Case 3:11-cv-00327-DPJ-FKB Document 1 Filed 06/01/11 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIP I
JACKSON DIVISION

)

J.H., by and through his next friend,

)

Terina Gray; on behalf of himself

)

and all persons similarly situated,

)

)

)

Plaintiff,

)

v.

)

)

HINDS COUNTY, MISSISSIPPI,

)

)

Defendant.

)

----------------------------~)

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

1. This is a civil action pursuant to 42 U.S.C. § 1983 to vindicate the rights of

children imprisoned at the Henley-Young Juvenile Justice Center (hereinafter

"Henley-Young") under the Eighth and Fourteenth Amendments to the United States

Constitution. The Plaintiff represents a class of children who have suffered abuse and

live in unsafe and unsanitary conditions at Henley-Young. Henley-Young's

inhumane and unconstitutional practices include regularly isolating children in small

cells for 20 - 23 hours a day and subjecting them to sensory deprivation. Children

languish in their cells receiving sporadic access to educational services and

counseling services. Children with serious mental health needs are frequently denied

the services necessary to treat their conditions. Henley-Young staff torment youth-

including those living with mental illness-with taunts and threats that constitute

verbal abuse. One officer told a suicidal youth that if the youth succeeded in killing

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himself it would be okay-because there would be one less child to care for inside of the facility. Another staff member threatened to come to a child's house and harm his family because the child took too long in the shower. These violations reflect a disorganized, understaffed facility that houses children in brutal, abusive conditions. 2. On behalf of himself and all similarly situated children, the named Plaintiff seeks declaratory, preliminary, and permanent injunctive relief requiring that the Defendant cease its unconstitutional policies and practices at Henley-Young and provide class members with the standard of care and conditions of confinement mandated by the United States Constitution.
PARTIES 3. Plaintiff J.H. is a twelve-year-old male who lives with various mental health diagnoses, including attention deficit hyperactivity disorder, and is currently imprisoned at Henley-Young. On behalf of himself and all similarly situated children, he brings this action by and through his next friend and mother, Terina Gray. J.H. is confined at Henley-Young pre-adjudication. 4. The named Plaintiff's plight echoes the stories of many youth imprisoned at Henley-Young. Children uniformly describe Henley-Young as a facility where youth languish without necessary mental health services, are regularly verbally abused, harassed, and taunted by officers and where they are almost always confined in small cells for approximately 20 hours a day. These conditions violate the constitutional rights of the named Plaintiff and all similarly situated children, all of whom are entitled to reasonably safe and sanitary conditions of confinement and protection from harm.
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5. Defendant Hinds County is a governmental entity with responsibility to "establish and maintain detention facilities, shelter facilities ... or any other facility necessary to carry on the work of the youth court." Miss. Code Ann. § 43-21-19. Hinds County is the entity with ultimate responsibility to secure and protect the rights of children held at Henley-Young.
JURISDICTION AND VENUE 6. The named Plaintiffs cause of action arises under the Eighth and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1983. 7. Jurisdiction in this Court is proper pursuant to 28 U.S.C. § 1331. 8. Venue in this Court is proper under 28 U.S.C. § 1391(b). Defendant resides in this district, and the events and omissions complained of occurred in this district.
CLASS ACTION ALLEGATIONS 9. The named Plaintiff brings this suit on his own behalf and on behalf of all children who are, or will in the future be, imprisoned at the Henley-Young Juvenile Justice Center. 10. The class is so numerous that joinder of all members is impractical. HenleyYoung has the capacity to house 84 youth at one time and well over 300 youth pass through the facility in a one-year time period. Accordingly, the Defendant has subjected hundreds of children to abusive conditions. Further, because children remain at Henley-Young for varying lengths of time, and the population changes on a daily basis, the class also includes future members whose names are not known at this time. Fed. R. Civ. P. 23(a)(1).
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11. There are questions of law and fact common to all class members, including but not limited to the Defendant's failure to provide class members with constitutionally adequate mental health care, the Defendant's policy and practice of subjecting class members to prolonged periods of cell confinement, and the Defendant's failure to otherwise provide class members with constitutionally safe and humane conditions of confinement. Fed. R. Civ. P. 23(a)(3). 12. Because the policies, practices, and customs challenged in this Complaint apply with equal force to the named Plaintiff and the other members of the class, the claims of the named Plaintiff are typical of the class in general. Fed. R. Civ. P. 23(a)(3). 13. The named Plaintiff will fairly and adequately represent the interests of the class. He possesses a strong personal interest in the subject matter of the lawsuit and is represented by experienced counsel with expertise in class action litigation in federal court. Counsel has the legal knowledge and resources to fairly and adequately represent the interests of all class members in this action. Fed. R. Civ. P. 23(a)(4). 14. The Defendant refuses to act on grounds generally applicable to the class in that Defendant's policies and practices of violating the Plaintiffs constitutional rights have affected all class members. Accordingly, final injunctive and declaratory relief is appropriate to the class as a whole. Fed. R. Civ. P. 23(b)(2).
STATEMENT OF FACTS 15. Henley-Young is the largest detention center in the State and has the capacity to house 84 youth. There are currently 37 children being held in the facility. HenleyYoung holds children awaiting adjudication and disposition by the Hinds County
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Youth Court. It may also hold youth for up to 90 days as a post-adjudication disposition. Miss. Code Ann. § 43-21-605(1 )(k). Youth are regularly incarcerated at Henley-Young both before and after disposition. 16. This complaint describes conditions that currently exist and gives examples involving specific youth who are and recently were incarcerated at Henley-Young.
Excessive Cell Confinement 17. Defendant has a custom and/or practice of confining youth in oppressively small cells that contain nothing but a toilet, sink, and bed for 20-23 hours per day. Youth imprisoned at Henley-Young spend the majority of their time in their cells with absolutely nothing to do, requiring them to sit or lie idle in their cells for extended periods of time. Only a select few youth are allowed to have reading materials from Henley-Young's school in their cells and the majority of the youth are not allowed to have any type of reading or writing materials in their cells, with the exception of a Bible. 18. Defendant has a custom and/or policy of failing to provide children with access to regular physical exercise, recreation, or any other rehabilitative programming. Youth are occasionally permitted to exercise, but are generally denied the opportunity to engage in any large muscle exercise for days at a time. 19. Since his admission into Henley-Young, IH. has spent 20 hours a day locked inside of cell with limited human interaction. He is denied access to all rehabilitative and educational programming and is provided only extremely limited opportunities to engage in large muscle exercise.
Inadequate Mental Health Care
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20. The Defendant fails to provide minimally adequate mental health services for the youth in its custody. The Defendant has a policy and practice of denying the Plaintiff access to mental health counseling, medication monitoring, and the staff fail to distribute and/or monitor youths' medications in compliance with professionally accepted standards of care. Most staff members are unable to recognize and properly react to the obvious needs of youth with known, demonstrable, serious mental health disorders. 21. Defendant fails to assure that youth are provided adequate psychological assessments upon admission to Henley-Young by trained mental-health professionals, resulting in under-identification of and inadequate treatment for youth with serious mental illnesses, developmental disabilities, or other disabilities. Defendant also fails to take steps to treat youths' pre-existing mental health conditions, causing youth to go without medication, psychological evaluations, and access to mental-health professionals. 22. Defendant routinely asks parents of youth detained at the facility to bring medication to the facility and has even threatened to report parents to the Mississippi Department of Human Services for neglect if they fail to do so. Defendant depends on the parents/guardians of youth detained at Henley-Young to provide medication, rather than securing medication for youth in its custody. 23. Prior to his admission to Henley-Young, l.H. was prescribed and took Risperidone daily to address his mental health needs. l.H. arrived at the facility without his medication and went without his medication for two days. He was only able to resume taking his prescription after he informed his mother that he had not
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been provided his medication. In response to this denial, J.H. 's mother brought his pills to the detention center. If J.H.'s mother had been unable to bring the medication to Henley-Young, it is likely that he would have been deprived of his medication for the duration of his detention. Despite his pronounced mental health needs, J.H. received no mental health counseling or treatment for the duration of his imprisonment at Henley-Young. 24. In April 2011, Henley-Youth staff denied W.J., a sixteen-year-old youth with serious mental health needs, the Melatonin, Cogentin and Zyprexa that he regularly took in order to treat his mental health needs and to help him sleep. As a result of this denial, W.J. often had trouble falling asleep. 25. In May 2011, D.C., a twelve-year-old youth with a history of serious mental health issues was detained at Henley-Young for well over a month. During this entire time period, Henley-Young staff refused to provide him with mental health services-including but not limited to prescription medication. Because he was denied treatment for his mental health needs, D.C. began to experience suicidal thoughts and attempted to harm himself by banging his head against the walls of his cell. Despite his clearly manifested need for treatment, Henley-Young staff refused to provide D.C. with adequate care. 26. In October 2010, D.I., a seventeen-year old youth, began cutting himself with a razor-this self-harming behavior was a manifestation of serious mental health need. Instead of providing D.1. with the required care, Henley-Young staff taunted the youth and commented that if he succeeded in killing himself, there would be "one less person officers have to worry about."
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Verbal Abuse 27. Staff at Henley-Young routinely subject youth confined at the facility to verbal and physical abuse. The verbal abuse is usually in the form of cursing and threats of physical harm to youth, and in some instances family members of youth. Officers have even threatened to kill youth. This verbal abuse frequently escalates into physical assaults. Instead of employing de-escalation techniques, officers routinely use physical force to get youth to return to their cells. 28. While J.H. has been at Henley-Young, he has been targeted by staff because he continually cries and expresses his depression. Officers have called him a "cry baby" and have said "shut up you b---h" to him when he is crying. The officers have also threatened to beat J.H. as a consequence for his crying. As a result, J.H. does not feel safe at Henley-Young and is constantly afraid that the officers are going to harm him. This causes J.H. severe emotional distress. 29. In February 2011, an officer began cursing a youth who took too long to return to his cell after his shower. The officer began cursing the youth and told the youth that he worked for the police department and would find out where the youth lives and inflict harm on the youth and his family. In the days that followed this incident, the officer refused to allow the youth to shower on a daily basis. 30. Upon information and belief, and based on interviews with youth who are currently held or were recently held at Henley-Young, such verbal abuse is routinely inflicted on putative class members.
Inadequate Family Unification and Community Reintegration
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31. The Defendant has a custom and/or practice of placing an unnecessary burden on a youth's ability to maintain contact with their family members. This communication is essential for children's treatment and rehabilitation and for their eventual reintegration into the community. It is also important to ensure that the facility's policies and practices do not substantially depart from accepted professional judgment. 32. J.H. has been barred from engaging in regular communication with his mother since his arrival at Henley-Young. He was denied the opportunity to call his mother when he first entered the facility and approximately 24 hours elapsed before was allowed to speak with his mother.
NECESSITY FOR INJUNCTIVE RELIEF 33. The Defendant has acted and continues to act in violation of the law as explained above. The named Plaintiff and the class they seek to represent do not have an adequate remedy at law. As a result of the policies, practices, acts, and omissions of the defendant, the named Plaintiff, and the class he seeks to represent, has suffered serious, imminent, irreparable physical, mental and emotional injuries.
EXHAUSTION 34. The named Plaintiff has exhausted all available administrative remedies. Additionally, since June 2010, undersigned counsel has submitted weekly reports to the Defendants documenting these and other deficiencies and informed the Defendant of the same by letter from December 2009 to June 2010. The Defendants have failed to take any meaningful action to correct these constitutional violations and have
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allowed the children in their custody to languish in an abusive facility despite having clear notice that these violations persist.
CAUSES OF ACTION 35. Plaintiffs incorporate by reference all of the above factual allegations to support the following claims:
Count I 36. The conditions of confinement at Henley-Young and the Defendant's deliberate indifference to those conditions, considered both individually and in their totality, constitute cruel and unusual punishment and a denial of due process in violation of Plaintiffs rights under the Eighth and Fourteenth Amendments to the United States Constitution, as enforced through 42 U.S.C. § 1983.
Count II 37. Defendant's refusal to protect children from harm, otherwise keep them physically safe and secure and free from unconstitutional practices like excessive cell confinement, and verbal abuse violates plaintiffs constitutional rights under the Eighth Amendment and the Fourteenth Amendment to the United States Constitution, as enforced through 42 U.S.C. § 1983.
Count III 38. Defendant's deliberate indifference to the children's serious mental health needs and their right to rehabilitative services violates the Plaintiff s constitutional rights under the Eighth and Fourteenth Amendments to the United States Constitution, as enforced through 42 U.S.C. § 1983.
PRAYER FOR RELIEF
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a. Declare that the acts and omissions of the Defendant violate the federal law;
b. Enter a preliminary and permanent injunction requiring the Defendant, its agents, employees and all persons acting in concert with the Defendant to cease their unconstitutional and unlawful practices;
c. Award to the Plaintiff reasonable costs and attorney's fees; and
d. Grant the Plaintiff such other relief as the Court deems just.

