A Motion for Preliminary Injunction was filed by plaintiffs on June 23, 1994. The parties have agreed to resolve the issue of overcrowding raised in the Amended Complaint and Class Action for hearing at the Motion for Preliminary Injunction. Accordingly, the parties stipulate and agree as follows: 1. Defendants shall comply with the provisions of K.S.A. 65-504(a) with regard to
the maximum number of children who may be admitted to and confined in the current SCYC faculty. In particular, the following shall apply: (a) The maximum number of children who will be housed at SCYC shall not
exceed that number which is acceptable to the Kansas Department of Health and Environment. Admissions which would cause this maximum population limit to be exceeded shall be refused by County defendants and the Shawnee County Department of Corrections unless the release of one or more children from SCYC is scheduled within 24 hours which would bring the population back within that number deemed acceptable by the Kansas Department of Health and Environment. In no case shall the number of children at SCYC exceed 25. Defendants shall be temporarily released from the requirement to comply with the provisions of K.S.A. 65-504(a) in the event of an emergency. An emergency is triggered by an exceptional circumstance involving a single mass arrest involving five or more juvenile offenders who otherwise could not be placed at SCYC due to population limits. The five or more juvenile offenders will not be admitted to SCYC until the duty juvenile judge issues an order setting out findings of fact necessary to admit the children to SCYC on an emergency basis. The

five or more juvenile offenders may be placed at SCYC until their detention hearing. During the course of the emergency exception, no other children may be admitted to SCYC. In the event an emergency occurs, a copy of the judge's order will be forwarded to the attention of the plaintiffs' counsel. (b) The third-party defendant Department of Social and Rehabilitation Services of the State of Kansas (SRS) agrees that it will remove from SCYC facility any juvenile offender directly committed by the Court to a state youth center pursuant to K.S.A. 38-1671 within 72 hours of said disposition and upon receipt of the "necessary documents" required under K.S.A. 38-1671. Said removal requirement excludes Saturdays, Sundays and legal holidays. It is understood that the necessary documents required under this paragraph are the certified copies of the complaint, the journal entry of the adjudicatory hearing and the dispositional order. It is further understood that the receipt of the necessary documents by SRS means delivery of the documents to the reception desk located at the SRS Topeka Area Office, 1035 South Kansas Avenue, Topeka, Kansas, or by delivery to the SRS representative in attendance at the court hearing. An acknowledgment of receipt of these documents by SRS shall be in writing and filed with the Clerk of the District Court by the District Attorney's office. In the alternative, receipt of the certified documents by SRS may be obtained through the use of a facsimile transmission and a telephone call made to the attention of the Legal Division of the Topeka Area SRS Office. (c) The third-party defendant Department of Social and Rehabilitation Services of Kansas agrees that it will remove from the SCYC facility any juvenile offender placed in its custody for appropriate placement

within 48 hours after receiving written court order by the Court, unless (1) the juvenile is committed to the custody of SRS after 12:00 noon on a Friday; or (2) the juvenile has not previously been in the custody of SRS. If either of these two exceptions occur, SRS will have an additional 24 hours to remove the juvenile from SCYC, for a total of 72 hours. Said requirement excludes Saturdays, Sundays and legal holidays. It is understood that the receipt of the written Court Order by the court to SRS means delivery of the documents to the reception desk located at the SRS Topeka Area Office, 1035 Kansas Avenue, Topeka, Kansas, or by delivery to the SRS representative in attendance at the court hearing. An acknowledgment of receipt of these documents by SRS shall be in writing and filed with the Clerk of the District Court by the District Attorney's office. In the alternative, receipt of the documents by SRS may be obtained through the use of a filed-stamped copy of the order by facsimile transmission and a telephone call made to the attention of the Legal Division of the Topeka Area SRS Office. The time limits provided in this paragraph may be extended up to seven days for sexual offenders to the extent that SRS has built up credits as provided herein. SRS may accumulate credits by removal of other juveniles in SRS custody prior to the time limitations required herein. Said credits shall be acquired in twelve hour increments. Sexual offender shall be defined as a juvenile who has been adjudicated or is currently charged with a violation as defined in Article 35, Chapter 21 of K.S.A. The parties agree there will be a review of the 48 hour provision contained in Paragraph l(c) at the end of three months from the time this agreement is entered. Any dispute with respect to the 48 hour placement will be submitted to the Judge of the United States District Court for resolution at that time.

(d) When the defendants notify SRS that the population of SCYC has reached 22 and (1) SRS has not removed juveniles from its custody as required by paragraphs l(b) or l(c) above, and (2) the SCYC has been required to transfer one or more juvemles to some other secure detendon facility to maintain the population at 22, SRS agrees to increase the per diem compensation paid to SCYC from the present rate to $140.00 per day or any contract rate SCYC is able to negotiate or any contract rate SRS is able to negotiate, whichever is less for each juvenile required to be transferred. The increased rate shall apply to each juvenile required to be transferred due to SRS' inability to remove juveniles as required by paragraphs l(b) or l(c) above. SCYC will not admit juveniles who are not subject to the jurisdiction of the Shawnee County District Court. The defendants agree to keep SRS informed of the population at SCYC on a daily basis in writing and addressed to either the Topeka Area Office Chief of Social Services or Legal Division. The parties agree there will be a review of the rate at the end of three months from the time this agreement is entered. Any dispute with respect to the rate will be submitted to the Judge of the United States District Court for resolution at that time.
(e) During evenings, weekends or holidays SRS shall establish a system of communications by which one or more SRS workers are designated to receive the necessary documents.
(f) Juveniles classified solely as children-in-need-of-care will not be confined in the SCYC facility for more than 24 hours. If a child in need of care is subsequently charged as a juvenile offender, the child will not be treated as a chiid-in-need-of-care for purposes of determining whether secure detention is necessarv.

2. There is hereby established the Shawnee County Juvenile Facility Population Control Task Force. The members of the task force shall be the Third Judicial District (Shawnee County) Administrative Judge or his designee, who shall Chair the Task Force, the Director of the Shawnee County Department of Corrections, the Secretary of the Kansas Department of Social and Rehabilitation Services, or their designees, an educator, a mental health professional, an at-large member of the community, a juvenile judge and a juvenile advocate. The Task Force may, at its discretion, invite professionals or representatives of some other agencies to provide information or to otherwise participate in task force duties. Such professionals or agencies may include, but are not limited to, the following: the District Attorney for the Third Judicial District Shawnee County, Court Services, Clerk of the District Court, defense counsel, Shawnee County Sheriffs Department, Topeka Police Department, Plaintiffs' attorneys, members of the Community Corrections Advisory Board or representatives of certain social service agencies such as the Kansas Children's Service League.
3. The Task Force shall perform the duties prescribed below and such other duties relating to resident population control at SCYC as may in the future be requested by this Court and accepted by the Task Force.
4. The Task Force shall meet on an as necessary basis at a time and place established by the Chair. The Task Force may establish its own rules and procedures, including any necessary subcommittees, consistent with the directives herein provided, including the removal or release of SCYC residents as may be necessary from time to time.
5. A subcommittee of the Task Force shall monitor resident population at SCYC to ensure that detention at SCYC is restricted and available only to those children for whom secure detention is clearly indicated. Whenever the number of

children detained at SCYC reaches twenty-two, the Director of the Shawnee County Department of Corrections, or his designee, shall notify the Chair of the Task Force of that fact. The members of the subcommittee shall be a Third Judicial District judge who is not active in tiae juvenile court, who shall chair the committee, a representative from the Shawnee County Department of Corrections, and a representative from the Kansas Department of Social and Rehabilitation Services. The Subcommittee shall: (a) Review and screen the resident population to determine which, if any,
residents may be released. (b) Prepare a list of residents whom the committee reasonably believes
(i) may be released as the juvenile is not dangerous to self or others and is likely to appear for further proceedings pursuant to K.S.A. 38-1632 and 38-1640;
(ii) could be placed in the custody of a parent or other suitable person or youth residential facility pursuant to K.S.A. 38-1632, or other appropriate placement; or
(in) could be placed in the custody of the Secretary of the Department of Social and Rehabilitation Services pursuant to K.S.A. 38-1632.
6. From the above mentioned list, the Sub-committe shall make recommendations to the commiting Judge designating those juveniles who may be considered for release. The commiting Judge shall thereafter enter an order releasing or detaining the juvenile based on the criteria set forth in sections (i) or (ii) above. SCYC agrees to release said juvenile pursuant to the order of the Court.
7. Prior to the Dispositional Order, no juvenile offender shall be ordered detained and placed in SRS custody other than to provide medical or psychological services. The Court shall make findings of fact upon which the decision is made. Should the commiting Judge order that the juvenile should be placed in

SRS custody based on the criteria set forth in Section (iii), the responsibility of securing an alternative placement lies with SRS as provided in paragraphs l(b) and l(c). 8. The Task Force shall develop clear criteria for secure detention at SCYC, consistent with the provisions of K.S.A. 38-1624 and 38-1640, and develop an objective Risk Assessment and Screening Instrument for use in determining need for secure detention at SCYC. The screening instrument developed for this purpose is approved by all parties and attached as Attachment #1. The Task Force has the continuing responsibility for reviewing and modifying, as necessary, the Risk Assessment and Screening Instrument to ensure its adequacy to maintian SCYC resident population requirements established by Paragraph l(a) above. The defendants will not admit a child to SCYC without a court order directing the child be detained there unless the child has been screened to determine that the child is in need of secure detention by use of the above referenced objective Risk Assessment and Screening Instrument. The screening function will be performed by trained juvenile intake service personnel presently located at the Kansas Children's Service League Emergency Shelter. In the event the Kansas Children's Service League should no longer perform the screening function for juveniles admitted to SCYC, the Administrative Judge of the Third Judicial District shall designate the entity to perform this function. The Task Force will also present the admission criteria and risk assessment and screening device to the Shawnee County District Court for its consideration as criteria for its use in determining the need for secure detention of children alleged to be juvenile offenders or children in need of care. 9. The Task Force shall review the existence of other, less restrictive, placement alternatives to secure detention in Shawnee County and determine the need, if

any, for the creation of additional alternatives to secure detention. Such alternatives may include, but aire not limited to, home detention, electronic monitoring, intensive supervised probation, day reporting, group homes and foster homes. The conclusions and recommendations of the Task Force shall be presented to the defendant Shawnee County Board of County Commissioners and third-party defendant Secretary of Social and Rehabilitation Services for their consideration. 10. The Task Force shall consider ways to expedite the movement of children through the juvenile court system and thereby reduce the length of time spent by children in temporary secure detention. The conclusions and recommendations of the Task Force shall be presented to all affected parties for their consideration. 11. All parties to this stipulation will use their best efforts to assist the Task Force in any way possible in performing its functions and shall provide the Task Force with any requested data or information which is reasonably at their disposal. Should there be changes in either Federal or State law or other unanticipated events that affect the implementation of this Agreement, the parties may meet to seek modifications or review by the Federal Court. 12. Paragraph 1 of this stipulation shall remain in effect until further order of this Court. Paragraphs 2-10 of this stipulation, relating to the creation and duties of the Shawnee County Juvenile Facility Population Control Task Force, shall remain in effect until the promulgation and implementation by the judges of the Third Judicial District of the State of Kansas of a local court rule providing for the continuing performance of all of the essential functions of the Task Force as provided for in this stipulation, including the population control subcommittee.
8

13. All parties will be in compliance with this agreement within thirty days

following the entry of the Court's Order. This stipulation will remain in full

force and effect for eighteen months following the entry of the Court's Order,

subject to extension by the Court for good cause shown.

THIS AGREEMENT is executed this

day of November, 1994.

11-17-94

Larry R. Rute#8150 KANSAS LEGAL SERVICES, INC. 712 S. Kansas Avenue, Second Floor Topeka, Kansas 66603 (913) 233-2068 Attorneys for Plaintiffs
Ann L. Hoover, #9566 BENNETT & DILLON 1605 S.W. 37th Street Topeka, Kansas 66611 (913) 267-5063 Attorneys for Defendants and
Third-Party Plaintiffs
Michael George #10400 Chief of Litigation Department of Social and
Rehabilitation Services Docking State Office Building, Rm 530 915 S.W. Harrison Street Topeka, Kansas 66603 (913) 296-3967 Attorneys for Third Party Defendants

ATTACHMENT #1
DETENTION RISK ASSESSMENT

I. ADMISSION (Release if No - Complete II if any are Yes)

Yes No Alleged violation of probation, placement, or felony warrant.

Yes No

Alleged violation of A, B or C Felony involving violence to persons.

Yes No

Alleged violation of burglary, weapon involved, or sale of drug AND in addition:

Y N Prior failure to appear; or
Y N Presently awaiting adjudication or disposition; or Y N Prior arrests for crimes of violence

II. RISK ASSESSMENT

A.

Most Serious Current Offense

1. Any Class A Felony

15

2. Any Class B Felony

12

3. Any Felony Warrant Outside Jurisdiction

12

4. Any Felony Involving Firearm, Burglary, Sale of Drug

10

5. Any Class C Felony Involving Violence, Vehicular Homicide

8

6. Any DUI, Reckless or Eluding

~

4

B.

Unrelated Pending Cases

1. Each Felony

2

2. Each Misdemeanor

1

3. Each Felony Within Past Week

6

C.

Priors

1. 3 Felony Arrests or Adjudications in Last 12 Months

4

2. 2 Felony Arrests or Adjudications in Last 12 Months

2

3. 1 Felony Arrests or Adjudications in Last 12 Months

1

D.

Legal Status

1. Presently Committed to Any State Youth Center

8

2. Presently Placed Out of Home and Last Adjudication

Within 90 Days

6

3. Presently Placed Out of Home and Last Adjudication

Over 90 Days

2

E. Aggravating or Mitigating Factors

1. Juvenile Judge Contacted & Finds Aggravation (May Add 1-2 Points W/Reason(s) Documented)
2. Juvenile Judge Contacted & Finds Mitigated (May Subtract 1-2 Points W/Reason(s) Documented)

TOTAL SCORE (Add A thru E)

__

0 - 6 = Release

7 - 1 1 = Shelter Screen

12+ = Secure Detention

 
 T.Y. v. Shawnee Co.
II IIII III IIIII 111II

FILED U.S. DISTRICT COURT

RALPH L DELOACH.

IN THE UNITED STATES DISTRICT COURT

c L ER <

FOR THE DISTRICT OF KANSAS

BY —

DEPUTY

ATTOPEKA.KS.

T.Y., a minor, by her next friend,

)

Lynette Petty, B.A., a minor, by

)

his next friend, P.C., D.S.,

)

a minor by his next friends,

)

A.M. and Lynette Petty,

)

on behalf of themselves and all

)

others similarly situated,

)

)

Plaintiffs,

)

)

v.

) Case No. 94-4079-DES

)

Board of County Commissioners

)

of the County of Shawnee;

)

DONALD J. COOPER, Chairman,

)

VICTOR W. MILLER, Vice-

)

Chairman, WINIFRED KINGMAN,

)

member of the Shawnee

)

County Commission

)

in their official capacities;

)

)

EARL HINDMAN, Director of

)

the Shawnee County Department

)

of Corrections, in his

)

official capacity;

)

)

GARY BAYENS, Administrator of

)

Shawnee County Youth Center, .

)

in his official capacity

)

)

Defendants.

)

AMENDED COMPLAINT-CLASS ACTION
I. PRELIMINARY STATEMENT 1. This is a civil rights class action challenging policies, practices a n d conditions of confinement at the Shawnee County Youth Center (SCYC) in Topeka, Kansas. Plaintiffs and the class they seek to represent are children who are or will be confined in SCYC and subjected by the defendants to conditions and treatment

which violate the provisions of the Constitution and laws of the United States and the

laws and regulations of the State of Kansas. The plaintiffs seek declaratory and

injunctive relief to protect themselves from physical, psychological and emotional

harm and to prohibit the defendants from continuing to violate their constitutional

and statutory rights.

n. TTFRISDICTION

2. This Court has original jurisdiction over the plaintiffs' constitutional

and federal law claims under 28 U.S.C. § 1331, and supplemental jurisdiction over the

plaintiffs' state law claims under 28 U.S.C. § 1367. Plaintiffs' claims for relief are

authorized by 28 U.S.C. § 2201 and § 2202 and Rules 57 and 65 of the Federal Rules of

Civil Procedure, and by 42 U.S.C. § 1983, and arise under the First, Sixth, Eighth, and

Fourteenth Amendments to the Constitution of the United States, the Juvenile Justice

and Delinquency Prevention Act, 42 U.S.C. § 5601 et seq.. the Individuals with

Disabilities Education Act, 20 U.S.C. § 1400 et seq.. and the laws and regulations of the

State of Kansas.

QL PARTIES

3. Plaintiff T.Y. is a 16 year old girl who was admitted to SCYC on March 16,

1994 and she remains confined there.

4. Plaintiff T.Y. brings this action by and through Lynette Petty, as her

next friend pursuant to Rule 17(c) of the Federal Rules of Civil Procedure. Lynette

Petty is an adult resident of the State of Kansas, does not have an interest in this

litigation and is capable of protecting the plaintiffs interests in this matter.

5. Plaintiff B.A. is a 15 year old boy who was admitted to SCYC on February

14, 1994 and he remains confined there.

6. Plaintiff B.A. brings this action by and through P.C., his natural mother,

as his next friend pursuant to Rule 17(c) of the Federal Rules of Civil Procedure. P.C.

is an adult resident of the State of Kansas, does not have an interest in this litigation and is capable of protecting the plaintiffs interests in this matter.
7. Plaintiff D.S. is a 15 year old boy who was admitted to SCYC on September 23, 1993 and he remains confined there.
8. Plaintiff D.S. brings this action by and through A.M., his natural mother, and Lynette Petty, as his next friends pursuant to Rule 17(c) of the Federal Rules of Civil Procedure. A.M. and Lynette Petty are adult residents of the State of Kansas, do not have an interest in this litigation and are capable of protecting the plaintiffs interests in this matter.
9. Defendant Board of County Commissioners of the County of Shawnee is the governing body of Shawnee County, Kansas, and exercises all of its powers, politic and corporate.
10. Defendants Donald J. Cooper, Victor W. Miller and Winifred Kingman are chairman, vice-chairman and member respectively of the Board of County Commissioners of Shawnee County, Kansas. They are being sued in their official capacity.
11. Defendant Earl Hindman is the Director of the Shawnee County Department of Corrections, which is the agency of Shawnee County directly responsible for the operation of the Shawnee County Youth Center. He is responsible for the selection and supervision of the Deputy Director who is responsible for the supervision of the Shawnee County Youth Center. He is sued in his official capacity.
12. Defendant Gary Bayens is the Deputy Director of the Shawnee County Department of Corrections, who is charged with the supervision and administration of the Shawnee County Youth Center. He is sued in his official capacity.
TV. CLASS AC/HQN AT T^G13. Plaintiffs bring this action on behalf of themselves and a class of all others similarly situated, pursuant to Rule 23(a) and (b)(2) of the Federal Rules of

Civil Procedure. The class consists of aill children who are or who may in the future be confined at the Shawnee County Youth Center.
14. The members of class are so numerous that joinder of all members is impracticable. Upon information and belief, the number of children detained in the Shawnee County Youth Center is in excess of 400 per year. There are questions of law and fact common to the class, and the claims of the representative parties are typical of the claims of the class. The representative parties will fairly and adequately protect the interests of the class.
15. The defendants have acted and refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive and corresponding declaratory relief with respect to the class as a whole.
V. FACTUAL ALLEGATIONS
THE FACILITY 16. The County of Shawnee County, Kansas owns and operates the Shawnee County Youth Center (SCYC), located at 2620 S.E. 23rd Street, Topeka, Kansas. 17. The SCYC facility is operated as a temporary detention center for youth who have been arrested and are awaiting adjudication as a juvenile offender (JO); or for youth who have been adjudicated as a juvenile offender and are awaiting placement pursuant to the Kansas Juvenile Offender Code, K.S.A. 38-1601 et seq. The SCYC facility also serves as a temporary detention facility for youth placed pursuant to the Kansas Code for Care of Children as a "child in need of care" (CINC), K.S.A. 381501 et seq. 18. The SCYC facility is antiquated, having been designed in the early 1970's, and does not meet the existing standards of decency required of modern juvenile detention centers.

19. The SCYC facility contains both a boys' wing and a girls' wing (See draft of facility layout, Attachment #1). The boys' wing contains seventeen cells and the girls' wing contains five cells. Three additional cells are found adjacent to the hallway which serves as one of the entrances to the girls' wing.
20. The SCYC facility cells are designed for one child and contains a single bunk and no other furnishings. They aire approximately 9' x 8'2" in dimension. The cells are dark and depressing. They do not contain either wash basin or toilet facilities. Children wishing to go to the restroom after the cells are locked at night are required to undertake the demeaning process of "banging", beating or kicking on the metal door of the cell with their fist(s), to notify security staff that they wish to relieve themselves.
21. The common areas of the SCYC facility are dirty and unsanitary and lack adequate heating, cooling and ventilation systems, with the result that there are extreme temperature fluctuations within the facility. The facility is extremely noisy. The facility also lacks adequate plumbing and drainage facilities, resulting in extreme water leaks and drainage problems.
22. The cells provided for children within the facility are dirty and unsanitary, lack adequate heating, cooling and ventilation systems, and are infested with spiders. The walls of some of the individual cells have peeling paint, and may be stained with various types of human discharge, spitballs and other unidentifiable material.
OVERPOPULATION 23. The SCYC facility has been issued a Detention Center License by the Kansas Department of Health & Environment. The Detention Center License places a population limit of 22 residents on the SCYC facility. 24. The Kansas Department of Health & Environment is charged with the responsibility of requiring that youth centers licensed by the Department are in

compliance with laws and regulations of the State of Kansas governing care of
children outside their homes and away from their parents, K.S.A. 65-501 et seq.:
K.A.R. 28-4-350 £l_S£a,
25. The SCYC facility has a history of exceeding the population limits
established by its license. The SCYC facility has experienced increased population
rates since 1987. This increase in population has resulted in an increase in the
average daily population at the facility. The average length of stay has also steadily
increased for all age groups.
26. On at least three occasions in the past eighteen months, SCYC has been
formally notified by the Kansas Department of Health & Environment that it is out of
compliance with its population limits:
* On November 6, 1992, the SCYC facility was issued a Notice of Noncompliance for consistently operating in excess of license capacity;
* On December 20, 1993, the SCYC facility was issued a Notice of Noncompliance for consistently operating in excess of license capacity;
* As recently as March 10, 1994, the SCYC facility was issued a Notice of Intent to Assess a Civil Fine in the amount of $500 for consistently operating in excess of license capacity.
Defendants have failed to remedy these long-standing noncompliance problems.
27. On March 9, 1994, the SCYC facility was issued a letter from the City of
Topeka Fire Marshall stating that "The Topeka Fire Department has determined that
the current level of occupancy at the Shawnee County Youth Center is a life safety
hazard."
28. Over the last four months, the facility has been overcrowded every day
but one, January 15, 1994.
* In January, the facility averaged 25.77 residents per day which was 117.16% of authorized capacity.
* In February, the facility averaged 30.57 residents per day which is 138.96% of authorized capacity.
* In March, the facility averaged 29.45 residents per day, which was 133.87% of authorized capacity.
* In April, the facility averaged 27.97 residents a day, which was 127.12% of authorized capacity.

During this time period it has not been unusual for facility population to be 30 or more, with the highest daily population totaling 36 children.
29. The SCYC facility cells are designed for one person and contain a single bunk. During periods of overcrowding, residents exceeding the number of cells found in either the boys' wing or the girls' wing are placed on a cot or a mattress on the floor in the day room located directly across from the cells. The day room is a nonsecure environment and poses a threat to the health and safety of the children. Housing children outside of cells encourages misbehavior, because assaults occur more frequently when children are housed in day areas instead of cells. Further, children are motivated to misbehave, because children who break rules are assigned to cells more quickly in an effort to control their behavior.
30. When facility overcrowding occurs, security staff are unable to provide an adequate system separating nonviolent children from those who are more prone to violence. As a result, weaker children are constantly fearful of stronger children. At least one child became so upset that he urinated on himself during a group meeting.
31. When facility overcrowding occurs, the overpopulation exacerbates unsanitary conditions within the facility, which is detrimental to the physical and psychological well being of the children.
32. When overcrowding occurs, staff are unable to ensure that children can go to the bathroom or shower in private. On numerous occasions male children have been able to observe female children partially clothed or naked while in the shower or preparing to take a shower.
33. When facility overcrowding occurs, the ability of the facility staff to provide adequate security and programs for the children is diminished and stretched to unacceptable limits.

34. Overpopulation of the facility has required correctional officers to work extended periods of overtime, creating stress between individual correction officers, correction officers and management, correction officers and children, and between members of correction officers staff at shift change, posing a threat to the health and safety of both children and staff, and adding to the children's tension and anxiety and anger. During periods of overpopulation it is not uncommon for security staff to be verbally and physically abusive toward children, creating a pervasive risk of harm.
35. Overpopulation of the facility has further reduced opportunities for adequate training programs for security staff. Insufficient training has reduced the staffs ability to deal with emergency situations, resident health concerns, resident grievances, the ability to provide adequate resident exercise and programs, and has increased the utilization of unnecessary force to resolve conflict between residents and staff/resident conflict.
36. Overpopulation of the facility has further reduced the ability of the facility to accommodate adequate visitation between children and their families. Visits were previously an hour and a half. They are now limited to forty-five minutes.
37. Overpopulation of the facility impedes the effective operation of the facility's flawed behavior management plan, causing management to consider discontinuing or substantially modifying this program.
38. Overpopulation of the facility has caused a significant deterioration in the already deficient facility medical services plan.
39. Overpopulation of the facility has substantially reduced and/or eliminated the facility's already deficient ability to provide counseling, therapy and treatment programs for the children.
8

40. Overpopulation of the facility exacerbates the inability of the facility to provide adequate screening to children entering the facility.
41. Overpopulation of the facility exacerbates the inability of the facility to provide adequate education programs for the children.
42. Overpopulation of the facility has required correctional officer staff to rely on isolation techniques as a means both to control behavior and punish children who violate both major and minor facility rules.
43. Overpopulation of the facility is exacerbated by the absence of detention admission screening. Children brought to the facility by law enforcement officers are routinely admitted whether or not die child is charged with a serious offense. No written criteria are utilized in screening children for admission to SCYC.
USE OF FORCE 44. On at least two occasions in recent weeks SCYC security staff have gangtackled individual children, wrestled them to the ground and restrained them by utilizing handcuffs and ankle shackles. Such treatment is painful and harmful to the physical and psychological well-being of the child. 45. On at least two occasions in recent weeks, handcuffs and ankle shackles were inappropriately applied causing great pain to the child and resulting in bruises, marks and abrasions that were visible on the wrists and ankles of the child hours and even days after the physical altercation. 46. Following the use of force, children are not examined by a medical professional to determine whether they have sustained injuries and need medical treatment. Children who are injured only receive treatment if they request it and if the nurse is available. 47. On at least two occasions in recent weeks, after a child was "hog-tied" in this manner, he was left on the floor of the isolation cell for extended periods of time

without adequate supervision by staff, and at least in one case, for a period of one hour, greatly endangering the health of the child.
48. Children have reported being handcuffed to their bunks without adequate supervision by staff while in. isolation for various periods of time. Such treatment is painful and harmful to the physical and psychological well being of the child.
ADEQUACY OF FACILITY STAFF 49. The number of facility security staff is not adequate to supervise the children's activities or to stop violence when fights break out between residents and between residents and staff at SCYC, posing a threat to the health and safety of both children and staff. As a result, children do not feel safe and secure while residing in the facility. 50. The SCYC facility does not maintain adequate staff to attend to the needs of the residents who are all locked in their rooms during the night. In order to use the rest room, residents must signal die staff by banging on the door of their room. When staff members do not respond to banging, some residents are distressed or in pain and are sometimes forced to urinate on the floor or in the wall vent of their room, exposing them to health and safety concerns and adding significantly to the children's tension, anxiety and anger. 51. The SCYC facility has on staff only one certified teacher. In the past there were three qualified certified teachers on staff. As a result, SCYC has no means by which to identify students with learning disabilities, behavior disorders or other special educational problems, nor does it have the means to develop an educational program to meet the individual needs of these students. Further, the SCYC facility does not provide a general education curriculum sufficient to allow children to meet basic educational objectives.
10

52. The SCYC facility has on staff only one social worker. In the past three social workers were on staff. As a result, SCYC has no way to adequately identify suicide risks, or provide adequate health and admissions screening to children entering the facility, nor is it able to provide counseling and therapy programs that are necessary for the children's safety, education, and/or social or psychological development.
53. The SCYC facility does not provide psychological screening to new employees to help in determining their suitability to work with confined children.
TRAINING 54. The SCYC facility staff are not provided with adequate training. The lack of a uniform staff training program poses a threat to the health and safety of both children and staff. 55. As a result of inadequate staff training and supervision, residents receive disparate treatment from staff members. Individual staff provide punishment to residents that is inconsistent with the goal of rehabilitation or safety. 56. As a result of inadequate staff training, the SCYC security staff have developed inconsistent and conflicting internal rules that differ between individual staff members and between shift changes, which result in unnecessary punishment to the children. 57. As a result of inadequate staff training, certain SCYC security staff use racial slurs, curse at children, "play favorites" and are verbally and physically aggressive. Sometimes this occurs because of the child's status, body size and sex. Further, certain individual staff openly discuss confidential information about a child with other children and staff without regard to the consequences or to the child's right of privacy. 58. The SCYC staff are not adequately trained to properly interpret and carry out the existing facility Policy and Procedure Manual or to interpret or
11

properly carry out the requirements and responsibilities set out in the State of Kansas Regulations for Licensing of Detention Centers.
59. As a result of inadequate staff training, the SCYC security staff do not consistently step in to reduce or eliminate verbal abuse between children, and often intercede only when a fight or physical contact occurs between the children, posing a threat to the health and safety of both children and staff. Staff are not properly trained to know how to de-escalate potential problems. The staff are not adequately trained in conflict resolution, mediation, or helping children learn how to make better decisions about themselves.
60. As a result of inadequate staff training, the SCYC security staff often confine children to isolation even if the child is the victim in a particular verbal or physical altercation. As a result of inadequate staff training, staff at SCYC fail to properly supervise children on occasions when children need to be protected from themselves or others. Instead of supervising children who are at risk, staff merely deprive children of mattresses, linens and clothing. At least one child was required to sleep on the floor of his cell while on suicide watch.
61. As a result of inadequate staff training, SCYC security staff habitually support the action of fellow staff members adverse to a child's safety and security, even on those occasions where it is apparent that the child should not have received discipline. When certain staff members receive a child's appeal from a particular disciplinary measure, it is common that the appeal will not be acted upon or that the appeal will fail to reach the appropriate supervisor.
62. As a result of inadequate staff training, SCYC security' staff are often physically intimidated by the larger children and have not received sufficient or adequate training to protect themselves, other security staff or children should a physical altercation occur.
12

63. SCYC security staff are not trained to handle physically violent children and, as a result, it is common for staff to use mechanical restraints which, when inappropriately applied, cause great pain to the resident and result in bruises, marks and abrasions.
FACILITY HEALTH & SAFETY 64. Children within the SCYC facility are required to use institutional stainless steel toilets lacking toilet seats or sanitary paper to insure proper hygiene, to prevent discomfort and to protect residents from infectious disease. 65. Children in the SCYC facility are required to use showers that are not properly cleaned and contain mold and other unsanitary material. Water temperature within the showers is not regulated, subjecting some children to near scalding water temperatures, especially when toilets are flushed. 66. Children residing in the SCYC facility are required to occupy cells requiring extensive cleaning, peeling with walls flecked with paint, and which appear to be stained with various types of human discharge, spitballs and other unidentifiable material. Further, the facility is infested with spiders which have, on occasion, bitten several children. 67. The SCYC facility fire drills, when conducted, require children to leave the facility and remain in the small fenced outdoor exercise area immediately adjacent to the building. This procedure would expose children to fire and safety hazards and risks in case of actual fire. 68. On March 7, 1994, the SCYC facility was issued a Notice of Fire and Safety Hazards and/or Violation by the Kansas State Fire Marshals Department. 69. The SCYC facility does not permit children to utilize their own clothing, except personal shoes. Children within the facility are required to wear a facility issued "jumpsuit" which is ill-fitting and subjects some children to skin rash.
13

70. The SCYC facility does not permit children to use their own underwear. The SCYC facility maintains boxes of ill-fitting assorted underwear which is laundered and issued to children on a daily basis. The facility underwear is stained and sometimes soiled with human excrement because of inadequate cleaning methods.
71. The SCYC facility rules do not permit children to wear appropriate clothing while exercising. Rather, facility rules require that children wear ill fitting jumpsuits while exercising, subjecting the children to rashes and injury.
72. Within the SCYC facility ankle and wrist injuries to children are a common result of basketball and volleyball games. Children receiving such injuries often do not receive adequate medical treatment to alleviate pain or allow injuries an opportunity to heal.
73. Certain cells within the SCYC facility have inadequate heat and cooling and are extremely cold in the winter and extremely hot in the summer, subjecting the children to health concerns.
74. The SCYC facility unwritten rules dictate denial of requests by children to be given access to cleaning equipment to clean in order that they might have a more sanitary environment.
75. The SCYC facility rules do not permit family members to provide children with articles of clothing or other personal items with the exception of shoes.
MEDICAL SERVICES 76. Children admitted to the SCYC facility do not receive a full physical examination upon admission, including appropriate screening for mental, optometric and hearing problems. Children are not adequately screened to determine whether they may have communicable diseases or to determine their immunization status. Recently, one child, after admission to the facility, developed
14

chicken pox and was highly contagious. Because this was discovered on a Friday afternoon after the facility nurse had. left for the day, no medical treatment was sought until Monday morning when the nurse returned. That child was immediately isolated. However, when the child complained about the punitive effects of the isolation, he was released in 48 hours in spite of the possibility of continued contagion.
77. Children admitted to the SCYC facility do not receive any psychological screening or treatment to meet their special needs.
78. SCYC does not have adequate or sufficient medical personnel or facilities to provide a minimal level of medical care. There are no around-the-clock, on-duty or contract medical personnel. The on-duty medical staff at SCYC consists of one registered nurse who is on duty two hours per day, Monday through Friday. Further, when the nurse is on vacation, personal or sick leave, there is no replacement.
79. SCYC does not have adequate or sufficient medical personnel to insure that prescriptions prescribed by a treating physician are administered to children as directed. There is an unwritten rule that no medication is to be distributed past 9:00 p.m. even if needed and prescribed.
80. SCYC does not utilize sufficient or adequate on-duty or contract medical services to provide a minimal level of medical care for those children who, while residing in the facility, are in need of timely medical, dental, or optometric diagnosis or treatment.
81. SCYC fails to provide adequate dental care, even when children are in constant pain. There are long delays in obtaining dental care, if it is provided.
82. Children needing glasses experience lengthy delays in obtaining glasses and are not allowed to go to follow up appointments with their doctors after they receive glasses.
15