L~. ("{)")).,, () Respectfully Submitted, ()

/}

10237~'- /s/ Corrie W. Cockrell
Corrie W. Cockrell, Miss. Bar No.

j)
(

Jody E. Owens, II, Miss. Bar No. 102333

Poonam Juneja, Miss. Bar No. 103181

Sheila A. Bedi, Miss. BarNo. 101652

Mississippi Youth Justice Project

A Project of the Southern Poverty Law

Center

921 N. President St., Suite B

Jackson, Mississippi 39202

jody.owens@splcenter.org

poonam.juneja@splcenter.org

corrie.cockrell@splcenter.org

sheila. bedi@splcenter.org

601-948-8882 (telephone)

601-948-8885 (fax)

Wendy White, Miss Bar No. 100409 Disability Rights Mississippi

Counsel for Plaintiffs.

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CERTIFICATE OF SERVICE

I, Corrie W. Cockrell, an attorney for the plaintiff, hereby certify that on June I,

2011, a true and correct copy of the foregoing document was delivered to the Attorney

for the Hinds County Board of Supervisors via hand delivery and electronic mail. Notice

ofthis filing will be sent bye-mail to all parties by the Court's electronic filing system.

Dated: June 1, 2011

C.;;;J-to (J L..Of)

'COCkr:~~, ~r. /s/ Corrie W.

Bar No. 102376

Southern Poverty Law Center

 
 Case 3:11-cv-00327-DPJ-FKB Document 6 Filed 06/06/11 Page 1 of 23

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

)

J.H., by and through his next friend,

)

Terina Gray; on behalf of himself

)

and all persons similarly situated, T.A., )

by and through his next friend,

)

Alice Austin, on behalf of himself and )

all persons similarly situated, and

)

DISABILITY RIGHTS MISSISSIPPI )

)

)

Plaintiffs,

)

v.

) Case No. 3:11-CV-327 DPJ-FKB

)

HINDS COUNTY, MISSISSIPPI,

)

)

Defendant.

)

)

AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

1. This is a civil action pursuant to 42 U.S.C. § 1983 to vindicate the rights of

children imprisoned at the Henley-Young Juvenile Justice Center (hereinafter

"Henley-Young") under the First, Eighth, and Fourteenth Amendments to the United

States Constitution and to enforce their rights to an effective, meaningful Protection

and Advocacy System ("P & A"). The Plaintiffs represent a class of children who

have suffered abuse and live in unsafe and unsanitary conditions at Henley-Young.

Henley-Young's inhumane and unconstitutional practices include regularly isolating

children in small cells for 20 - 23 hours a day and subjecting them to sensory

deprivation. Children languish in their cells receiving sporadic access to educational

services and counseling services. Children with serious mental health needs are

1

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frequently denied the services necessary to treat their conditions. Henley-Young staff torment youth-including those living with mental illness-with tmmts and threats that constitute verbal abuse. One officer told a suicidal youth that if the youth succeeded in killing himself it would be okay-because there would be one less child to care for inside of the facility. Another staff member threatened to come to a child's house and harm his family because the child took too long in the shower. These violations reflect a disorganized, tmderstaffed facility that houses children in brutal, abusive conditions. 2. On behalf of themselves and all similarly situated children, the named Plaintiffs seek declaratory, preliminary, and permanent injunctive relief requiring that the Defendant cease its unconstitutional policies and practices at Henley-Young and provide class members with the standard of care and conditions of confinement mandated by the United States Constitution. 3. Plaintiff Disability Rights Mississippi ("DRMS") is a non-profit agency with a federal mandate to protect the rights of individuals with disabilities. In order to ensure that DRMS can provide effective protection and advocacy services, federal law requires that juvenile detention centers provide DRMS with access to residents, facilities, and records. DRMS has exercised its access rights, through its contracted agent the Southern Poverty Law Center ("SPLC"), without interference from Hinds County since the summer of 2009 until June 2, 2011. DRMS/SPLC hoped to collaborate with the County to correct the tmlawful conditions in Henley-Young. Unfortunately, county officials have now barred DRMS from providing protection and advocacy services to the children imprisoned in Henley-Young.
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4. Moreover, the Defendant has interfered with youths' meaningful access to the courts by only allowing youth to speak with attorneys from DRMS/SPLC. The Defendant is no longer allowing youth to speak with advocates, interns, or anyone working under the authority of attorneys for DRMS/SPLC. Thus, rather than facilitate access to the courts as the Constitution demands, the Defendant has implemented a policy that limits youths' access to the courts. 5. The County's failure to comply with federal law leaves Plaintiff DRMS with no choice but to seek declaratory and preliminary and permanent injunctive relief to prevent Defendant from denying DRMS its right to complete, timely, and unaccompanied access to Henley-YOlmg, its staff, records, and youthful residents.
PARTIES 6. Plaintiff l.H. is a twelve-year-old male who lives with various mental health diagnoses, including attention deficit hyperactivity disorder, and is currently imprisoned at Henley-Young. On behalf of himself and all similarly situated children, he brings this action by and through his next friend and mother, Terina Gray. l.H. is confined at Henley-Young pre-adjudication. 7. Plaintiff T.A. is a fifteen-year-old male who lives with attention deficit hyperactivity disorder. T.A. is educationally mentally retarded and receives special education services. T.A. is currently imprisoned at Henley-Young. On behalf of himself and all similarly situated children, he brings this action by and through his next friend and mother, Alice Austin. T.A. is confined at Henley-Young as a postadjudication disposition entered by the Hinds County Youth Court.
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8. The named Plaintiffs' plight echoes the stories of many youth imprisoned at Henley-Young. Children uniformly describe Henley-Young as a facility where youth languish without necessary mental health services, are regularly verbally abused, harassed, and taunted by officers and where they are almost always confined in small cells for approximately 20 hours a day. These conditions violate the constitutional rights of the named Plaintiffs and all similarly situated children, all of whom are entitled to reasonably safe and sanitary conditions of confinement and protection from harm. 9. PlaintiffDRMS has a federal mandate to protect and advocate for the rights of persons with disabilities in Mississippi. Federal law extends this mandate to children with disabilities who are confined to juvenile detention centers. Through a contracted agent, DRMS devotes significant resources to investigating conditions of confinement and advocating on behalf of youth housed in juvenile facilities across the state of Mississippi. After having access to children with disabilities who are confined at Henley-Young for approximately two years, DRMS/SPLC, have now been denied access to these children. l 10. DRMS recently changed its name from Mississippi Protection and Advocacy Services, Inc. to Disability Rights Mississippi. Incorporated in 1976, DRMS has over thirty years experience protecting the rights of children with disabilities throughout 1 Federal law permits DRMS to designate agents with whom it contracts to assist in carrying out its responsibilities under federal law. 42 U.S.C. § 10804(a)(I)(A-B); 42 C.F.R. § 51.42(a). Pursuant to this authority, DRMS has contracted with the Mississippi Youth Justice Project (MYJP), a project of the Southern Poverty Law Center, to conduct monitoring activities in juvenile justice and mental health facilities throughout the state of Mississippi. When conducting monitoring under the P & A Acts, MYJP is an agent of DRMS and thus has the same access authority under federal law. See Exhibit A (Memorandum of Cooperation between MYJP and DRMS).
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the state of Mississippi. DRMS files this complaint in its own name to redress injuries to itself and to the children DRMS is mandated to serve. 11. Defendant Hinds County is a governmental entity with responsibility to "establish and maintain detention facilities, shelter facilities ... or any other facility necessary to carry on the work of the youth court." Miss. Code Ann. § 43-21-19. Hinds County is the entity with ultimate responsibility to secure and protect the rights of children held at Henley-Young.
JURISDICTION AND VENUE 12. The named Plaintiffs' cause of action arises nnder the First, Eighth, and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1983. 13. Plaintiffs' cause of action arises under the Protection and Advocacy for Individuals with Mental Illness Act of 1986 ("PAlMI Act"), 42 U.S.C. §§ 10801 et seq.; the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ("PADD Act"), 42 U.S.C. §§ 15001 et seq.; the Protection and Advocacy of Individual Rights Program ("PAIR Act"), 29 U.S.C. §§ 794e et seq. (these three laws are hereafter collectively referred to as "The P & A Acts"); and 42 U.S.C. § 1983. Jurisdiction in this Court is proper pursuant to 28 U.S.C. § 1331. 14. Jurisdiction in this Court is proper pursuant to 28 U.S.C. § l33l. 15. Venue in this Court is proper under 28 U.S.C. § 1391(b). Defendant resides in this district, and the events and omissions complained of occurred in this district.
CLASS ACTION ALLEGATIONS
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16. The named Plaintiffs bring this suit on their own behalf and on behalf of all children who are, or will in the future be, imprisoned at the Henley-Young Juvenile Justice Ceoter. 17. The class is so numerous that joinder of all members is impractical. HenleyYoung has the capacity to house 84 youth at one time and well over 300 youth pass through the facility in a one-year time period. Accordingly, the Defendant has subjected hundreds of children to abusive conditions. Further, because children remain at Henley-Yolmg for varying leogths of time, and the population changes on a daily basis, the class also includes future members whose names are not lmown at this time. Fed. R. Civ. P. 23(a)(I). 18. There are questions of law and fact common to all class members, including but not limited to the Defendant's failure to provide class members with constitutionally adequate mental health care, the Defendant's policy and practice of subjecting class members to prolonged periods of cell confinement, and the Defendant's failure to otherwise provide class members with constitutionally safe and humane conditions of confinement. Fed. R. Civ. P. 23(a)(3). 19. Because the policies, practices, and customs challenged in this Complaint apply with equal force to the named Plaintiffs and the other members of the class, the claims of the named Plaintiffs are typical of the class in general. Fed. R. Civ. P. 23(a)(3). 20. The named Plaintiffs will fairly and adequately represent the interests of the class. They possess a strong personal interest in the subject matter of the lawsuit and are represented by experienced counsel with expertise in class action litigation in
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federal court. Counsel has the legal knowledge and resources to fairly and adequately represent the interests of all class members in this action. Fed. R. Civ. P. 23(a)(4). 21. The Defendant refuses to act on grounds generally applicable to the class in that Defendant's policies and practices of violating the Plaintiffs' constitutional rights have affected all class members. Further, the Defendant's policy and practice of interfering with youths' constitutional right to access the courts has affected all class members equally. Accordingly, final injunctive and declaratory relief is appropriate to the class as a whole. Fed. R. Civ. P. 23(b)(2).
STATEMENT OF FACTS 22. Henley-Young is the largest detention center in the State and has the capacity to house 84 youth. There are currently 37 children being held in the facility. HenleyYoung holds children awaiting adjudication and disposition by the Hinds County Youth Court. It may also hold youth for up to 90 days as a post-adjudication disposition. Miss. Code Ann. § 43-21-605(1 )(k). Youth are regularly incarcerated at Henley-Young both before and after disposition. 23. This complaint describes conditions that currently exist and gives examples involving specific youth who are and recently were incarcerated at Henley-YOlmg.
Excessive Cell Confinement 24. Defendant has a custom and/or practice of confining youth in oppressively small cells that contain nothing but a toilet, sink, and bed for 20-23 hours per day. Youth imprisoned at Henley-Young spend the majority of their time in their cells with absolutely nothing to do, requiring them to sit or lie idle in their cells for extended periods of time. Only a select few youth are allowed to have reading
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materials from Henley-Young's school in their cells and the majority of the youth are not allowed to have any type of reading or writing materials in their cells, with the exception of a Bible. 25. Defendant has a custom and/or policy of failing to provide children with access to regular physical exercise, recreation, or any other rehabilitative programming. Youth are occasionally permitted to exercise, but are generally denied the opportunity to engage in any large muscle exercise for days at a time. 26. Since his admission into Henley-Young, J.H. has spent 20 hours a day locked inside of cell with limited human interaction. He is denied access to all rehabilitative and educational programming and is provided only extremely limited opportunities to engage in large muscle exercise.