83. SCYC does not utilize sufficient or adequate psychiatric or psychological personnel or services to provide a minimal level of psychiatric or psychological care.
84. SCYC currently does not provide for psychological counseling or therapy to individual children, nor is a psychologist involved in the development of individual treatment programs or the commitment of children to isolation cells.
85. SCYC does not have an overnight infirmary to house children who need to be isolated from the general resident population for medical reasons. Sick children are either returned to the general resident population or placed in isolation cells.
86. Medical information is not kept confidential by staff at SCYC.
EXERCISE AND RECREATION 87. SCYC fails to provide children adequate opportunities for indoor exercise and recreation, especially large muscle exercise. Adequate exercise and recreation is necessary to relieve the children's tension, anxiety and anger. 88. Children at SCYC are given only rare or intermittent access to outdoor exercise and recreation, especially large muscle exercise. 89. SCYC fails to provide girls the same limited opportunities for indoor and outdoor exercise and recreation provided to boys.
ISOLATION 90. It is a common practice for children to be placed in isolation or disciplinary sequestration for periods of four hours, twenty four hours, forty eight hours and longer. Isolation is commonly defined as 48 hours or less. Isolation for longer than 48 hours is commonly defined as "sequestration". At least one resident was recently placed in sequestration for more than 45 days. The total number of resident isolation hours for the months of January, February, March and April were
16

754 hours, 236 hours, 238 hours and 618 hours respectively, for a total of 1,846 isolation hours for a four month period.
91. Children isolated for periods of up to forty-eight hours are not permitted to leave the isolation cell except to utilize the restroom. Children in isolation (sequestration) in excess of 48 hours are permitted to leave the cell for one hour each day to take a shower and have minimal exercise and other recreation. On occasion no shower is allowed.
92. Children confined in isolation are denied all the programs and services that are given to children in the general resident population.
93. It is common for children at SCYC to be confined to isolation for being disrespectful to staff members, verbal abuse, refusing to clean up, for remaining too long in the shower or refusing to attend, school or to participate in school work. It is also common for children to be confined to isolation if they are present when other children are involved in disruptive behavior even though they are not involved.
94. It is common for children confined to SCYC who are ill to be placed in isolation, subject to the same rules and conditions as those children who are placed there for violation of the rules.
95. The determination whether isolation should be imposed and the length of time isolation is imposed is often grossly out of proportion to the severity of the conduct which resulted in the punishment. Isolation imposed for minor offenses makes no measurable contribution to acceptable rules of punishment and amounts to purposeless and needless imposition of punishment, which makes children angry, depressed, frightened, self-destructive, and violent.
96. Children confined in SCYC isolation are commonly denied exercise, correspondence, educational opportunities and medical services.
97. Children placed in sequestration isolation are required to wear only their pajamas, and the room is stripped of every item but furniture and linens. Some
17

residents have complained that while in sequestration they were denied a toothbrush and family photographs.
98. Children requiring more than 48 hours of consecutive isolation or more than 72 cumulative hours of isolation within any seven day period do not receive an emergency staffing to determine whether continued isolation is necessary.
99. The isolation cells are dirty and unsanitary and lack adequate heating and ventilation systems. The walls of some of the isolation cells have peeling paint, and may be stained with various types of body discharges, spitballs and other unidentifiable material.
100. Children not otherwise in isolation are commonly "locked down" for various periods of time before and after meals and at shift changes for the convenience of facility staff.
101. Isolation cells have no furniture except for a bunk for sleeping. Rooms are dark and depressing. Isolation cells do not contain either washbasin or toilet facilities. Children wishing to go to the toilet are required to undertake the demeaning process of "banging", beating, or kicking on the metal door of the cell with their fist(s) to notify security staff that they wish to relieve themselves.
102. Children confined in isolation cells are not provided written notice of the charges against them, nor given an opportunity to defend themselves before an impartial person or to call witnesses in their behalf either before or after their placement in isolation.
103. No psychological services are provided to children, either to determine suitability for isolation or following confinement.
104. The SCYC facility staff does not check on children in isolation cells in a consistent manner.
105. Three cells that are often used to sequester children are located in a position within the SCYC facility that is removed from staff by sight and sound and
18

are not consistently monitored. As a result, children placed in these cells often have particular difficulty in notifying staff that they require the opportunity to go to the bathroom, need water, or require staff response for any emergency situation.
EDUCATION 106. Upon admission to SCYC children are not provided an adequate evaluation to determine their educational needs. As a result, SCYC has no adequate way to identify students with learning disabilities, behavior disorder or other special educational problems, nor does it have the means to develop an educational program to meet the individual needs of these children. 107. A relatively high percentage of SCYC residents have problems which require special education services. However, SCYC has virtually no special education programs for these students. 108. The SCYC facility has not instituted a periodic testing program to determine the educational progress made by individual students, nor does it have the staff or sufficient instruction materials to run an individualized program of instruction that provides rewards for academic progress. 109. The SCYC facility contains a small classroom and tornado shelter which is used for as many as eight children at a time for educational purposes. The classroom also serves as the teacher's office. The classroom is very small, measuring approximately 17' x 12'. It is located next to the multi-purpose room and is very noisy. There are no windows and the ventilation and lighting are poor. There is no blackboard. There are eight individual desks crammed into the room, in addition to the teacher's desk. 110. The SCYC facility has on staff only one certified teacher who, due to overpopulation and other job assignments, provides little or no special education services or classes for students with specific learning disabilities, emotionally disadvantaged students or students with hearing and visual impairments.
19

111. Students receive on a daily basis approximately one and one half hours of service from a certified teacher. These services consist of assignments and do not include traditional classroom instruction. Rather, on completion of assignments the student is expected to place the assignment sheet in a box which is later graded but the results of the grading are not provided to the student. Other forms of "instruction" are provided by security staff without any teaching experience.
112. The SCYC facility offers no training programs for its teacher or security staff. SCYC facility has insufficient teaching staff to meet the educational and vocational needs of its residents.
FOOD SERVICE 113. SCYC food service is of poor quality and of insufficient quantities. 114. It is relatively common for foreign matter, such as hair, paper and aluminum particles, to be found in food service items. 115. Food service staff fail to take sufficient sanitation measures to insure that infectious diseases are not transmitted from staff to the children. 116. The SCYC facility does not provide for adequate supplemental nutrition to children between meals.
MAIL SERVICE 117. It is common for children's incoming mail to be read by staff outside the presence of the children. Material considered to be "gang-related" by staff is routinely withheld from the child. 118. It is common for letters from friends or family members to be withheld by administrative staff without explanation.
CHILDREN IN NEED OF CARE (CINC) 119. The SCYC facility does not provide separate quarters for juvenile offenders and CINCs. All facility programs and services are identical for juvenile offenders and CINCs.
20

120. It is common for CINCs to be held at SCYC longer than the 24 hour maximum permitted by statute.
VISITATION 121. The SCYC facility provides family visitation only to parents and grandparents and only three times per week in 45 minute increments. Limited visitation of this nature is destructive to familial ties and significantly reduces the probability of the child's successful reunification into the family or community upon release from the facility. 122. It is common for SCYC facility staff to either intentionally or unintentionally overhear conversations between family members and the child, thereby interfering with the child's right to familial association and to the child's right to privacy.
ATTORNEY/CLIENT CONFERENCES 123. Children wishing to speak with their attorney are required to leave a note with the facility social worker, who will telephone the attorney from his office on his speaker phone. When the attorney is successfully contacted, the facility social worker will listen to the attorney/client conference in its totality via the speaker phone. 124. If the child requests to speak with an attorney through a privilege of a "personal call", it is common for the child to be escorted to the classroom to make the call. Under such circumstances, the facility security officer will remain in the room and listen to the child's half of the attorney/client conversation. 125. Such deliberate interference with the child's right to access to counsel presents a gross interference with the child's right to legal representation and privacy.
21

GENERAL ALLEGATIONS

126. As a proximate result of the defendant's policies, practices, acts and

admissions complained of herein, and the conditions and circumstances described

above to which Plaintiffs and the class are subjected, Plaintiffs and the class are

suffering and will continue to suffer immediate and irreparable injury. Plaintiffs

and the class have no plain, adequate or complete remedy at law to redress the

wrongs described herein.

VI. CLAIMS FOR RELIEF

COUNT I

The failure of the defendants to provide the plaintiffs with adequate food,

clothing, shelter, medical care, exercise, education, reasonably safe and sanitary

conditions of confinement, and freedom from unreasonable isolation, bodily

restraint and use of force is without a legitimate purpose, is arbitrary and capricious,

and constitutes punishment of the plaintiffs in violation of the Fourteenth

Amendment to the United States Constitution

COUNT n

The persistent failure of the defendants to limit the number of children

confined at SCYC to the maximum number for which it is licensed and equipped

violates the provisions of K.S.A. 65-504(a) and K.A.R. 28-4-352(a), and has resulted in

the inability of the defendants to adequately meet the basic human needs of the

plaintiffs, in violation of the Fourteenth Amendment to the United States

Constitution.

COUNT m

The failure of the defendants to provide minimally adequate educational

services appropriate to the needs of each plaintiff, including exceptional children

with special educational needs, violates the provisions of the Fourteenth Amendment

to the United States Constitution, the Individuals with Disabilities Education Act, 20

22

U.S.C. § 1400 et seq.. and the requirements of K.A.R. 28-4-355(b), K.A.R. 91-12-22 s i

seq.. K.SA. 72-1106(a) and 72-llll(a). COUNT IV

The excessive and inappropriate use of isolation of children at SCYC by the

defendants for disciplinary purposes violates the provisions of the Fourteenth

Amendment to the United States Constitution and the requirements of K.A.R. 355b(b)

and (c).

COUNT V

The excessive and inappropriate use by the defendants of force and restraints

upon the plaintiffs violates the provisions of the Fourteenth Amendment to the

United States Constitution and the requirements of K.A.R. 28-4-355b(b)(l) and (2) and

355b(d).

COUNT VI

The failure of the defendants to provide minimally adequate medical and

health care services to the plaintiffs violates the provisions of the Fourteenth

Amendment to the United States and the requirements of K.A.R. 29-4-353(e)(8),

355a(b)(10)and356.

COUNT VTI

The failure of the defendants to provide the plaintiffs with minimally adequate

indoor and outdoor exercise and recreation and the failure to provide equal

opportunities for exercise and recreation for boys and girls violates the provisions of the Fourteenth Amendment to the United States Constitution and the requirements of K.A.R. 28-4-355(d) and 355a(b)(5).
COUNT VIII

The failure of the defendants to maintain sufficient numbers of adequately

qualified and trained staff at SCYC violates the provisions of the Fourteenth

Amendment to the United States Constitution and the requirements of K.A.R. 28-4-

353(e), 353a, 355(b) and 355b.

COUNT EC

The failure of the defendants to maintain the SCYC facility in a reasonably safe

and sanitary condition, including the failure to provide for adequate heating,

cooling, ventilation, plumbing and drainage, violates the provisions of the

Fourteenth Amendment to the United States Constitution and the requirements of

K.A.R. 28-4-359 and K.S.A. 65-508.

COUNT X

The failure of the defendants to provide children at SCYC with sufficient

quantities of nutritious and sanitarily prepared meals and snacks violates the

provisions of the Fourteenth Amendment to the United States Constitution and the

requirements of K.A.R. 28-4-359(e). COUNT XI

The actions of the defendants in withholding mail from children at SCYC and

reading it outside of the presence of the children to whom it is addressed violates the

provisions of the First and Fourteenth Amendments to the United States Constitution

and the requirements of K.A.R. 28-4-355(f) and 355a(b)(ll).

COUNT xn

The defendants' practice of monitoring telephone calls between children at

SCYC and their attorneys violates the provisions of the First, Sixth and Fourteenth

Amendments to the United States Constitution and the requirements of K.A.R. 28-4-

355(f).

COUNT Xin

The defendants' detention of children in need of care at SCYC in excess of 24

hours, excluding Saturdays, Sundays and legal holidays, violates the provisions of 42

U.S.C. § 5633(a)(12)(A) and K.S.A. 38-1517, 38-1528, 38-1542, 38-1543 and 38-1568.

24

COUNT XIV The failure of the defendants to provide quarters at SCYC for children in need of care separate from those for juvenile offenders violates the provisions of K.S.A. 38-501.
PRAYER FOR RELIEF WHEREFORE, plaintiffs, on behalf of themselves and all others similarly situated, pray that this Court: A. Assume jurisdiction of this action; B. Issue an order certifying that this action shall be maintained as a class
action pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure; C Enter a judgment declaring that the defendants, by subjecting the
plaintiffs to the conditions of confinement described in tiiis complaint, have violated the plaintiffs' rights guaranteed by the First, Sixth and Fourteenth Amendments to the United States Constitution, the Juvenile Justice and Delinquency Prevention Act, 42 U.S.C. § 5633(a)(12)(A), the Individuals with Disabilities Education Act, 42 U.S.C. § 1400 et seq.. and the laws and regulations of the State of Kansas; D. Issue a preliminary and a permanent injunction restraining the defendants, their agents, employees, successors in office and assigns from confining the plaintiffs in SCYC under the unconstitutional and illegal conditions and circumstances set forth above; E. Award to the plaintiffs their costs and a reasonable attorney's fee, pursuant to 42 U.S.C. § 1988; and F. Award to plaintiffs such other and further relief as this Court deems just and proper.
25

Draft sore
Facility Layout
Attchroent A-

KANSAS LEGAL SERVICES, INC. 712 South Kansas Avenue Second Floor Topeka, Kansas 66603 913-233-2068 FAX: 913-354-8311
R. Rute Ks. BarLD. No. 8150

. Bar I.D. No. 13626 SHUGHART THOMSON & KILROY, PC

Claudia J. Mo. Bar No/2/220 120 West K t h Street Kansas City, MO 64105 816-421-3355 FAX: 816-374-0509

Charles J. H y l ^ d

^

Ks. Bar No. 14613

32 Corporate Woods, Suite 1100

9225 Indian Creek Pkwy

Overland Park, KS 66210

913-451-3355

FAX: 913-451-3361

Attorneys for Plaintiffs

26

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

T.Y., a minor, by her next friend, Lynette Petty, B.A., a minor, by his next friend, P.C., D.S., a minor by his next friends, A.M. and Lynette Petty, on behalf of themselves and all others similarly situated,

T.Y. v. Shawnee Co.

—~ «

VH

HH

••••

fl

JI-KS-001-003

Plaintiffs,

v.
Board of County Commissioners of the County of Shawnee; DONALD J. COOPER, Chairman, VICTOR W. MILLER, ViceChairman, WINIFRED KINGMAN, member of the Shawnee County Commission in their official capacities;

EARL HINDMAN, Director of the Shawnee County Department of Corrections, in his official capacity;
GARY BAYENS, Administrator of Shawnee County Youth Center, in his official capacity,
Defendants and Third-Party Plaintiffs,
v.
STATE OF KANSAS, Department of Social and Rehabilitation Services; and DONNA L. WHITEMAN, the Secretary of Social and Rehabilitation Services, in her official capacity;

Case No. 94-4079-DES

BOARD OF EDUCATION-UNIFIED SCHOOL DISTRICT 501, Shawnee County, Kansas,
Third-Party Defendants.

- 2-
JOINT STIPULATION OF PARTIAL SETTLEMENT OF MOTION FOR PRELIMINARY INJUNCTION
The Amended Complaint and Class Action was filed on June 3, 1994. A Motion for Preliminary Injunction was filed by plaintiffs on June 23, 1994. The parties have agreed to resolve the issues of isolation, use of restraint, medical care and treatment, and attorney-client confidentiality communication raised in the Motion for Preliminary Injunction. Accordingly, the parties stipulate and agree as follows:
1. The effective date of this agreement shall be from and after August 1, 1994.
2. Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-355b(b) and (c) with respect to the use of isolation for all inhabitants at the Shawnee County Youth Center. In particular, defendants agree to the following:
a. Behavioral isolation shall be used only when a resident is out of control, is a threat to themselves or others. Behavioral isolation shall be used for the shortest interval necessary for the youth to regain control and shall be reviewed by the supervisor immediately with continued placement to be determined by the supervisor.
b. Isolation may be used only when all other less restrictive methods of controlling a child's dangerous behavior have been attempted and have failed.

- 3-
c. Isolation shall not exceed one hour unless the problem behavior continues.
d. A youth care staff member shall be within visual and auditory distance of any child in isolation at all times.
e. No child in isolation shall be deprived of meals, clothing, medical services, individual exercise, correspondence, parental contact or legal assistance for disciplinary purposes. A child in isolation shall receive all regular meals and snacks normally served and shall be allowed time for individual exercise and to perform necessary bodily functions.
f. A child in isolation during normal school hours shall be provided with school work.
g. All children in isolation shall be given prompt access to drinking water and to the toilet and washroom facilities.
h. A written order by a designated SCYC staff member shall be r.equired each time a child is placed in or released from isolation.
i. A youth care staff member shall make direct, physical observation of a child in isolation at least every 15 minutes, and shall attempt interactive intervention with the child at each observation, unless the child is sleeping.
j. An assessment of the need for continued isolation shall be made at each shift change. If isolation is continued, the reasons therefor shall be documented.

- 4-
k. No child shall remain in isolation in excess of 24 hours without the approval of the administrator or designee. Written approval of the administrator or designee shall be required for each eight (8) hour period isolation is extended, beyond the first 24 hours.
1. If a child requires more than 48 hours of consecutive isolation or more than 72 cumulative hours of isolation within any seven (7) day period, an emergency staffing shall be held to discuss the appropriateness of the child's continued placement at SCYC and to develop an emergency plan for the child. Participants shall include those persons designated in Kansas Administrative Regulation 28-4-355b(c) ( 7 ) (A) & (B) .
3. Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-355b(d) with respect to use of restraint for all inhcibitants at the Shawnee County Youth Center. In particular, defendants agree to the following:
-a. Physical restraint shall be used only when the child is acting in a manner that is assaultive, injurious and dangerous to themselves, peers, staff or property. It shall not be used as a form of discipline or punishment.
b. Physical restraint may be used only when all other less restrictive methods of controlling the child's dangerous behavior were either attempted and failed or diagnostically eliminated.

- 5-
c. Mechanical restraint equipment may be used within the secure parameters of the SCYC only when required to move a child to locked isolation.
d. The use of mechanical restraints shall not exceed 30 minutes in duration.
e. Any child injured in an incident involving the use of physical restraint shall receive immediate medical examination and treatment.
f. If the child requires the use of mechanical restraints more than four (4) times in any 30 day period, an emergency staffing shall be held to discuss the appropriateness of the child's continued placement at SCYC and to develop an emergency plan for the child. Participants shall include those persons designated in Kansas Administrative Regulation 28-4355b(d)(3)(A) & (B).
4. Defendants agree to comply with the regulation found at Kansas Administrative Regulation 28-4-356 with respect to required health care for all inhabitants found at Shawnee County Youth Center. In particular, the defendants agree to the following:
a. A health history checklist shall be completed for each child at the time of admission. This checklist shall be completed by the person who admits the juvenile using forms

- 6-
supplied or approved by the Kansas Department of Health and Environment. Counsel for plaintiff and defendants will meet and discuss revisions to be made to the health history checklist within 30 days of the date of this Stipulation.
b. Within 72 hours of admission, children shall have a review of the health history checklist by a physician or nurse. Based upon health indicators derived from the checklist or in the absence of documentation of a screening within the past 24 months, the physician or nurse shall determine whether a full screening and health assessment are necessary.
c. The screening and health assessment shall be completed within ten (10) days of admission and shall be based upon guidelines provided or approved by the Kansas Department of Health and Environment.
d. Each child shall receive a tuberculin skin test and an appropriate treatment or prophylaxis shall be provided to all positive tuberculin reactors.
e. A dental screening shall be conducted upon each child at admission and follow-up emergency dental care shall be provided as needed.
f. SCYC's physician shall be contacted for any child who is taking a prescribed medication at the time of admission so that treatment is not interrupted.

- 7-

g. All medication including

non-prescription

medication shall be given only in accordance with label

directions, including time of administration, unless ordered

differently by a licensed physician. The type of medication

prescribed for children at SCYC and the reason for its use is

confidential information and its confidentiality shall be

preserved by SCYC staff at all times.

h. SCYC's physician shall be contacted for any child

who has acute symptoms of illness or who has a chronic illness.

i. Chronic care, convalescent care and preventive care

shall be provided when medically indicated.

j. SCYC shall obtain a written consent from each

child's parent or legal guardicin for medical and dental care.

k. Each staff member who will have contact with the

children at SCYC shall receive a health examination within one

year before employment, which shall include a tuberculin skin

test. If jthere is a positive reaction, proof of proper treatment

or prophylaxis, according to current Kansas Department of Health

and Environment guidelines, shall be required.

1. Professional consultant services, including those

of physicians, dentists, nurses, psychologists and psychiatrists

shall be available as required to meet the needs of children at

SCYC.

- 9-
attorneys with a copy of all new or amended Policies and Procedures issued to comply with this provision.
7. This Joint Stipulation and Partial Settlement shall be submitted to the Court for final approval and incorporation into the Court's preliminary orders.
THIS AGREEMENT is executed this o?6 day of July, 1994.
R. Rute>-#8150 KANSAS LEGAL SERVICES, INC. 712 S. Kansas Avenue, Second Floor Topeka, KS 66603 Attorney for Plaintiffs
Ann L. Hoover, #9566 Mark L. Bennett, Jr., #5781 BENNETT & DILLON 1605 S.W. 37th Street Topeka, KS 66611 Attorneys for Defendants and
Third Party Plaintiffs

 
 T.Y. v. Shawnee Co.

JI-KS-001-004
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

u.s. :••

T.Y., a minor, by her next friend,
Lynette Petty, B.A., a minor, by his next friend, P.C., D.S., a minor by his next friends, A.M. and Lynette Petty, on behalf of themselves and all others similarly situated,

Plaintiffs,

v.
Board of County Commissioners of the County of Shawnee, DONALD J. COOPER, Chairman, VICTOR W. MILLER, ViceChairman, WINIFRED KINGMAN, member of the Shawnee County Commission in their official capacities;
EARL HINDMAN, Director of the Shawnee County Department of Corrections, in his official capacity;
GARY BAYENS, Administrator of Shawnee County Youth Center, in his official capacity,
Defendants and Third-Party Plaintiffs,

Case No. 94-4079-DES

v.
STATE OF KANSAS, Department of Social and Rehabilitation Services; and Donna L. Whiteman, the Secretary of Social and Rehabilitation Services, in her official capacity;
BOARD OF EDUCATION-UNIFIED SCHOOL DISTRICT 501, Shawnee County, Kansas,
Third-Party Defendants.

"OURT

ORDER
This matter is before the court on the motion of the plaintiffs for a preliminary injunction. This is brought as a class action for declaratory and injunctive relief brought by children confined at the Shawnee County Youth Center (SCYC) to challenge the conditions of their confinement and certain of the defendants' practices and policies pertaining thereto. In this motion the plaintiffs seek an order enjoining the defendants, pending a final resolution of this matter, from continuing to employ certain of these practices and policies which they deem most harmful to their welfare, and to require the defendants to comply with applicable statutes and regulations of the state of Kansas. The areas encompassed by the plaintiffs' motion as alleged are: (1) overcrowding of the SCYC facility; (2) use of isolation; (3) use of force and restraint; (4) provision of adequate and necessary medical care; and (5) confidentiality of communications between children confined at SCYC and their attorneys. The defendants deny that their practices and policies in these areas are in any way illegal, and they maintain that they are currently in full compliance with all applicable statutes and regulations. They do not waive any defenses to this litigation or objection to class certification.
At the hearing on the plaintiffs' motion on July 27, 1994, the court was informed by the parties that they have reached an agreement with respect to all of the issues raised in the plaintiffs' motion except for overcrowding at the SCYC facility. This agreement is set out in a Joint Stipulation of Partial Settlement of Motion for Preliminary Injunction, which the parties have presented to the court for its approval and for incorporation into the court's order on the plaintiffs' motion. The parties have further requested that the court continue the hearing on the

remaining issue of overcrowding for an additional thirty (30) days so that they may

continue efforts to reach an agreement on that issue.

The court finds that the Joint Stipulation of Partial Settlement of Motion for

Preliminary Injunction is fair and reasonable, and that it should be approved and

made a part of the order of the court. The court further finds that the hearing on

this matter should be continued for an additional thirty (30) days in order to afford

the parties an opportunity to reach agreement on the outstanding issue in the

plaintiffs' motion.

IT IS BY THE COURT THEREFORE ORDERED that the Joint Stipulation of Partial

Settlement of Motion for Preliminary Injunction is hereby approved and made a part

of the order of this court.

IT IS FURTHER ORDERED that the parties be given until August 29, 1994, to

reach an agreement on the remaining issue of overcrowding at the SCYC facility. If

the parties are unable to reach such an agreement, a hearing on the plaintiffs'

motion for a preliminary injunction with respect to the issue of overcrowding at the

SCYC facility will be held before this court on September 1, 1994, at 9:00 am.

IT IS SO ORDERED

Dated this *v> day ^U<M^LKA^P'

, 1994, at Topeka, Kansas.

DALE E. SAFFELS United States Dis

Submitted by:

-Carry'R.

^

KANSAS LEGAL SERVICES, INC.

712 S. Kansas Avenue, Second Floor

Topeka, Kansas 66603

913-233-2068

Attorney for Plaintiffs

Claudia J. York
Mo. Bar #27220 Charles J. Hyland Ks. Bar #14613 SHUGHART THOMSON & KILROY, PC 120 West 12th Street Kansas City, MO 64105 816-421-3355 Attorney for Plaintiffs

Approved by:

Ann L Hoover, #9566 Mark L. Bennett, Jr., #5781 BENNETT & DILLON 1605 S.W. 37th Street Topeka, Kansas 66611 (913) 267-5063 Attorneys for Defendants and Third-Party Plaintiffs

Arthur E. Palmer, #05^49 John D. Ensley, #11626 GOODELL, STRATTON, EDMONDS & PALMER, LLR. 515 S. Kansas Ave. Topeka, Kansas 66603
(913) 233-0593 Attorneys for Third-Party Defendant Board of Education-Unified School District #501

Michael George, #10400 Kenneth R. Smith, #10598 Legal Division Department of Social and Rehabilitation Services Room 530, Docking State Office Building 915 S.W. Harrison Street
(913) 296-3967 Attorneys for Third-Party Defendant Department of Social and Rehabilitation Services

 
 T.Y. v. Shawnee Co.

0 *> 1Q'

£ ~

JJ-KS-001-006

. , .: . :=.£. IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF KANSAS

T.Y., a minor, by her next friend, Lynette Petty, B.A., a minor, by his next friend, P.C., D.S., a minor by his next friends, A.M. and Lynette Petty, on behalf of themselves and all others similarly situated,
y
Plaintiffs,
v.
Board of County Commissioners of the County of Shawnee, DONALD J. COOPER, Chairman, VICTOR W. MILLER, ViceChairman, WINIFRED KINGMAN, member of the Shawnee County Commission in their official capacities;
EARL HtNDMAN, Director of the Shawnee County Department of Corrections, in his official capacity;
GARY BAYENS, Administrator of Shawnee County Youth Center, in his official capacity,
Defendants and Third-Party Plaintiffs,
v.
STATE OF KANSAS, Department of Social and Rehabilitation Services; and Donna L. Whiteman, the Secretary of Social and Rehabilitation Services, in her official capacity;
BOARD OF EDUCATION-UNIFIED SCHOOL DISTRICT 501, Shawnee County, Kansas,
Third-Party Defendants.

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Case No. 94-4079-DES

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ORDER
This matter is before the Court on the motion of the plaintiffs for a preliminary injunction. This case is a class action for declaratory and injunctive relief brought by children confined at the Shawnee County Youth Center (SCYC) to challenge the conditions of their confinement and certain of the defendants' practices and policies pertaining thereto. In this motion the plaintiffs seek an order enjoining the defendants, pending a final resolution of this matter, from continuing to employ certain of these practices and policies which they deem most harmful to their welfare, and to require the defendants to comply with applicable statutes and regulations of the state of Kansas. The areas encompassed by the plaintiffs' motion are: (1) overcrowding of the SCYC facility; (2) use of isolation; (3) use of force and restraint; (4) provision of adequate and necessary medical care; and (5) confidentiality of communications between children confined at SCYC and their attorneys. The defendants deny that their practices and policies in these areas are in any way illegal, and they maintain that they are currently in full compliance with all applicable statutes and regulations. They do not waive any defenses to this litigation or objection to class certification.
On July 26, 1994, the plaintiffs and the defendants entered into a Joint Stipulation of Partial Settlement of Motion for Prelininary Injunction, in which they reached an agreement with respect to all of the issues raised in the plaintiffs' motion except for overcrowding at the SCYC facility. This agreement was presented to the Court for its approval and incorporation into a court order, which was done by order of the Court dated August 2, 1994. This order also continued the hearing on the plaintiffs' motion to afford the parties an additional opportunity to reach an agreement on the remaining issue of overcrowding.
Negotiations among the plaintiffs, defendants and third-party defendants Department of Social and Rehabilitation Services of the State of Kansas (SRS), and Donna L. Whiteman, Secretary, continued in an attempt to resolve the issue of overcrowding at

SCYC, but the parties were unable to reach a final agreement. Consequently, an evidentiary hearing on this issue was held by the Court on October 12, 13, and 14, 1994. On October 17, 1994, and again on October 31, 1994, this hearing was continued by the Court, with the agreement of all parties, in order to enable the parties to persevere their efforts to reach an accord on this issue.
The Court is now informed that the plaintiffs, defendants and third-party defendants SRS and Donna Whiteman have arrived at an agreement resolving the issues of overcrowding at the SCYC facility. This agreement is set out in a Joint Stipulation of Partial Settlement dated November 21, 1994, and presented by the parties to the Court for its approval and incorporation into a court order.
The Court finds that the Joint Stipulation of Partial Settlement is fair and reasonable, and that it should be approved and made a part of the order of the Court. The Court specifically finds that the parties intend that this Joint Stipulation should be part both of the Court's order on the plaintiffs' motion for a preliminary injunction and of any final order by the Court in this action.
IT IS BY THE COURT THEREFORE ORDERED that the Joint Stipulation of Partial Settlement dated November 21, 1994, is hereby approved and made a part of the order of this Court on the plaintiffs' motion for a preliminary injunction.
IT IS FURTHER ORDERED that the above-referenced Joint Stipulation of Partial Settlement constitutes the final order of the Court in this case with respect to the issue of overcrowding at the SCYC facility, and that it be incorporated into any subsequent order of this Court finally resolving the other issues in this action.
IT IS SO ORDERED. Dated this gA / day of November, 1994, at Topeka, Kansas

Dale E. Saffels

77/7

United States District Judge-' U

 
 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

T.Y., a minor, by her next friend, Lynette Petty, B.A., a minor, by his next friend, P.C., D.S., a minor by his next friends, A.M. and Lynette Petty, on behalf of themselves and all others similarly situated,
Plaintiffs,
v.
Board of County Commissioners of the County of Shawnee; DONALD J. COOPER, Chairman, VICTOR W. MILLER, ViceChairman, WINIFRED KINGMAN, member of the Shawnee County Commission in their official capacities;
EARL HINDMAN, Director of the Shawnee County Department of Corrections, in his official capacity;
GARY BAYENS, Administrator of Shawnee County Youth Center, in his official capacity,
Defendants and Third-Party Plaintiffs,
v.
STATE OF KANSAS, Department of Social and Rehabilitation Services; and DONNA L. WHITEMAN, the Secretary of Social and Rehabilitation Services, in her official capacity;
BOARD OF EDUCATION-UNIFIED SCHOOL DISTRICT 501, Shawnee County, Kansas,
Third-Party Defendants.