Inadequate Mental Health Care 27. The Defendant fails to provide minimally adequate mental health services for the youth in its custody. The Defendant has a policy and practice of denying the Plaintiffs access to mental health counseling, medication monitoring, and the staff fail to distribute and/or monitor youths' medications in compliance with professionally accepted standards of care. Most staff members are unable to recognize and properly react to the obvious needs of youth with known, demonstrable, serious mental health disorders. 28. Defendant fails to assure that youth are provided adequate psychological assessments upon admission to Henley-Young by trained mental-health professionals, resulting in under-identification of and inadequate treatment for youth with serious mental illnesses, developmental disabilities, or other disabilities. Defendant also fails
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to take steps to treat youths' pre-existing mental health conditions, causing youth to go without medication, psychological evaluations, and access to mental-health professionals. 29. Defendant routinely asks parents of youth detained at the facility to bring medication to the facility and has even threatened to report parents to the Mississippi Department of Human Services for neglect if they fail to do so. Defendant depends on the parents/guardians of youth detained at Henley-Young to provide medication, rather than securing medication for youth in its custody. 30. Prior to his admission to Henley-Young, J.H. was prescribed and took Risperidone daily to address his mental health needs. J.H. arrived at the facility without his medication and went without his medication for two days. He was only able to resume taking his prescription after he informed his mother that he had not been provided his medication. In response to this denial, J.H.'s mother brought his pills to the detention center. If J.H. 's mother had been unable to bring the medication to Henley-Young, it is likely that he would have been deprived of his medication for the duration of his detention. Despite his pronounced mental health needs, I.H. received no mental health counseling or treatment for the duration of his imprisonment at Henley-Young. 31. In April 2011, Henley-Youth staff denied W.J., a sixteen-year-old youth with serious mental health needs, the Melatonin, Cogentin and Zyprexa that he regularly took in order to treat his mental health needs and to help him sleep. As a result of this denial, W.J. often had trouble falling asleep.
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32. In May 2011, D.C., a twelve-year-old youth with a history of serious mental health issues was detained at Henley-Young for well over a month. During this entire time period, Henley-Young staff refused to provide him with mental health services-including but not limited to prescription medication. Because he was denied treatment for his mental health needs, D.C. began to experience suicidal thoughts and attempted to harm himself by banging his head against the walls of his cell. Despite his clearly manifested need for treatment, Henley-Young staff refused to provide D.C. with adequate care. 33. In October 2010, D.l., a seventeen-year old youth, began cutting himself with a razor-this self-harming behavior was a manifestation of serious mental health need. Instead of providing D.l. with the required care, Henley-Young staff taunted the youth and commented that if he succeeded in killing himself, there would be "one less person officers have to worry about."
Verbal Abuse 34. Staff at Henley-Young routinely subject youth confined at the facility to verbal and physical abuse. The verbal abuse is usually in the form of cursing and threats of physical hann to youth, and in some instances family members of youth. Officers have even threatened to kill youth. This verbal abuse frequently escalates into physical assaults. Instead of employing de-escalation techniques, officers routinely use physical force to get youth to return to their cells. 35. While J.H. has been at Henley-Young, he has been targeted by staff because he continually cries and expresses his depression. Officers have called him a "cry baby" and have said "shut up you b---h" to him when he is crying. The officers have
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also threatened to beat J.H. as a consequence for his crying. As a result, J.H. does not feel safe at Henley-Young and is constantly afraid tbat the officers are going to harm him. This causes J.H. severe emotional distress. 36. In Febmary 2011, an officer began cursing a youth who took too long to return to his cell after his shower. The officer began cursing the youth and told the youth that he worked for the police department and would find out where the youth lives and inflict harm on the youth and his family. In the days that followed this incident, the officer refused to allow the youth to shower on a daily basis. 37. Upon information and belief, and based on interviews with youth who are currently held or were recently held at Henley-Young, such verbal abuse is routinely inflicted on putative class members.
Inadequate Family Unification and Community Reintegration 38. The Defendant has a custom and/or practice of placing an tmnecessary burden on a youth's ability to maintain contact with their family members. This communication is essential for children's treatment and rehabilitation and for their eventual reintegration into the community. It is also important to ensure that the facility's policies and practices do not substantially depart from accepted professional judgment. 39. J.H. has been barred from engaging in regular cOimmmication with his mother since his arrival at Henley-Young. He was denied the opportunity to call his mother when he first entered the facility and approximately 24 hours elapsed before was allowed to speak with his mother.
PLAINTIFF DRMS'S ACCESS AUTHORITY
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40. Congress established Protection and Advocacy ("P & A") systems in 1975 to protect and advocate for the rights of persons with developmental disabilities, and reauthorized these systems in the Developmental Disabilities Assistance and Bill of Rights Act of2000 ("PADD Act"). 42 U.S.C. §§ 15001 et seq. Congress provided P & A systems with the authority to investigate incidents of abuse and neglect against individuals with developmental disabilities and pursue legal, administrative, and other remedies on their behalf. 42 U.S.C. § 15043(a). Congress has expanded the scope of the P & A system to provide protection and advocacy services to all persons with disabilities. The Protection and Advocacy for Individuals with Mental Illness Act of 1986 ("PAlMI Act") provides for the protection of rights of individuals with mental illness, 42 U.S.C. §§ 10801 et seq.; and the Protection and Advocacy of Individual Rights Program ("PAIR Act") was created to protect the rights of all other individuals with disabilities who are not covered under the PADD and PAlMI Acts. 29 U.S.C. §§ 794e et seq. 41. Pursuant to federal law, DRMS has rights to:
a. reasonable unaccompanied access, for monitoring and investigatory purposes, to public and private areas of the detention facility in HenleyYoung, 42 C.P.R. § 51.42(b); 42 C.P.R. § 51.42(c); 45 C.P.R. § 1386.22(f); 45 C.P.R. § 1386.22(g);
b. interview facility service recipients, staff and other persons as part of an abuse and neglect investigation when DRMS detennines it has probable cause to believe an incident has occurred, 42 C.P.R. § 51.42(b);
c. provide infonnation and training on individual rights and services provided by the P & A system, 42 C.P.R. § 51.42(c); 45 C.P.R. § 1386.22(g);
d. communicate privately with facility residents, 42 C.P.R. § 51.42(d); 45 C.P.R. § 1386.22(h);
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e. access to records of facility residents, 42 C.F.R. § 51.41; 45 C.F.R. § 1386.22(a)-(e); and
f. access to facility incident reports and investigatory findings, 42 C.F.R. § 51.41 (c)(2); 45 C.F.R. § 1386.22(b)(1)-(2).
42. Because Mississippi receives federal funding under the P & A Acts, the state must have an effective P & A system. DRMS is the designated Mississippi P & A System. (See Mississippi Protection & Advocacy v. Cotten, 929 F.2d 1054, 1055-56 (5th Cir. 1991). Federal law pennits DRMS to designate agents with whom it contracts to assist in carrying out its responsibilities under federal law. 42 U.S.C. § 10804(a)(1)(A-B); 42 C.F.R. § 51.42(a). 43. To effectuate the Congressional mandate to protect and advocate for the rights of individuals with disabilities, the P & A Acts require that a P & A system and its authorized agents have physical access to iudividuals with disabilities, access to individuals' records, and physical access to the facilities housing these individuals. 42 U.S.C. § 15043(a)(2)(H)-(J); 42 U.S.C. § 10805(a)(3)-(4); 45 C.F.R. § 1386.22; 42 C.F.R. § 51.42(a)-(c). This access includes the right "to meet and communicate privately" with residents "both formally and infonnally, by telephone, mail and in person." 45 C.F.R. § 1386.22(h); 42 C.F.R. § 51.42(d). 44. Under the PAIMI Act, "any public or private residential setting that provides overnight care accompanied by treatment services" is a facility that a P & A is authorized to access and monitor. These "[f]acilities include... juvenile detention facilities." 42 C.F.R. § 51.2. See also 45 C.F.R. § 1386.19 (specifying that facilities covered under the PADD Act include juvenile detention facilities).
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45. Henley-Young is a covered "facility" as defined under the PAlMI Act and the PADD Act. 42 U.S.C. § 10802(3); 42 C.F.R. 51.2; 45 C.F.R. § 1386.19. 46. A significant number of the youth who are detained at Henley-Young live with disabilities-includiug various forms of mental illness and learning disabilities. Mental illness prevalence rates reported for incarcerated youth throughout the state of Mississippi and the cOlmtry as a whole is estimated to be around 60%. See Angela Robertson & Jonelle Husain, Mississippi State University, Prevalence of Mental Illness & Substance Abuse Disorders Among Incarcerated Juveniles (July 2001), http://www.ssrc.msstate.edulpublications/Prevalence%200f%20Mental %20Illness.PDF (fmding that 66% to 85% of incarcerated juveniles in Mississippi suffer from at least one diagnosable mental disorder, compared to only 14% to 20% of youth in the state's general population and that 60-70% of youth in the HenleyYoung require mental health services); Thomas Grisso, Adolescent Offenders with Mental Disorders, 18 THE FUTURE OF CHILDREN 143, 150 (2008), http://futureofchildren.orglfutureofchildrenlpublications/docsll8_02_07 .pdf (estimating that about one-half to two-thirds of youth in various juvenile justice settings meet criteria for one or more mental disorders, compared to about 15 to 25 percent of youth in the U.S. general population). 47. Under the P & A Acts, Congress designated two distinct bases for access to facilities and residents: (1) access for the purpose of investigating allegations of abuse and/or neglect, 42 U.S.C. § 15043(a)(2)(B), 42 U.S.C. § 10805(a)(1)(A), 45 C.F.R. § 1386.22(f), 42 C.F.R. § 51.42(b); and (2) access for the purpose of
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monitoring the facility and the treatment of its residents, 42 U.S.C. § 15043(a)(2)(H), 42 U.S.C. § 10805(a)(3), 45 C.P.R. § 1386.22(g), 42 C.P.R. § 51.42(c). 48. To carry out its mandate to investigate incidents of abuse and neglect, DRMS is entitled to "reasonable unaccompanied access ... to all areas of the facility which are used by residents or are accessible to residents ... [and] shall have reasonable unaccompanied access to residents at all times necessary to conduct a full investigation of an incident of abuse or neglect." 42 C.P.R. § 51.42(b). See also 45 C.P.R. § 1386.22(t). 49. To carry out its monitoring duties, DRMS is entitled to reasonable unaccompanied access to all residents of a facility at reasonable times to provide P & A services and contact information, rights information, monitor compliance with respect to the rights and safety of service recipients, and to view and photograph all areas of the facility which are used by residents or are accessible to residents. 42 C.P.R. § 51.42(c); 45 C.P.R. § 1386.22(g). 50. The PAlMI Act states that DRMS has the right of access to all residents of a facility "despite the existence of any State or local laws or regulations that restrict informal access to minors and adults with legal guardians or conservators." 42 C.P.R. § 51.42(e). 51. The PAlMI and PADD Acts provide DRMS with access to records of individuals who are in the custody of the state and with respect to whom a complaint has been received by DRMS or with respect to whom there is probable cause to believe that such individual has been subjected to abuse or neglect. 42 C.P.R. § 51.41 (b)(2)(ii)-(iii); 45 C.P.R. § 1386.22(a)(2)(ii)-(iii).
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52. The PAlMI regulations also require the Defendant to provide DRMS: Reports prepared by an agency charged with investigating abuse, neglect, or injury occurring at a facility rendering care or treatment, or by or for the facility itself, that describe any or all of the following: (i) Abuse, neglect, or injury occurring at the facility; (ii) The steps taken to investigate the incidents; (iii) Reports and records, including personnel records, prepared or maintained by the facility, in connection with such reports of incidents; or (iv) Supporting information that was relied upon in creating a report, including all information and records used or reviewed in preparing reports of abuse, neglect or injury such as records which describe persons who were interviewed, physical and documentary evidence that was reviewed, and the related investigative findings. 42 C.F.R. § 51.41(c)(2).
53. The access provisions of the P & A Acts are interrelated and it is clear that Congress intended for the provisions to be applied in a consistent manner, and the PAIR Act expressly incorporates by reference, at 29 U.S.C. § 794e(l), the authority regarding access to facilities and records set forth in the PADD Act. 54. To the extent Mississippi state law protects the identities of minors and requires parental consent, this confidentiality is preempted by federal authority to monitor these facilities. 42 C.F.R. § 51.42(e). 55. Moreover, federal courts have widely recognized that a P & A is "the final arbiter of probable cause" for the purpose of investigating abuse or neglect. See Arizona Ctr. For Disability Law v. Allen, 197 F.R.D. 689, 693 (D. Ariz. 2000); see also Office of Prot. & Advocacy for Persons with Disabilities v. Armstrong, 266 F. Supp. 2d 303, 321-22 (D. Conn. 2003) (holding that P & A is entitled to make its probable cause determination independent of any other agency or third party review).
DENIAL OF ACCESS 56. Between June 2009 and the present, the SPLC, acting as an agent of DRMS, has conducted P & A monitoring visits at Henley-Young and DRMS and SPLC
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entered into a Memorandum of Understanding with the Hinds County Board of Supervisors in November 2009. See Exhibit B (Memorandum of Understanding between DRMS/SPLC and the Hinds Cmmty Board of Supervisors). 57. On June 2, 2011, the day after DRMS and SPLC filed a federal class action lawsuit against Hinds County for abusive practices that routinely occur at HenleyYoung, the County refused to allow DRMS and SPLC access to the facility. 58. Upon arrival at Henley-Young, Jed Oppenheim and Samir Jaber, acting as agents of DRMS were informed by the director of the facility that, per order from the attorney for the Hinds County Board of Supervisors, they could not speak with youth. Mr. Oppenheim exercised his authority to speak with youth under the P & A Acts but was denied this right. Mr. Oppenheim was also denied the right to speak with youth who have been retained by DRMS/SPLC. 59. Corrie Cockrell, an attorney with SPLC e-mailed Ms. Crystal Martin on June 2, 2011, informing her that representatives from SPLC had been denied access to all youth at Henley-Young, including youth who have been retained by DRMS/SPLC. (See Exhibits C and De-mails to Ms. Martin regarding denial of access and denial of access to retained youth and Exhibits E and F Selected Correspondence with County). Dana Price, an attorney assisting the Hinds County Board replied on behalf of Ms. Martin and stated that DRMS/SPLC may have access to Henley-Young for the purpose of interviewing our client. Ms. Price also informed DRMS/SPLC that it would be required to disclose our client's name, provide the County with proof of representation, a valid bar card, and photo identification in order to be admitted into the facility. See Exhibit E (electronic mail from Ms. Price on behalf of Ms. Martin).
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60. As detailed above, Defendant's refusal to allow DRMS/SPLC to exercise its Congressionally-mandated duties of protecting and advocating for the youth held at Henley-Young has tmlawfully deprived these children of their rights to DRMS/SPLC's services.
First Amendment: Access to the Courts and Unlawful Retaliation 61. T.A. has been denied access to the courts because of the Defendant's unreasonable attorney visitation policy. T.A. has been denied access to the courts as a consequence for providing information to, and for associating with, attorneys who brought the federal class action conditions of confinement lawsuit against the County. The Defendant is unlawfully retaliating against T.A. by denying him access to the courts. T.A. and his guardian have retained DRMS/SPLC to represent him in matters relating to his educational rights and the conditions of confinement he has experienced at Henley-Young. Because of the Defendants' unlawful attomey visitation policy, T.A. was denied his right to communicate with his attorneys on June 2, 2011. His right to access the courts remains compromised by the Defendants' policy of limiting legal visits to barred attomeys, thus barring paralegals and nonlegal professional advocates who work under the direction of an attorney from meeting with TA. 62. Upon infonnation and belief county officials adopted this new policy to further two unlawful objectives: (1) retaliate against the youth who provided information about conditions to DRMS/SPLC and (2) to erect impermissible barriers to detained children's ability to access the courts. The Defendant's actions have a chilling affect on children's rights to seek redress from the Defendant and discourage
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children from accessing the courts to remedy their unconstitutional conditions of confinement. 63. All youth at Henley-Young have the right to speak to attorneys and nonattorneys who work under the direction of attorneys about issues regarding conditions of confinement and any policy to the contrary unconstitutionally places a substantial burden on youths' access to courts. The County's policy of prohibiting non-attorney access to incarcerated youth will place an unjustifiable restriction on youths' right to access the courts.
NECESSITY FOR INJUNCTIVE RELIEF 64. The Defendant has acted and continues to act in violation of the law as explained above. The named Plaintiffs and the class they seek to represent do not have an adequate remedy at law. As a result of the policies, practices, acts, and omissions of the defendant, the named Plaintiffs, and the class they seek to represent, have suffered serious, imminent, irreparable physical, mental and emotional injuries.
EXHAUSTION 65. The named Plaintiffs have exhausted all available administrative remedies. Additionally, since Jtme 2010, tmdersigned counsel has submitted weekly reports to the Defendants documenting these and other deficiencies and infonned the Defendant of the same by letter from December 2009 to hme 2010. The Defendants have failed to take any meaningful action to correct these constitutional violations and have allowed the children in their custody to languish in an abusive facility despite having clear notice that these violations persist.
CAUSES OF ACTION
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66. Plaintiffs incorporate by reference all ofthe above factnal allegations to support the following claims:
Count I 67. The conditions of confinement at Henley-Young and the Defendant's deliberate indifference to those conditions, considered both individually and in their totality, constitute cruel and unusual ptmishment and a denial of due process in violation of Plaintiffs rights under the First, Eighth, and Fourteenth Amendments to the United States Constitntion, as enforced through 42 U.S.C. § 1983.
Count II 68. Defendant's refusal to protect children from harm, otherwise keep them physically safe and secure and free from unconstitutional practices like excessive cell confinement, and verbal abuse violates plaintiffs constitutional rights under the Eighth Amendment and the Fourteenth Amendment to the United States Constitntion, as enforced through 42 U.S.C. § 1983.
Count III 69. Defendant's deliberate indifference to the children's serious mental health needs and their right to rehabilitative services violates the Plaintiff's constitutional rights under the First, Eighth, and Fourteenth Amendments to the United States Constitution, as enforced through 42 U.S.C. § 1983.
Count IV 70. The policies, procedures, regulations, practices, and customs ofthe Defendant violate and continue to violate the rights of the Plaintiff DRMS to full, complete, timely, and meaningful access to Henley-Young, staff, residents, and their records, in
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violation of the PAIMI, PADD, and PAIR Acts, and under the color of law in
violation of the Civil Rights Act of 1871,42 U.S.C. § 1983.
Count V
71. By refusing to allow Plaintiffs to meet with non-attorney representatives,
Defendant is violating the Plaintiffs' First and Fourteenth Amendment rights to
meaningful, effective, and adequate access to the courts. U.S. CONST. amend. I &
XIV.
PRAYER FOR RELIEF
a. Declare that the acts and omissions of the Defendant violate the federal law;
b. Enter a preliminary and permanent injunction requiring the Defendant, its agents, employees and all persons acting in concert with the Defendant to cease their unconstitutional and unlawful practices;
c. Award to the Plaintiffs reasonable costs and attorney's fees; and
d. Grant the Plaintiffs such other relief as the Court deems just.
Respectfully Submitted,
lsi Corrie W. Cockrell Corrie W. Cockrell, Miss. Bar No. 102376 JodyE. Owens, II, Miss. BarNo. 102333 Poonam hmeja, Miss. Bar No. 103181 Sheila A. Bedi, Miss. Bar No. 101652 Mississippi Youth Justice Project A Project of the Southern Poverty Law Center 921 N. President St., Suite B Jackson, Mississippi 39202 jody.owens@splcenter.org poonarn.junej a@splcenter.org corrie.cockrell@splcenter.org sheila.bedi@splcenter.org 601-948-8882 (telephone) 601-948-8885 (fax)
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Case 3:11-cv-00327-DPJ-FKB Document 6 Filed 06/06/11 Page 22 of 23 Wendy White, Miss Bar No.1 00409 Disability Rights Mississippi Counsel for Plaintiffs.
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CERTIFICATE OF SERVICE I, Corrie W. Cockrell, one of the attorneys for the Plaintiff, do hereby certify that I electronically filed the foregoing Amended Complaint with the Clerk of the Court using the ECF system, which sent notification to all counsel of record. SO CERTIFIED, this 6th day of Jtme 2011.
lsi Corrie W. Coclaell
Corrie W. Cockrell, Miss. Bar No. 102376