T.Y. v. Shawnee Co.
™ • •• •• •• • •
JI-KS-001-008
Case No. 94-4079-DES

SETTLEMENT AGREEMENT AND CONSENT DECREE This Settlement Agreement and Consent Decree is submitted to the Court for approval and entry by all of the parties to this action, by and through counsel, in resolution of all of the claims asserted by the plaintiffs in their First Amended Complaint and by the defendants in their Third-Party Complaint. The parties to this action have reached an agreement resolving all outstanding issues in this litigation and have agreed to the incorporation of the terms of this agreement into a Consent Decree. The parties have entered into this Settlement Agreement and Consent Decree solely as a means to seek a reasonable end to all issues raised in this controversy and to avoid the expense, time and risks of litigation. Thus, the parties expressly agree that this Settlement Agreement and Consent Decree represents a reasonable approach to resolve this litigation and is not an admission of any constitutional violation. Nor do the provisions thereof establish any constitutional minimum standard with respect to claims alleged by the plaintiffs. While neither admitting nor denying any allegations of fact or legal liability, or that the following practices and procedures are required by the United States Xl·onstitution, the parties have now agreed to the entry of the Settlement Agreement and Consent Decree. The entry of this Settlement Agreement and Consent Decree shall not affect plaintiffs' right to request such attorneys' fees and costs as this Court deems appropriate, or defendants' and

third party defendants' right to oppose such requests. Therefore, based upon the stipulation and agreement of all parties to this action, by and through their respective counsel, and based upon all matters of record in this case.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
I. OVERCROWDING 1. Defendants shall comply with the provisions of K.S.A. 65-504(a) with regard to the maximum number of juveniles who may be admitted to and confined in the current Shawnee County Youth Center facility. In particular, the following shall apply:
A. The maximum number of juveniles who will be housed at Shawnee County Youth Center shall not exceed that number which is acceptable to the Kansas Department of Health and Environment. Admissions which would cause this maximum population limit to be exceeded shall be refused by County defendants and the Shawnee County Department of Corrections unless the release of one or more juveniles from Shawnee County Youth Center is scheduled within 24 hours which would bring the population back within that number deemed acceptable by the Kansas Department of Health and Environment. In no case shall the number of juveniles at Shawnee County Youth Center exceed 25.
Defendants shall be temporarily released from the requirement to comply with the provisions of K.S.A. 65-504(a) in the event of an emergency. An emergency is triggered by an exceptional circumstance involving a single mass arrest involving five or more

juvenile offenders who otherwise could not be placed at Shawnee County Youth Center due to population limits. The five or more juvenile offenders will not be admitted to Shawnee County Youth Center until the duty juvenile judge issues an order setting out findings of fact necessary to admit the children to Shawnee County Youth Center on an emergency basis. The five or more juvenile offenders may be placed at Shawnee County Youth Center until their detention hearing. During the course of the emergency exception, no other juveniles may be admitted to Shawnee County Youth Center. In the event an emergency occurs, a copy of the judge's order will be forwarded to the attention of the plaintiffs' counsel.
B. The third-party defendant Department of Social and Rehabilitation Services of the State of Kansas (SRS) agrees that it will remove from Shawnee County Youth Center facility any juvenile offender directly committed by the Court to a state youth center pursuant to K.S.A. 38-1671 within 72 hours of said disposition and upon receipt of the "necessary documents" required under K.S.A. 38-1671. Said removal requirement excludes Saturdays, Sundays and legal holidays. It is understood that the necessary documents required under this paragraph are the certified copies of the complaint, the journal entry of the adjudicatory hearing and the dispositional order. It is further understood that the receipt of the necessary documents by SRS means delivery of the documents to the reception desk located at the SRS Topeka Area Office, 1035 South Kansas Avenue, Topeka, Kansas, or by delivery to the SRS representative in attendance at

the court hearing. An acknowledgment of receipt of these documents by SRS shall be in writing and filed with the Clerk of the District Court by the District Attorney's office. In the alternative, receipt of the certified documents by SRS may be obtained through the use of a facsimile transmission and a telephone call made to the attention of the Legal Division for the Topeka Area SRS Office.
C. The third-party defendant Department of Social and Rehabilitation Services of Kansas agrees that it will remove from the Shawnee County Youth Center facility any juvenile offender placed in its custody for appropriate placement within 48 hours after receiving written court order by the Court, unless (1) the juvenile is committed to the custody of SRS after 12:00 noon on a Friday; or (2) the juvenile has not previously been in the custody of SRS. If either of these two exceptions occurs, SRS will have an additional 24 hours to remove the juvenile from Shawnee County Youth Center, for a total of 72 hours. Said requirement excludes Saturdays, Sundays and legal holidays. It is understood that the receipt of the written Court Order by the court to SRS means delivery of the documents to the reception desk located at the SRS Topeka Area Office, 1035 Kansas Avenue, Topeka, Kansas, or by delivery to the SRS representative in attendance at the court hearing. An acknowledgment of receipt of these documents by SRS shall be in writing and filed with the Clerk of the District Court by the District Attorney's office. In the alternative, receipt of the documents by SRS may be obtained through the use of a file-

stamped copy of the order by facsimile transmission and a telephone call made to the attention of the Legal Division of the Topeka Area SRS Office. The time limits provided in this paragraph may be extended up to seven days for sexual offenders to the extent that SRS has built up credits as provided herein. SRS may accumulate credits by removal of other juveniles in SRS custody prior to the time limitations required herein. Said credits shall be acquired in twelve hour increments. Sexual offender shall be defined as a juvenile who has been adjudicated or is currently charged with a violation as defined in Article 35, Chapter 21 of K.S.A. The parties agree there will be a review of the 48 hour provision contained in Paragraph l(c) at the end of three months from the time this agreement is entered. Any dispute with respect to the 4 8 hour placement will be submitted to the Judge of the United States District Court for resolution at that time.
D. When the defendants notify SRS that the population of Shawnee County Youth Center has reached 22 and (1) SRS has not removed juveniles from its custody as required by paragraphs l(b) or l(c) above, and (2) the Shawnee County Youth Center has been required to transfer one or more juveniles to some other secure detention facility to maintain the population at 22, SRS agrees to increase the per diem compensation paid to Shawnee County Youth Center from the present rate to $140.00 per day or any contract rate Shawnee County Youth Center is able to negotiate or any contract rate SRS is able to negotiate, whichever is less, for

each juvenile required to be transferred. The increased rate shall apply to each juvenile required to be transferred due to SRS' inability to remove juveniles as required by paragraphs l(b) or l(c) above. Shawnee County Youth Center will not admit juveniles who are not subject to the jurisdiction of the Shawnee County District Court. The defendants agree to keep SRS informed of the population at Shawnee County Youth Center on a daily basis in writing and addressed to either the Topeka Area Office Chief of Social Services or Legal Division. The parties agree that there will be a review of the rate at the end of three months from the time this agreement is entered. Any dispute with respect to the rate will be submitted to the Judge of the United States District Court for resolution at that time.
E. During evenings, weekends or holidays SRS shall establish a system of communications by which one or more SRS workers are designated to receive the necessary documents.
F. Juveniles classified solely as children-in-need-ofcare will not be confined in the Shawnee County Youth Center facility for more than 24 hours. If a child in need of care is subsequently charged as a juvenile offender, the child will not be treated as a child-in-need-of-care for purposes of determining whether secure detention is necessary.
2. There is hereby established the Shawnee County Juvenile Facility Population Control Task Force. The members of the task force shall be the Third Judicial District. (Shawnee County) Administrative Judge or his designee, who shall Chair the Task

Force, the Director of the Shawnee County Department of Corrections or his designee, the Secretary of the Kansas Department of Social and Rehabilitation Services or her designee, an educator, a mental health professional, an at-large member of the community, a juvenile judge and a juvenile advocate. The Task Force may, at its discretion, invite professionals or representatives of some other agencies to provide information or to otherwise participate in task force duties. Such professionals or agencies may include, but are not limited to, the following: the District Attorney for the Third Judicial District Shawnee County, Court Services, Clerk of the District Court, defense counsel, Shawnee County Sheriff's Department, Topeka Police Department, Plaintiffs' attorneys, members of the Community Corrections Advisory Board or representatives of certain social service agencies such as the Kansas Children's Service League.
3. The Task Force shall perform the duties prescribed below and such other duties relating to resident population control at Shawnee County Youth Center as may in the future be requested by this Court and accepted by the Task Force.
4. The Task Force shall meet on an as necessary basis at a time and place established by the Chair. The Task Force may establish its own rules and procedures, including any necessary subcommittees, consistent with the directives herein provided, including the removal or release of Shawnee County Youth Center residents as may be necessary from time to time.

5. A subcommittee of the Task Force shall monitor resident population at Shawnee County Youth Center to ensure that detention at Shawnee County Youth Center is restricted and available only to those children for whom secure detention is clearly indicated. Whenever the number of children detained at Shawnee County Youth Center reaches twenty-two, the Director of the Shawnee County Department of Corrections, or his designee, shall notify the Chair of the Task. Force of that fact. The members of the subcommittee shall be a Third Judicial District judge who is not active in the juvenile court, who shall chair the committee, a representative from the Shawnee County Department of Corrections, and a representative from the Kansas Department of Social and Rehabilitation Services. The Subcommittee shall:
A. Review and screen the resident population to determine which, if any, residents may be released.
B. Prepare a list of residents whom the committee reasonably believes
i. may be released as the juvenile is not dangerous to self or others and is likely to appear for further proceedings pursuant to K.S.A. 38-1632 and 38-1640;
ii. could be placed in the custody of a parent or other suitable person or youth residential facility pursuant to K.S.A. 38-1632, or other appropriate placement; or
iii. could be placed in the custody of the Secretary of the Department of Social and Rehabilitation . Services pursuant to K.S.A. 38-1632.

6. From the above mentioned list, the Subcommittee shall make recommendations to the committing Judge designating those juveniles who may be considered for release. The committing Judge shall thereafter enter an order releasing or detaining the juvenile based on the criteria set forth in sections (i) or (ii) above. Shawnee County Youth Center agrees to release said juvenile pursuant to the order of the Court.
7. Prior to the Dispositional Order, no juvenile offender shall be ordered detained and placed in SRS custody other than to provide medical or psychological services. The Court shall make findings of fact upon which the decision is made. Should the committing Judge order that the juvenile should be placed in SRS custody based on the criteria set forth in Section (iii), the responsibility of securing an alternative placement lies with SRS as provided in paragraphs l(b) and l(c).
8. The Task Force shall develop clear criteria for secure detention at Shawnee County Youth Center, consistent with the provisions of K.S.A. 38-1624 and 38-1640, and develop an objective Risk Assessment and Screening Instrument for use in determining need for secure detention at Shawnee County Youth Center. The screening instrument developed for this purpose is approved by all parties and attached as Attachment #1. The Task Force has the continuing responsibility for reviewing and modifying, as necessary, the Risk Assessment and Screening Instrument to ensure its adequacy to maintain Shawnee County Youth Center resident population requirements established by Paragraph l(a) above. The
10

defendants will not admit a juvenile to Shawnee County Youth Center without a court order directing the juvenile to be detained there unless the juvenile has been screened to determine that the juvenile is in need of secure detention by use of the above referenced objective Risk Assessment and Screening Instrument. The screening function will be performed by trained juvenile intake service personnel presently located at the Kansas Children's Service League Emergency Shelter. In the event the Kansas Children's Service League should no longer perform the screening function for juveniles admitted to Shawnee County Youth Center, the Administrative Judge of the Third Judicial District shall designate the entity to perform this function. The Task Force will also present the admission criteria and risk assessment and screening device to the Shawnee County District Court for its consideration as criteria for its use in determining the need for secure detention of juveniles alleged to be juvenile offenders or children in need of care.
9. The Task Force shall review the existence of other, less restrictive, placement alternatives to secure detention in Shawnee County and determine the need, if any, for the creation of additional alternatives to secure detention. Such alternatives may include, but are not limited to, home detention, electronic monitoring, intensive supervised probation, day reporting, group homes and foster homes. The conclusions and recommendations of the Task Force shall be presented to the defendant Shawnee County
11

Board of County Commissioners and third-party defendant Secretary of Social and Rehabilitation Services for their consideration.
10. The Task Force shall consider ways to expedite the movement of juveniles through the juvenile court system and thereby reduce the length of time spent by juveniles in temporary secure detention. The conclusions and recommendations of the Task Force shall be presented to all affected parties for their consideration.
11. All parties will use their best efforts to assist the Task Force in any way possible in performing its functions and shall provide the Task Force with any requested data or information which is reasonably at their disposal. Should there be changes in either Federal or State law or other unanticipated events that affect the implementation of this Agreement, the parties may meet to seek modifications or review by the Federal Court.
12. Paragraph 1 of this section shall remain in effect until further order of this Court. Paragraphs 2-10 of this section, relating to the creation and duties of the Shawnee County Juvenile Facility Population Control Task Force, shall remain in effect until the promulgation and implementation by the judges of the Third Judicial District of the State of Kansas of a local court rule providing for the continuing performance of all of the essential functions of the Task Force as provided for in this stipulation, including the population control subcommittee.
12

II. SANITATION. SAFETY AND HYGIENE 1. The facility administration shall maintain compliance with all state and local health, sanitation, and fire safetystandards and correct any deficiencies within a reasonable time after receiving notice of deficiencies. 2. The Shawnee County Youth Center facility shall be clean at all times and free from accumulated dirt, vermin and rodent infestation, including spiders. 3. Floors shall be swept and mopped daily. Liquids or other substances spilled on the floor should be promptly removed. 4. Toilets, lavatories, sinks, showers and other such fixtures shall be cleaned thoroughly each day. 5. Walls in the sleeping rooms shall be cleaned monthly and repainted at least once a year. 6. All toilets shall have sanitary paper available at all times. 7. The facility shall maintain all plumbing, drainage, heating, cooling, electrical and ventilator systems in proper working order at all times. Necessary repairs shall be promptly effectuated. 8. The temperature throughout the facility, including all sleeping rooms, shall be maintained in a healthful and comfortable range between 68° and 78° Fahrenheit. A healthful level of fresh air shall be circulated throughout the facility at all times.
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9. All lavatories, sinks and showers shall maintain hot and cold water at temperatures which are controllable and within a safe and comfortable range.
10. The facility shall ensure that showers are protected from the view of members of the opposite sex.
11. The facility shall establish a procedure which is designated to ensure the safe evacuation of all juveniles and staff at Shawnee County Youth Center in case of fire.
12. Facility administration shall require that upon admission each juvenile be provided that following toiletries: soap, deodorant, comb, toothbrush, and toothpaste. The facility shall provide juveniles with a sanitary means to shave, and shall provide an adequate period of time for residents to exercise shaving privileges. Female residents shall be provided feminine hygiene and sanitary items, as necessary or upon request.
13. The facility administrator shall ensure that all juveniles are provided a bed off of the floor and that no more than one juvenile is housed in a sleeping room.
14. A member of the Shawnee County Youth Center administrative staff shall be designated as the facility sanitation, safety & hygiene officer, who shall regularly review all policies and procedures relating to safety, health and fire prevention and shall be responsible for implementation of these policies and procedures.
14

15. The facility administrator shall be responsible for establishing a fire safety plan. This plan shall include, but need not be limited to, the following areas:
A. Fire prevention techniques, including: i. Handling and storage of flammable, toxic and
caustic materials in accordance with local fire and building codes, as well as regulatory requirements of the Kansas Department of Health and Environment;
ii. The use of flame resistant furnishings and other materials;
iii· Daily walk-through inspections by program staff of all areas of the facility occupied by residents to detect the existence of fire hazards and obstacles to evacuation (e.g. blocked fire exits);
iv. Weekly inspections of all other areas of the facility by appropriate administrative, supervisory and support staff to detect the existence of fire hazards; and
v. The prohibition of smoking in any area of the facility, except by staff in designated staff smoking areas.
B. Fire response procedures, including: i . Monthly fire d r i l l s held at a minimum of once
each month, with at least 25% of the d r i l l s being held during residents' sleeping periods, and including the testing of fire/ smoke alarms, emergency air packs and emergency lighting;
i i . An explanation to residents of fire d r i l l procedures during orientation by program staff;
15

iii. Posting of fire drill assembly locations in a conspicuous area of the resident living units; and
iv. Maintenance and update of the fire evacuation plan approved by the Fire Marshal, and implementation of any and all changes recommended by the Fire Marshal.
III. DRESS 1. The defendants agree to comply with the provisions of Kansas Administrative Regulation 28-4-355a(b)(8) concerning dress of residents at Shawnee County Youth Center. 2. Residents at Shawnee County Youth Center will be allowed to wear their own soft soled shoes. Defendants will provide soft soled shoes to residents who have none. 3. Facility administration shall require that all residents be provided clothing that fits comfortably and is in good repair. All residents shall be provided clean pajamas or nightgowns that are in good repair and fit comfortably. 4. Facility administration shall require that residents be allowed to exchange outer clothing at least every other day and more frequently if the clothing has become soiled or dirty. Each day residents shall receive clean underwear and socks that are in good repair and fit comfortably. 5. Residents' personal clothing and shoes will be made available to them for court appearances, excluding detention hearings. If residents do not wish to wear the clothing provided
16

by the facility to court, they may wear their own clothing for such purposes.
6. During periods of exercise or sports activities, residents will be permitted to wear gym shorts, a tee shirt and/or a sweatshirt that fit comfortably and are in good repair.
7. Denial of clothing will not be used for disciplinary purposes.
IV. ISOLATION 1. Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-355b(b) and (c) with respect to the use of isolation for all residents at the Shawnee County Youth Center. In particular, defendants agree to the following:
A. Behavioral isolation shall be used only when a resident is out of control, is a threat to himself/herself or others. Behavioral isolation shall be used for the shortest interval necessary for the youth to regain control and shall be reviewed by the supervisor immediately with continued placement to be determined by the supervisor.
B. Isolation may be used only when all other less restrictive methods of controlling a juvenile's dangerous behavior have been attempted with respect to the incident at issue and have failed.
C. Isolation shall not exceed one hour unless the problem behavior continues.
17

D. A youth care staff member shall be within visual and auditory distance of any juvenile in isolation at all times.
E. No juvenile in isolation shall be deprived of meals, clothing, medical services, individual exercise, correspondence, parental contact or legal assistance for disciplinary purposes."" A juvenile in isolation shall receive all regular meals and snacks normally served and shall be allowed time for individual exercise and to perform necessary bodily functions.
F. A juvenile in isolation during normal school hours shall be provided with school work.
G. All juveniles in isolation shall be given prompt access to drinking water and to the toilet and washroom facilities.
H. A written order by a designated Shawnee County Youth Center staff member shall be required each time a juvenile is placed in or released from isolation.
I. A youth care staff member shall make direct, physical observation of a juvenile in isolation at least every 15 minutes, and shall attempt interactive intervention with the juvenile at each observation, unless the juvenile is sleeping.
J. An assessment of the need for continued isolation shall be made at each shift change. If isolation is continued, the reasons therefor shall be documented.
K. No juvenile shall remain in isolation in excess of 24 hours without the approval of the administrator or designee. Written approval of the administrator or designee shall be
18

required for each eight (8) hour period isolation is extended, beyond the first 24 hours.
L· If a juvenile requires more than 4 8 hours of consecutive isolation or more than 72 cumulative hours of isolation within any seven (7) day period, an emergency staffing shall be held to discuss the appropriateness of the juvenile's continued placement at Shawnee County Youth Center and to develop an emergency plan for the juvenile. Participants shall include those persons designated in Kansas Administrative Regulation 28-4-355b(c)(7)(A) & (B).
V. USE OF RESTRAINT 1. Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-355b(d) with respect to use of restraint for all juveniles at the Shawnee County Youth Center. In particular, defendants agree to the following:
A. Physical restraint shall be used only when the juvenile is acting in a manner that is assaultive, injurious and dangerous to himself/herself, peers, staff or property. It shall not be used as a form of discipline or punishment.
B. Physical restraint may be used only when all other less restrictive methods of controlling the juvenile's dangerous behavior were either attempted and failed or diagnostically eliminated.
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C. Mechanical restraint equipment may be used within the secure parameters of Shawnee County Youth Center only when required to move a juvenile to locked isolation. Once a juvenile is placed in locked isolation, all restraints will be promptly removed after the juvenile ceases acting in an injurious or dangerous manner. Staff members shall remain within visual and auditory distance of the juvenile if mechanical restraints are in place and the juvenile is acting in a manner that is injurious or dangerous. Staff members shall promptly determine that the application of mechanical restraints does not result in the infliction of injury to the juvenile. The practice of securing the juvenile's hands to the feet with mechanical restraints behind the juvenile's back shall not be utilized at Shawnee County Youth Center.
D· The use of mechanical restraints shall not exceed 30 minutes in duration.
E. Any juvenile injured in an incident involving the use of physical restraint shall receive immediate medical examination and treatment.
F. If the juvenile requires the use of mechanical restraints for more than four (4) times in any 30 day period, an emergency staffing shall be held to discuss the appropriateness of the juvenile's continued placement at Shawnee County Youth Center and to develop an emergency p¯ìan for the juvenile. Participants shall include those persons designated in Kansas Administrative Regulation 28-4-355b(d)(3)(A) & (B).
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VI. EXERCISE AND RECREATION Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-355(d)(1) with respect to exercise and recreation at the Shawnee County Youth Center. In particular, defendants agree to the following: 1. At least one hour of large muscle exercise shall be provided to each juvenile on a daily basis unless restricted for health reasons. Such exercise shall be conducted outdoors when weather permits. 2. Opportunity for outdoor and indoor exercise and recreation shall be equally available to juveniles of both sexes. 3. Exercise and recreation shall not be restricted or denied to juveniles as punishment or discipline, except for misconduct which occurs during the recreational activity. 4. Access to exercise and recreation shall not be denied or limited on the basis of juvenile/staff ratios.
VII. FOOD SERVICE 1. All residents at Shawnee County Youth Center shall be provided with nutritionally adequate and appetizing food, including snacks, in amounts sufficient to meet the needs of growing children. 2. Therapeutic diets shall be available upon medical or dental authorization. 3. Food, including snacks, should not be withheld, nor the standard menu varied, as a disciplinary sanction.
21

4. Defendants agree to have a qualified nutritionist review the current food service no later than 30 days after the signing of this agreement and shall implement the recommendations of the nutritionist as soon as practicable.
VIII. MAIL 1. Outgoing mail is not to be opened or read or otherwise restricted as punishment or discipline. 2. The administrator shall provide stationary, envelopes and postage for one letter per day for each juvenile. All residents shall be permitted to purchase additional postage as necessary to mail more than one letter per day. 3. Incoming mail for juveniles at Shawnee County Youth Center will not be read by staff. Incoming mail will not be opened by staff outside the presence of the child, and then only to inspect for contraband, when staff has reasonable cause to believe that the mail contains contraband. 4. Incoming mail will not be restricted or withheld from juveniles as punishment or discipline, however, may be kept outside a resident's room for health and security reasons. 5. Books or gifts mailed or given to a resident will remain the resident's property and will be returned to the resident upon release from the facility.
IX. CHILDREN IN NEED OF CARE 1. Children in need of care at Shawnee County Youth Center will be kept separate from juvenile offenders to the maximum extent possible.
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X. VISITATION Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-355(f) with respect to visitation at the Shawnee County Youth Center. In particular, defendant agrees to the following: 1. Residents at Shawnee County Youth Center may visit with family members consistent with the security of the Shawnee County Youth Center and the safety of visitors, other residents and personnel. 2. The Shawnee County Youth Center facility shall provide adequate accommodations for visitation sufficient to permit a reasonable degree of privacy during visitation. 3. Visitation shall not be restricted or withheld from children unless a determination is made that a visit will violate the security of Shawnee County Youth Center or endanger the safety of residents, visitors or staff.
XI. TELEPHONE 1. Residents are permitted to make telephone calls, without prior clearance, as soon as reasonable after being admitted to detention for the purpose of contacting family members and attorneys. 2. After the initial telephone calls, residents will be allowed to make telephone calls according to the phone schedule for group activities.
23

3. Telephone calls to court counselors and attorneys will not be restricted or withheld from residents as punishment or discipline.
4. Telephone calls to residents from parents or legal guardians will be permitted at reasonable times on a daily basis. Residents will be permitted to make daily telephone calls to parents or legal guardians pursuant to a schedule established by the facility administrator.
XII. ATTORNEY-CLIENT COMMUNICATION 1. Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-355a(b)(9) with respect to confidential communication for all residents found at Shawnee County Youth Center. In particular, the defendants agree to the following:
A. Defendants agree upon the written request of any juvenile at Shawnee County Youth Center to speak with his or her attorney of record, that an attempt to contact the attorney *vilî be made, or a message will be left with the attorney's office before 4:30 p.m. of the day the request is made. Written request made after 4:30 p.m. of the day the request is made shall be honored by 12:00 noon of the following day.
B. Defendants agree upon the written request of any juvenile at Shawnee County Youth Center to speak with plaintiffs' counsel, an attempt to contact the juvenile's attorney of record, natural parent, or legal guardian will be made or a message will
24

be left with the attorney's office before 4:30 p.m. of the day the request is made. Written requests made after 4:30 p.m. of the day the request is made shall be honored by 12:00 noon of the following working day.
If no response is received within 48 hours of the initial request, defendants' counsel will send a certified letter to the juvenile's attorney of record, natural parent, or legal guardian providing notification that access to the juvenile will be granted to plaintiffs' counsel unless they respond within seven (7) days from the date of the certified letter. If consent is given or refused, defendants will promptly notify plaintiffs' counsel. If approved, subsequent requests by the juvenile to speak with plaintiffs' counsel shall not be conditioned upon obtaining renewed consent.
This procedure shall not impair the right of the juvenile to raise questions of compliance with this Consent Decree pursuant to paragraph 4 of Section XXIV of the Decree. The parties agree that there will be a review of the 7-day provision contained in paragraph (B) at the end of three months from the time this agreement is approved. Any dispute with respect to the 7-day provision will be submitted to the Judge of the United States District Court for resolution at that time.
C. The defendants shall ensure the confidentiality of all communications between juveniles at Shawnee County Youth Center and their attorneys, including telephone conversations, visits and correspondence.
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XIII. ADEQUACY OF STAFF 1. The facility shall provide adequate male and female staff to directly supervise and interact with the juveniles at all times and to provide for their physical, social and emotional well being. There shall be sufficient staff on duty at all times to satisfy the minimum staff-to-resident ratio as set out in Kansas Administrative Regulation 28-4-353(e).
XIV. STRIP SEARCH 1. Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-357(5)(B) with respect to strip searches conducted at Shawnee County Youth Center.
XV. PSYCHOLOGICAL AND VERBAL ABUSE 1. Psychological and verbal abuse by staff is prohibited. The grievance procedure shall be followed in the investigation and resolution of all complaints of staff abuse. Reports of abuse shall be submitted to the Director and a special incident report shall be prepared. 2. Staff members who have been accused of physically abusing a juvenile shall be removed from direct contact with the juvenile pending final resolution of the investigation regarding the complaint.
XVI. MEDICAL AND HEALTH CARE SERVICES 1. Shawnee County Youth Center shall have a physician licensed to practice medicine in Kansas as a medical consultant
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who shall be designated the responsible physician who will oversee and be responsible for medical and health care services at Shawnee County Youth Center. The responsible physician or his/her designee shall be on call 24 hours/day, 7 days/week for immediate access by correction or nursing staff. The facility shall enter into a written agreement with an area medical facility to provide medical services which cannot be provided within its facilities, including 24 hour emergency medical care.
2. A health history checklist shall be completed for each juvenile at the time of admission. The checklist shall be completed by the person who admits the juvenile, using forms supplied or approved by the Kansas Department of Health and Environment. The checklist shall serve as a guide to determine if a juvenile is in need of immediate medical attention or should be placed in medical isolation.
3. Shawnee County Youth Center's physician shall be contacted for any juvenile who is taking a prescribed medication at the time of admission for evaluation, so that treatment is not interrupted.
4. Shawnee County Youth Center's physician shall be contacted to evaluate and recommend treatment of any juvenile who has acute symptoms of illness, or who has a chronic illness, or who has a serious injury.
5. Juveniles shall be screened for communicable diseases at the time of admission. If there is reason to believe that a juvenile has a communicable disease, that juvenile shall be
27

examined and tested by qualified medical personnel before being released from medical isolation. A juvenile who has a communicable disease other than AIDS will be placed in medical isolation in his/her room until determined by qualified medical personnel to be no longer contagious. Communicable diseases shall be reported within 24 hours of diagnosis or by the next working day to the Shawnee County Health Department.
A dental screening shall be conducted upon each juvenile at admission, and follow-up emergency dental care shall be provided as needed. The juvenile's record shall include a report of a dental examination obtained within one year before or 60 days after admission.
6. Chronic care, convalescent care and preventative care shall be provided when medically indicated.
7. Within 72 hours of admission, juveniles shall have a review of the health history checklist by a physician or nurse. Based upon health indicators derived from the checklist or in the absence of documentation of a screening within the past 24 months, the physician or nurse shall determine whether a full screening and health assessment are necessary.
8. The screening and health assessment shall be completed within ten (10) days of admission and shall be based upon guidelines provided or approved by the Kansas Department of Health and Environment.
9. Each juvenile shall receive a tuberculin skin test, and appropriate treatment or prophylaxis shall be provided to all
28

positive tuberculin reactors. 10. Maternity care shall be provided to pregnant residents
in accordance with the provisions of Kansas Administrative Regulation 28-4-279.
11. At the time of admission to the facility, juveniles shall be informed in writing of the procedures for gaining access to medical services.
12. Juveniles' medical complaints shall be monitored and responded to daily. Appropriate treatment by qualified personnel shall follow.
13. Screening and referral for appropriate care shall be provided to mentally ill or retarded juveniles.
14. A written medical treatment plan for each juvenile requiring close medical supervision shall be developed by a health nurse in consultation with a physician, which includes directions to medical and nonmedical personnel regarding their roles in the care and supervision of these patients.
15. Detoxification from alcohol, opiates, barbiturates and similar drugs shall be performed only under medical supervision.
16. Prescription medication shall be administered by a nurse or a designated qualified staff member, from a pharmacy container labeled with the juvenile's name, the name of the medication, the dosage, the dosage intervals, name of physician, and date prescription was filled.
17. Any changes of prescription or directions for administering a prescription medication shall be authorized in
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writing by a physician, with documentation in the juvenile's file. 18. All medication, including non-prescription medication,
shall be given only in accordance with label directions unless ordered differently by a licensed physician. A record shall be kept in the juvenile's file documenting the name of the person who gave the medication, the dosage and the date and time it was given.
19. The type of medication prescribed for juveniles and the reason for its use is confidential and its confidentiality shall be preserved by Shawnee County Youth Center staff at all times.
20. A current health record shall be kept for each juvenile which includes the juvenile's current immunization record; health history checklist; documentation of the review of the health history checklist and the decision regarding the need for further screening and health assessment; tuberculin skin test report; medical contacts, including all examinations, diagnoses, prescriptions and administration of all medications, and entries regarding the juvenile's health care plan.
21. Shawnee County Youth Center shall obtain a written consent from each juvenile's parent or legal guardian for necessary medical and dental care.
22. Each parent or legal guardian shall be immediately notified when serious injury to, death or hospitalization of a juvenile occurs.
23. Each staff member who will have contact with juveniles at Shawnee County Youth Center shall receive a health examination
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within one year before employment, which shall include a tuberculin skin test. If there is a positive reaction, proof of proper treatment or prophylaxis, according to ...current Kansas Department of Health and Environment guidelines, shall be required.
24. Each staff member caring for juveniles at Shawnee County Youth Center shall be free from communicable disease, free from physical, mental or emotional handicaps which would impair his or her ability to perform the responsibilities of the job, and free from impaired ability due to the use of alcohol or other drugs.
25. All staff at Shawnee County Youth Center shall have current training in basic first aid, including rescue breathing.
26. Adequate space, equipment, supplies and materials, as determined by the responsible physician, shall be provided for the performance of primary health care delivery in the facility.
27. First aid supplies shall be available in all facilities. 28. Smoking shall not be permitted in the Shawnee County Youth Center facility. 29. Professional consultant services, including those of physicians, dentists, nurses, psychologists and psychiatrists shall be available as required to meet the needs of juveniles at Shawnee County Youth Center.
XVII. DISCIPLINE AND SANCTIONS 1. The facility administrator shall be responsible for establishing a system of behavior management. The system shall be
31

designed to provide incentives for positive behaviors and for

proportional measures of accountability for negative behaviors.

The system shall provide written guidelines for parameters that

are readily identifiable and easily understood by residents and

staff. A verbal and written explanation of the behavior

management system shall be provided to all residents as part of a

formal orientation conducted by program staff. The behavior

management system shall include, but need not be limited to, the

following:

A. A design that incorporates the principles of child

and adolescent growth and development;

B. Identification of positive behaviors that residents

are encouraged to exhibit which may include:

i.

Cooperation;

ii. Relationships with peers;

iii. Relationships with authority;

iv. Management of conflict;

v.

Demonstration of accepted social values;

vi. Personal hygiene habits;

vii. Nutritional habits;

viii. Care of property; and

ix. Use of time and resources.