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

J.H., BY AND THROUGH HIS NEXT FRIEND TERINA GRAY, ON BEHALF OF HIMSELF AND ALL PERSONS SIMILARLY SITUATED, ET AL.

PLAINTIFFS

VS.

CIVIL ACTION NO.: 3:11-cv-327-DPJ-FKB

HINDS COUNTY, MISSISSIPPI

DEFENDANT

ORDER This matter is before the Court on Plaintiff Disability Rights Mississippi’s (“DRMS”) Motion for Preliminary Injunction [7], and the Motion for Declaratory Judgment [17] filed by Defendant Hinds County, Mississippi. Having fully considered the Motions, oral argument, and supplemental submissions, the Court finds that both Motions should be granted. I. Facts/Procedural History This civil action was brought under 42 U.S.C. § 1983 on behalf of a putative class of imprisoned children at the Henley-Young Juvenile Justice Center (“Henley-Young”). According to the Amended Complaint, Defendant Hinds County, Mississippi, has violated the residents’ Constitutional rights in various ways, including denial of mental health treatment. Relevant to the pending motion, DRMS contends that Hinds County has blocked the residents’ rights to an effective and meaningful Protection and Advocacy System (“P & A”). A trio of federal statutes provide protection for individuals with mental illnesses collectively referred to as the “P & A statutes.” See Protection and Advocacy for Individuals with Mental Illness Act (“PAIMI”), as amended, 42 U.S.C. §§ 10801–10851 (2006),1 the

1Enacted in 1986 as the “Protection and Advocacy for Mentally Ill Individuals Act of 1986,” Pub. L. No. 99-319, 100 Stat. 478 (May 23, 1986), the Act was commonly referred to by