C. Proportional incentives and rewards for residents

who exhibit the identified positive behaviors (e.g., including

enhanced privileges such as special visits, long distance

telephone calls, music, movies, treats, events);

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D. Procedures to routinely evaluate, as well as provide feedback to, residents regarding their progress in the behavior management system; and
E. A system of disciplinary measures to hold residents proportionately accountable for negative behaviors, with prohibitions against:
i. Permitting a resident to administer discipline to another resident;
ii. Denying visitation with parents or the juvenile's attorney;
iii. Withholding or altering meals or snacks; iv. Use of drugs; v. Use of corporal, abusive or degrading disciplinary measures.
XVIII. GRIEVANCE PROCEDURE 1. The facility administrator shall establish a grievance and appeals procedure for residents through which they may resolve issues and concerns relating to their care and treatment. An age and language-appropriate written and verbal explanation of the procedures to be followed for grievances or appeals shall be provided to all residents as part of a formal orientation conducted by program staff. The grievance and appeals procedure shall have the following requirements:
A. A written summary of the circumstances relating to the grievance and/or appeal provided by the resident;
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i. For residents that have limited communication skills, a non-involved staff person shall be provided to assist in the preparation of the grievance and/or appeal;
B. Written responses to all grievances and appeals, including the reason for the decision;
C. A response, which includes an explanation to the resident as to what will occur, within 24 hours with special provisions for responding to emergencies;
D. Supervisory review of grievances and appeals within 72 hours;
E. Participation by staff and residents in the procedures design and operation;
F. Access by all juveniles to the grievance procedure, with guarantees against reprisals;
G· The ability of residents to grieve any behavior or disciplinary action of Shawnee County Youth Center staff or other juveniles.
XIX. EDUCATION 1. A regular schedule of instruction and related educational services appropriate to the needs of each juvenile shall be offered to each juvenile at Shawnee County Youth Center. 2. During the local school year, each juvenile at Shawnee County Youth Center shall receive a minimum of six (6) hours of instruction per day, excluding weekends and holidays, unless a special education student's IEP specifically indicates otherwise.
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For purposes of this provision, one hour of instruction is deemed to be the equivalent of one regular school period, unless otherwise defined by state statute or regulation.
3. The third-party defendant U.S.D. 501 will provide educational services to every juvenile who is subject to the compulsory attendance requirements of the state of Kansas, as set forth in K.S.A. 72-1111 and K.S.A. 72-977 and amendments thereto, including each juvenile who has been determined to be an exceptional child and for whom special education services have been determined to be necessary. U.S.D. 501 is not required to provide educational services to juveniles during a period when such juveniles are expelled or suspended for an extended term from their most recent educational placement. However, U.S.D. 501 will provide educational services to all juveniles at Shawnee County Youth Center not specifically described above, including juveniles who are currently expelled or suspended, who desire to receive such services and who elect to participate in the educational program offered by U.S.D. 501. Provision of educational services for both mandatory and voluntary participants in the U.S.D. 501 program shall be conditioned upon adherence to reasonable rules of behavior established by U.S.D. 501. Instructional services for juveniles at Shawnee County Youth Center who are not subject to state compulsory attendance requirements and who elect not to participate in the program offered by U.S.D. 501 shall be provided by the defendants. U.S.D. 501 will assist and cooperate with the defendants in developing an educational program for the
35

defendants' use in providing instruction to those residents who do not participate in the program offered by U.S.D. 501. However, U.S.D. 501 will have no responsibility for the implementation of this program.
4. Beginning with the fall semester of school year 1995/ 1996, U.S.D. 501 shall furnish two (2) full-time certified teachers for the provision of classroom instruction and other educational services of residents of Shawnee County Youth Center.
5. Between the time of admission to Shawnee County Youth Center and the detention hearing, every juvenile admitted to Shawnee County Youth Center who is not required to participate in the education program offered by U.S.D. 501 shall be given the opportunity to elect to participate in this program. The juvenile shall be given a description of both the educational program offered by U.S.D. 501 and the alternative program provided by Shawnee County Youth Center staff to assist the juvenile in making this election. A juvenile who initially chooses not to participate in the program offered by U.S.D. 501, and who subsequently wishes to participate in that program may be permitted to do so, in the discretion of and pursuant to reasonable conditions established by U.S.D. 501.
6. Basic information concerning a juvenile's education and background shall be obtained from the juvenile, either as a part of the procedure for admission of the juvenile to Shawnee County Youth Center, or at some time prior to the juvenile's detention hearing. This information shall be collected for the purpose of
36

enabling the educational personnel at Shawnee County Youth Center to promptly contact the juvenile's home district for additional information and appropriate educational records if the juvenile is ordered detained at Shawnee County Youth Center and will participate in the educational program offered by U.S.D. 501, and to assist educational planning for the juvenile until the additional information and appropriate records are obtained. It should include, but need not be limited to:
A. The juvenile's current educational placement, including the school district, school, grade level and courses enrolled in;
B. Whether the juvenile has a current IEP; C. The juvenile's most recent educational placement, if not currently enrolled, including the school district, school, grade level and courses enrolled in, the date of last attendance, and the reason for discontinuing attendance; and D. Whether the juvenile has obtained a GED. 7. On the next scheduled school day after a detention hearing at which a juvenile is ordered detained at Shawnee County Youth Center, a functional assessment shall be administered by qualified educational personnel to each juvenile who will participate in the U.S.D. 501 educational program to assess general academic functioning and to assist in placing the juvenile in appropriate grade levels in various subject areas. 8. No later than the next scheduled school day after a detention hearing at which a juvenile is ordered detained at
37

Shawnee County Youth Center, an oral or written request for educational information concerning each juvenile who will participate in the U.S.D. 501 education program shall be made to the juvenile's home school district and/or prior residential placement. This request shall include, but need not be limited to:
A. The juvenile's most recent educational placement, including grade level, courses enrolled in, and current assignments;
B. Any exceptionality; C. Any current Individual Educational Plan (IEP); and D. Grade, progress, attendance and behavioral reports. The third-party defendant U.S.D. 501 shall instruct all schools within U.S.D. 501 to respond to such requests within two (2) working days. All information and records shall be maintained in the resident's file at Shawnee County Youth Center, consistent with state and federal laws. 9. A plan to meet the educational needs of each juvenile participating in the U.S.D. 501 education program shall be developed, using the information obtained pursuant to paragraphs 6-8 above, which shall provide for a regular schedule of instruction and related educational services appropriate to the needs of the juvenile. This plan shall be developed within 24 hours, excluding weekends and holidays, of the completion of the functional assessment and receipt of the juvenile's educational information and shall include, but need not be limited to, the
38

subjects in which instruction will be provided, the texts and/or other materials to be used, and the means by which the juvenile's progress will be evaluated.
10. Each juvenile ordered detained at Shawnee County Youth Center shall begin participation in the education program no later than the next scheduled school day after the detention hearing. For those juveniles who are participating in the U.S.D. 501 education program, a temporary plan based upon the functional assessment, information obtained from the juvenile, and any other pertinent information available to educational personnel at Shawnee County Youth Center shall be utilized until the planning described in paragraph 9 above has been developed.
11. For each participant in the U·S.D. 501 educational program who is currently enrolled in a Kansas public school, contact shall be made with the juvenile's home school district to maintain the continuity of each juvenile's education. Unless inappropriate, a request shall be made to obtain assignments from the juvenile's home school district on a regular and periodic basis during the juvenile's stay at Shawnee County Youth Center. Grade and progress reports shall be provided on a regular basis to the home school district so that the child may receive credit for the work completed.
12. A core curriculum of instruction in the areas of language arts, calculations, non-laboratory science and social studies shall be provided to participants in the education program offered by U.S.D. 501. Instruction and/or assistance in other
39

areas shall be offered whenever feasible as part of a plan to maintain the continuity of a juvenile's education in his or her home school. A minimum of four (4) regular periods per school day shall be devoted to instruction in core subjects, unless educationally inappropriate for a particular student. It is not necessary to provide instruction in four separate core subjects in order to satisfy this requirement. In addition to the core curriculum, instruction by or under the direction or supervision of certified teachers may also be offered in areas such as a computer skills, social and life skills, physical education and other topics. Assistance in preparing for the GED examination shall be offered to participants in the U.S.D. 501 program who are not currently enrolled in a home school and who wish to obtain a GED.
13. If a juvenile at Shawnee County Youth Center has been identified as exceptional and has a current IEP, the IEP, including related services, will be obtained and implemented at Shawnee County Youth Center except in those instances where implementation of IEP, or a portion thereof, is not reasonably calculated to confer educational benefit upon the juvenile. Instruction for exceptional children with IEPs shall be provided by teachers certified in special education, unless instruction of such children by teachers without special education certification is appropriate and consistent with the child's IEP. If the provisions of this paragraph are inconsistent with the
40

requirements of paragraph 12 above, the provisions of this paragraph shall take precedence.
14. If modifications to a juvenile's IEP are desirable or necessary, all provisions set out in federal and state laws and regulations for revision of IEPs shall be observed.
15. U.S.D. 501 shall afford all exceptional children at Shawnee County Youth Center, who are participating in its educational program and their parents, the due process rights set out in federal and state statutes and regulations with respect to special education actions taken or proposed by U.S.D. 501 while the juvenile is at Shawnee County Youth Center. Ü.S.D. 501 shall not be required to assume responsibility for due process proceedings pending in another school district at the time of the juvenile's admission to Shawnee County Youth Center, or to afford due process rights with respect to special education taken or proposed by another school district. If a juvenile's release from Shawnee County Youth Center is scheduled to take place within ten (10) school days from the date a request for a due process hearing is received, U.S.D. 501 is not required to provide the hearing.
16. Appropriate steps shall be taken by U.S.D. 501 to screen and perform a comprehensive evaluation for juveniles participating in its education program at Shawnee County Youth Center who have not been identified as exceptional and who do not have an IEP, but who may appear to be in need of special education services, unless a juvenile's predicted length of stay at Shawnee County Youth Center would not permit such steps to be meaningfully initiated.
41

If indicated, a multidisciplinary comprehensive diagnostic evaluation shall be conducted. In making such determinations, due consideration shall be given to the emotional distress and anxiety which often accompany secure detention and the impact of these emotions upon a juvenile's ability to learn or function normally in an educational environment, as well as the unique features of the educational environment at Shawnee County Youth Center. All assessments shall be done in the juvenile's primary language.
17. Educational programming and services shall be offered at Shawnee County Youth Center throughout the regular school year. Depending upon the availability of funding, a supplemental summer program will be offered by U.S.D. 501.
18. All reasonable efforts shall be made to obtain substitute teachers when regular teachers in the U.S.D. 501 program are unable to be present.
19. The educational program shall be integrated into the facility's behavior management and security systems. Educational staff shall participate in resident staffings and briefings, when appropriate, in order to ensure that appropriate behaviors are generalized, transferred and maintained in settings other than the classroom.
20. Educational staff shall be entitled to participate in all general staff meetings of the facility and shall be consulted on administrative decisions that may affect educational programming for residents at Shawnee County Youth Center.
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21. The U.S.D. 501 education program shall receive supervision and evaluation on a regular and thorough basis by administrative personnel from U.S.D. 501, with Shawnee County Youth Center staff assistance provided as needed. The program supervisor will make at least quarterly site visits to Shawnee County Youth Center to provide supervision to Ü·S.D. 501 educational personnel, to coordinate and consult with Shawnee County Youth Center staff concerning the provision of educational services to all Shawnee County Youth Center residents, and to verify information provided to the program supervisor by U.S.D. 501 educational personnel.
22. The following information will be furnished by U.S.D. 501 education personnel at Shawnee County Youth Center to the U.S.D. 501 program supervisor at least quarterly:
A. A brief description of the schedule and course offerings;
B. Descriptive statistics to include: 1. Number of students participating; 2. Age, grade, district and school of attendance of participating students; 3. Number of special education students; 4. Average daily attendance and average number of days attended; 5. Range of daily attendance and number of days attended; 6. Other information as determined by management needed.
43

C. Samples of plans developed to meet the educational needs of residents participating in the program;
D. Samples of progress reports on those students with over five consecutive days of school attendance; and
E. Number of requests for related services and comprehensive evaluations, and the responses made to these requests.
This information and material will be assembled and furnished by the U.S.D. 501 program supervisor to counsel for the plaintiffs on a quarterly basis. In addition, the program supervisor shall furnish to counsel for the plaintiffs a copy of the initial annual U.S.D. 501 budget for its education program at Shawnee County Youth Center, a copy of any initial application for a grant of state moneys submitted to the Kansas Board of Education pursuant to K.S.A. 72-8187, and a copy of any initial request for and allocation of Chapter 1 funds for the provision of educational services at Shawnee County Youth Center. These documents shall be furnished to plaintiffs' counsel within thirty days of finalization or receipt, as applicable.
23. Adequate and appropriate space and furnishings for the required classroom instruction and related educational services shall be made available by the defendants.
24. Materials and equipment appropriate to meet the educational needs of juveniles at Shawnee County Youth Center shall be provided, including, but not limited to, an adequate
44

number of computers and appropriate software, curricular materials, text books, and resource books.
25. A safe and secure educational environment for juveniles and educational staff will be provided by the defendants.
26. The third-party defendant U.S.D. 501 shall use its best efforts, to obtain an adequate amount of federal and state funding for use in providing educational and related services to residents at Shawnee County Youth Center, and shall ensure that all funds so obtained are utilized for their intended purposes. The insufficiency of federal and state funds to fully fund the provisions of this section shall not relieve the third-party defendant U.S.D. 501 of its obligations under this section. However, a substantial reduction in the funds currently available to U.S.D. 501 for the provision of educational services to students in juvenile detention centers shall constitute a sufficient basis for U.S.D. 501 to petition the court for appropriate relief.
XX. FACILITY STAFFING AND TRAINING 1. Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-353a(h) with respect to staff professional development and training for all staff at the Shawnee County Youth Center. 2. The facility staff development and training program will be planned, coordinated and supervised by a qualified supervisory employee.
45

3. The facility's staff development and training program will be evaluated and updated based on an annual assessment that identifies current job-related training needs.

XXI. CLASSIFICATION

1. The facility shall maintain a system of classifying

residents upon admission which will ensure that each resident is

protected from the threat of harm, violence and suicide.

2. Classification

procedure

shall provide for

identification of the least restrictive placement, consistent with

the individual needs of the juvenile and the security needs of the

facility and other residents.

3. The facility shall screen all residents upon admission

utilizing a standardized, objective classification or risk

assessment instrument to determine the risk of suicide, serious

emotional disturbance and danger to others at the facility, as

well as to determine the appropriate level of restrictiveness.

Residents determined to be at risk of suicide or severe emotional

disturbance shall receive mental health assessment and treatment.

4. To the maximum extent possible, the facility shall

control and/or separate the following residents:

A. Dangerous residents from those who are not;

B. Male and female residents;

C. Emotionally disturbed and/or suicidal residents

from those who are not;

D. Children in need of care from juvenile offenders;

46

E. Young residents from older residents. 5. The facility shall provide each resident with a copy of a resident handbook. The purpose of this handbook is to advise residents of their rights and inform them about the institutional program, applicable rules of conduct, and potential sanctions for violations of rules. The facility shall make the handbook available in Spanish. 6. The facility shall also provide an orientation for each newly admitted resident. The orientation shall include information on the rights of residents in the institutional program, responsibilities of residents in secure confinement, rules of conduct, and potential sanctions.
XXII. FACILITY PROGRAMS 1. The facility shall maintain a written plan and daily routine for all juveniles which shall include meals, rest and sleep, personal hygiene, physical exercise, recreation, counseling, education and social services. All volunteers utilized by Shawnee County Youth Center shall be screened and provided with appropriate training and supervision.
XXIII. TERM OF CONSENT DECREE 1. All parties will be in compliance with this Consent Decree within thirty (30) days following the entry of the Court's Order. The Consent Decree will remain in full force and effect until• such time as all residents are fully removed from the
47

current Shawnee County Youth Center facility and placed in the new facility.
XXIV. ENFORCEMENT AND MONITORING 1. Bruce Linhos is hereby designated to monitor and oversee the implementation of the terms of this Consent Decree and/or the plan or plans established to implement the terms of the Consent Decree. The Board of County Commissioners of Shawnee County shall bear the responsibility for payment of all reasonable and necessary costs of the monitoring, pursuant to a schedule or agreement to be approved by the Court. If the Monitor subsequently becomes unable or unwilling to perform his duties, the parties will designate a replacement Monitor, who shall be subject to approval by the Court. If the parties are unable to agree upon a replacement Monitor within thirty (30) days after learning of the current Monitor's inability or unwillingness to continue to serve in that capacity, the Court shall appoint a replacement Monitor. Section XIX, Education, shall govern the monitoring of the educational program conducted at the Shawnee County Youth Center by third party defendant U.S.D. 501. All persons asserting any claim or demand concerning or involving the educational program conducted at the Shawnee County Youth Center by third party defendant U.S.D. 501 must first fully exhaust all administrative remedies available to such persons before any claim or demand may be asserted against third party defendant U.S.D. 501 under this
48

Settlement Agreement and Consent Decree. In the event no administrative remedy is applicable to such claim or demand, or all available administrative remedies have been exhausted, the same must first be presented to the monitor for consideration as otherwise provided in this Section XXIV, Enforcement and Monitoring. The provisions of this subsection shall also apply to any claims or demands made under this Settlement Agreement and Consent Decree by the defendants against third party defendant U.S.D. 501.
2. The Monitor shall inspect the Shawnee County Youth Center facility within ninety (90) days of the entry of the Consent Decree and once every six (6) months thereafter. The Monitor may inspect more often to observe facility action in response to identified problems. The facility shall cooperate fully with the Monitor's inspections and make available to the Monitor necessary documentation, facility staff and residents for interviews as necessary. The Monitor need not inspect every six (6) months after one year following the signing of the Consent Decree if the Monitor determines that such inspections are not necessary.
3. The Monitor shall meet with all the parties together to discuss the findings contained in the Monitor's 90-day report. Thereafter, the Monitor shall issue a written report within thirty (30) days of any inspection describing the facility's progress in achieving compliance with this Consent Decree and its
49

implementation plans. The Monitor shall provide copies of the report to the Court and the parties. Any party may respond to any report filed by the Monitor within ten (10) days after receipt of the report, requesting that the Monitor revise any findings or conclusions contained in the report. The Monitor shall respond to such requests within ten (10) days after receipt. The report of the Monitor shall be final and binding unless any party files objections with the Court within thirty (30) days after receipt of the report, or of any modification thereto. The Court shall hear the matters de novo, and the burden of persuasion shall be on the party filing the objections. The parties will take prompt action to remedy any areas of noncompliance with the Consent Decree cited in the Monitor's report, or any modification thereof, except for any provisions of the report to which they file objections with the Court.
4. Any party may raise questions of compliance with this Consent Decree and its implementation plans. Any party's questions of compliance and all individual complaints regarding compliance with this Consent Decree must first be presented to the Monitor. If the Monitor is unable to resolve the questions informally, any party may request that the Monitor make findings of fact within ten (10) days after the failure of the Monitor's efforts at informal resolution. The Monitor shall make such findings of fact within ten (10) days after receipt of a request therefor. The findings of fact shall be final and binding unless
50

any party files objections with the Court within thirty (30) days. The Court shall hear the matter de novo and the burden of persuasion shall be on the party filing the objections.
5. This Consent Decree resolves all matters of issue between the parties with the exception of plaintiffs' claims for attorneys' fees and costs. Counsel for plaintiffs further agree to forthwith dismiss the pending administrative complaint filed with the Kansas State Board of Education on or about August 1, 1994. Plaintiffs and their counsel agree that they will not claim prevailing party status in this litigation by virtue of the parties' agreement to stipulate to class certification and monitoring. Plaintiffs and their counsel agree that the time period for which attorneys' fees and costs are sought terminates upon approval of this Consent Decree by the Court. Plaintiffs and their counsel agree that they will not claim attorneys' fees and costs for prosecution of the issue of attorneys' fees in the District Court unless there is a finding of bad faith on the part of the defendants. The parties agree in the event of an appeal by defendants of an adverse ruling by the District Court on the issue of plaintiffs' attorneys' fees and costs, plaintiffs are entitled to seek attorneys' fees and costs for the time spent in preparation on appeal. All parties further agree that defendants or third party defendants shall not be liable to pay any or all of plaintiffs' attorneys' fees or costs to monitor and enforce this Consent Decree after it is signed unless the Court finds defendants or third party defendants to be in contempt.
51

6. Counsel for defendant Board of County Commissioners shall provide to plaintiffs' counsel a daily population count and list of known offenses on the 1st and 15th day of each month for ninety (90) days following the signing of this Consent Decree.

XXV. CLASS CERTIFICATION

This action is certified as a class action pursuant to Rule

23(a) and (b)(2) of the Federal Rules of Civil Procedure and is

binding on all current and future class members. Plaintiffs T.Y.,

D.S. and B.A. are certified as class representatives for a class

consisting of all juveniles who are or will be confined at the

Shawnee County Youth Center during the term of this Consent

Decree. The class is represented by attorneys Larry Rute of

Kansas Legal Services, Inc. and Claudia J. York of Shughart,

Thomson and Kilroy, P.C.

IT IS SO ORDERED.

Entered this

day of

, 1995.

APPROVED:

Dale E. Saffels United States District Judge

Larry R. Rute, No. 815 0 Judy Jones, No. 13626 KANSAS LEGAL SERVICES 712 S. Kansas Avenue, 2nd Floor Topeka, Kansas 66603 (913) 233-2068 FAX: (913) 354-8311

Claudia J. York SHUGHART, THOMSON & KILROY, PC Mo. Bar No. 27220 120 West 12th Street Kansas City, Missouri 64105 (816) 421-3355 FAX: (816) 374-0509

52

and
Charles J. Hyland SHUGHART, THOMSON & KILROY, PC Ks. Bar No. 14613 32 Corporate Woods, Suite 1100 9225 Indian Creek Parkway Overland Park, Kansas 66210 (913) 451-3361
Attorneys for Plaintiffs

Ann L. Hoover, No. 9566 Mark L· Bennett, Jr., No. 5781 BENNETT & DILLON L.L.P. 1605 S.W. 37th Street Topeka, Kansas 66611 (913) 267-5063

Sandra L. Jacquot, No. 14121 Susana L. Valdovinos, No. 13866 Office of County Counselor Shawnee County Courthouse 200 S.E. 7th Street, Room 102 Topeka, Kansas 66603-3922 (913) 233-8200, Ext. 4042

Attorneys for Defendants and Third-Party Plaintiffs

Michael George, No. 10400 Kenneth R. Smith, No. 10598 Department of Social and
Rehabilitation Services Docking State Office Bldg. Room 530 915 S.E. Harrison Street (913) 296-3967
Attorneys for Third-Party Defendants State of Kansas Department of Social and Rehabilitation
Services and Donna L. Whiteman

53

Arthur E. Palmer, No. 05949 John D. Ensley, No. 11626 GOODELL, STRATTON, EDMONDS
& PALMER, LLP 515 S. Kansas Avenue Topeka, KS 66603 (913) 233-0595
Attorneys for Third Party Defendant U.S.D. No. 501, Shawnee County, Kansas
54

DETENTION ASSESSMENT (Revised 5-9-95)

I. PRELIMINARY ASSESSMENT

A. Detain on all district court judicial warrants. If SCYC population exceeds 20 or more, contact the crmrt or call the .Judge.
B. Arrest report for Felony involving violence to persons.
C Arrest íör battery of a residential provider

Yes No ¦_
Yes No __¦_
i
Yes No I

D. Alleged violation of burglary, weapon involved, or sale of drug

Yes No __[_

AND in addition:

Y N Prior failure to appear, or Y N Presently awaiting adjudication or disposition: or Y N Prior arrests for crimes of violence
(Release if No - Complete ïï if any are Yes)

n. DETENTION ASSESSMENT

(Circle one in each, category)

A. Most Serious Current Offense

1. Any Felony Involving Violence to Persons or Any Felony

12

Involving Weapons or Sale of Drugs

2. Other Felony

¯

9

3. Any Felony Warrant Outside Jurisdiction

12

4. Any DUI. Reckless or Eluding

6

B. Other Cases 1. Each Felony Arrest or Pending Case Involving a Weapon

2. Each Misdemeanor Arrest or Pending Case

1

3. Each Felony Within Past Week ¯

6

4. Arrest for Battery of a residential provider

C. Prior Adjudications

1. Each Felony Adjudication in Last 12 Months

6

2. Each Misdemeanor Adjudication in Last 12 Months

3

D. Legal Status

L Presently Committed to Any State Youth Center

12

2. Presently Placed Out of Home and Last Adjudication

6

Within 90 Days

3. Presently Placed Out of Home and Last Adjudication

3

Over 90 Days

E. Aggravating or Mitigating Factors 1. DiüLricLJudge Contacted & Finds Aggravation (May Add 1-2 Points w/Reason(s) Documented)
2. District Judge Contacted & Finds Conduct Mitigated (May Subtract 1-2 Points W/Reason(s) Documented)

TOTAL SCORE [Add A türu E) 0-6=Considered Placement 7-H=Shelter Screen

12+=Secuxe Detention

 
 926 F.Supp. 162 (1996)
T.Y., a minor, by her next friend, Lynette PETTY, B.A., a minor, by his next friend, P.C., D.S., a minor by his next friends, A.M. and Lynette Petty, on behalf of themselves and all others
similarly situated, Plaintiffs, v.
BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF SHAWNEE: Donald J. Cooper, Chairman, Victor W. Miller, Vice-Chairman, Winifred Kingman, member of the Shawnee County Commission, in their official capacities; Earl Hindman, Director of the Shawnee
County Department of Corrections, in his official capacity; Gary Bayens, Administrator of Shawnee County Youth Center, in his official capacity, Defendants & Third-Party Plaintiffs,
v. STATE OF KANSAS, DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, and Donna L. Whiteman, the Secretary of Social and Rehabilitation Services, in her official
capacity; Board of Education-Unified School District 501, Shawnee County, Kansas, Third-Party Defendants.
Civil Action No. 94-4079-DES.
United States District Court, D.Kansas.
May 7, 1996.
163 *163 Larry R. Rute, Kansas Legal Services, Inc., Topeka, KS, Claudia J. York, Shughart, Thomson & Kilroy, Kansas City, MO, Charles J. Hyland, Sprint Communications Company L.P., Law Department, Kansas City, MO, Judith A. Jones, Hiawatha, KS, for Lynette Petty, PC, AM, Lynette Petty.
Mark L. Bennett, Jr., Ann L. Hoover, Bennett & Dillon, Topeka, KS, Susana L. Valdovinos, Office of County Counselor, Topeka, KS, Sandra L. Jacquot, Office of the County Counselor, Shawnee County, Kansas, Topeka, KS, for County of Shawnee, Kansas, Donald J. Cooper, Victor W. Miller, Winifred Kingman, Earl Hindman, Gary (NMI) Bayens.
Michael George, Kenneth R. Smith, Kansas Department of SRS, Topeka, KS, for Kansas Department of Social and Rehabilitation Services, Donna L. Whiteman.
John D. Ensley, Arthur E. Palmer, Goodell, Stratton, Edmonds & Palmer, Topeka, KS, for Unified School District 501, Topeka, Shawnee County, Kansas.
MEMORANDUM AND ORDER
SAFFELS, District Judge.
This matter is before the court on the plaintiffs' (Doc. 157) and defendants' (Doc. 159) motions to reconsider the court's order of December 29, 1995, pursuant to Fed. R.Civ.P. 59(e) and D.Kan. Rule 7.3.
I. BACKGROUND
The plaintiffs filed this action on May 19, 1994, as a class action pursuant to 42 U.S.C. § 1983. The plaintiffs filed an amended complaint on June 3, 1994. The plaintiffs' suit challenged the conditions of confinement at the Shawnee County Youth Center ("SCYC"), and certain policies and practices employed in the administration of SCYC. On June 23, 1994, the plaintiffs filed a motion for a preliminary injunction to restrain the defendants from employing certain practices and procedures at SCYC pending final resolution of this action.

164 On July 5, 1994, the defendants filed an answer to the plaintiffs' complaint. The defendants *164 also filed on that date their complaint against the third-party defendants. The defendants submitted that they were not liable to the plaintiffs, but that in the alternative, judgment should be entered against the third-party defendants in an amount equal to the defendants' liability.
On August 2, 1994, the court approved a Joint Stipulation of Partial Settlement of Motion for Preliminary Injunction executed by the plaintiffs and defendants. In the stipulation, the defendants agreed to amend certain policies and practices to the extent they did not conform to Kansas Administrative Regulations. On November 21, 1994, the court approved a second Joint Stipulation of Partial Settlement, executed by the plaintiffs, the defendants, the Kansas Department of Social and Rehabilitation Services, and Donna Whiteman, Secretary of Social and Rehabilitation Services ("SRS"), which addressed the issue of overcrowding at SCYC. Finally, on July 28, 1995, the court approved a Settlement Agreement and Consent Decree executed by all parties. This third agreement settled all remaining issues in the case as to conditions, policies, and practices at SCYC.
On September 26, 1995, the plaintiffs filed a motion pursuant to 42 U.S.C. § 1988(b) for attorney's fees and costs in the amount of $210,976.26. On December 29, 1995, the court granted the plaintiffs' motion as modified, and awarded the plaintiffs $138,256.48.
II. DISCUSSION
"A motion to reconsider shall be based on (1) an intervening change in controlling law, (2) availability of new evidence, or (3) the need to correct clear error or prevent manifest injustice." D.Kan.Rule 7.3. A motion to alter or amend judgment pursuant to Fed.R.Civ.P. 59(e) is essentially a motion for reconsideration. Autorama Corp. v. Stewart, 802 F.2d 1284, 1286 (10th Cir.1986). Whether to grant a motion for reconsideration is committed to the court's sound discretion. Hancock v. City of Oklahoma City, 857 F.2d 1394, 1395 (10th Cir.1988).
A. Plaintiffs' Motion to Reconsider
In our December 29, 1995, Memorandum and Order, we concluded that third-party defendants SRS and Board of Education-Unified School District 501 ("501") were partially responsible for the relief obtained by the plaintiffs in regard to the important issues of overcrowding and education. We therefore reduced the award of attorney's fees against the defendants by twenty percent to represent that portion of the plaintiffs' fees attributable to the thirdparty defendants. Because the plaintiffs had not asserted a claim against the third-party defendants, however, the court could not assess fees against SRS or 501. See Beard v. Teska, 31 F.3d 942, 951 (10th Cir.1994) (a plaintiff cannot recover fees from "an entity against which plaintiff did not even attempt to prevail").
The plaintiffs agree with the court that they are not entitled to recover fees from SRS and 501. The plaintiffs ask the court to reconsider, however, its twenty percent reduction in the fee award. According to the plaintiffs, the court's ruling is not supported by the facts and is manifestly unjust.
In our December 29, 1995, order, we noted that Sections I and XIX of the July 29, 1995, Settlement Agreement and Consent Decree imposed requirements on SRS and 501. Section I addresses overcrowding at SCYC, the single greatest issue in this litigation, while Section XIX addresses education. We cited Durett v. Cohen, 790 F.2d 360, 363 (3d Cir. 1986), and Williamsburg Fair Hous. Comm. v. Ross-Rodney Hous. Corp., 599 F.Supp. 509, 513-14 (S.D.N.Y.1984), for the proposition that a district court has the discretion to reduce a fee award against a defendant where the plaintiff has obtained relief from a non-party or third-party defendant. We examined Sections I and XIX of the Settlement Agreement and determined that the extent of the plaintiffs' relief which was to be provided by SRS and 501 justified a twenty percent reduction in the fee award against the defendants.
The plaintiffs maintain, however, that they have obtained no relief from SRS in any meaningful way, and that the Settlement Agreement provisions in regard to SRS confer no direct benefit on them. According to the plaintiffs, 165 their main goal was to limit the *165 population at SCYC 0907 how this goal was achieved was of little consequence.

The method by which the parties chose to achieve this goal, however, involved SRS. Section I of the Settlement Agreement provides that SRS will either remove juvenile offenders from SCYC in a timely manner so as to allow the facility to operate within prescribed population limits, or increase its per diem compensation to SCYC. Section I also establishes the Shawnee County Juvenile Facility Population Control Task Force to monitor the resident population at SCYC. The Settlement Agreement provides that either the Secretary of SRS or her designee shall serve on this Task Force. While the plaintiffs assert that they were not concerned with the mechanics of how to maintain the SCYC population at the desired level, they signed an agreement which imposed substantial responsibility on SRS for controlling the population. The plaintiffs' argument that they have not obtained meaningful relief from SRS is therefore untenable.
The decision of whether to award attorney's fees under 42 U.S.C. § 1988, as well as the determination of a reasonable amount of fees, is a matter within the sound discretion of the trial court. United States v. State of Wash., 935 F.2d 1059, 1061 (9th Cir.1991). The plaintiffs do not cite any case law which would prohibit the court from reducing a fee award where a portion of the plaintiff's relief has come from parties other than the defendants. Because the plaintiffs have failed to show that the court's order of December 29, 1995, is the result of clear error or is manifestly unjust, the court denies the plaintiffs' motion to reconsider.
B. Defendants' Motion to Reconsider
The defendants first contend that the amount of fees awarded to the plaintiffs should be reduced to reflect duplicate time entries, travel and clerical time, and excessive time spent in researching and familiarizing themselves with the case. The defendants cite specific examples from counsel's time records in support of their argument.
The billing information to which the defendants now direct the court's attention was available to the defendants at the time they filed their response to the plaintiffs' motion for attorney's fees. In their response, the defendants identified only three time entries which they claimed represented excessive time expenditures, and failed to specify which time entries they believed represented noncompensable tasks. A motion to reconsider cannot be used to present evidence that could have been adduced during the pendency of the original motion. All West Pet Supply Co. v. Hill's Pet Prods., 847 F.Supp. 858, 860 (D.Kan.1994). "A party's failure to present his strongest case in the first instance does not entitle him to a second chance in the form of a motion to amend." Torre v. Federated Mut. Ins. Co., 906 F.Supp. 616, 618 (D.Kan.1995). The court therefore declines to now examine time entries to which the defendants could have objected before.
The defendants also argue that the court should lower the hourly rate awarded, and reduce the total fee award by a percentage greater than the twenty percent reduction already applied. The court previously addressed and rejected the defendants' arguments on these issues, and shall not revisit these arguments upon the defendant's motion to reconsider. See All West Pet Supply, 847 F.Supp. at 860 (a motion to reconsider or to alter or amend may not be used to rehash arguments previously considered and rejected). The defendants have failed to show that the court committed manifest error in setting the amount of the plaintiffs' fee award, and their motion to reconsider must thus be denied.
IT IS BY THE COURT THEREFORE ORDERED that the plaintiffs' motion to reconsider (Doc. 157) is denied.
IT IS FURTHER ORDERED that the defendants' motion to reconsider (Doc. 159) is denied.
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 912 F.Supp. 1416 (1995)

T.Y., a minor, by her next friend, Lynette PETTY, B.A., a minor, by his next friend, P.C., D.S.,

a minor by his next friends, A.M. and Lynette Petty, on behalf of themselves and all others

similarly situated, Plaintiffs,

v.

BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF SHAWNEE; Donald J. Cooper,

Chairman, Victor W. Miller, Vice-Chairman, Winifred Kingman, member of the Shawnee

1417

County Commission, in their official capacities; *1417 Earl Hindman, Director of the

Shawnee County Department of Corrections, in his official capacity; Gary Bayens,

Administrator of Shawnee County Youth Center, in his official capacity, Defendants and

Third-Party Plaintiffs,

v.

STATE OF KANSAS, DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, and

Donna L. Whiteman, the Secretary of Social and Rehabilitation Services, in her official

capacity; Board of Education-Unified School District 501, Shawnee County, Kansas,

Third-Party Defendants.

Civil A. No. 94-4079-DES.
United States District Court, D. Kansas.
December 29, 1995.
1418 *1418 Larry R. Rute, Kansas Legal Services, Inc., Topeka, KS, Claudia J. York, Shughart, Thomson & Kilroy, Kansas City, MO, Charles J. Hyland, Sprint Communications Company L.P., Law Department, Kansas City, MO, and Judith A. Jones, Hiawatha, KS, for plaintiffs Lynette Petty.
Mark L. Bennett, Jr., Ann L. Hoover, Bennett & Dillon, Topeka, KS, Susana L. Valdovinos, and Sandra L. Jacquot, Office of the County Counselor, Shawnee County, Kansas, Topeka, KS, for County of Shawnee, Kan., Donald J. 1419 Cooper, Victor W. Miller, *1419 Winifred Kingman, Earl Hindman, and Gary (NMI) Bayens.
Michael George, Kenneth R. Smith, Kansas Department of SRS, Topeka, KS, for Kansas Department of Social and Rehabilitation Services, and Donna L. Whiteman.
John D. Ensley and Arthur E. Palmer, Goodell, Stratton, Edmonds & Palmer, Topeka, KS, for Unified School District 501, Topeka.

MEMORANDUM AND ORDER

SAFFELS, Senior District Judge. This matter is before the court on the plaintiffs' motion for attorney's fees and costs (Doc. 120).

I. BACKGROUND

The plaintiffs filed this action on May 19, 1994, as a class action pursuant to 42 U.S.C. § 1983. The plaintiffs filed an amended complaint on June 3, 1994. The plaintiffs' suit challenged the conditions of confinement at the Shawnee County Youth Center ("SCYC"), and certain policies and practices employed in the administration of SCYC. On June 23, 1994, the plaintiffs filed a motion for a preliminary injunction to restrain the defendants from employing certain practices and procedures at SCYC pending final resolution of this action.

On July 5, 1994, the defendants filed an answer to the plaintiffs' complaint. The defendants also filed on that date their complaint against the third-party defendants. The defendants submitted that they were not liable to the plaintiffs, but that in the alternative, judgment should be entered against the third-party defendants in an amount equal to the defendants' liability.
On August 2, 1994, the court approved a Joint Stipulation of Partial Settlement of Motion for Preliminary Injunction executed by the plaintiffs and defendants. In the stipulation, the defendants agreed to amend certain policies and practices to the extent they did not conform to Kansas Administrative Regulations. On November 21, 1994, the court approved a second Joint Stipulation of Partial Settlement, executed by the plaintiffs, the defendants, the Kansas Department of Social and Rehabilitation Services, and Donna L. Whiteman, Secretary of Social and Rehabilitation Services ("SRS"), which addressed the issue of overcrowding at SCYC. Finally, on July 28, 1995, the court approved a Settlement Agreement and Consent Decree executed by all parties. This third agreement settled all remaining issues in the case as to conditions, policies, and practices at SCYC.
II. DISCUSSION
A. Prevailing Party Status
42 U.S.C. § 1988(b) provides that "[i]n any action or proceeding to enforce a provision of section[] ... 1983 ... of this title, ... the court, in its discretion, may allow the prevailing party ... a reasonable attorney's fee as part of the costs." The purpose of the statute is to "ensure `effective access to the judicial process' for persons with civil rights grievances." Hensley v. Eckerhart, 461 U.S. 424, 429, 103 S.Ct. 1933, 1937, 76 L.Ed.2d 40 (1983) (quoting H.R.Rep. No. 1558, 94th Cong., 2d Sess. 1 (1976)), U.S.Code Cong. & Admin.News 1976 at 5908. In light of the statute's broad purpose, a prevailing plaintiff "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust." Id. at 429, 103 S.Ct. at 1937 (quoting Newman v. Piggie Park Enters., Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 966, 19 L.Ed.2d 1263 (1968)).
Courts have consistently held that a plaintiff may be a "prevailing party" under § 1988(b) even where there has been no judicial determination that the plaintiff's rights have been violated. See, e.g., Maher v. Gagne, 448 U.S. 122, 129, 100 S.Ct. 2570, 2574, 65 L.Ed.2d 653 (1980). The legislative history of the statute indicates that Congress intended such an interpretation. See S.Rep. No. 1011, 94th Cong., 2d Sess. 5 (1976), U.S.Code Cong. & Admin.News 1976 at 5912. ("for purposes of the award of counsel fees, parties may be considered to have prevailed when they vindicate rights through a consent judgment or without formally obtaining relief").
Where there has been no judicial determination on the merits, the Tenth Circuit applies a two-prong "catalyst" test 1420 to determine *1420 whether a plaintiff has prevailed for purposes of obtaining attorney's fees. Foremaster v. City
of St. George, 882 F.2d 1485, 1488 (10th Cir.1989), cert. denied, 495 U.S. 910, 110 S.Ct. 1937, 109 L.Ed.2d 300 (1990). "A plaintiff must show `(1) that [the] lawsuit is causally linked to securing the relief obtained, and (2) that the defendant's conduct in response to the lawsuit was required by law.'" Id. at 1488 (quoting J & J Anderson, Inc. v. Town of Erie, 767 F.2d 1469, 1473 (10th Cir.1985)). The Tenth Circuit elaborated on these requirements in Beard v. Teska, 31 F.3d 942, 952 (10th Cir.1994). To meet the first prong of the test, a plaintiff must show that its action "is a substantial factor or significant catalyst" leading to the relief obtained. Id. at 952 (quoting American Council of the Blind of Colo., Inc. v. Romer, 962 F.2d 1501, 1503 (10th Cir.1992)). To meet the second prong of the test, a plaintiff must show "that the defendant's conduct was required by law, i.e., not a wholly gratuitous response to an action that in itself was frivolous or groundless." Id. (quoting Williams v. Leatherbury, 672 F.2d 549, 551 (5th Cir. 1982)).
In their amended complaint, the plaintiffs stated claims for relief in the following areas: overcrowding, education, use of isolation, use of force and restraint, medical and health care services, exercise and recreation, adequacy of staff, safety and sanitation, meals, mail, telephone privileges, detention of children in need of care, and separation of children in need of care from juvenile offenders. That the plaintiffs in this case obtained significant relief is evidenced by the comprehensive settlement agreement and consent decree which the plaintiffs, defendants, and third-party defendants executed on July 28, 1995. The decree imposes detailed responsibilities

on the defendants and third-party defendants in regard to virtually all of the areas addressed in the plaintiffs' complaint.
To satisfy the first requirement of the catalyst test, however, the plaintiffs' lawsuit must be "a substantial factor or significant catalyst" leading to the relief obtained. The defendants argue that the plaintiffs' suit was not a significant catalyst in prompting the defendants to act. The defendants assert that the plaintiffs' primary objective was the construction of a new juvenile detention center to relieve overcrowding. The defendants had already decided to put the construction of a new facility to a vote in Shawnee County at the time the plaintiffs filed suit. Thus, according to the defendants, the plaintiffs' suit was not a substantial factor in achieving the relief obtained.
The court notes that the plaintiffs' complaint does not seek relief in the form of a new facility. Furthermore, the plaintiffs have obtained relief under the consent decree which is not provided by the building of a new youth center. While the new facility can be expected to alleviate certain concerns about overcrowding, the facility will not be available until 1997. Because the consent decree took effect in August 1995, the plaintiffs have therefore obtained relief regarding the overcrowding problem approximately two years sooner than they would have had they not filed suit. Moreover, the consent decree addresses numerous issues raised by the plaintiffs in their complaint, which are unrelated to the issue of overcrowding.
The defendants also argue that procedures set forth in the settlement agreements were consistent with the defendants' existing practices, and that the agreements therefore resulted in no significant changes at SCYC. Even if the agreements do reflect, to some extent, the defendants' existing practices, the consent decree provides the plaintiffs with mechanisms for enforcement and monitoring, at the defendants' expense, that would not be available to the plaintiffs in the absence of the decree. Furthermore, the defendants concede that the November 21, 1994, Joint Stipulation of Partial Settlement provided for changes in practices between SCYC and SRS.
Finally, the defendants contend that their actions, not the plaintiffs', were the catalyst for change on the issues of overcrowding and education. The defendants assert that these issues were resolved as a result of their thirdparty claims against SRS and the Board of Education-Unified School District 501 ("501"). Because the plaintiffs did not sue SRS and 501, the argument continues, the plaintiffs' suit was not a significant factor leading to the 1421 relief obtained. This argument *1421 fails, however, because there is no indication that the defendants would have filed a complaint against SRS or 501, had the plaintiffs not filed their suit.
For the foregoing reasons, we find that the plaintiffs' suit, which resulted in three settlement agreements, was a substantial factor in obtaining the relief set forth in those agreements. We now proceed to determine whether the defendants' conduct was required by law, i.e., not a wholly gratuitous response to an action that in itself was frivolous or groundless.
The plaintiffs argue that their federal claims, which are based primarily upon the Fourteenth Amendment to the United States Constitution, are not frivolous or groundless. The plaintiffs maintain that the Due Process Clause of the Fourteenth Amendment bestows upon them a right to adequate food, clothing, shelter, medical care, reasonable safety, and freedom from unnecessary bodily restraint. See DeShaney v. Winnebago County Dep't of Social Servs., 489 U.S. 189, 200, 109 S.Ct. 998, 1005, 103 L.Ed.2d 249 (1989). The plaintiffs also cite Schall v. Martin, 467 U.S. 253, 269, 104 S.Ct. 2403, 2412, 81 L.Ed.2d 207 (1984), for the proposition that residents of SCYC who have not been adjudicated guilty of any crime have a due process right to be free from punishment, and that institutional practices or conditions which amount to punishment are violative of the Due Process Clause. The plaintiffs allege that certain policies and practices at SCYC violated the substantive due process requirements of the Constitution and/or constituted punishment prohibited by the Fourteenth Amendment.
The defendants assert that the plaintiffs never demonstrated the viability of their claims. The court also notes that the parties' July 28, 1995, consent decree provides that the decree is "not an admission of any constitutional violation."
The court need not, however, "conduct[] the very trial the consent decree was signed to avoid" in order to find that a plaintiff has prevailing party status under the catalyst test. Nadeau v. Helgemoe, 581 F.2d 275, 281 (1st Cir.1978). Nor is the fact that there has been no admission or finding of constitutional violation determinative. See

Collins v. Romer, 962 F.2d 1508, 1514 (10th Cir.1992). Rather, "`[t]he touchstone of the prevailing party inquiry must be the material alteration of the legal relationship of the parties.'" Farrar v. Hobby, 506 U.S. 103, ___, 113 S.Ct. 566, 573, 121 L.Ed.2d 494 (1992) (quoting Texas State Teachers Ass'n v. Garland Indep. Sch. Dist., 489 U.S. 782, 792-93, 109 S.Ct. 1486, 1494, 103 L.Ed.2d 866 (1989)).
Woods v. Shawnee Gardens, L.P., 1993 WL 545220 (D.Kan. Dec. 1, 1993), applied the catalyst test to the plaintiff's pursuit of attorney's fees under 42 U.S.C. § 2000e-5(k). Id. at *1. Like the plaintiffs in the instant case, the plaintiff in Woods obtained relief in the form of a consent decree. Id. The consent decree in Woods contained a similar disclaimer to that contained in the consent decree at issue here, i.e., that the decree would "not constitute an adjudication or finding on the merits of the case and shall in no manner be construed as an admission by defendants of any violation of Title VII or any executive order, law, rule or regulation in connection with discrimination in employment." Id. The court inquired whether, in the absence of the consent decree, the plaintiff's pursuit of his constitutional claims could be considered "frivolous, unreasonable, or groundless." Id. at *4 (citing Nadeau, 581 F.2d at 281). The court answered the question in the negative and awarded the plaintiff attorney's fees. Id. at *6. See also Maher v. Gagne, 448 U.S. 122, 100 S.Ct. 2570, 65 L.Ed.2d 653 (1980) (§ 1983 plaintiff who obtained relief through consent decree entitled to attorney's fees).
Following Woods, we find that in the absence of the consent decree, the plaintiffs' claims in this matter were neither frivolous nor groundless. This conclusion is consistent with the court's action at the hearing on the plaintiffs' motion for preliminary injunction in October 1994. The plaintiffs alleged that conditions at SCYC, and the defendants' practices and policies pertaining thereto, violated the United States Constitution, the Juvenile Justice and Delinquency Act, 42 U.S.C. § 5601 et seq., the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 1422 et seq., and various laws and regulations of the state of Kansas. At close of the plaintiffs' *1422 evidence, the defendants moved for judgment as a matter of law. The court, however, refused to grant the defendants' motion, and encouraged the parties to continue settlement negotiations.
B. Allocation of Fees Among Defendants and Third-Party Defendants
Having determined that the plaintiffs have satisfied both prongs of the catalyst test, and are therefore prevailing parties under 42 U.S.C. § 1988(b) for purposes of obtaining attorney's fees, we now proceed to address the defendants' argument that SRS and 501 should pay a portion of the plaintiffs' fees. The defendants assert that SRS and 501 are responsible for the plaintiffs' fees on matters pertaining to the third-party defendants.
A plaintiff cannot recover fees, however, from "an entity against which plaintiff did not even attempt to prevail." Beard, 31 F.3d at 951. Here, the plaintiff has not asserted a claim against either SRS or 501. Consequently, the plaintiff is not a prevailing party under § 1988(b) as to SRS and 501, and therefore cannot recover fees from the third-party defendants. See Becker v. Blum, 487 F.Supp. 873, 874 (S.D.N.Y.1980) (trial court has no power to assess attorney's fee award against non-party).
However, where a plaintiff obtains significant relief from a non-party or a third-party defendant, courts have reduced the plaintiff's fee award against the defendant. See, e.g., Durett v. Cohen, 790 F.2d 360, 363 (3d Cir.1986); Williamsburg Fair Hous. Comm. v. Ross-Rodney Hous. Corp., 599 F.Supp. 509, 513-14 (S.D.N.Y.1984) . The plaintiffs in this case have obtained relief from SRS and 501, as well as the defendants, as evidenced by the provisions of the settlement agreements. It is therefore necessary for the court to determine that portion of the plaintiffs' attorney's fees for which the defendants are responsible.
Many of the services provided by the plaintiffs' attorneys, however, are not readily divisible among the defendants and third-party defendants. For example, time spent drafting the various agreements cannot easily be allocated among the parties. On the other hand, a review of the substantive provisions of the agreements provides the court with a means for assessing the defendants' proportionate responsibility. Sections I through XXII of the July 28, 1995, settlement agreement and consent decree, which incorporate the provisions of the two previous settlement agreements, impose requirements on the defendants as to conditions at SCYC. Sections I and XIX also impose requirements on SRS and 501: Section I addresses overcrowding, the single greatest issue in this litigation, while Section XIX addresses education at SCYC. It is evident, therefore, that SRS and 501 are partially responsible for the relief obtained by the plaintiffs in regard to the important issues of overcrowding and

education. Because a portion of the plaintiffs' attorney's fees must be attributed to the third-party defendants, the court finds that a twenty percent reduction in the plaintiffs' fee award is equitable.
C. Amount of Award
The starting point for determining a reasonable fee is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate. Hensley, 461 U.S. at 433, 103 S.Ct. at 1939. In setting the hourly rate, a court should consider "what lawyers of comparable skill and experience practicing in the area in which the litigation occurs would charge for their time." Ramos v. Lamm, 713 F.2d 546, 555 (10th Cir.1983). Local fee rates should normally be applied, even where the attorneys seeking fees are from another area. Id. at 555.
The plaintiffs' attorneys in this case seek an hourly rate of $150. Larry Rute, Claudia York, and Lowell Paul assert that they have twenty-two, seventeen, and twenty years of experience, respectively, in the practice of law. They have provided the court with affidavits from two local attorneys, who state that a rate of $150 per hour is reasonable in the Topeka area for attorneys with skill and experience comparable to that of the plaintiffs' counsel.
Defense counsel responds that the plaintiffs' requested rate is unreasonably high. Ann Hoover submits that while 1423 she and her partner, Mark Bennett, have eighteen and thirty years of experience, respectively, they *1423 have
billed their time in this litigation at only $90 per hour.
In light of the parties' affidavits, recent fees awards, and the court's own familiarity with prevailing rates in the area, the court finds that $125 represents a reasonable hourly rate for Topeka civil rights attorneys with skill and experience comparable to that of the plaintiffs' counsel. See Brown v. Unified Sch. Dist. No. 501, Shawnee County, Kan., 878 F.Supp. 1430, 1436 (D.Kan.1995) (civil rights attorneys awarded rates of $90 to $125); Phelps v. Hamilton, 845 F.Supp. 1465, 1470 (D.Kan.1994) (requested rate of $130 reduced to $125 for experienced civil rights litigator); Tyler v. City of Manhattan, 866 F.Supp. 500, 502 (D.Kan.1994) (civil rights attorneys awarded rates of $90 to $125). We now turn to the defendants' other arguments as to the reasonableness of the plaintiffs' attorney's fees.
The defendants contend that the special circumstances of this case render an award of attorney's fees unjust. According to the defendants, the plaintiffs' concerns could have been resolved without litigation, in light of the August 2, 1994, passage of the bond issue for a new juvenile detention facility. The defendants also argue that because their own actions, i.e., deciding to put the bond issue to a vote, and filing a third-party complaint against SRS and 501, brought about the changes sought by the plaintiffs, the plaintiffs' success in this matter was minimal. The defendants cite Farrar v. Hobby for the proposition that "`the most critical factor' in determining the reasonableness of a fee award `is the degree of success obtained'" 506 U.S. at 114, 113 S.Ct. at 574 (quoting Hensley, 461 U.S. at 436, 103 S.Ct. at 1941).
The "special circumstances" exception to an award of attorney's fees pursuant to 42 U.S.C. § 1988(b) should be narrowly construed. Hatfield v. Hayes, 877 F.2d 717, 720 (8th Cir.1989). Moreover, for the reasons given in our discussion of the plaintiffs' prevailing party status, the court finds that the plaintiffs obtained significant relief independent of the planned new facility. We also concluded that there is no evidence that the defendants would have brought an action against the third-party defendants had the plaintiffs not filed their suit. The defendants have not demonstrated that special circumstances or the plaintiffs' degree of success warrants a denial or reduction in the fees award.
The defendants next claim that the time entries on the plaintiffs' billing statements are not sufficiently specific to allow the defendants to adequately lodge their objections. The defendants cite an entry in which one of the plaintiffs' attorneys recorded "12.00 hours0907work on draft of proposed consent decree" as too vague and summary in nature. Counsel is not required, however, "to record in great detail how each minute of his time was expended." Hensley, 461 U.S. at 437 n. 12, 103 S.Ct. at 1941 n. 12. It is sufficient that counsel "identify the general subject matter of his time expenditures." Id. An attorney seeking to recover fees should provide records which reveal how his time was "allotted to specific tasks0907for example, how many hours were spent researching, how many interviewing the client, how many drafting the complaint, and so on." Ramos, 713 F.2d at 553. The

court finds that the plaintiffs' billing statements are sufficiently specific to meet the standards set in Hensley and Ramos.
The defendants also contend that the number of hours for which the plaintiffs seek to recover fees is unreasonably high. The defendants assert that counsel for the defendants have billed significantly less time in this case than that claimed by the plaintiffs. The plaintiffs seek to recover fees for 1,389.2 hours, which, as explained above, the court shall reduce by twenty percent. The defendants' counsel have submitted affidavits in which they state that they have spent approximately 356.3 hours working on matters related to the plaintiffs' claims in this litigation.
As the plaintiffs point out, however, the number of hours billed by the defendants' counsel does not include the time that attorneys in the Shawnee County Counselor's office spent on this case. Furthermore, out of a total of 1,389.2 hours billed, the defendants cite only three time entries, representing a total of 26.5 hours, which they 1424 claim represent excessive time expenditures. The court finds that in light of the complexity of this *1424 litigation, which culminated in three settlement agreements, the number of hours billed by the plaintiffs' attorneys is reasonable.
Next, the defendants assert that the plaintiffs are not entitled to recover fees for time spent performing clerical tasks and background research, traveling, and granting press interviews. The defendants fail again, however, to specify which time entries they believe represent such tasks. Nevertheless, the court shall reduce the plaintiffs' award for travel expenses incurred by non-local counsel. See Ramos, 713 F.2d at 559; Brown, 878 F.Supp. at 1437-38 (because there is normally no need to employ counsel from outside the area, travel expenses between the offices of non-local counsel and the city in which the litigation is conducted are not reimbursable). We shall reduce the plaintiffs' fees request by thirty-two hours for Claudia York's travel time between Kansas City and Topeka. We shall also reduce the plaintiffs' award of costs by $58.78 for Ms. York's hotel expenses. Other costs sought by the plaintiffs, such as telephone, postal, and copying expenses, are properly allowable if such costs are usually charged separately. Ramos, 713 F.2d at 559. Because billing such expenses separately is common practice, we shall not reduce the plaintiffs' award for these items. Mares v. Credit Bureau, 801 F.2d 1197, 1208 (10th Cir.1986).
III. CONCLUSION
In summary, the defendants shall pay the plaintiffs' fees and costs based on the following calculations:

Claudia York Larry Rute Lowell Paul

293.2 hours @ $125 per hour =
717.75 hours @ $125 per hour =
346.25 hours @ $125 per hour =
reduced by twenty percent
plus costs
Total

$ 36,650.00
89,718.75
43,281.25 ____________
$169,650.00
(33,930.00) ___________ $135,720.00
2,536.48 ___________ $138,256.48 ===========

IT IS BY THE COURT THEREFORE ORDERED that the plaintiffs' motion for attorney's fees and costs (Doc. 120) is granted as modified in the amount of $138,256.48.

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 912 F.Supp. 1424 (1996)
T.Y., a minor, by her next friend, Lynette PETTY, B.A., a minor, by his next friend, P.C., D.S., a minor by his next friends, A.M. and Lynette Petty, on behalf of themselves and all others
similarly situated, Plaintiffs, v.
BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF SHAWNEE; Donald J. Cooper, Chairman, Victor W. Miller, Vice-Chairman, Winifred Kingman, member of the Shawnee County Commission, in their official capacities; Earl Hindman, Director of the Shawnee
County Department of Corrections, in his official capacity; Gary Bayens, Administrator of Shawnee County Youth Center, in his official capacity, Defendants and Third-Party Plaintiffs, v.
STATE OF KANSAS, DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, and Donna L. Whiteman, the Secretary of Social and Rehabilitation Services, in her official
capacity; Board of Education-Unified School District 501, Shawnee County, Kansas, Third-Party Defendants.
Civil Action No. 94-4079-DES.
United States District Court, D. Kansas.
January 17, 1996.
1425 *1425 Larry R. Rute, Kansas Legal Services, Inc., Topeka, KS, Claudia J. York, Shughart, Thomson & Kilroy, Kansas City, MO, Charles J. Hyland, Sprint Communications Company L.P., Law Department, Kansas City, MO, Judith A. Jones, Hiawatha, KS, for plaintiffs.
Mark L. Bennett, Jr., Ann L. Hoover, Bennett & Dillon, Topeka, KS, Susana L. Valdovinos, Office of County Counselor, Topeka, KS, Sandra L. Jacquot, Office of the County Counselor, Shawnee County, Kansas, Topeka, KS, for defendants.
Michael George, Kenneth R. Smith, Kansas Department of SRS, Topeka, KS, for Kansas Department of Social and Rehabilitation Services, Donna L. Whiteman.
John D. Ensley, Arthur E. Palmer, Goodell, Stratton, Edmonds & Palmer, Topeka, KS, for Unified School District 501, Topeka.
MEMORANDUM AND ORDER
SAFFELS, Senior District Judge.
This matter is before the court on the plaintiffs' motion for an order requiring the defendants to show cause why they should not be held in contempt for disobedience of the Settlement Agreement and Consent Decree entered by this court on July 28, 1995 (Doc. 144).
I. BACKGROUND
The plaintiffs filed this action on May 19, 1994, as a class action pursuant to 42 U.S.C. § 1983. The plaintiffs filed an amended complaint on June 3, 1994. The plaintiffs' suit challenged the conditions of confinement at the Shawnee County Youth Center ("SCYC"), and certain policies and practices employed in the administration of

SCYC. On June 23, 1994, the plaintiffs filed a motion for a preliminary injunction to restrain the defendants from 1426 employing certain practices *1426 and procedures at SCYC pending final resolution of this action.
On July 5, 1994, the defendants filed an answer to the plaintiffs' complaint. The defendants also filed on that date their complaint against the third-party defendants. The defendants submitted that they were not liable to the plaintiffs, but that in the alternative, judgment should be entered against the third-party defendants in an amount equal to the defendants' liability.
On August 2, 1994, the court approved a Joint Stipulation of Partial Settlement of Motion for Preliminary Injunction executed by the plaintiffs and defendants. In the stipulation, the defendants agreed to amend certain policies and practices to the extent that they did not conform to Kansas Administrative Regulations. On November 21, 1994, the court approved a second Joint Stipulation of Partial Settlement, executed by the plaintiffs, the defendants, the Kansas Department of Social and Rehabilitation Services, and Donna L. Whiteman, Secretary of Social and Rehabilitation Services ("SRS"), which addressed the issue of overcrowding at SCYC. Finally, on July 28, 1995, the court approved a Settlement Agreement and Consent Decree executed by all parties. This third agreement settled all remaining issues in the case as to conditions, policies, and practices at SCYC.
II. DISCUSSION
Section XXIV of the Settlement Agreement and Consent Decree addresses enforcement and monitoring of the decree. Paragraph 1 of the decree designates Bruce Linhos "to monitor and oversee the implementation of the terms of this Consent Decree and/or the plan or plans established to implement the terms of the Consent Decree." Paragraph 1 further provides that the "Board of County Commissioners of Shawnee County [Shawnee County] shall bear the responsibility for payment of all reasonable and necessary costs of the monitoring, pursuant to a schedule or agreement to be approved by the Court." Paragraph 4 of the decree provides as follows: "Any party may raise questions of compliance with this Consent Decree and its implementation plans. Any party's questions of compliance and all individual complaints regarding compliance with this Consent Decree must first be presented to the Monitor."
Pursuant to the above provisions of the consent decree, Shawnee County entered into a Contract for Professional Services with Bruce Linhos on August 31, 1995. The paragraph of the contract at issue here, paragraph 6, provides as follows: "The Consultant [Bruce Linhos] agrees to maintain the confidentiality of all documents and information provided to him and may not disclose any of said confidential information other than under the limited conditions permitted pursuant to the Settlement Agreement and Consent Decree entered in the case. The Consultant will not engage in ex parte communications with counsel for any of the parties regarding matters pertaining to the Settlement Agreement and Consent Decree. The consultant will not furnish copies of any documents or information provided to him for the parties or their counsel." (emphasis added).
The plaintiffs object to the prohibition on ex parte communications between the monitor and counsel for the parties. The plaintiffs maintain that while the other parties can communicate directly and confidentially with the monitor, it is impossible for a resident to directly contact the monitor without the defendants becoming aware of the contact; consequently, the provision makes it extremely difficult for SCYC residents to raise questions of compliance concerning the consent decree in a manner which preserves the residents' confidentiality. According to the plaintiffs, the most appropriate way for residents to communicate with the monitor in a confidential manner is through their attorneys, and that by forbidding counsel's ex parte communications with the monitor, the defendants are attempting to limit the ability of the monitor to obtain relevant information concerning the defendants' compliance with the consent decree.
The defendants cite two reasons for prohibiting ex parte communications between the monitor and counsel for the parties. First, the defendants assert that the consent decree bestows upon Mr. Linhos the authority to 1427 informally resolve questions of compliance and to make findings of fact. Thus, the *1427 monitor serves in the role of a decision-maker. The defendants maintain that when a party is allowed to communicate unilaterally with the decision-maker, the decision-maker's impartiality may be compromised, and the opposing party lacks the opportunity to respond. Second, the defendants contend that the contract provision forbidding ex parte

communications between counsel and Mr. Linhos insures that Shawnee County will not have to bear the monetary expense of unlimited contacts between counsel and the monitor. The defendants argue that the consent decree does not impose restrictions on the content of Shawnee County's contract with the monitor, and that they were therefore free to include the prohibition on ex parte communications.
The defendants' argument that the restriction on ex parte communications between counsel and the monitor insures impartiality and the opportunity for all parties to be heard is unconvincing, in that the agreement allows ex parte communications between parties and the monitor. As for the defendants' second justification for the provision, whether the limitation on ex parte communications will save the defendants money is not the deciding factor in determining if the provision can stand. The question which the court must answer is whether the provision constitutes an impermissible modification of the underlying consent decree.
The parties submitted to this court their Settlement Agreement and Consent Decree, which we approved and entered on July 28, 1995. The consent decree purported to incorporate the terms of the parties' agreement as to the resolution of all outstanding issues in this litigation. The consent decree specifically provided that it resolved "all matters of issue between the parties with the exception of plaintiffs' claims for attorneys' fees and cost." Among the matters resolved was the enforcement and monitoring of the decree. Section XXIV provides for the designation of a monitor to oversee the implementation of the consent decree, defines the monitor's duties, and describes the parties' relationship with the monitor.
The provision in the defendants' contract with Mr. Linhos restricting ex parte communications imposes a condition on communications between the monitor and the parties. As such, the provision represents an additional term which was not negotiated by the parties, and a modification to the consent decree which was not approved by the court. "[O]ne party to a consent decree cannot unilaterally rewrite the agreement over another party's objections, in order to pursue a course of action favored by it but detrimental to the opposing party, where the course of action is not authorized by the consent decree." Crumpton v. Bridgeport Educ. Ass'n, 993 F.2d 1023, 1030 (2d Cir. 1993) (citing Firefighters Local Union No. 1784 v. Stotts, 467 U.S. 561, 575-76, 104 S.Ct. 2576, 2586, 81 L.Ed.2d 483 (1984)).
In Stotts, the parties entered into a consent decree which established hiring and promotion practices with respect to minorities. 467 U.S. at 565-66, 104 S.Ct. at 2580-81. The district court retained jurisdiction to enter orders necessary or appropriate to effectuate the purpose of the decree, which was to increase the proportion of minority representation in certain job classifications. Id. When the defendant later announced layoff plans, the plaintiff sought an injunction under the consent decree which would restrict layoffs of minorities. Id. at 566-67, 104 S.Ct. at 2581-82. The consent decree did not specifically prohibit such injunctions. However, because the express terms of the decree did not contemplate a restriction on layoffs, the relief sought by the plaintiff represented a modification of the decree which could not be imposed on the defendant without its consent. Id. at 575, 583, 104 S.Ct. at 2586, 2590.
Similarly, the express terms of the consent decree in this case do not contemplate a restriction on ex parte communications between the monitor and counsel for the parties. We therefore hold that the provision in the contract between Shawnee County and Mr. Linhos which forbids ex parte communications between the monitor and counsel for any of the parties is unenforceable as an impermissible modification of the underlying consent decree.
Civil contempt, however, is a severe remedy which should be used only when necessary to sustain the authority 1428 of the court. NLRB v. Shurtenda Steaks, Inc., 424 F.2d 192, 194 (10th Cir.1970). Furthermore, *1428 a contempt
order is warranted only when the movant has shown proof of contempt by clear and convincing evidence. Heinold Hog Market, Inc. v. McCoy, 700 F.2d 611, 614 (10th Cir.1983). The movant must establish that the alleged contemnor has not diligently attempted to comply in a reasonable manner with a court order. King v. Allied Vision, Ltd., 65 F.3d 1051, 1058 (2d Cir.1995). Technical or inadvertent violations of a court order do not support a finding of civil contempt. Universal Motor Oils Co. v. Amoco Oil Co., 743 F.Supp. 1484, 1487 (D.Kan.1990). Because the plaintiffs have not demonstrated that an order of contempt might be justified or necessary in this case, we deny the plaintiffs' motion for an order to show cause.

IT IS BY THE COURT THEREFORE ORDERED that the plaintiffs' motion for an order requiring the defendants to show cause why they should not be held in contempt for disobedience of the Settlement Agreement and Consent Decree entered by this court on July 28, 1995 (Doc. 144) is denied.
IT IS FURTHER ORDERED that the provision in the contract between Shawnee County and Mr. Linhos which forbids ex parte communications between the monitor and counsel for any of the parties is unenforceable as an impermissible modification of the underlying consent decree.
Dated this 16 day of January, 1996, at Topeka, Kansas.
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 ervices,
Ill SOUTH KANSAS AVENUE, SECOND FLOOR
TOPEKA, KANSAS 66603 TELEPHONE 913/233-2068

RANDALL H. McEWEN President, Board of Directors
ROGERL. McCOLLISTER
Executive Director LARRY R.RUTE Deputy Director
September 14, 1994

T.Y. v. S h a w n e e Co. II 11 I I III 111 II II III I
II II I I III I I I II II II I I II II
|| || | | ||| | | | || || ||| | || || |
JI-KS-001 -005

Prof. Michael Dale Nova SE University Law Center 3305 College Ave. Fort Lauderdale, Florida 33314
RE: TY, a minor, et al. v. Board of County Commissioners, et al. Case Number: 94-4079-DES
Dear Mike:
I appreciate the opportunity to speak with you earlier today. Per your request, please find enclosed your copy of the Amended Complaint in the above entitled matter. I have also enclosed a copy of Judge Saffel's Order dated August 2, 1994 and the attached Joint Stipulation of Partial Settlement of Motion for Preliminary Injunction. The areas encompassed by this Order and Motion are: (1) overcrowding of the SCYC facility; (2) use of isolation; (3) use of force or restraints; (4) provision of adequate and necessary medical care; and (5) confidentiality of communication between children confined at SCYC and their attorneys.
Thanks for your interest and your help. Should you have any questions, please feel free to give me a call.
Sincere!

Larry R/Rute Deputy Director
LRR:rdb
Enclosures

Celebrating 17 years excellent service to Kansans 1977-1994

 
 HON. CHARLES E. WORDEN President, Board of Directors
i/cpir i/ncmi
June 1, 1995

KANSAS LEGAL SERVICES, INC.
712 S. KANSAS AVENUE, SUITE 200 TOPEKA, KANSAS 66603 FAX 913/354-8311 TDD 913/233-4028
TELEPHONE 913/233-2068
I I I II I II I I T.Y. v. ShawneeCo 11 I I III 111 II •• II I I III I I I 11 II III |j II
• • I I III I I I II | | |l I I II II
JI-KS-001-007

Professor Michael J. Dale Nova Southwest University 3305 College Ft. Lauderdale, Florida 33314
RE: T.Y., a minor, et al. v. Board of County Commissioners, et al. Case No. 94-4079-DES
Dear Professor Dale:
I received a telephone call from your research clerk yesterday requesting that I provide a copy of our most recent preliminary injunction order in the T.Y. case. I have enclosed a copy of the Joint Stipulation of Partial Settlement and Judge Saffel's Order which was entered on the docket on November 21, 1994.
Plaintiffs and defendants have been meeting on a regular basis throughout the winter and the spring to negotiate a final Settlement Agreement and Consent Decree. Those portions of the Consent Decree upon which we have reached an agreement now total 46 pages in length. We hope to finalize our agreement sometime in late June or early July. If and when the Consent Decree is approved by Judge Saffels, I will be happy to forward a copy to you if that would be helpful.
I am very much looking forward to reading your article when it becomes available. If I can help in any way in this regard, I hope that you will not hesitate to call upon me.
Thank you for your interest in the T.Y. matter.
Sincerely,

Deputy Director
LRR:mjr Enclosures

Celebrating 18 years excellent service to Kansans
1977-1995

 
 HON. CHARLES E. WORDEN President, Board of Directors
ROGER L. McCOUISTER
Ef.x.-e.c,u,itwive. nDiir,e»c.tio«r,
LARRY R. RUTE Deputy Director
August 9,1995

KANSAS LEGAL SERVICES, INC.
712 S. KANSAS AVENUE, SUITE 200 TOPEKA, KANSAS 66603 FAX 913/354-8311 TDD 913/233-4028 TELEPHONE 913/233-2068

T V „ Ck,,.,

^

T Y - v- Shawnee Co.

JI-KS-001-009

Professor Michael J. Dale Nova Southwest University 3305 College Ft. Lauderdale, Florida 33314
RE: T.Y., a minor, et al. v. Board of County Commissioners, et al. Case No. 94-4079-DES
Dear Professor Dale:
Please find enclosed your copy of the Settlement Agreement and Consent Decree recently entered in the Shawnee County Youth Center case. The Honorable Dale E. Saffels approved the Consent Decree on July 28th.
If after reading this document you have any questions or comments, I hope that you will not hesitate to contact me directly. Thank you again for your interest and support.
Sincerely,

(ute Deputy Director
LRR:mjr Enclosure

Celebrating 18 years excellent service to Kansans 1977-1995

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

T.Y., a minor, by her next friend, Lynette Petty, B.A., a minor, by his next friend, P.C., D.S., a minor by his next friends, A.M. and Lynette Petty, on behalf of themselves and all others similarly situated,
Plaintiffs,
v.
Board of County Commissioners of the County of Shawnee; DONALD J. COOPER, Chairman, VICTOR W. MILLER, ViceChairman, WINIFRED KINGMAN, member of the Shawnee County Commission in their official capacities;
EARL HINDMAN, Director of the Shawnee County Department of Corrections, in his official capacity;
GARY BAYENS, Administrator of Shawnee County Youth Center, in his official capacity,
Defendants and Third-Party Plaintiffs,
v.
STATE OF KANSAS, Department of Social and Rehabilitation Services; and DONNA L. WHITEMAN, the Secretary of Social and Rehabilitation Services, in her official capacity;
BOARD OF EDUCATION-UNIFIED SCHOOL DISTRICT 501, Shawnee County, Kansas,
Third-Party Defendants.