Developmental Disabilities Assistance and Bill of Rights Act of 2000 (“DD Act”), as amended
42 U.S.C. §§ 15001–15115 (2006), and the Protection and Advocacy of Individual Rights Act
(“PAIR”), as amended 29 U.S.C. § 794e (2006) (collectively, the “P & A statutes”). The P & A
statutes provide funding for the state to establish independent organizations . . . that monitor and
protect the rights of the mentally ill.” Advocacy Ctr. v. Stadler, 128 F. Supp. 2d 358, 360 (M.D.
La. 1991). DRMS is the federally mandated and funded P & A system in Mississippi and is
authorized under certain circumstances to access Henley-Young’s facilities, residents and
records.
According to DRMS’s Motion, Henley-Young violated the P & A statutes by blocking
DRMS’s access. At the hearing, the parties announced substantial agreement on the terms of a
preliminary injunction allowing reasonable access. But the parties disputed whether DRMS and
its agents should be allowed to (1) interview residents not known to have mental illnesses as part
of DRMS’s monitoring functions; and (2) interview those same residents to determine whether
they suffer a mental illness that might trigger protection under the P & A statutes.
After the hearing, Hinds County filed an Emergency Motion for Declaratory Judgment
[17] informing the Court that Hinds County Youth Court Judge William Skinner had issued a
sua sponte Order Regarding Access on July 1, 2011. See Def.’s Mot. [17] Ex. A. The order
limited DRMS’s access to the facility. Fearing conflict with federal mandates, Hinds Count
the acronym “PAIMI.” See, e.g., Ctr. for Legal Advocacy v. Hammons, 323 F.3d 1262, 1263 (10th Cir. 2003). In 1991, amendments to the Act substituted “individuals with mental illness” for “mentally ill individuals” wherever it appeared in the Act. See Pub. L. No. 102-173, § 10(2), 105 Stat. 1217, 1219 (Nov. 27, 1991). The short title, however, remained unchanged. In 2000, Congress amended the short title so that the Act is now known as the “Protection and Advocacy for Individuals with Mental Illness Act” or “PAIMI.” See Pub. L. No. 106-310, 114 Stat. 1101, 1193-94 (Oct. 17, 2000). Conn. Office of Prot. & Advocacy for Persons With Disabilities v. Hartford Bd. of Educ., 464 F.3d 229, 233 n.1 (2d Cir. 2006).
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seeks declaratory judgment to determine whether Judge Skinner’s order is enforceable. DRMS predictably argues that it is not. II. DMRS’s Motion
A. Standard To obtain a preliminary injunction, DRMS carries the burden of establishing four elements: (1) a substantial likelihood of success on the merits, (2) a substantial threat of irreparable injury if the injunction is not issued, (3) that the threatened injury if the injunction is denied outweighs any harm that will result if the injunction is granted, and (4) that the grant of an injunction will not disserve the public interest. Janvey v. Alguire, 628 F.3d 164, 174 (5th Cir. 2010) (citation omitted). Granting a preliminary injunction is an “extraordinary remedy” to be granted only if the party seeking it has “clearly carried the burden of persuasion” on all four elements. PCI Transp., Inc. v. Fort Worth & W. R.R. Co., 418 F.3d 535, 545 (5th Cir. 2005). In the present case, the parties skip discussion of these standards regarding the disputed issues, and Hinds County concedes that DRMS met its burden with respect to the agreed upon portions of its Motion. As for the two disputed issues, a host of federal authority holds that irreparable harm exists when a P & A system is unable to fulfill its mandate under federal law, that the threatened injury of denying the injunction outweighs the harm caused by the injunction, and that granting the injunction would not disserve the public interest. See, e.g., Mich. Prot. & Advocacy Serv., Inc. v. Evans, No. 09-12224, 2010 WL 3906259, at *5 (E.D. Mich. Sept. 30, 2010) (citing Conn. Office of Prot. & Advocacy for Persons with Disabilities v. Hartford Bd. of Educ., 355 F. Supp. 2d 649, 653 (D. Conn. 2005); Ohio Legal Rights Serv. v. Buckeye Ranch,
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Inc., 365 F. Supp. 2d 877 (S.D. Ohio 2005); Wis. Coal. for Advocacy, Inc. v. Czaplewski, 131 F.
Supp. 2d 1039 (E.D. Wis. 2001); Prot. & Advocacy For Persons With Disabilities v. Armstrong,
266 F. Supp. 2d 303 (D. Conn. 2003). This Court agrees—the P & A statutes reflect a strong
public interest in protecting those with mental illnesses, and limiting a P & A service from fully
exercising its authority places residents with mental illnesses at increased risk of harm. Thus,
the issue is whether DRMS has established a substantial likelihood of success on the merits of the two disputed issues.2
B. Analysis
1. Access to Non-Disabled Residents for Purposes of Monitoring.
Hinds County concedes that Henley-Young is subject to the P & A statutes and that
DRMS has certain monitoring rights. It contends, however, that the monitoring privileges stop
short of allowing interviews with non-disabled residents. Hinds County’s only argument on this
front is to observe that 45 C.F.R. § 1386.22(f) allows “access to non-disabled residents when
necessary to conduct a ‘full investigation of an incident of neglect.’” Def.’s Resp. [12] at 12.
The County concludes from this that “DRMS has the right to interview a non-disabled resident
only if DRMS reasonably believes that the non-disabled person has ‘knowledge of the incident
under investigation.’” Id. Hinds County offers no other authority for its position, and the Court
is aware of none.
2At the hearing, Hinds County suggested that it should be the final arbiter of disability. It is not apparent that the County still maintains that position, but such a ruling would defeat the goals of the statute—discussed below—and place the proverbial fox in charge of the henhouse. C.f., Miss. Prot. & Advocacy Sys., Inc. v. Cotten, 929 F.2d 1054, 1059 (5th Cir. 1991) (affirming summary judgment in favor of P & A service and noting that “state cannot satisfy the requirements of the DDA by establishing a protection and advocacy system which has this authority in theory, but then taking action which prevents the system from exercising that authority”) (citation omitted).
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The County’s interpretation is too narrow. While § 1386.22(f) addresses investigations, the dispute is whether DRMS may access non-disabled residents pursuant to its duty to monitor. On that issue, § 1386.22 (g) states, “Under 42 U.S.C. § 15043(a)(2)(H), the system and all of its authorized agents shall have unaccompanied access to all residents of a facility at reasonable times, which at a minimum shall include normal working hours and visiting hours, for the purpose of: . . . (2) Monitoring compliance with respect to the rights and safety of service recipients.” (Emphasis added). The Court finds that DRMS’s right to monitor compliance includes reasonable access to non-disabled residents. Accord Penn. Prot. & Advocacy, Inc. v. Roger-Greaves Sch. For Blind, No. Civ. A. 98-3995, 1999 WL 179797 (E.D. Pa. Mar. 25, 1999).
2. Access to Residents not Known to Have Mental Illness to Determine Disability
DRMS represented during the hearing that it intended to employ mental health professionals to evaluate Henley-Young residents to determine whether they are subject to the P & A statutes. The County takes issue with the proposal arguing that the P & A statutes do “not give DRMS unlimited access to all individuals in a facility for the purpose of determining whether the person has a mental, developmental or other disability.” Def.’s Resp. [12] at 3.
Hinds County builds its case on two primary foundations. First, it offers a construction of the statutory and regulatory scheme by contrasting “child find” or “seek and serve” requirements of the Individual with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400–1487 (2000 & Supp. IV). Def.’s Resp. [12] at 3. Second, The County distinguishes DRMS’s legal authority without offering any of its own.3
3The parties discuss various orders issued within this district, but there is no indication that those judges faced the same legal question now presented.
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a. Statutory Construction Starting with the construction argument, the County posits that the language of the P & A statutes and the implementing regulations do not allow these interviews. As noted, however, the regulations expressly allow access to non-disabled residents to fulfil a P & A services’s obligations, including the obligation to monitor the facility. 45 C.F.R. § 1386.22(g); see Chevron, U.S.A. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 842–43 (1984) (discussing interpretation of regulations). The right to investigate claims, such as those alleged in the Amended Complaint, and the right to monitor, would seemingly encompass the right to determine whether certain individuals are covered. But even if ambiguity exists, the County’s construction is not persuasive. The County argues that because the IDEA includes “child seek” or “seek and serve” provisions, the absence of similar language in the P & A statutes means that Congress did not intend to allow such access. In essence, Hinds County suggests that the IDEA and the P & A statutes should be read in pari materia. Under that constructive tool, “statutes addressing the same subject matter generally should be read as if they were one law.” Wachovia Bank v. Schmidt, 546 U.S. 303, 305 (2006) (citations and quotations omitted). But this rule of construction does not apply because the IDEA and the P & A statutes deal with disability issues in materially different contexts. See Fort Stewart Sch. v. Fed. Labor Relations Auth., 495 U.S. 641, 648 (1990) (rejecting suggestion that statutes dealing with same issues in different fields should be read in pari materia). Ultimately, the Court must discern congressional intent, and the P & A statutes and regulations reflect “Congress’ intent to have State facilities and records accessible to the local P & A in order to investigate suspected abuse or neglect of the mentally ill.” Armstrong,
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266 F. Supp. 2d at 315. The Court finds that reasonable access is allowed to determine whether
individuals are covered.
b. Case Law
Although the County offers distinctions, a number of courts have rejected the argument
that a P & A service must establish disability before access is granted. The most relevant
example is Michigan Protection & Advocacy Service, Inc. v. Miller, where a P & A service
sought injunctive relief lifting restrictions on its right to access the facility. 849 F. Supp. 1202,
1207 (W.D. Mich. 1994). There, the P & A service “enjoy[ed] only limited access: it [could]
speak with a minor in a DSS facility if the minor [was] a MPAS client or if there ha[d] been a
complaint to MPAS regarding the minor.” Id. The court made the following observations and
holdings:
In response to significant evidence from plaintiff indicating that DSS facilities do in fact house mentally ill persons, defendant maintains that because the youth in the system have not recently been determined to be mentally ill or emotionally impaired by a mental health professional, they do not fall within the ambit of PAIMI. The Court notes that MPAS has offered substantial evidence indicating that many DSS facilities have in the past housed minors who suffer mental illness, as determined by mental health professionals. Recent evidence proffered by MPAS also suggests that some current DSS residents may be mentally ill. DSS’s present policy of denying MPAS full access prevents the advocacy organization from bringing in their own mental health professionals to ascertain whether any DSS residents do in fact suffer from mental illness. Such conduct by DSS defeats the very purpose of PAIMI and the DD Act to provide effective protection and advocacy services to mentally ill and developmentally disabled individuals.
Id. at 1207. Miller is not an outlier case and has been followed by other courts in various
contexts under the P & A statutes. See Disability Rights Wash. v. Penrith Farms, No.
CV-09-024-JLQ, 2009 WL 777737, at *3 (E.D. Wash. Mar. 20, 2009); Conn. Office of Prot. &
Advocacy for Persons with Disabilities, 355 F. Supp. 2d at 655, (“Courts have found that
7