T.Y. v. Shawnee Co. JI-KS-001-008
Case No. 94-4079-DES

SETTLEMENT AGREEMENT AND CONSENT DECREE This Settlement Agreement and Consent Decree is submitted to the Court for approval and entry by all of the parties to this action, by and through counsel, in resolution of all of the claims asserted by the plaintiffs in their First Amended Complaint and by the defendants in their Third-Party Complaint. The parties to this action have reached an agreement resolving all outstanding issues in this litigation and have agreed to the incorporation of the terms of this agreement into a Consent Decree. The parties have entered into this Settlement Agreement and Consent Decree solely as a means to seek a reasonable end to all issues raised in this controversy and to avoid the expense, time and risks of litigation. Thus, the parties expressly agree that this Settlement Agreement and Consent Decree represents a reasonable approach to resolve this litigation and is not an admission of any constitutional violation. Nor do the provisions thereof establish any constitutional minimum standard with respect to claims alleged by the plaintiffs. While neither admitting nor denying any allegations of fact or legal liability, or that the following practices and procedures are required by the United States -Constitution, the parties have now agreed to the entry of the Settlement Agreement and Consent Decree. The entry of this Settlement Agreement and Consent Decree shall not affect plaintiffs' right to request such attorneys' fees and costs as this Court deems appropriate, or defendants' and

third party defendants' right to oppose such requests. Therefore, based upon the stipulation and agreement of all parties to this action, by and through their respective counsel, and based upon all matters of record in this case.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
I. OVERCROWDING 1. Defendants shall comply with the provisions of K.S.A. 65-504(a) with regard to the maximum number of juveniles who may be admitted to and confined in the current Shawnee County Youth Center facility. In particular, the following shall apply:
A. The maximum number of juveniles who will be housed at Shawnee County Youth Center shall not exceed that number which is acceptable to the Kansas Department of Health and Environment. Admissions which would cause this maximum population limit to be exceeded shall be refused by County defendants and the Shawnee County Department of Corrections unless the release of one or more juveniles from Shawnee County Youth Center is scheduled within 24 hours which would bring the population back within that number deemed acceptable by the Kansas Department of Health and Environment. In no case shall the number of juveniles at Shawnee County Youth Center exceed 25.
Defendants shall be temporarily released from the requirement to comply with the provisions of K.S.A. 65-504(a) in the event of an emergency. An emergency is triggered by an exceptional circumstance involving a single mass arrest involving five or more

juvenile offenders who otherwise could not be placed at Shawnee County Youth Center due to population limits. The five or more juvenile offenders will not be admitted to Shawnee County Youth Center until the duty juvenile judge issues an order setting out findings of fact necessary to admit the children to Shawnee County Youth Center on an emergency basis. The five or more juvenile offenders may be placed at Shawnee County Youth Center until their detention hearing. During the course of the emergency exception, no other juveniles may be admitted to Shawnee County Youth Center. In the event an emergency occurs, a copy of the judge's order will be forwarded to the attention of the plaintiffs' counsel.
B. The third-party defendant Department of Social and Rehabilitation Services of the State of Kansas (SRS) agrees that it will remove from Shawnee County Youth Center facility any juvenile offender directly committed by the Court to a state youth center pursuant to K.S.A. 38-1671 within 72 hours of said disposition and upon receipt of the "necessary documents" required under K.S.A. 38-1671. Said removal requirement excludes Saturdays, Sundays and legal holidays. It is understood that the necessary documents required under this paragraph are the certified copies of the complaint, the journal entry of the adjudicatory hearing and the dispositional order. It is further understood that the receipt of the necessary document^ by SRS means delivery of the documents to the reception desk located at the SRS Topeka Area Office, 1035 South Kansas Avenue, Topeka, Kansas, or by delivery to the SRS representative in attendance at

the court hearing. An acknowledgment of receipt of these documents by SRS shall be in writing and filed with the Clerk of the District Court by the District Attorney's office. In the alternative, receipt of the certified documents by SRS may be obtained through the use of a facsimile transmission and a telephone call made to the attention of the Legal Division for the Topeka Area SRS Office.
C. The third-party defendant Department of Social and Rehabilitation Services of Kansas agrees that it will remove from the Shawnee County Youth Center facility any juvenile offender placed in its custody for appropriate placement within 48 hours after receiving written court order by the Court, unless (1) the juvenile is committed to the custody of SRS after 12:00 noon on a Friday; or (2) the juvenile has not previously been in the custody of SRS. If either of these two exceptions occurs, SRS will have an additional 24 hours to remove the juvenile from Shawnee County Youth Center, for a total of 7 2 hours. Said requirement excludes Saturdays, Sundays and legal holidays. It is understood that the receipt of the written Court Order by the court to SRS means delivery of the documents to the reception desk located at the SRS Topeka Area Office, 1035 Kansas Avenue, Topeka, Kansas, or by delivery to the SRS representative in attendance at the court hearing. An acknowledgment of receipt of these documents by SRS shall be in writing and filed with the Clerk of the District Court by the District Attorney's office. In the alternative, receipt of the documents by SRS may be obtained through the use of a file-

stamped copy of the order by facsimile transmission and a telephone call made to the attention of the Legal Division of the Topeka Area SRS Office. The time limits provided in this paragraph may be extended up to seven days for sexual offenders to the extent that SRS has built up credits as provided herein. SRS may accumulate credits by removal of other juveniles in SRS custody prior to the time limitations required herein. Said credits shall be acquired in twelve hour increments. Sexual offender shall be defined as a juvenile who has been adjudicated or is currently charged with a violation as defined in Article 35, Chapter 21 of K.S.A. The parties agree there will be a review of the 48 hour provision contained in Paragraph l(c) at the end of three months from the time this agreement is entered. Any dispute with respect to the 4 8 hour placement will be submitted to the Judge of the United States District Court for resolution at that time.
D. When the defendants notify SRS that the population of Shawnee County Youth Center has reached 22 and (1) SRS has not removed juveniles from its custody as required by paragraphs l(b) or l(c) above, and (2) the Shawnee County Youth Center has been required to transfer one or more juveniles to some other secure detention facility to maintain the population at 22, SRS agrees to increase the per diem compensation paid to Shawnee County Youth Center from the present rate to $140.00 per day or any contract rate Shawnee County Youth Center is able to negotiate or any contract rate SRS is able to negotiate, whichever is less, for

each juvenile required to be transferred. The increased rate shall apply to each juvenile required to be transferred due to SRS' inability to remove juveniles as required by paragraphs l(b) or l(c) above. Shawnee County Youth Center will not admit juveniles who are not subject to the jurisdiction of the Shawnee County District Court. The defendants agree to keep SRS informed of the population at Shawnee County Youth Center on a daily basis in writing and addressed to either the Topeka Area Office Chief of Social Services or Legal Division. The parties agree that there will be a review of the rate at the end of three months from the time this agreement is entered. Any dispute with respect to the rate will be submitted to the Judge of the United States District Court for resolution at that time.
E. During evenings, weekends or holidays SRS shall establish a system of communications by which one or more SRS workers are designated to receive the necessary documents.
F. Juveniles classified solely as children-in-need-ofcare will not be confined in the Shawnee County Youth Center facility for more than 24 hours. If a child in need of care is subsequently charged as a juvenile offender, the child will not be treated as a child-in-need-of-care for purposes of determining whether secure detention is necessary.
2. There is hereby established the Shawnee County Juvenile Facility Population Control Task Force. The members of the task force shall be the Third Judicial District. (Shawnee County) Administrative Judge or his designee, who shall Chair the Task

Force, the Director of the Shawnee County Department of Corrections or his designee, the Secretary of the Kansas Department of Social and Rehabilitation Services or her designee, an educator, a mental health professional, an at-large member of the community, a juvenile judge and a juvenile advocate. The Task Force may, at its discretion, invite professionals or representatives of some other agencies to provide information or to otherwise participate in task force duties. Such professionals or agencies may include, but are not limited to, the following: the District Attorney for the Third Judicial District Shawnee County, Court Services, Clerk of the District Court, defense counsel, Shawnee County Sheriff's Department, Topeka Police Department, Plaintiffs' attorneys, members of the Community Corrections Advisory Board or representatives of certain social service agencies such as the Kansas Children's Service League.
3. The Task Force shall perform the duties prescribed below and such other duties relating to resident population control at Shawnee County Youth Center as may in the future be requested by this Court and accepted by the Task Force.
4. The Task Force shall meet on an as necessary basis at a time and place established by the Chair. The Task Force may establish its own rules and procedures, including any necessary subcommittees, consistent with the directives herein provided, including the removal or release of Shawnee County Youth Center residents as may be necessary from time to time.

5. A subcommittee of the Task Force shall monitor resident population at Shawnee County Youth Center to ensure that detention at Shawnee County Youth Center is restricted and available only to those children for whom secure detention is clearly indicated. Whenever the number of children detained at Shawnee County Youth Center reaches twenty-two, the Director of the Shawnee County Department of Corrections, or his designee, shall notify the Chair of the Task Force of that fact. The members of the subcommittee shall be a Third Judicial District judge who is not active in the juvenile court, who shall chair the committee, a representative from the Shawnee County Department of Corrections, and a representative from the Kansas Department of Social and Rehabilitation Services. The Subcommittee shall:
A. Review and screen the resident population to determine which, if any, residents may be released.
B. Prepare a list of residents whom the committee reasonably believes
i. may be released as the juvenile is not dangerous to self or others and is likely to appear for further proceedings pursuant to K.S.A. 38-1632 and 38-1640;
ii. could be placed in the custody of a parent or other suitable person or youth residential facility pursuant to K.S.A. 38-1632, or other appropriate placement; or
iii. could be placed in the custody of the Secretary of the Department of Social and Rehabilitation . Services pursuant to K.S.A. 38-1632.

6. From the above mentioned list, the Subcommittee shall make recommendations to the committing Judge designating those juveniles who may be considered for release. The committing Judge shall thereafter enter an order releasing or detaining the juvenile based on the criteria set forth in sections (i) or (ii) above. Shawnee County Youth Center agrees to release said juvenile pursuant to the order of the Court.
7. Prior to the Dispositional Order, no juvenile offender shall be ordered detained and placed in SRS custody other than to provide medical or psychological services. The Court shall make findings of fact upon which the decision is made. Should the committing Judge order that the juvenile should be placed in SRS custody based on the criteria set forth in Section (iii), the responsibility of securing an alternative placement lies with SRS as provided in paragraphs l(b) and l(c).
8. The Task Force shall develop clear criteria for secure detention at Shawnee County Youth Center, consistent with the provisions of K.S.A. 38-1624 and 38-1640, and develop an objective Risk Assessment and Screening Instrument for use in determining need for secure detention at Shawnee County Youth Center. The screening instrument developed for this purpose is approved by all parties and attached as Attachment #1. The Task Force has the continuing responsibility for reviewing and modifying, as necessary, the Risk Assessment and Screening Instrument to ensure its adequacy to maintain Shawnee County Youth Center resident population requirements established by Paragraph l(a) above. The
10
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defendants will not admit a juvenile to Shawnee County Youth Center without a court order directing the juvenile to be detained there unless the juvenile has been screened to determine that the juvenile is in need of secure detention by use of the above referenced objective Risk Assessment and Screening Instrument. The screening function will be performed by trained juvenile intake service personnel presently located at the Kansas Children's Service League Emergency Shelter. In the event the Kansas Children's Service League should no longer perform the screening function for juveniles admitted to Shawnee County Youth Center, the Administrative Judge of the Third Judicial District shall designate the entity to perform this function. The Task Force will also present the admission criteria and risk assessment and screening device to the Shawnee County District Court for its consideration as criteria for its use in determining the need for secure detention of juveniles alleged to be juvenile offenders or children in need of care.
9. The Task Force shall review the existence of other, less restrictive, placement alternatives to secure detention in Shawnee County and determine the need, if any, for the creation of additional alternatives to secure detention. Such alternatives may include, but are not limited to, home detention, electronic monitoring, intensive supervised probation, day reporting, group homes and foster homes. The conclusions and recommendations of the Task Force shall be presented to the defendant Shawnee County
11

Board of County Commissioners; and third-party defendant Secretary of Social and Rehabilitation Services for their consideration.
10. The Task Force shall consider ways to expedite the movement of juveniles through the juvenile court system and thereby reduce the length of time spent by juveniles in temporary secure detention. The conclusions and recommendations of the Task Force shall be presented to all affected parties for their consideration.
11. All parties will use their best efforts to assist the Task Force in any way possible in performing its functions and shall provide the Task Force with any requested data or information which is reasonably at their disposal. Should there be changes in either Federal or State law or other unanticipated events that affect the implementation of this Agreement, the parties may meet to seek modifications or review by the Federal Court.
12. Paragraph 1 of this section shall remain in effect until further order of this Court. Paragraphs 2-10 of this section, relating to the creation and duties of the Shawnee County Juvenile Facility Population Control Task Force, shall remain in effect until the promulgation and implementation by the judges of the Third Judicial District of the State of Kansas of a local court rule providing for the continuing performance of all of the essential functions of the Task Force as provided for in this stipulation, including the population control subcommittee.
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II. SANITATION. SAFETY AND HYGIENE 1. The facility administration shall maintain compliance with all state and local health, sanitation, and fire safety standards and correct any deficiencies within a reasonable time after receiving notice of deficiencies. 2. The Shawnee County Youth Center facility shall be clean at all times and free from accumulated dirt, vermin and rodent infestation, including spiders. 3. Floors shall be swept and mopped daily. Liquids or other substances spilled on the floor should be promptly removed. 4. Toilets, lavatories, sinks, showers and other such fixtures shall be cleaned thoroughly each day. 5. Walls in the sleeping rooms shall be cleaned monthly and repainted at least once a year. 6. All toilets shall have sanitary paper available at all times. 7. The facility shall maintain all plumbing, drainage, heating, cooling, electrical and ventilator systems in proper working order at all times. Necessary repairs shall be promptly effectuated. 8. The temperature throughout the facility, including all sleeping rooms, shall be maintained in a healthful and comfortable range between 68° and 78° Fahrenheit. A healthful level of fresh air shall be circulated throughout the facility at all times.
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9. All lavatories, sinks and showers shall maintain hot and cold water at temperatures which are controllable and within a safe and comfortable range.
10. The facility shall ensure that showers are protected from the view of members of the opposite sex.
11. The facility shall establish a procedure which is designated to ensure the safe evacuation of all juveniles and staff at Shawnee County Youth Center in case of fire.
12. Facility administration shall require that upon admission each juvenile be provided that following toiletries: soap, deodorant, comb, toothbrush, and toothpaste. The facility shall provide juveniles with a sanitary means to shave, and shall provide an adequate period of time for residents to exercise shaving privileges. Female residents shall be provided feminine hygiene and sanitary items, as necessary or upon request.
13. The facility administrator shall ensure that all juveniles are provided a bed off of the floor and that no more than one juvenile is housed in a sleeping room.
14. A member of the Shawnee County Youth Center administrative staff shall be designated as the facility sanitation, safety & hygiene officer, who shall regularly review all policies and procedures relating to safety, health and fire prevention and shall be responsible for implementation of these policies and procedures.
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15. The facility administrator shall be responsible for establishing a fire safety plain. This plan shall include, but need not be limited to, the following areas:
A. Fire prevention techniques, including: i. Handling and storage of flammable, toxic and
caustic materials in accordance with local fire and building codes, as well as regulatory requirements of the Kansas Department of Health and Environment;
ii. The use of flame resistant furnishings and other materials;
iii. Daily walk-through inspections by program staff of all areas of the facility occupied by residents to detect the existence of fire hazards and obstacles to evacuation (e.g. blocked fire exits);
iv. Weekly inspections of all other areas of the facility by appropriate administrative, supervisory and support staff to detect the existence of fire hazards; and
v. The prohibition of smoking in any area of the facility, except by staff in designated staff smoking areas.
B. Fire response procedures, including: i. Monthly fire drills held at a minimum of once
each month, with at least 25% of the drills being held during residents' sleeping periods, and including the testing of fire/ smoke alarms, emergency air packs and emergency lighting;
ii. An explanation to residents of fire drill procedures during orientation by program staff;
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iii. Posting of fire drill assembly locations in a conspicuous area of the resident living units; and
iv. Maintenance and update of the fire evacuation plan approved by the Fire Marshal, and implementation of any and all changes recommended by the Fire Marshal.
III. DRESS 1. The defendants agree to comply with the provisions of Kansas Administrative Regulation 28-4-355a(b)(8) concerning dress of residents at Shawnee County Youth Center. 2. Residents at Shawnee County Youth Center will be allowed to wear their own soft soled shoes. Defendants will provide soft soled shoes to residents who have none. 3. Facility administration shall require that all residents be provided clothing that fits comfortably and is in good repair. All residents shall be provided clean pajamas or nightgowns that are in good repair and fit comfortably. 4. Facility administration shall require that residents be allowed to exchange outer clothing at least every other day and more frequently if the clothing has become soiled or dirty- Each day residents shall receive clean underwear and socks that are in good repair and fit comfortably. 5. Residents' personal clothing and shoes will be made available to them for court appearances, excluding detention hearings. If residents do not wish to wear the clothing provided
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by the facility to court, they may wear their own clothing for such purposes.
6. During periods of exercise or sports activities, residents will be permitted to wear gym shorts, a tee shirt and/or a sweatshirt that fit comfortably and are in good repair.
7. Denial of clothing will not be used for disciplinary purposes.
IV. ISOLATION 1. Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-355b(b) and (c) with respect to the use of isolation for all residents at the Shawnee County Youth Center. In particular, defendants agree to the following:
A. Behavioral isolation shall be used only when a resident is out of control, is a threat to himself/herself or others. Behavioral isolation shall be used for the shortest interval necessary for the youth to regain control and shall be reviewed by the supervisor immediately with continued placement to be determined by the supervisor.
B. Isolation may be used only when all other less restrictive methods of controlling a juvenile's dangerous behavior have been attempted with respect to the incident at issue and have failed.
C. Isolation shall, not exceed one hour unless the problem behavior continues.
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D- A youth care staff member shall be within visual and auditory distance of any juvenile in isolation at all times.
E. No juvenile in isolation shall be deprived of meals, clothing, medical services, individual exercise, correspondence, parental contact or legal assistance for disciplinary purposes.""" A juvenile in isolation shall receive all regular meals and snacks normally served and shall be allowed time for individual exercise and to perform necessary bodily functions.
F. A juvenile in isolation during normal school hours shall be provided with school work.
G. All juveniles in isolation shall be given prompt access to drinking water and to the toilet and washroom facilities.
H. A written order by a designated Shawnee County Youth Center staff member shall be required each time a juvenile is placed in or released from isolation.
I. A youth care staff member shall make direct, physical observation of a juvenile in isolation at least every 15 minutes, and shall attempt interactive intervention with the juvenile at each observation, unless the juvenile is sleeping.
J. An assessment of the need for continued isolation shall be made at each shift change. If isolation is continued, the reasons therefor shall be documented.
K. No juvenile shall remain in isolation in excess of 24 hours without the approval of the administrator or designee. Written approval of the administrator or designee shall be
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required for each eight (8) hour period isolation is extended, beyond the first 24 hours.
L. If a juvenile requires more than 4 8 hours of consecutive isolation or more than 72 cumulative hours of isolation within any seven (7) day period, an emergency staffing shall be held to discuss the appropriateness of the juvenile's continued placement at Shawnee County Youth Center and to develop an emergency plan for the juvenile. Participants shall include those persons designated in Kansas Administrative Regulation 28-4-355b(c)(7)(A) & (B).
V. USE OF RESTRAINT 1. Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-355b(d) with respect to use of restraint for all juveniles at the Shawnee County Youth Center. In particular, defendants agree to the following:
A. Physical restraint shall be used only when the juvenile is acting in a manner that is assaultive, injurious and dangerous to himself/herself, peers, staff or property. It shall not be used as a form of discipline or punishment.
B. Physical restraint may be used only when all other less restrictive methods of controlling the juvenile's dangerous behavior were either attempted and failed or diagnostically eliminated.
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C. Mechanical restraint equipment may be used within the secure parameters of Shawnee County Youth Center only when required to move a juvenile to locked isolation. Once a juvenile is placed in locked isolation, all restraints will be promptly removed after the juvenile ceases acting in an injurious or dangerous manner. Staff members shall remain within visual and auditory distance of the juvenile if mechanical restraints are in place and the juvenile is acting in a manner that is injurious or dangerous. Staff members shall promptly determine that the application of mechanical restraints does not result in the infliction of injury to the juvenile. The practice of securing the juvenile's hands to the feet with mechanical restraints behind the juvenile's back shall not be utilized at Shawnee County Youth Center.
D. The use of mechanical restraints shall not exceed 30 minutes in duration.
E. Any juvenile injured in an incident involving the use of physical restraint shall receive immediate medical examination and treatment.
F. If the juvenile requires the use of mechanical restraints for more than four (4) times in any 30 day period, an emergency staffing shall be held to discuss the appropriateness of the juvenile's continued placement at Shawnee County Youth Center and to develop an emergency plain for the juvenile. Participants shall include those persons designated in Kansas Administrative Regulation 28-4-355b(d)(3)(A) & (B).
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VI. EXERCISE AND RECREATION Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-355(d)(1) with respect to exercise and recreation at the Shawnee County Youth Center. In particular, defendants agree to the following: 1. At least one hour of large muscle exercise shall be provided to each juvenile on a daily basis unless restricted for health reasons. Such exercise shall be conducted outdoors when weather permits. 2. Opportunity for outdoor and indoor exercise and recreation shall be equally available to juveniles of both sexes. 3. Exercise and recreation shall not be restricted or denied to juveniles as punishment or discipline, except for misconduct which occurs during the recreational activity. 4. Access to exercise and recreation shall not be denied or limited on the basis of juvenile/staff ratios.
VII. FOOD SERVICE 1. All residents at Shawnee County Youth Center shall be provided with nutritionally adequate and appetizing food, including snacks, in amounts sufficient to meet the needs of growing children. 2. Therapeutic diets shall be available upon medical or dental authorization. 3. Food, including snacks, should not be withheld, nor the standard menu varied, as a disciplinary sanction.
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4. Defendants agree to have a qualified nutritionist review the current food service no later than 30 days after the signing of this agreement and shall implement the recommendations of the nutritionist as soon as practicable.
VIII. MAIL 1. Outgoing mail is not to be opened or read or otherwise restricted as punishment or discipline. 2. The administrator shall provide stationary, envelopes and postage for one letter per day for each juvenile. All residents shall be permitted to purchase additional postage as necessary to mail more than one letter per day. 3. Incoming mail for juveniles at Shawnee County Youth Center will not be read by staff. Incoming mail will not be opened by staff outside the presence of the child, and then only to inspect for contraband, when staff has reasonable cause to believe that the mail contains contraband. 4. Incoming mail will not be restricted or withheld from juveniles as punishment or discipline, however, may be kept outside a resident's room for health and security reasons. 5. Books or gifts mailed or given to a resident will remain the resident's property and will be returned to the resident upon release from the facility.
IX. CHILDREN IN NEED OF CARE 1. Children in need of care at Shawnee County Youth Center will be kept separate from juvenile offenders to the maximum extent possible.
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X. VISITATION Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-355(f) with respect to visitation at the Shawnee County Youth Center. In particular, defendant agrees to the following: 1. Residents at Shawnee County Youth Center may visit with family members consistent with the security of the Shawnee County Youth Center and the safety of visitors, other residents and personnel. 2. The Shawnee County Youth Center facility shall provide adequate accommodations for visitation sufficient to permit a reasonable degree of privacy during visitation. 3. Visitation shall not be restricted or withheld from children unless a determination is made that a visit will violate the security of Shawnee County Youth Center or endanger the safety of residents, visitors or staff.
XI. TELEPHONE 1. Residents are permitted to make telephone calls, without prior clearance, as soon as reasonable after being admitted to detention for the purpose of contacting family members and attorneys. 2. After the initial telephone calls, residents will be allowed to make telephone calls according to the phone schedule for group activities.
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3. Telephone calls to court counselors and attorneys will not be restricted or withheld from residents as punishment or discipline.
4. Telephone calls to residents from parents or legal guardians will be permitted at reasonable times on a daily basis. Residents will be permitted to make daily telephone calls to parents or legal guardians pursuant to a schedule established by the facility administrator.
XII. ATTORNEY-CLIENT COMMUNICATION 1. Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-355a(b)(9) with respect to confidential communication for all residents found at Shawnee County Youth Center. In particular, the defendants agree to the following:
A. Defendants agree upon the written request of any juvenile at Shawnee County Youth Center to speak with his or her attorney of record, that an attempt to contact the attorney **ili be made, or a message will be left with the attorney's office before 4:30 p.m. of the day the request is made. Written request made after 4:30 p.m. of the day the request is made shall be honored by 12:00 noon of the following day.
B. Defendants agree upon the written request of any juvenile at Shawnee County Youth Center to speak with plaintiffs' counsel, an attempt to contact the juvenile's attorney of record, natural parent, or legal guardian will be made or a message will
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be left with the attorney's office before 4:30 p.m. of the day the request is made. Written requests made after 4:30 p.m. of the day the request is made shall be honored by 12:00 noon of the following working day.
If no response is received within 48 hours of the initial request, defendants' counsel will send a certified letter to the juvenile's attorney of record, natural parent, or legal guardian providing notification that access to the juvenile will be granted to plaintiffs' counsel unless they respond within seven (7) days from the date of the certified letter. If consent is given or refused, defendants will promptly notify plaintiffs' counsel. If approved, subsequent requests by the juvenile to speak with plaintiffs' counsel shall not be conditioned upon obtaining renewed consent.
This procedure shall not impair the right of the juvenile to raise questions of compliance with this Consent Decree pursuant to paragraph 4 of Section XXIV of the Decree. The parties agree that there will be a review of the 7-day provision contained in paragraph (B) at the end of three months from the time this agreement is approved. Any dispute with respect to the 7-day provision will be submitted to the Judge of the United States District Court for resolution at that time.
C. The defendants shall ensure the confidentiality of all communications between juveniles at Shawnee County Youth Center and their attorneys, including telephone conversations, visits and correspondence.
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XIII. ADEQUACY OF STAFF 1. The facility shall provide adequate male and female staff to directly supervise and interact with the juveniles at all times and to provide for their physical, social and emotional well being. There shall be sufficient staff on duty at all times to satisfy the minimum staff-to-resident ratio as set out in Kansas Administrative Regulation 28-4-353(e).
XIV. STRIP SEARCH 1. Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-357(5)(B) with respect to strip searches conducted at Shawnee County Youth Center.
XV. PSYCHOLOGICAL AND VERBAL ABUSE 1. Psychological and verbal abuse by staff is prohibited. The grievance procedure shall be followed in the investigation and resolution of all complaints of staff abuse. Reports of abuse shall be submitted to the Director and a special incident report shall be prepared. 2. Staff members who have been accused of physically abusing a juvenile shall be removed from direct contact with the juvenile pending final resolution of the investigation regarding the complaint.
XVI. MEDICAL AND HEALTH CARE SERVICES 1. Shawnee County Youth Center shall have a physician licensed to practice medicine in Kansas as a medical consultant
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who shall be designated the responsible physician who will oversee and be responsible for medical and health care services at Shawnee County Youth Center. The responsible physician or his/her designee shall be on call 24 hours/day, 7 days/week for immediate access by correction or nursing staff. The facility shall enter into a written agreement with an area medical facility to provide medical services which cannot be provided within its facilities, including 24 hour emergency medical care.
2. A health history checklist shall be completed for each juvenile at the time of admission. The checklist shall be completed by the person who admits the juvenile, using forms supplied or approved by the Kansas Department of Health and Environment. The checklist shall serve as a guide to determine if a juvenile is in need of immediate medical attention or should be placed in medical isolation.
3. Shawnee County Youth Center's physician shall be contacted for any juvenile who is taking a prescribed medication at the time of admission for evaluation, so that treatment is not interrupted.
4. Shawnee County Youth Center's physician shall be contacted to evaluate and recommend treatment of any juvenile who has acute symptoms of illness, or who has a chronic illness, or who has a serious injury.
5. Juveniles shall be screened for communicable diseases at the time of admission. If there is reason to believe that a juvenile has a communicable disease, that juvenile shall be
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examined and tested by qualified medical personnel before being released from medical isolation. A juvenile who has a communicable disease other than AIDS will be placed in medical isolation in his/her room until determined by qualified medical personnel to be no longer contagious. Communicable diseases shall be reported within 24 hours of diagnosis or by the next working day to the Shawnee County Health Department.
A dental screening shall be conducted upon each juvenile at admission, and follow-up emergency dental care shall be provided as needed. The juvenile's record shall include a report of a dental examination obtained within one year before or 60 days after admission.
6. Chronic care, convalescent care and preventative care shall be provided when medically indicated.
7. Within 72 hours of admission, juveniles shall have a review of the health history checklist by a physician or nurse. Based upon health indicators derived from the checklist or in the absence of documentation of a screening within the past 24 months, the physician or nurse shall determine whether a full screening and health assessment are necessary.
8. The screening and health assessment shall be completed within ten (10) days of admission and shall be based upon guidelines provided or approved by the Kansas Department of Health and Environment.
9. Each juvenile shall receive a tuberculin skin test, and appropriate treatment or prophylaxis shall be provided to all
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positive tuberculin reactors. 10. Maternity care shall be provided to pregnant residents
in accordance with the provisions of Kansas Administrative Regulation 28-4-279.
11. At the time of admission to the facility, juveniles shall be informed in writing of the procedures for gaining access to medical services.
12. Juveniles' medical complaints shall be monitored and responded to daily. Appropriate treatment by qualified personnel shall follow.
13. Screening and referral for appropriate care shall be provided to mentally ill or retarded juveniles.
14. A written medical treatment plan for each juvenile requiring close medical supervision shall be developed by a health nurse in consultation with a physician, which includes directions to medical and nonmedical personnel regarding their roles in the care and supervision of these patients.
15. Detoxification from alcohol, opiates, barbiturates and similar drugs shall be performed only under medical supervision.
16. Prescription medication shall be administered by a nurse or a designated qualified staff member, from a pharmacy container labeled with the juvenile's name, the name of the medication, the dosage, the dosage intervals, name of physician, and date prescription was filled.
17. Any changes of prescription or directions for administering a prescription medication shall be authorized in
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writing by a physician, with documentation in the juvenile's file. 18. All medication, including non-prescription medication,
shall be given only in accordance with label directions unless ordered differently by a licensed physician. A record shall be kept in the juvenile's file documenting the name of the person who gave the medication, the dosage and the date and time it was given.
19. The type of medication prescribed for juveniles and the reason for its use is confidential and its confidentiality shall be preserved by Shawnee County Youth Center staff at all times.
20. A current health record shall be kept for each juvenile which includes the juvenile's current immunization record; health history checklist; documentation of the review of the health history checklist and the decision regarding the need for further screening and health assessment; tuberculin skin test report; medical contacts, including all examinations, diagnoses, prescriptions and administration of all medications, and entries regarding the juvenile's health care plan.
21. Shawnee County Youth Center shall obtain a written consent from each juvenile's parent or legal guardian for necessary medical and dental care.
22. Each parent or legal guardian shall be immediately notified when serious injury to, death or hospitalization of a juvenile occurs.
23. Each staff member who will have contact with juveniles at Shawnee County Youth Center shall receive a health examination
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within one year before employment, which shall include a tuberculin skin test. If there is a positive reaction, proof of proper treatment or prophylaxis, according to ..current Kansas Department of Health and Environment guidelines, shall be required.
24. Each staff member caring for juveniles at Shawnee County Youth Center shall be free from communicable disease, free from physical, mental or emotional handicaps which would impair his or her ability to perform the responsibilities of the job, and free from impaired ability due to the use of alcohol or other drugs.
25. All staff at Shawnee County Youth Center shall have current training in basic first aid, including rescue breathing.
26. Adequate space, equipment, supplies and materials, as determined by the responsible physician, shall be provided for the performance of primary health care delivery in the facility.
27. First aid supplies shall be available in all facilities. 28. Smoking shall not be permitted in the Shawnee County Youth Center facility. 29. Professional consultant services, including those of physicians, dentists, nurses, psychologists and psychiatrists shall be available as required to meet the needs of juveniles at Shawnee County Youth Center.
XVII. DISCIPLINE AND SANCTIONS 1. The facility administrator shall be responsible for establishing a system of behavior management. The system shall be
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designed to provide incentives for positive behaviors and for

proportional measures of accountability for negative behaviors.

The system shall provide written guidelines for parameters that

are readily identifiable and easily understood by residents and

staff. A verbal and written explanation of the behavior

management system shall be provided to all residents as part of a

formal orientation conducted by program staff. The behavior

management system shall include, but need not be limited to, the

following:

A. A design that incorporates the principles of child

and adolescent growth and development;

B. Identification of positive behaviors that residents

are encouraged to exhibit which may include:

i.

Cooperation;

ii. Relationships with peers;

iii. Relationships with authority;

iv. Management of conflict;

v.

Demonstration of accepted social values;

vi. Personal hygiene habits;

vii. Nutritional habits;

viii. Care of property; and

ix. Use of time and resources.

C. Proportional incentives and rewards for residents

who exhibit the identified positive behaviors (e.g., including

enhanced privileges such as special visits, long distance

telephone calls, music, movies, treats, events);

32

D. Procedures to routinely evaluate, as well as provide feedback to, residents regarding their progress in the behavior management system; and
E. A system of disciplinary measures to hold residents proportionately accountable for negative behaviors, with prohibitions against:
i. Permitting a resident to administer discipline to another resident;
ii. Denying visitation with parents or the juvenile's attorney;
iii. Withholding or altering meals or snacks; iv. Use of drugs; v. Use of corporal, abusive or degrading disciplinary measures.
XVIII. GRIEVANCE PROCEDURE 1. The facility administrator shall establish a grievance and appeals procedure for residents through which they may resolve issues and concerns relating to their care and treatment. An age and language-appropriate written and verbal explanation of the procedures to be followed for grievances or appeals shall be provided to all residents as part of a formal orientation conducted by program staff. The grievance and appeals procedure shall have the following requirements:
A. A written summary of the circumstances relating to the grievance and/or appeal provided by the resident;
33

i. For residents that have limited communication skills, a non-involved staff person shall be provided to assist in the preparation of the grievance and/or appeal;
B. Written responses to all grievances and appeals, including the reason for the decision;
C. A response, which includes an explanation to the resident as to what will occur, within 24 hours with special provisions for responding to emergencies;
D. Supervisory review of grievances and appeals within 72 hours?
E. Participation by staff and residents in the procedures design and operation;
F. Access by all juveniles to the grievance procedure, with guarantees against reprisals;
G. The ability of residents to grieve any behavior or disciplinary action of Shawnee County Youth Center staff or other juveniles.
XIX. EDUCATION 1. A regular schedule of instruction and related educational services appropriate to the needs of each juvenile shall be offered to each juvenile at Shawnee County Youth Center. 2. During the local school year, each juvenile at Shawnee County Youth Center shall receive a minimum of six (6) hours of instruction per day, excluding weekends and holidays, unless a special education student's IEP specifically indicates otherwise.
34

For purposes of this provision, one hour of instruction is deemed to be the equivalent of one regular school period, unless otherwise defined by state statute or regulation.
3. The third-party defendant U.S.D. 501 will provide educational services to every juvenile who is subject to the compulsory attendance requirements of the state of Kansas, as set forth in K.S.A. 72-1111 and K.S.A. 72-977 and amendments thereto, including each juvenile who has been determined to be an exceptional child and for whom special education services have been determined to be necessary. U.S.D. 501 is not required to provide educational services to juveniles during a period when such juveniles are expelled or suspended for an extended term from their most recent educational placement. However, U.S.D. 501 will provide educational services to all juveniles at Shawnee County Youth Center not specifically described above, including juveniles who are currently expelled or suspended, who desire to receive such services and who elect to participate in the educational program offered by U.S.D. 501. Provision of educational services for both mandatory and voluntary participants in the U.S.D. 501 program shall be conditioned upon adherence to reasonable rules of behavior established by U.S.D. 501. Instructional services for juveniles at Shawnee County Youth Center who are not subject to state compulsory attendance requirements and who elect not to participate in the program offered by U.S.D. 501 shall be provided by the defendants. U.S.D. 501 will assist and cooperate with the defendants in developing an educational program for the
35
*!

defendants' use in providing instruction to those residents who do not participate in the program offered by U.S.D. 501. However, U.S.D. 501 will have no responsibility for the implementation of this program.
4. Beginning with the fall semester of school year 1995/ 1996, U.S.D. 501 shall furnish two (2) full-time certified teachers for the provision of classroom instruction and other educational services of residents of Shawnee County Youth Center.
5. Between the time of admission to Shawnee County Youth Center and the detention hearing, every juvenile admitted to Shawnee County Youth Center who is not required to participate in the education program offered by U.S.D. 501 shall be given the opportunity to elect to participate in this program. The juvenile shall be given a description of both the educational program offered by U.S.D. 501 and the alternative program provided by Shawnee County Youth Center staff to assist the juvenile in making this election. A juvenile who initially chooses not to participate in the program offered by U.S.D. 501, and who subsequently wishes to participate in that program may be permitted to do so, in the discretion of and pursuant to reasonable conditions established by U.S.D. 501.
6. Basic information concerning a juvenile's education and background shall be obtained from the juvenile, either as a part of the procedure for admission of the juvenile to Shawnee County Youth Center, or at some time prior to the juvenile's detention hearing. This information shall be collected for the purpose of
36

enabling the educational personnel at Shawnee County Youth Center to promptly contact the juvenile's home district for additional information and appropriate educational records if the juvenile is ordered detained at Shawnee County Youth Center and will participate in the educational program offered by U.S.D. 501, and to assist educational planning for the juvenile until the additional information and appropriate records are obtained. It should include, but need not be limited to:
A. The juvenile's current educational placement, including the school district, school, grade level and courses enrolled in;
B. Whether the juvenile has a current IEP; C. The juvenile's most recent educational placement, if not currently enrolled, including the school district, school, grade level and courses enrolled in, the date of last attendance, and the reason for discontinuing attendance; and D. Whether the juvenile has obtained a GED. 7. On the next scheduled school day after a detention hearing at which a juvenile is ordered detained at Shawnee County Youth Center, a functional assessment shall be administered by qualified educational personnel to each juvenile who will participate in the U.S.D. E501 educational program to assess general academic functioning and to assist in placing the juvenile in appropriate grade levels in various subject areas. 8. No later than the next scheduled school day after a detention hearing at which a juvenile is ordered detained at
37

Shawnee County Youth Center, an oral or written request for educational information concerning each juvenile who will participate in the U.S.D. 501 education program shall be made to the juvenile's home school district and/or prior residential placement. This request shall include, but need not be limited to:
A. The juvenile's most recent educational placement, including grade level, courses enrolled in, and current assignments;
B. Any exceptionality; C. Any current Individual Educational Plan (IEP); and D. Grade, progress, attendance and behavioral reports. The third-party defendant U.S.D. 501 shall instruct all schools within U.S.D. 501 to respond to such requests within two (2) working days. All information and records shall be maintained in the resident's file at Shawnee County Youth Center, consistent with state and federal laws. 9. A plan to meet the educational needs of each juvenile participating in the U.S.D. 501 education program shall be developed, using the information obtained pursuant to paragraphs 6-8 above, which shall provide for a regular schedule of instruction and related educational services appropriate to the needs of the juvenile. This plan shall be developed within 24 hours, excluding weekends and holidays, of the completion of the functional assessment and receipt of the juvenile's educational information and shall include, but need not be limited to, the
38

subjects in which instruction will be provided, the texts and/or other materials to be used, and the means by which the juvenile's progress will be evaluated.
10. Each juvenile ordered detained at Shawnee County Youth Center shall begin participation in the education program no later than the next scheduled school day after the detention hearing. For those juveniles who are participating in the U.S.D. 501 education program, a temporary plan based upon the functional assessment, information obtained from the juvenile, and any other pertinent information available to educational personnel at Shawnee County Youth Center shall be utilized until the planning described in paragraph 9 above has been developed.
11. For each participant in the U.S.D. 501 educational program who is currently enrolled in a Kansas public school, contact shall be made with the juvenile's home school district to maintain the continuity of each juvenile's education. Unless inappropriate, a request shall be made to obtain assignments from the juvenile's home school district on a regular and periodic basis during the juvenile's stay at Shawnee County Youth Center. Grade and progress reports shall be provided on a regular basis to the home school district so that the child may receive credit for the work completed.
12. A core curriculum of instruction in the areas of language arts, calculations, non-laboratory science and social studies shall be provided to participants in the education program offered by U.S.D. 501. Instruction and/or assistance in other
39

areas shall be offered whenever feasible as part of a plan to maintain the continuity of a juvenile's education in his or her home school. A minimum of four (4) regular periods per school dayshall be devoted to instruction in core subjects, unless educationally inappropriate for a particular student. It is not necessary to provide instruction in four separate core subjects in order to satisfy this requirement. In addition to the core curriculum, instruction by or under the direction or supervision of certified teachers may also be offered in areas such as a computer skills, social and life skills, physical education and other topics. Assistance in preparing for the GED examination shall be offered to participants in the U.S.D. 501 program who are not currently enrolled in a home school and who wish to obtain a GED.
13. If a juvenile at Shawnee County Youth Center has been identified as exceptional and has a current IEP, the IEP, including related services, will be obtained and implemented at Shawnee County Youth Center except in those instances where implementation of IEP, or a portion thereof, is not reasonably calculated to confer educational benefit upon the juvenile. Instruction for exceptional children with IEPs shall be provided by teachers certified in specicLl education, unless instruction of such children by teachers without special education certification is appropriate and consistent with the child's IEP. If the provisions of this paragraph are inconsistent with the
40

requirements of paragraph 12 above, the provisions of this paragraph shall take precedence.
14. If modifications to a juvenile's IEP are desirable or necessary, all provisions set out in federal and state laws and regulations for revision of IEPs shall be observed.
15. U.S.D. 501 shall afford all exceptional children at Shawnee County Youth Center, who are participating in its educational program and their parents, the due process rights set out in federal and state statutes and regulations with respect to special education actions taken or proposed by U.S.D. 501 while the juvenile is at Shawnee County Youth Center. U.S.D. 501 shall not be required to assume responsibility for due process proceedings pending in another school district at the time of the juvenile's admission to Shawnee County Youth Center, or to afford due process rights with respect to special education taken or proposed by another school district. If a juvenile's release from Shawnee County Youth Center is scheduled to take place within ten (10) school days from the date a request for a due process hearing is received, U.S.D. 501 is not required to provide the hearing.
16. Appropriate steps shall be taken by U.S.D. 501 to screen and perform a comprehensive evaluation for juveniles participating in its education program at Shawnee County Youth Center who have not been identified as exceptional and who do not have an IEP, but who may appear to be in need of special education services, unless a juvenile's predicted length of stay at Shawnee County Youth Center would not permit such steps to be meaningfully initiated.
41

If indicated, a multidisciplinary comprehensive diagnostic evaluation shall be conducted. In making such determinations, due consideration shall be given to the emotional distress and anxiety which often accompany secure detention and the impact of these emotions upon a juvenile's ability to learn or function normally in an educational environment, as well as the unique features of the educational environment at Shawnee County Youth Center. All assessments shall be done in the juvenile's primary language.
17. Educational programming and services shall be offered at Shawnee County Youth Center throughout the regular school year. Depending upon the availability of funding, a supplemental summer program will be offered by U.S.D. 501.
18. All reasonable efforts shall be made to obtain substitute teachers when regular teachers in the U.S.D. 501 program are unable to be present.
19. The educational program shall be integrated into the facility's behavior management and security systems. Educational staff shall participate in resident staffings and briefings, when appropriate, in order to ensure that appropriate behaviors are generalized, transferred and maintained in settings other than the classroom.
20. Educational staff shall be entitled to participate in all general staff meetings of the facility and shall be consulted on administrative decisions that may affect educational programming for residents at Shawnee County Youth Center.
42

21. The U.S.D. 501 education program shall receive supervision and evaluation on a regular and thorough basis by administrative personnel from U.S.D. 501, with Shawnee County Youth Center staff assistance provided as needed. The program supervisor will make at least quarterly site visits to Shawnee County Youth Center to provide supervision to U.S.D. 501 educational personnel, to coordinate and consult with Shawnee County Youth Center staff concerning the provision of educational services to all Shawnee County Youth Center residents, and to verify information provided to the program supervisor by U.S.D. 501 educational personnel.
22. The following information will be furnished by U.S.D. 501 education personnel at Shawnee County Youth Center to the U.S.D. 501 program supervisor at least quarterly:
A. A brief description of the schedule and course offerings;
B. Descriptive statistics to include: 1. Number of students participating; 2. Age, grade, district and school of attendance of participating students; 3. Number of special education students; 4. Average daily attendance and average number of days attended; 5. Range of daily attendance and number of days attended; 6. Other information as determined by management needed.
43

C. Samples of plans developed to meet the educational needs of residents participating in the program;
D. Samples of progress reports on those students with over five consecutive days of school attendance; and
E. Number of requests for related services and comprehensive evaluations, and the responses made to these requests.
This information and material will be assembled and furnished by the U.S.D. 501 program super-visor to counsel for the plaintiffs on a quarterly basis. In addition, the program supervisor shall furnish to counsel for the plaintiffs a copy of the initial annual U.S.D. 501 budget for its education program at Shawnee County Youth Center, a copy of any initial application for a grant of state moneys submitted to the Kansas Board of Education pursuant to K.S.A. 72-8187, and a copy of any initial request for and allocation of Chapter 1 funds for the provision of educational services at Shawnee County Youth Center. These documents shall be furnished to plaintiffs' counsel within thirty days of finalization or receipt, as applicable.
23. Adequate and appropriate space and furnishings for the required classroom instruction and related educational services shall be made available by the defendants.
24. Materials and equipment appropriate to meet the educational needs of juveniles at Shawnee County Youth Center shall be provided, including, but not limited to, an adequate
44

number of computers and appropriate software, curricular materials, text books, and resource books.
25. A safe and secure educational environment for juveniles and educational staff will be provided by the defendants.
26. The third-party defendant U.S.D. 501 shall use its best efforts, to obtain an adequate amount of federal and state funding for use in providing educational and related services to residents at Shawnee County Youth Center, and shall ensure that all funds so obtained are utilized for their intended purposes. The insufficiency of federal and state funds to fully fund the provisions of this section shall not relieve the third-party defendant U.S.D. 501 of its obligations under this section. However, a substantial reduction in the funds currently available to U.S.D. 501 for the provision of educational services to students in juvenile detention centers shall constitute a sufficient basis for U.S.D. 501 to petition the court for appropriate relief.
XX. FACILITY STAFFING AND TRAINING 1. Defendants agree to comply with the regulations found at Kansas Administrative Regulation 28-4-353a(h) with respect to staff professional development and training for all staff at the Shawnee County Youth Center. 2. The facility staff development and training program will be planned, coordinated and supervised by a qualified supervisory employee.
45

3. The facility's staff development and training program will be evaluated and updated based on an annual assessment that identifies current job-related training needs.

XXI. CLASSIFICATION

1. The facility shall maintain a system of classifying

residents upon admission which will ensure that each resident is

protected from the threat of hairm, violence and suicide.

2. Classification

procedure

shall provide for

identification of the least restrictive placement, consistent with

the individual needs of the juvenile and the security needs of the

facility and other residents.

3. The facility shall screen all residents upon admission

utilizing a standardized, objective classification or risk

assessment instrument to determine the risk of suicide, serious

emotional disturbance and danger to others at the facility, as

well as to determine the appropriate level of restrictiveness.

Residents determined to be at risk of suicide or severe emotional

disturbance shall receive mental health assessment and treatment.

4. To the maximum extent possible, the facility shall

control and/or separate the following residents:

A. Dangerous residents from those who are not;

B. Male and female residents;

C. Emotionally disturbed and/or suicidal residents

from those who are not;

D. Children in need of care from juvenile offenders;

46

E. Young residents from older residents. 5. The facility shall provide each resident with a copy of a resident handbook. The purpose of this handbook is to advise residents of their rights and inform them about the institutional program, applicable rules of conduct, and potential sanctions for violations of rules. The facility shall make the handbook available in Spanish. 6. The facility shall also provide an orientation for each newly admitted resident. The orientation shall include information on the rights of residents in the institutional program, responsibilities of residents in secure confinement, rules of conduct, and potential sanctions.
XXII. FACILITY PROGRAMS 1. The facility shall maintain a written plan and daily routine for all juveniles which shall include meals, rest and sleep, personal hygiene, physical exercise, recreation, counseling, education and social services. All volunteers utilized by Shawnee County Youth Center shall be screened and provided with appropriate training and supervision.
XXIII. TERM OF CONSENT DECREE 1. All parties will be in compliance with this Consent Decree within thirty (30) days following the entry of the Court's Order. The Consent Decree will remain in full force and effect until such time as all residents are fully removed from the
47
T

current Shawnee County Youth Center facility and placed in the new facility.
XXIV. ENFORCEMENT AND MONITORING 1. Bruce Linhos is hereby designated to monitor and oversee the implementation of the terms of this Consent Decree and/or the plan or plans established to implement the terms of the Consent Decree. The Board of County Commissioners of Shawnee County shall bear the responsibility for payment of all reasonable and necessary costs of the monitoring, pursuant to a schedule or agreement to be approved by the Court. If the Monitor subsequently becomes unable or unwilling to perform his duties, the parties will designate a replacement Monitor, who shall be subject to approval by the Court- If the parties are unable to agree upon a replacement Monitor within thirty (30) days after learning of the current Monitor's inability or unwillingness to continue to serve in that capacity, the Court shall appoint a replacement Monitor. Section XIX, Education, shall govern the monitoring of the educational program conducted at the Shawnee County Youth Center by third party defendant U.S.D. 501. All persons asserting any claim or demand concerning or involving the educational program conducted at the Shawnee County Youth Center by third party defendant U.S.D. 501 must first fully exhaust all administrative remedies available to such persons before any claim or demand may be asserted against third party defendant U.S.D. 501 under this
48
T

Settlement Agreement and Consent Decree. In the event no administrative remedy is applicable to such claim or demand, or all available administrative remedies have been exhausted, the same must first be presented to the monitor for consideration as otherwise provided in this Section XXIV, Enforcement and Monitoring. The provisions of this subsection shall also apply to any claims or demands made under this Settlement Agreement and Consent Decree by the defendants against third party defendant U.S.D. 501.
2. The Monitor shall inspect the Shawnee County Youth Center facility within ninety (90) days of the entry of the Consent Decree and once every six (6) months thereafter. The Monitor may inspect more often to observe facility action in response to identified problems. The facility shall cooperate fully with the Monitor's inspections and make available to the Monitor necessary documentation, facility staff and residents for interviews as necessary. The Monitor need not inspect every six (6) months after one year following the signing of the Consent Decree if the Monitor determines that such inspections are not necessary.
3. The Monitor shall meet with all the parties together to discuss the findings contained in the Monitor's 90-day report. Thereafter, the Monitor shall issue a written report within thirty (30) days of any inspection describing the facility's progress in achieving compliance with this Consent Decree and its
49

implementation plans. The Monitor shall provide copies of the report to the Court and the parties. Any party may respond to any report filed by the Monitor within ten (10) days after receipt of the report, requesting that the Monitor revise any findings or conclusions contained in the report. The Monitor shall respond to such requests within ten (10) days after receipt. The report of the Monitor shall be final and binding unless any party files objections with the Court within thirty (30) days after receipt of the report, or of any modification thereto. The Court shall hear the matters de novo, and the burden of persuasion shall be on the party filing the objections. The parties will take prompt action to remedy any areas of noncompliance with the Consent Decree cited in the Monitor's report, or any modification thereof, except for any provisions of the report to which they file objections with the Court.
4. Any party may raise questions of compliance with this Consent Decree and its implementation plans. Any party's questions of compliance and all individual complaints regarding compliance with this Consent Decree must first be presented to the Monitor. If the Monitor is unable to resolve the questions informally, any party may request that the Monitor make findings of fact within ten (10) days after the failure of the Monitor's efforts at informal resolution. The Monitor shall make such findings of fact within ten (10) days after receipt of a request therefor. The findings of fact shall be final and binding unless
50

any party files objections with the Court within thirty (30) days. The Court shall hear the matter de novo and the burden of persuasion shall be on the party filing the objections.
5. This Consent Decree resolves all matters of issue between the parties with the exception of plaintiffs' claims for attorneys' fees and costs. Counsel for plaintiffs further agree to forthwith dismiss the pending administrative complaint filed with the Kansas State Board of Education on or about August 1, 1994. Plaintiffs and their counsel agree that they will not claim prevailing party status in this litigation by virtue of the parties' agreement to stipulate to class certification and monitoring. Plaintiffs and their counsel agree that the time period for which attorneys' fees and costs are sought terminates upon approval of this Consent Decree by the Court. Plaintiffs and their counsel agree that they will not claim attorneys' fees and costs for prosecution of the issue of attorneys' fees in the District Court unless there is a finding of bad faith on the part of the defendants. The parties agree in the event of an appeal by defendants of an adverse ruling by the District Court on the issue of plaintiffs' attorneys' fees and costs, plaintiffs are entitled to seek attorneys' fees and costs for the time spent in preparation on appeal. All parties further agree that defendants or third party defendants shall not be liable to pay any or all of plaintiffs' attorneys' fees or costs to monitor and enforce this Consent Decree after it is signed unless the Court finds defendants or third party defendants to be in contempt.
51
*!

6. Counsel for defendant Board of County Commissioners shall provide to plaintiffs' counsel a daily population count and list of known offenses on the 1st and 15th day of each month for ninety (90) days following the signing of this Consent Decree.

XXV. CLASS CERTIFICATION This action is certified as a class action pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure and is binding on all current and future class members. Plaintiffs T.Y., D.S. and B.A. are certified as class representatives for a class consisting of all juveniles who are or will be confined at the Shawnee County Youth Center during the term of this Consent Decree. The class is represented by attorneys Larry Rute of Kansas Legal Services, Inc. and Claudia J. York of Shughart, Thomson and Kilroy, P.C.

IT IS SO ORDERED.

Entered this

day of

, 1995.

APPROVED:

Dale E. Saffels United States District Judge

Larry R. Rute, No. 815 0 Judy Jones, No. 13 626 KANSAS LEGAL SERVICES 712 S. Kansas Avenue, 2nd Floor Topeka, Kansas 66603 (913) 233-2068 FAX: (913) 354-8311

Claudia J. York SHUGHART, THOMSON & KILROY, PC Mo. Bar No. 27220 120 West 12th Street Kansas City, Missouri 64105 (816) 421-3355 FAX: (816) 374-0509

52

and
Charles J. Hyland SHUGHART, THOMSON & KILROY, PC Ks. Bar No. 14 613 32 Corporate Woods, Suite 1100 9225 Indian Creek Parkway Overland Park, Kansas 66210 (913) 451-3361
Attorneys for Plaintiffs

Ann L. Hoover, No. 95 66 Mark L. Bennett, Jr., No. 57 81 BENNETT & DILLON L.L.P. 1605 S.W. 37th Street Topeka, Kansas 66611 (913) 267-5063

Sandra L. Jacquot, No. 14121 Susana L. Valdovinos, No. 13866 Office of County Counselor Shawnee County Courthouse 200 S.E. 7th Street, Room 102 Topeka, Kansas 66603-3922 (913) 233-8200, Ext. 4042

Attorneys for Defendants and Third-Party Plaintiffs

Michael George, No. 10400 Kenneth R. Smith, No. 10598 Department of Social and
Rehabilitation Services Docking State Office Bldg. Room 530 915 S.E. Harrison Street (913) 296-3967
Attorneys for Third-Party Defendants State of Kansas Department of Social and Rehabilitation
Services and Donna L. Whiteman

53

Arthur E. Palmer, No. 05949 John D. Ensley, No. 11626 GOODELL, STRATTON, EDMONDS
& PALMER, LLP 515 S. Kansas Avenue Topeka, KS 66603 (913) 233-0595
Attorneys for Third Party Defendant U.S.D. No. 501, Shawnee County, Kansas
54

DETENTION ASSESSMENT (Revised 5-9-95)

I. PRELIMINARY ASSESSMENT

A. Detain on all district court judicial warrants. If SCYC population
exceeds 20 or more, contact t.hft rrvurt or call thft .Judge. B.
Arrest reportforFelony involving violence to persons. C.
Arrest tor battery of a residential provider D.
Alleged violation of burglary, weapon involved, or sale of drug

Yes No Yes No _ Yes No Yes No

AND in addition:

Y N Prior failure to appear, or

•>r

Y N Presently awaiting adjudication or disposition:

(ReleasYe if NoN- CoPmripolretaerreUst.siffoarncyrimorees oYfevsi)olence

n.
A.

DETENTION ASSESSMENT

(Circle one la each category)

Most Serious Current Offense

1. Any Felony Involving Violence to Persons or Any Felony

12

Involving Weapons or Sale of Drugs

2. Other Felony

9

3. Any Felony Warrant Outside Jurisdiction

12

4. Any DUI. Reckless or Eluding

6

B.

Other Cases

1. Each Felony Arrest or Pending Case Involving a Weapon

2. Each Misdemeanor Arrest or Pending Case

_

1

3. Each Felony Within Past Week

6

4. Arrest for Battery of a residential provider

_

C. Prior Adjudications

1. Each Felony Adjudication in Last 12 Months

6

2. Each Misdemeanor Adjudication in Last 12 Months

3

D. Legal Status

1. Presently Committed to Any State Youth Center

12

2. Presently Placed Out of Home and Last Adjudication

6

Within 90 Days

3. Presently Placed Out of Home and Last Adjudication

3

Over 90 Days

E. Aggravating or Mitigating Factors 1. DuslrieUudgc Contacted & Finds Aggravation (May Add 1-2 Points w/Reason(s) Documented)
2. District Judge Contacted & Finds Conduct Mitigated (Mav Subtract 1-2 Points W/Reason(s) Documented)

TOTAL SCORE [Add A Oiru E) O-6=Considered Placement 7-1 l=Shelter Screen

12+=Secujre Detention

 
 District of Kansas - Docket Report

Page 1 of 23

U.S. District Court District of Kansas (Topeka) CIVIL DOCKET FOR CASE #: 5:94-cv-04079-DES-RN

CLOSED

Petty, et al v. Shawnee County, KS, et al Assigned to: Senior Judge Dale E. Saffels Referred to: Magistrate Judge Ronald Newman Demand: $0 Cause: 28:1331 Federal Question: Other Civil Rights

Date Filed: 05/19/1994 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff
Lynette Petty a minor, by her next friend other T Y

represented by Charles J. Hyland Hyland Law Firm LLC 9101 W. 110th St. - Ste. 220 Overland Park, KS 66210 913-498-1911 Fax: 913-498-1950 Email: cjh@hlfllc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Claudia J. York Shughart Thomson & Kilroy, PC Twelve Wyandotte Plaza 120 West 12th Street Kansas City, MO 64105-1929 816-421-3355 Fax: 374-0509 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith A. Jones Protection and Advocacy, Inc. OCRA 100 Howe Ave Suite 240N Sacramento, CA 95825 916-575-1615 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Larry R. Rute Associates in Dispute Resolution, LLC 212 SW 8th Ave Ste 102 Topeka, KS 66603 785-357-1800 Fax: 785-357-0002 Email: staff@adr.kscoxmail.com

https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?782904788403375-L_280_0-1

10/14/2005

District of Kansas - Docket Report

Page 2 of 23

Plaintiff P C a minor, by his next friend other B A
Plaintiff A M a minor by his next friends other D S
Plaintiff Lynette Petty on hehalf of themselves and all others similarly situated, a minor by his next friends

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Charles J. Hyland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Claudia J. York (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith A. Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Larry R. Rute (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Charles J. Hyland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Claudia J. York (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith A. Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Larry R. Rute (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Charles J. Hyland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?782904788403375-L_280_0-1

10/14/2005

District of Kansas - Docket Report other D S
V. Defendant County of Shawnee, Kansas

Page 3 of 23
Claudia J. York (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith A. Jones (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Larry R. Rute (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ann L. Hoover 5611 S.W. Barrington Ct.-Ste. 100 Topeka, KS 66614-2489 785-272-3000 Fax: 785-272-3003 Email: alh2@prodigy.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark L. Bennett, Jr. Bennett & Hendrix, LLP 5605 S.W. Barrington Ct. South Suite 201 Topeka, KS 66614 785-271-0800 Fax: 785-271-0803 Email: mark@mlbjrlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sandra L. Jacquot League of Kansas Municipalities 300 S.W. 8th Street Topeka, KS 66603-3912 785-354-9565 Fax: 785-354-4186 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susana L. Valdovinos Office of Affirmative Action/ Kansas

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Defendant Donald J Cooper Chairman
Defendant Victor W Miller Vice Chairman

Page 4 of 23
State 214 Anderson Hall Manhattan, KS 66506-0104 785-532-6220 Fax: 785-532-4374 Email: svaldovi@ksu.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ann L. Hoover (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark L. Bennett, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sandra L. Jacquot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susana L. Valdovinos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ann L. Hoover (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark L. Bennett, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sandra L. Jacquot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susana L. Valdovinos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant Winifred Kingman member of the Shawnee County Commission in their official capacities
Defendant Earl Hindman Director of the Shawnee County Department of Corrections, in his official capacity
Defendant Gary (nmi) Bayens Administrator of Shawnee County Youth Center, in his official capacity

represented by Ann L. Hoover (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark L. Bennett, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sandra L. Jacquot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susana L. Valdovinos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ann L. Hoover (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark L. Bennett, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sandra L. Jacquot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susana L. Valdovinos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ann L. Hoover (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark L. Bennett, Jr.

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Third Party Plaintiff County of Shawnee, Kansas
Third Party Plaintiff Donald J Cooper Third Party Plaintiff Victor W Miller Third Party Plaintiff Winifred Kingman Third Party Plaintiff Earl Hindman

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(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sandra L. Jacquot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susana L. Valdovinos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ann L. Hoover (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark L. Bennett, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sandra L. Jacquot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susana L. Valdovinos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ann L. Hoover (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Third Party Plaintiff Gary (nmi) Bayens
V. Third Party Defendant Social and Rehabilitation Services, Kansas Department of

Mark L. Bennett, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sandra L. Jacquot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susana L. Valdovinos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ann L. Hoover (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark L. Bennett, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sandra L. Jacquot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susana L. Valdovinos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kenneth R. Smith Kansas Department of Corrections Hoyt 13855 102nd Road Hoyt, KS 66440 913-727-3235 Fax: 913-727-2675 Email: KenSm@kdoc.dc.state.ks.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Third Party Defendant Donna L Whiteman Secretary of Social & Rehabilitation Services, in her official capacity
Third Party Defendant Unified School District #501, Topeka Shawnee County, Kansas

Michael George Shawnee County Sheriff's Office 320 S. Kansas Ave. Ste. 200 Topeka, KS 66603 785-368-2200 Fax: 785-368-2338 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kenneth R. Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael George (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Arthur E. Palmer Goodell, Stratton, Edmonds & Palmer Top 515 South Kansas Avenue Topeka, KS 66603-3999 785-233-0593 Fax: 785-233-8870 Email: apalmer@goodellstrattonlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John D. Ensley Goodell, Stratton, Edmonds & Palmer 515 South Kansas Avenue Topeka, KS 66603-3999 785-233-0593 Fax: 233-8870 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/19/1994
05/19/1994

#

Docket Text

1 COMPLAINT w/designation of place of trial - ; Summons(es) issued; Jury Demand ( case referred to Magistrate Judge Ronald Newman (SAL) (Entered: 05/20/1994)

FILING FEE PAID: on 5/19/94 in the amount of $ 120.00, receipt #

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Page 9 of 23

05/19/1994
05/19/1994
05/23/1994
06/03/1994 06/20/1994 06/21/1994 06/21/1994 06/21/1994 06/21/1994 06/21/1994 06/21/1994 06/21/1994
06/21/1994
06/21/1994 06/21/1994
06/21/1994

033700. (SAL) (Entered: 05/20/1994)
2 MOTION by plaintiffs for attorney Claudia J. York to appear pro hac vice; referred to Magistrate Judge Ronald Newman (LAK) (Entered: 05/20/1994)
FILING FEE PAID on 5/19/94 in the amount of $ 25.00, receipt # 033701 for pro hac vice fees for Claudia J. York (LAK) (Entered: 05/20/1994)
3 ORDER ENTERED: by Magistrate Judge Ronald Newman granting motion for attorney Claudia J. York to appear pro hac vice; [2-1] (cc: all counsel) (CEL) (Entered: 05/23/1994)
4 AMENDED COMPLAINT [1-1] by plaintiffs (DO) (Entered: 06/06/1994)
9 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Earl Hindman on 5/20/94 summons attached (DO) (Entered: 06/21/1994)
SUMMONS issued as to defendant Shawnee County, KS (LAK) Modified on 06/21/1994 (Entered: 06/21/1994)
SUMMONS issued as to defendants on amended complaint (LAK) (Entered: 06/21/1994)
5 RETURN OF SERVICE executed upon defendant Victor W Miller on 5/19/94 by certified mail (LAK) (Entered: 06/21/1994)
6 RETURN OF SERVICE executed upon defendant Donald J Cooper on 5/19/94 by certified mail (LAK) (Entered: 06/21/1994)
7 RETURN OF SERVICE executed upon defendant Winifred Kingman on 5/19/94 by certified mail (ICMSUSER) (Entered: 06/21/1994)
8 RETURN OF SERVICE executed upon defendant Gary (nmi) Bayens on 5/19/94 by certified mail (ICMSUSER) (Entered: 06/21/1994)
10 RETURN OF SERVICE executed upon defendant Earl Hindman, Director of Shawnee Cty Dept of Corr on 6/21/94 (CEL) (Entered: 06/21/1994)
11 RETURN OF SERVICE executed upon defendant Gary Bayens, Administrator of Shawnee Cty Youth Ctr on 6/21/94 (CEL) (Entered: 06/21/1994)
12 RETURN OF SERVICE executed upon defendant Winifred Kingman, Shawnee Cty Commissioner on 6/21/94 (CEL) (Entered: 06/21/1994)
13 RETURN OF SERVICE executed upon defendant Victor W Miller, Vice-Chairman Shawnee Cty Commission on 6/21/94 (CEL) (Entered: 06/21/1994)
14 RETURN OF SERVICE executed upon defendant Donald J Cooper, Shawnee Cty Commission on 6/21/94 (CEL) (Entered: 06/21/1994)

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06/21/1994 06/21/1994 06/21/1994 06/23/1994 06/23/1994 06/30/1994 07/05/1994 07/05/1994 07/05/1994 07/07/1994 07/07/1994
07/11/1994 07/13/1994 07/13/1994
07/14/1994

15 RETURN OF SERVICE executed to Board of County Commissioners of the County of Shawnee c/o Ann L. Hoover on 6/21/94 (CEL) (Entered: 06/21/1994)
16 ENTRY OF APPEARANCE for defts Shawnee County, KS, Earl Hindman, Gary (nmi) Bayens by Ann L. Hoover & Mark L. Bennett Jr. (LAK) (Entered: 06/22/1994)
17 ENTRY OF APPEARANCE for defts Shawnee County, KS, Earl Hindman, Gary (nmi) Bayens by Sandra L. Jacquot & Susana L. Valdovinos (LAK) (Entered: 06/22/1994)
18 MOTION by plaintiffs for preliminary injunction referred to Senior Judge Dale E. Saffels (CEL) (Entered: 06/23/1994)
19 MEMORANDUM in support by plaintiffs re: [18-1] motion for preliminary injunction referred to Senior Judge Dale E. Saffels [18-1] (CEL) (Entered: 06/23/1994)
20 NOTICE of hearing on motion of pltf for preliminary injunction before Hon. Senior Judge Dale E. Saffels on 7/27/94 at 9:00 a.m. [18-1] (cc: all counsel) (CEL) (Entered: 07/01/1994)
21 THIRD-PARTY COMPLAINT: - by defendants against SRS, Donna L Whiteman, USD 501 Topeka (MB) (Entered: 07/06/1994)
SUMMONS issued as to third-party defendants (MB) (Entered: 07/06/1994)
22 ANSWER - by defendant to amended complaint [4-1] (MB) (Entered: 07/06/1994)
23 MOTION by defendants to continue the hearing on pltf's motion for a preliminary injunction currently set for 7/27/94, referred to Senior Judge Dale E. Saffels (DO) (Entered: 07/08/1994)
24 MEMORANDUM/BRIEF in support by defendants of motion to continue the hearing on pltf's motion for a preliminary injunction currently set for 7/27/94, referred to Senior Judge Dale E. Saffels [23-1] (DO) (Entered: 07/08/1994)
25 MOTION by defendants & third-party plaintiffs to extend time additional (2) days to 7/15/94 to respond to pltfs' motion for preliminary injunction referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/12/1994)
26 RESPONSE by plaintiffs to defts' motion to continue the hearing on pltf's motion for a preliminary injunction currently set 7/27/94, referred to Senior Judge Dale E. Saffels [23-1] (CEL) (Entered: 07/13/1994)
27 ORDER ENTERED: by Senior Judge Dale E. Saffels granting defts & 3rd party pltfs' motion to extend time to 7/15/94 to respond to pltfs' motion for preliminary injunction [25-1] (cc: all counsel) (CEL) (Entered: 07/13/1994)
28 MOTION by plaintiffs for order requesting class certification referred to

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Page 11 of 23

07/14/1994 07/15/1994 07/15/1994 07/18/1994 07/18/1994 07/19/1994 07/19/1994
07/20/1994 07/21/1994 07/21/1994 07/21/1994 07/21/1994 07/21/1994 07/22/1994

Senior Judge Dale E. Saffels (CEL) (Entered: 07/15/1994)
29 MEMORANDUM in support by plaintiff re: pltf's motion for order requesting class certification referred to Senior Judge Dale E. Saffels [281] (CEL) (Entered: 07/15/1994)
30 RESPONSE by defendants & third-party plaintiffs to motion for preliminary injunction referred to Senior Judge Dale E. Saffels [18-1] (CEL) (Entered: 07/19/1994)
31 REPLY by defendants & third-party plaintiffs to pltfs' response to motion for continuance [26-1] (CEL) (Entered: 07/19/1994)
32 RETURN OF SERVICE of notice of summons & third-party complaint executed upon third-party defendant SRS Legal Division on 7/7/94 (CEL) (Entered: 07/19/1994)
33 RETURN OF SERVICE of summons & third-party complaint executed upon third-party defendant Board of Education USD 501 Topeka on 7/6/94 (CEL) (Entered: 07/19/1994)
34 SUPPLEMENTAL REPLY by defendants & third-party plaintiffs to pltfs' response to motion for continuance [31-1] (CEL) (Entered: 07/20/1994)
35 MINUTE ORDER - ENTERED: by Clerk denying defts' motion to continue the hearing on pltf's motion for a preliminary injunction currently set for 7/27/94 [23-1] (cc: all counsel) (CEL) (Entered: 07/20/1994)
36 CLERK'S ORDER ENTERED: granting deft an additional (10) days to 8/5/94 to answer or otherwise plead to 3rd-Party Complaint (cc: all counsel) (CEL) (Entered: 07/21/1994)
37 ANSWER - by third-party defendants State of KS dept of SRS & Donna L Whiteman to third-party complaint [21-1] (CEL) (Entered: 07/22/1994)
38 MOTION/APPLICATION by plaintiffs for order re: petition for habeas corpus ad testificandum naming Sabrina Stonebarger referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/22/1994)
39 MOTION/APPLICATION by plaintiffs for order re: petition for habeas corpus ad testificandum naming Joel D. Collins referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/22/1994)
40 MOTION/APPLICATION by plaintiffs for order re: petition for habeas corpus ad testificandum naming Bilal A. Adams referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/22/1994)
41 MOTION/APPLICATION by plaintiffs for order re: petition for habeas corpus ad testificandum naming Antawin B. Lyons referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/22/1994)
42 ORDER ENTERED: by Senior Judge Dale E. Saffels granting pltfs' motion for order re: petition for habeas corpus ad testificandum naming

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Page 12 of 23

07/22/1994
07/22/1994
07/22/1994
07/22/1994 07/25/1994 07/25/1994 07/25/1994 07/25/1994 07/25/1994 07/26/1994 07/26/1994 07/26/1994 07/27/1994

Joel D. Collins scheduled for 7/27/94 at 9:00 a.m.; Writ issued to USM on 7/25/94 [39-1] (cc: all counsel) (CEL) Modified on 07/25/1994 (Entered: 07/25/1994)
43 ORDER ENTERED: by Senior Judge Dale E. Saffels granting pltfs' motion for order re: petition for habeas corpus ad testificandum naming Bilal A. Adams scheduled for 7/27/94 at 9:00 a.m.; Writ issued to USM on 7/25/94 [40-1] (cc: all counsel) (CEL) (Entered: 07/25/1994)
44 ORDER ENTERED: by Senior Judge Dale E. Saffels granting pltfs' motion for order re: petition for habeas corpus ad testificandum naming Sabrina Stonebarger scheduled for 7/27/94 at 9:00 a.m.; Writs issued to USM 7/25/94 [38-1] (cc: all counsel) (CEL) (Entered: 07/25/1994)
45 ORDER ENTERED: by Senior Judge Dale E. Saffels granting pltfs' motion for order re: petition for habeas corpus ad testificandum naming Antawin B. Lyons scheduled for 7/27/94 at 9:00 a.m.; Writ issued to USM on 7/25/94 [41-1] (cc: all counsel) (CEL) (Entered: 07/25/1994)
46 MOTION by defendants to dismiss w/memorandum in support attached referred to Senior Judge Dale E. Saffels (CEL) (Entered: 07/25/1994)
47 ATTORNEY APPEARANCE for third-party defendants SRS & Donna L Whiteman by Michael George (MB) (Entered: 07/26/1994)
50 RETURN OF SERVICE on 7/20/94 by plaintiffs of subpoena to testify naming Johnnie C. Shears on 7/27/94 at 9:00 a.m. (CEL) (Entered: 07/28/1994)
51 RETURN OF SERVICE on 7/22/94 by plaintiffs of subpoena to testify naming Chris Ross-Baze of KS Dept of Health & Environment on 7/28/94 at 9:00 a.m. (CEL) (Entered: 07/28/1994)
52 RETURN OF SERVICE on 7/21/94 by plaintiffs of subpoena to testify naming Larry J. Huggins on 7/27/94 at 9:00 a.m. (CEL) (Entered: 07/28/1994)
53 RETURN OF SERVICE on 7/25/94 by plaintiffs of subpoena to testify naming Gary Bayens, Administrator, Shawnee Cty Youth Ctr on 7/27, 28, 29, 1994 at 9:00 a.m. (CEL) (Entered: 07/28/1994)
48 MOTION by third-party defendants SRS & Donna L Whiteman to dismiss for lack of jurisdiction referred to Senior Judge Dale E. Saffels (MB) (Entered: 07/27/1994)
49 MEMORANDUM in support by third-party defendants SRS & Donna L Whiteman re: motion to dismiss for lack of jurisdiction referred to Senior Judge Dale E. Saffels [48-1] (MB) (Entered: 07/27/1994)
54 RESPONSE by defendants & third-party plaintiffs to motion for order requesting class certification w/exhibit of Affidavit of Sally Bartlett attached [28-1] (CEL) (Entered: 07/28/1994)
55 MINUTE SHEET: on Settlement Hrg - Topeka, KS - Before Senior

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08/02/1994
08/02/1994
08/05/1994 08/05/1994 08/05/1994 08/05/1994 08/05/1994 08/05/1994 08/12/1994 08/21/1994 08/22/1994

Judge Dale E. Saffels; Parties submit proposed stipulation for partial dismissal for court approval; Court approves document; Parties allowed to close of business 7/29/94 to submit final draft of stipulation for execution by court; Court further directs parties are granted (30) days to 8/29/94 to resolve remaining issue in case; If resolution cannot be reached a preliminary injunction hrg is scheduled for 9/1/94 at 9:00 a.m.; (Lyon, CSR) (CEL) (Entered: 07/28/1994)
56 JOINT STIPULATION of partial settlement by plaintiffs, defendants & third-party plaintiffs w/an effective date of 8/1/94 re: [18-1] re motion for preliminary injunction referred Senior Judge Dale E. Saffels [18-1] (CEL) (Entered: 08/02/1994)
57 ORDER ENTERED: by Senior Judge Dale E. Saffels granting joint stipulation of partial settlement of motion for preliminary injunction; Parties given until 8/29/94 to reach agreement on remaining issue of overcrowding at SCYC facility; If parties are unable to reach agreement a hrg on the pltfs' motion for a preliminary injunction with respect to issue of overcrowding at SCYC facilty will be held before this court on 9/1/94 at 9:00 a.m. [56-1] (cc: all counsel) (CEL) (Entered: 08/02/1994)
58 ANSWER TO THIRD PARTY COMPLAINT re: [21-1] by third-party defendant USD 501 Topeka (CEL) (Entered: 08/09/1994)
59 RESPONSE by plaintiffs to motion to dismiss referred to Senior Judge Dale E. Saffels [46-1] (CEL) (Entered: 08/09/1994)
60 MOTION by third-party defendants SRS & Donna L Whiteman for order denying certification of lawsuit as a class action referred to Senior Judge Dale E. Saffels (MB) (Entered: 08/09/1994)
60 MOTION by third-party defendants SRS & Donna L Whiteman to dismiss them as parties referred to Senior Judge Dale E. Saffels (MB) (Entered: 08/09/1994)
61 MEMORANDUM in opposition by third-party defendants SRS & Donna L Whiteman re: motion for order requesting class certification referred to Senior Judge Dale E. Saffels [28-1] (MB) (Entered: 08/09/1994)
62 REPLY by plaintiff to defts' response to pltfs' motion for order requesting class certification referred to Senior Judge Dale E. Saffels [28-1] (MB) (Entered: 08/09/1994)
63 RESPONSE by plaintiffs re: third-party defts' memorandum in opposition to class certification [61-1] (CEL) (Entered: 08/12/1994)
71 NOTICE of hearing re: preliminary injunction hrg before Senior Judge Dale E. Saffels rescheduled to 10/11/94 at 9:00 a.m. (cc: all counsel) (CEL) (Entered: 09/01/1994)
64 MOTION by defendants and third-party plaintiffs Board of County Comm of Shawnee County, Cooper, Miller, Kingman, Hindman and Bayens to extend time until 8/24/94 to file a reply to pltfs' response to motion to dismiss, referred to Senior Judge Dale E. Saffels (DO)

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08/24/1994 08/24/1994 08/25/1994 08/30/1994 08/30/1994 08/31/1994 09/16/1994 09/16/1994 09/16/1994
09/16/1994
09/21/1994

(Entered: 08/23/1994)
65 ORDER ENTERED: by Senior Judge Dale E. Saffels granting defts & third-party pltfs' motion to extend time until 8/24/94 to file a reply to pltfs' response to motion to dismiss [64-1] (cc: all counsel) (CEL) (Entered: 08/24/1994)
66 RESPONSE by defendants & third-party plaintiffs to reply to motion to dismiss referred to Senior Judge Dale E. Saffels [46-1] (CEL) (Entered: 08/24/1994)
67 ORDER ENTERED: by Magistrate Judge Ronald Newman: Scheduling Conference set 10/5/94 @ 11:00 a.m. (cc: all counsel) (CAM) (Entered: 08/25/1994)
68 RETURN OF SERVICE 8/30/94 by Chris Ross-Baze, KS Dept Of Health & Environment of subpoena to testify (CEL) (Entered: 08/30/1994)
69 PETITION by plaintiffs for Habeas Corpus Ad Testificandum to produce Bilal A. Adams for a preliminary injunction set for 9/1/94 at 9:00 a.m. (CEL) (Entered: 08/30/1994)
70 ORDER ENTERED: by Senior Judge Dale E. Saffels In-court hearing re: preliminary injunction rescheduled to 10/11/94 at 9:00 a.m. (cc: all counsel) (CEL) (Entered: 09/01/1994)
72 MOTION by third-party defendant SRS for order to exclude expert testimony or to compel discovery referred to Magistrate Judge Ronald Newman (CEL) (Entered: 09/16/1994)
73 MEMORANDUM in support by third-party defendant SRS re: [72-1] motion for order to exclude expert testimony or to compel discovery referred to Magistrate Judge Ronald Newman [72-1] (CEL) (Entered: 09/16/1994)
74 MOTION by third-party defendant SRS to withdraw motion to exclude expert testimony or to compel discovery [72-1] & Memorandum of law in support of motion to exclude testimony or to compel discovery [73-1] referred to Magistrate Judge Ronald Newman (CEL) (Entered: 09/16/1994)
75 MEMORANDUM in support by third-party defendant SRS re: motion to withdraw motion to exclude expert testimony or to compel discovery [721] & Memorandum of law in support of motion to exclude testimony or to compel discovery [73-1] referred to Magistrate Judge Ronald Newman [74-1] (CEL) (Entered: 09/16/1994)
76 ORDER ENTERED: by Magistrate Judge Ronald Newman granting 3ddft's motion to withdraw motion to exclude expert testimony or to compel discovery [72-1] & [74-1], finding the motion for order to exclude expert testimony or to compel discovery [72-1] moot. (cc: all counsel) (CEL) (Entered: 09/21/1994)

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10/05/1994 10/05/1994 10/06/1994 10/06/1994 10/07/1994 10/07/1994 10/07/1994 10/07/1994 10/07/1994 10/11/1994 10/11/1994 10/12/1994 10/17/1994

77 MOTION by defts SRS & Donna L Whiteman for order to exclude expert testimony or to compel discovery referred to Senior Judge Dale E. Saffels (CEL) (Entered: 10/06/1994)
78 MEMORANDUM in support by defts SRS & Donna L Whiteman re: motion for order to exclude expert testimony or to compel discovery referred to Senior Judge Dale E. Saffels [77-1] (CEL) (Entered: 10/06/1994)
79 PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM requesting Tashara Yeargin now in custody of Shawnee Cty Dept of Corr - Shawnee Cty Youth Ctr testify 10/12/94 at 9:00 a.m. on pltfs' motion for a preliminary injunction hrg (CEL) (Entered: 10/06/1994)
80 PETITION FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM requesting Bilal A. Adams now in custody of Shawnee Cty Dept of Corr - Shawnee Cty Youth Ctr testify 10/12/94 at 9:00 a.m. on pltfs' motion for preliminary injunction (CEL) (Entered: 10/06/1994)
81 ORDER ENTERED: by Senior Judge Dale E. Saffels granting habeas corpus ad testificandum to produce Tashara Yeargin to custody of USM no later than 9:00 a.m. on 10/12/94 to testify & appear in USDC [79-1] (cc: all counsel) (CEL) (Entered: 10/07/1994)
WRIT OF HABEAS CORPUS AD TESTIFICANDUM issued to USM to deliver Tashara Yeargin to USDC at 9:00 a.m. on 10/12/94 to testify & appear (CEL) (Entered: 10/07/1994)
82 ORDER ENTERED: by Senior Judge Dale E. Saffels granting habeas corpus ad testificandum to produce Bilal A. Adams to custody of USM no later than 9:00 a.m. on 10/12/94 to testify & appear [80-1] (cc: all counsel) (CEL) (Entered: 10/07/1994)
WRIT OF HABEAS CORPUS AD TESTIFICANDUM to deliver Bilal A. Adams to USDC at 9:00 a.m. on 10/12/94 to testify & appear (CEL) (Entered: 10/07/1994)
83 ORDER ENTERED: by Senior Judge Dale E. Saffels granting in part and denying in part third-party dfts' motion for order to exclude expert testimony or to compel discovery [77-1] (cc: all counsel) (MS) Modified on 10/11/1994 (Entered: 10/07/1994)
84 RETURN OF SERVICE on 10/7/94 by Health & Env Dept KS; Attn Chris Ross-Baze of subpoena to produce & permit inspection of documents (CEL) (Entered: 10/11/1994)
85 MOTION by defendants in limine referred to Senior Judge Dale E. Saffels (CEL) (Entered: 10/11/1994)
86 PROTECTIVE ORDER & STIPULATION ENTERED: by Senior Judge Dale E. Saffels (filed in open court) (CEL) (Entered: 10/12/1994)
87 MINUTE SHEET of Preliminary Injunction Hrg: before Honorable Dale E. Saffels in Topeka, KS (Lyon, CSR) - In-court dates: 10/12/94-

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10/19/1994 10/20/1994 10/21/1994 10/26/1994 10/26/1994 10/31/1994
10/31/1994 11/03/1994 11/21/1994

10/14/94 & 10/17/94; denying defts' motion in limine [85-1]; granting oral motion of pltf to exclude prospective witnesses; denying oral motion of deft to strike testimony; Oral motion of deft for judgment as a matter of law at close of pltfs evidence taken under advisement; Parties report possibility of settlement; Court continues hrg to 10/31/94 at 9:00 a.m.; Court directs parties to report on progress by 10/19/94; Witness & exhibit lists attached (CEL) (Entered: 10/17/1994)
88 ORDER ENTERED: by Magistrate Judge Ronald Newman Settlement Conference set for 11/4/94 at 9:00 a.m. Pltfs shall provide to dfts a suggested settlement agreement by 10/21/94. By 10/28/94 dfts shall respond w/proposed settlement agreement (cc: all counsel) (MS) (Entered: 10/19/1994)
89 TRANSCRIPT of testimony of Ira M. Schwartz held 10/12/94 during injunction hearing before Hon. DES; I volume (CAM) (Entered: 10/20/1994)
90 MOTION by plaintiffs to extend time to 10/28/94 to provide defts w/suggested settlement agreement & defts be given until 11/4/94 to respond w/proposed settlement agreement referred to Magistrate Judge Ronald Newman (CEL) (Entered: 10/21/1994)
91 RETURN OF SERVICE executed on 10/25/94 by third-party defendant SRS of subpoena to produce & permit inspection & copying of the following documents etc. addressed to Earl Hindman, Director, Shawnee Cty Dept of Corr (CEL) (Entered: 10/26/1994)
92 RETURN OF SERVICE executed on 10/25/94 by third-party defendant SRS of subpoena to produce & permit inspection & copying of documents or objects etc. addressed to Michelle Hostetler, Assist Dist Atty, Office of Dist Atty (CEL) (Entered: 10/26/1994)
93 MINUTE SHEET: Before Honorable Dale E. Saffels: Topeka, KS; (Horenkamp, CSR) re: Status Conference Court directs further settlement negotiations be referred to Magistrate Judge Ronald C. Newman; Parties to appear before RCN: Friday, 11/4/94 at 9:00 a.m.; If no agreement is reached, parties are directed to appear before DES on Monday, 11/21/94 at 10:00 a.m. to resume preliminary injunction hrg; All subpoenas issued for this date will continue in effect to 11/21/94 hrg date (CEL) (Entered: 10/31/1994)
94 NOTICE of hearing before Honorable Dale E. Saffels; re [18-1] ; Preliminary injunction hearing scheduled for 11/21/94 at 10:00 a.m. (cc: all counsel) (CEL) (Entered: 10/31/1994)
95 ORDER ENTERED: by Magistrate Judge Ronald Newman finding the pltfs' motion to extend time to 10/28/94 to provide defts w/suggested settlement agreement & defts be given until 11/4/94 to respond w/proposed settlement agreement [90-1] moot. (cc: all counsel) (CEL) (Entered: 11/03/1994)
96 JOINT STIPULATION OF PARTIAL SETTLEMENT by plaintiffs,

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11/21/1994
12/06/1994 12/08/1994 12/15/1994 12/16/1994 12/22/1994 01/05/1995 01/05/1995 01/05/1995 01/25/1995 02/01/1995 02/01/1995

defendants, third-party plaintiffs & third-party defendants re: plaintiffs' motion for preliminary injunction referred to Senior Judge Dale E. Saffels [18-1] (CEL) (Entered: 11/21/1994)
97 ORDER ENTERED: by Senior Judge Dale E. Saffels granting joint stipulation of partial settlement re: plaintiffs' motion for preliminary injunction & constitutes final order of Court in this case with respect to the issue of overcrowding at SCYC facility & it be incorporated into any subsequent order of Court finally resolving the other issues in this action [96-1] (cc: all counsel) (CEL) (Entered: 11/21/1994)
98 MOTION by defendants & third-party plaintiffs to extend time additional (10) days to 12/22/94 to respond to pltfs' request for production referred to Magistrate Judge Ronald Newman (CEL) (Entered: 12/06/1994)
99 ORDER ENTERED: by Magistrate Judge Ronald Newman granting motion to extend time additional (10) days to 12/22/94 to respond to pltfs' request for production [98-1] (cc: all counsel) (MB) (Entered: 12/08/1994)
100 MINUTE ORDER - ENTERED: by Clerk denying pltfs' motion for preliminary injunction referred to Senior Judge Dale E. Saffels [18-1] (cc: all counsel) (CEL) (Entered: 12/15/1994)
101 ORDER/NOTICE ENTERED: by Magistrate Judge Ronald Newman ; Settlement Conference Hearing resumption will be held on 01/23/95 at 9:00 a.m. (cc: all counsel) (CEL) (Entered: 12/16/1994)
102 CERTIFICATE of svc of defts' response to request for production of documents nos. 1-5 by defendants & third-party plaintiffs (CEL) (Entered: 12/27/1994)
103 TRANSCRIPT of testimony of Sally Bartlett during injunction hearing before Honorable Dale E. Saffels held on 10/14/94 (Nora Lyon, CSR) (CEL) (Entered: 01/05/1995)
104 TRANSCRIPT of testimony of Gary Bayens during injunction hearing held before Honorable Dale E. Saffels on 10/12/94; Volume I (CEL) (Entered: 01/05/1995)
105 TRANSCRIPT of testimony of Gary Bayens during preliminary injunction hearing held before Honorable Dale E. Saffels on 10/13/94; Volume II (CEL) (Entered: 01/05/1995)
106 NOTICE ENTERED: by Magistrate Judge Ronald Newman: Settlement Hearing set 2/21/95 at 9:00 a.m. in Magistrate Judge's courtroom (cc: all counsel) (CAM) (Entered: 01/25/1995)
107 MOTION by plaintiffs to compel discovery referred to Magistrate Judge Ronald Newman (CEL) (Entered: 02/01/1995)
108 MEMORANDUM in support by plaintiffs re: pltfs' motion to compel discovery referred to Magistrate Judge Ronald Newman [107-1] (CEL) (Entered: 02/01/1995)

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02/13/1995 02/27/1995 02/28/1995 04/12/1995 06/01/1995 07/05/1995 07/10/1995 07/28/1995
07/28/1995 08/11/1995 08/16/1995 09/26/1995

109 RESPONSE by defendants Shawnee Cty Comm's, Cooper, Miller, Kingman, Hindman and Bayens to motion to compel discovery referred to Magistrate Judge Ronald Newman [107-1] (DO) (Entered: 02/14/1995)
110 NOTICE of hearing re [60-1] Hearing on motion of pltf for class certification & deft's motion to dismiss set 3/22/95 at 9:00 a.m. before Hon. DES (cc: all counsel) (CAM) (Entered: 02/27/1995)
111 NOTICE: Hearing before Senior Judge Dale Saffels on motion of plaintiff from class certification and motion of defendants to dismiss is rescheduled to 3/24/95 at 9:00 a.m. (cc: all counsel) (DO) (Entered: 03/01/1995)
112 NOTICE & ORDER ENTERED: by Magistrate Judge Ronald Newman ; Settlement Conference will be held on 4/24/95 at 9:00 a.m. (cc: all counsel) (CEL) (Entered: 04/12/1995)
113 NOTICE/ORDER ENTERED: by Magistrate Judge Ronald Newman ; Resumption of settlement hearing will be held on 6/20/95 at 1:30 p.m. (cc: all counsel) (CEL) (Entered: 06/01/1995)
114 NOTICE of hearing On approval of settlement hearing scheduled for 7/28/95 at 9:00 a.m. (cc: all counsel) (CEL) (Entered: 07/05/1995)
115 ORDER ENTERED: by Magistrate Judge Ronald Newman overruling without prejudice motion to compel discovery [107-1] (cc: all counsel) (CAM) (Entered: 07/10/1995)
116 MINUTE SHEET: Approval of Settlement - Topeka, KS - Court executes settlement agreement & consent decree; Case settled, all pending motions rendered moot; finding the motion to dismiss as parties [60-1] moot; finding the motion for order denying certification of lawsuit as a class action [60-1] moot; finding the motion to dismiss for lack of jurisdiction [48-1] moot; finding the motion to dismiss w/memorandum in support attached [46-1] moot; finding the motion for order requesting class certification [28-1] moot (Willard, CSR) (CEL) (Entered: 07/31/1995)
117 SETTLEMENT AGREEMENT & CONSENT DECREE ENTERED: by Senior Judge Dale E. Saffels (See 55 page order for further details) re: minute sheet [116-1] terminating case (cc: all counsel) (CEL) (Entered: 07/31/1995)
118 MOTION by plaintiffs to extend time to 9/26/95 to file motion for attorney's fees referred to Senior Judge Dale E. Saffels (CEL) (Entered: 08/11/1995)
119 ORDER ENTERED: by Senior Judge Dale E. Saffels granting motion by plaintiffs to extend time to 9/26/95 to file motion for attorney's fees [1181] (cc: all counsel) (CEL) (Entered: 08/16/1995)
120 MOTION by plaintiffs for attorneys fees & costs; referred to Senior Judge Dale E. Saffels (LAK) (Entered: 09/27/1995)

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09/26/1995 09/26/1995 09/26/1995 09/26/1995 09/26/1995 09/26/1995 09/27/1995 10/04/1995 10/06/1995
10/13/1995 10/16/1995 10/16/1995 10/17/1995

122 AFFIDAVIT of Claudia J. York re: motion by plaintiffs for attorneys fees & costs; referred to Senior Judge Dale E. Saffels [120-1] (LAK) (Entered: 09/27/1995)
123 AFFIDAVIT of Lowell C. Paul re: motion by plaintiffs for attorneys fees & costs; referred to Senior Judge Dale E. Saffels [120-1] (LAK) (Entered: 09/27/1995)
124 AFFIDAVIT of Larry R. Rute re: motion by plaintiffs for attorneys fees & costs; referred to Senior Judge Dale E. Saffels [120-1] (LAK) (Entered: 09/27/1995)
125 AFFIDAVIT of Pedro L. Irigonegaray re: motion by plaintiffs for attorneys fees & costs; referred to Senior Judge Dale E. Saffels [120-1] (LAK) (Entered: 09/27/1995)
126 AFFIDAVIT of Jerry R. Palmer re: motion by plaintiffs for attorneys fees & costs; referred to Senior Judge Dale E. Saffels [120-1] (LAK) (Entered: 09/27/1995)
127 STATEMENT of consultation by plaintiff re: motion by plaintiffs for attorneys fees & costs; referred to Senior Judge Dale E. Saffels [120-1] (LAK) (Entered: 09/27/1995)
121 MEMORANDUM in support re: motion by plaintiffs for attorneys fees & costs; referred to Senior Judge Dale E. Saffels [120-1] (LAK) (Entered: 09/27/1995)
128 MOTION by defendants & third-party plaintiffs to extend time (10) days to 10/16/95 to respond to pltfs' motion for attorney's fees & costs referred to Senior Judge Dale E. Saffels (CEL) (Entered: 10/05/1995)
129 ORDER ENTERED: by Senior Judge Dale E. Saffels granting motion by defendants & third-party plaintiffs to extend time to 10/16/95 to respond to pltfs' motion for attorney's fees & costs [128-1] (cc: all counsel) (CEL) (Entered: 10/06/1995)
130 MOTION by defendant/third-party pltf to extend time additional (2) days to 10/18/95 to respond to pltfs' motion for attorney fees referred to Senior Judge Dale E. Saffels (CEL) (Entered: 10/16/1995)
131 RESPONSE by third-party defendants SRS & Donna L Whiteman to motion by plaintiffs for attorneys fees & costs; referred to Senior Judge Dale E. Saffels [120-1] (CEL) (Entered: 10/16/1995)
132 MEMORANDUM OF LAW in support by third-party defendants SRS & defendant Donna L Whiteman re: response to motion of pltfs' request for atty's fees [131-1] (CEL) (Entered: 10/16/1995)
133 ORDER ENTERED: by Senior Judge Dale E. Saffels granting motion by defendant/third-party pltf to extend time to 10/18/95 to respond to pltfs' motion for attorney fees [130-1] (cc: all counsel) (CEL) (Entered: 10/17/1995)

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10/18/1995 10/31/1995 11/02/1995 11/03/1995 11/06/1995 11/07/1995 11/09/1995
11/13/1995 11/14/1995 11/17/1995 11/21/1995 11/21/1995 11/24/1995

134 RESPONSE by defendant/third-party plaintiff to motion by plaintiffs for attorneys fees & costs; referred to Senior Judge Dale E. Saffels [120-1] (CEL) (Entered: 10/18/1995)
135 REPLY by plaintiffs re: defts' response to pltf's motion for attorney's fees & costs [134-1] (CEL) (Entered: 11/03/1995)
136 MOTION by third-party defendant USD 501 Topeka to extend time to 11/17/95 to permit filing of response referred to Senior Judge Dale E. Saffels (CEL) (Entered: 11/03/1995)
137 REPLY by third-party defendant SRS to deft Shawnee County's response to defts' request for attorney's fees referred to Senior Judge Dale E. Saffels [120-1] (CEL) (Entered: 11/06/1995)
138 ORDER ENTERED: by Senior Judge Dale E. Saffels granting motion by third-party defendant USD 501 Topeka to extend time to 11/17/95 to permit filing of response to defts' response to motion for attorneys' fees & costs [136-1] (cc: all counsel) (CEL) (Entered: 11/06/1995)
139 MOTION by 3d party defendant SRS for leave to add pages to Exhibit D of the reply memorandum of 3d party deft SRS to deft Shawnee County's response to defts' request for atty's fees; referred to Senior Judge Dale E. Saffels (LAK) (Entered: 11/08/1995)
140 ORDER ENTERED: by Senior Judge Dale E. Saffels granting motion by 3d party defendant SRS for leave to add pages to Exhibit D of the reply memorandum of 3d party deft SRS to deft Shawnee County's response to defts' request for atty's fees; [139-1] (cc: all counsel) (MS) (Entered: 11/09/1995)
141 MOTION by defts and third-party pltfs for leave to file reply to thirdparty deft SRS' reply memorandum; referred to Senior Judge Dale E. Saffels (MS) (Entered: 11/13/1995)
142 ORDER ENTERED: by Senior Judge Dale E. Saffels granting motion by defts and third-party pltfs for leave to file reply to third-party deft SRS' reply memorandum and shall file it by 11/24/95 [141-1] (cc: all counsel) (MS) (Entered: 11/14/1995)
143 RESPONSE by third-party defendant USD 501 Topeka re: [134-1] motion response by defts to pltfs' motion for attys' fees and costs (MS) (Entered: 11/20/1995)
144 MOTION by plaintiffs for order to show cause to defts for disobedience of the settlement agreement; referred to Senior Judge Dale E. Saffels (LAK) (Entered: 11/22/1995)
145 MEMORANDUM in support re: motion by plaintiffs for order to show cause to defts for disobedience of the settlement agreement; referred to Senior Judge Dale E. Saffels [144-1] (LAK) (Entered: 11/22/1995)
146 REPLY by defendants, and third-party plaintiffs to responses by SRS and USD 501 to defts' response to motion by plaintiffs for attorneys fees &

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12/08/1995 12/20/1995 12/29/1995 12/29/1995 01/11/1996 01/12/1996 01/17/1996
01/17/1996
01/19/1996

costs; referred Senior Judge Dale E. Saffels [120-1] (MS) (Entered: 11/24/1995)
147 RESPONSE by defendants & third-party plaintiffs to motion by plaintiffs for order to show cause; referred to Senior Judge Dale E. Saffels [144-1] (MS) (Entered: 12/11/1995)
148 REPLY by plaintiffs to defts' response to motion by plaintiffs for order to show cause to defts for disobedience of the settlement agreement; referred to Senior Judge Dale E. Saffels [144-1] (MS) (Entered: 12/20/1995)
149 MEMORANDUM AND ORDER: by Senior Judge Dale E. Saffels granting motion by plaintiffs for attorneys fees & costs as modified in the amount of $138,256.48; [120-1] 16 pages (cc: all counsel) (MS) (Entered: 12/29/1995)
150 JUDGMENT ON DECISION BY THE COURT ENTERED - CLERK: re [149-1], Memorandum and Order - IT IS ORDERED AND ADJUDGED that the plaintiffs' motion for attorney's fees and costs is granted as modified in the amount of $138,256.48. (cc: all counsel) (MS) (Entered: 12/29/1995)
151 MOTION by defts and third-party pltfs to extend time to 2/5/96 to file their Motion to Alter or Amend Judgment; referred to Senior Judge Dale E. Saffels (MS) (Entered: 01/12/1996)
MOTION by pltfs to extend time to 1/26/96 to file a motion to reconsider the Ct's decision of 12/29/95; referred to Senior Judge Dale E. Saffels (MS) (Entered: 01/16/1996)
153 MEMORANDUM AND ORDER: by Senior Judge Dale E. Saffels denying motion by plaintiffs for order requiring the defts to show cause why they should not be held in contempt for disobedience of the Settlement Agreement and Consent Decree entered by this Ct 7/28/95; IT IS FURTHER ORDERED that the provision in the contract between Shawnee Cty and Mr. Linhos which forbids ex parte communications between the monitor and counsel for any of the parties is unenforceable as an impermissible modification of the underlying consent decree [1441] 8 pages (cc: all counsel) (MS) (Entered: 01/17/1996)
154 JUDGMENT ON DECISION BY THE COURT ENTERED - CLERK: IT IS ORDERED AND ADJUDGED that the pltfs' motion for an order requiring the defts to show cause why they should not be held in contempt for disobedience of the Settlement Agreement and Consent Decree entered by this Ct on 7/28/95 is denied. IT IS FURTHER ORDERED AND ADJUDGED that the provision in the contract between Shawnee Cty and Mr. Linhos which forbids ex parte communications between the monitor and counsel for any of the parties is unenforceable as an impermissible modification of the underlying consent decree (cc: all counsel) (MS) (Entered: 01/17/1996)
155 ORDER ENTERED: by Senior Judge Richard D. Rogers granting motion

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01/19/1996 01/26/1996 01/26/1996 02/05/1996 02/05/1996 02/07/1996 02/16/1996 02/23/1996 03/21/1996
05/07/1996
05/07/1996 08/06/1996

by defts and third-party pltfs to extend time to 2/5/96 to file their Motion to Alter or Amend Judgment; [151-1] (cc: all counsel) (MS) (Entered: 01/19/1996)
156 ORDER ENTERED: by Senior Judge Richard D. Rogers granting motion by pltfs to extend time to 1/26/96 to file a motion to reconsider the Ct's decision of 12/29/95; [152-1] (cc: all counsel) (MS) (Entered: 01/19/1996)
157 MOTION by pltfs for reconsideration of order of 12/29/95; referred to Senior Judge Dale E. Saffels (MS) (Entered: 01/29/1996)
158 MEMORANDUM in support by plaintiff re: [157-1] motion by pltfs for reconsideration of order of 12/29/95; referred to Senior Judge Dale E. Saffels (MS) (Entered: 01/29/1996)
159 MOTION by defts and third-party pltfs for reconsideration; referred to Senior Judge Dale E. Saffels (MS) (Entered: 02/06/1996)
160 MEMORANDUM/BRIEF in support by defendants and third-party plaintiffs re: [159-1] motion by defts and third-party pltfs for reconsideration; referred to Senior Judge Dale E. Saffels (MS) (Entered: 02/06/1996)
161 RESPONSE by defendants and third-party plaintiffs to motion by pltfs for reconsideration of order of 12/29/95; referred to Senior Judge Dale E. Saffels [157-1] (MS) (Entered: 02/08/1996)
162 RESPONSE by plaintiffs to motion by defts and third-party pltfs for reconsideration; referred to Senior Judge Dale E. Saffels [159-1] (MS) (Entered: 02/16/1996)
163 REPLY by defendants and third-party plaintiffs to pltfs' response to motion by defts and third-party pltfs for reconsideration; referred to Senior Judge Dale E. Saffels [159-1] (MS) (Entered: 02/26/1996)
164 ORDER ENTERED: by Senior Judge Dale E. Saffels stating that the attachments submitted with deft and third-party pltf's Memorandum filed 11/24/95, shall be withdrawn and redacted attachments which delete identifying information of the juveniles shall be submitted (cc: all counsel) (MS) (Entered: 03/21/1996)
165 MEMORANDUM AND ORDER: by Senior Judge Dale E. Saffels denying motion by defts and third-party pltfs for reconsideration, [1591]; and denying motion by pltfs for reconsideration of Memorandum and Order 12/29/95, [157-1]; 7 pages (cc: all counsel) (MS) (Entered: 05/07/1996)
166 JUDGMENT ON DECISION BY THE COURT ENTERED - CLERK: re [165-1], Memorandum and Order; pltfs' motion to reconsider (Doc. 157) is denied, and defts' motion to reconsider (Doc. 159) is denied (cc: all counsel) (MS) (Entered: 05/07/1996)
167 SATISFACTION OF JUDGMENT re: [150-1], judgment as to

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12/23/1996 01/02/1997 01/07/1997

defendants in the amount of $138,256.48 has been paid in full by defts (MS) (Entered: 08/07/1996)
168 ORDER FOR DISPOSAL OF EXHIBITS ENTERED: by Senior Judge Dale E. Saffels (cc: all counsel) (LAK) (Entered: 12/23/1996)
169 RECEIPT FOR EXHIBITS RETURNED to defts - exhibits 401-416 and 418-425 (MS) (Entered: 01/03/1997)
170 RECEIPT FOR EXHIBITS RETURNED to pltf - exhibits 1-39 (MS) (Entered: 01/08/1997)

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