protection and advocacy systems need not ‘make a threshold showing of mental illness’ in order to exercise their authority under PAIMI”); Armstrong, 266 F. Supp. 2d at 314; Ky. Prot. & Advocacy Div. v. Hall, No. Civ.A.3:01CV-538-H, 2001 WL 34792531, at *1 (W.D. Ky. Sept. 24, 2001) (citing Miller).
The County attempts to distinguish Miller, noting that the Miller plaintiff presented evidence indicating that current and former residents suffered from mental illness. Def.’s Resp. [12] at 8. This argument fails for two reasons. First, “conclusive evidence that a particular person or persons qualifies as an individual with mental illness or developmentally disabled for purposes of protection” is not required. See Conn. Office of Prot. & Advocacy for Persons with Disabilities, 355 F. Supp. 2d at 655. Instead, several courts “have held that a showing of ‘substantial evidence’ must suffice in order for such systems to fulfill their statutory mandate.” Id. (citation omitted). In this regard, “[e]vidence that a facility has previously housed individuals who are mentally ill, as well as evidence that some current residents may be mentally ill[,] is sufficient under PAIMI to merit access by [protection and advocacy systems].” Id. (citations and quotations omitted). In this case, DRMS presented evidence supporting a probable cause finding that Henley-Young continues to house a significant percentage of youths with mental illness. See Angela Robertson & Jonelle Husain, Prevalence of Mental Illness and Substance Abuse Disorders Among Incarcerated Juvenile Offenders 2, 20, 27 (2001); see also Armstrong, 266 F. Supp. 2d at 314 (holding that studies regarding inmate populations were sufficient).
Second, to the extent the evidence is lacking, the County presents a “Catch 22” by claiming DRMS lacks sufficient evidence of actual cases of mental illness but denying DRMS
8

access to residents for the purpose of determining whether other cases exist. The position is
inconsistent with the purpose of the P & A statutes. See Armstrong, 266 F. Supp. 2d at 315
(noting that defendant’s failure to provide access hampered efforts to collect additional evidence)
(citing Miller, 849 F. Supp. at 1207 (finding that “[the defendant’s] present policy of denying [P
& A] full access prevents the advocacy organization from bringing in their own mental health
professionals to ascertain whether any DSS residents do in fact suffer from mental illness . . .
[and] defeats the very purpose of PAIMI . . . to provide effective protection and advocacy
services to mentally ill . . . individuals”); Ga. Advocacy Office v. Borison, 520 S.E. 2d 701, 704
(Ga. Ct. App. 1999) (“[W]ithout access to the records, [P & A] could not specifically show
which, if any study participant[s] . . . were mentally ill.”)). “[D]emanding a conclusive,
individualized showing of . . . mental illness before permitting [access] would reserve to
Defendant a gatekeeping function contrary to the specific terms and general purpose of the Acts.” Id. (citation and quotations omitted).4 DRMS has shown a substantial likelihood of success on the merits justifying a preliminary injunction in its favor.5
III. Hinds County’s Motion for Declaratory Judgment
On June 17, 2011, the parties appeared before the undersigned to argue DRMS’s Motion
for Preliminary Injunction. At the hearing, the parties announced agreement as to the majority of
4The County also notes, and correctly so, that the Court in Miller referred the case to two special masters to work out the details of the access. This portion of Miller is not well-explored, but it is consistent with the fact that access must be “reasonable.” And there are a host of issues related to what constitutes reasonable access.
5It is worth noting that DRMS seeks preliminary injunction and that this Order is not, therefore, the final word. As the case now stands, the Court finds that the disputed access must be permitted. Based on the arguments that have been presented, the Court finds a substantial likelihood of success on the merits of such a claim, but the issue must be finally decided with respect to the requested permanent injunction.
9

DRMS’s concerns, and the Court asked for briefing on the issues addressed in this Order. At that time, the County generally granted access to DRMS. On July 1, 2011, Youth Court Judge William Skinner entered a sua sponte Order “in light of Disability Rights Mississippi v. Hinds County, Mississippi; In the United States District Court for the Southern District of Mississippi—Jackson Division; Civil Action Number 3:11-cv-327-DPJ-FKB” (“Youth Court Order”). Def.’s Mot. [17] Ex. A at 1. The County seeks declaratory judgment indicating whether it must comply with the Youth Court Order.
The Youth Court Order states that any contact with residents as a result of this civil action must comply with a new “protocol.” It then substantially restricts access to the residents in a way that would nullify the relief sought in DRMS’s Motion for Preliminary Injunction. In particular, the order states that no access may occur until Assistant Youth Court Defender Brandon I. Dorsey is notified:
to provide Dorsey the opportunity to be involved in such measures, and for any other purpose(s) that he may deem appropriate, and that said juvenile(s) shall not be interviewed, interrogated, or otherwise questioned regarding any subject matter, whether pertaining to [this case] and all other matters, without his prior expressed consent, and that subsequent to any such interview, interrogation or otherwise, that said public defender shall be provided with a summary of any and all such interview, interrogation, or otherwise. Id. This Court has authority to issue “all writs necessary or appropriate in aid of [its] respective jurisdiction[] and agreeable to the usages and principles of law.” 28 U.S.C. § 1651(a) (2006). The Anti-Injunction Act is inapplicable because this Order is in “aid of [this Court’s] jurisdiction” and “otherwise protect[s] or effectuate[s] its judgments.” Id. § 2283; see In re Baldwin-United Corp., 770 F.2d 328, 336 (2nd Cir. 1985) (holding that “[e]ven before a federal
10

judgment is reached . . . the preservation of the federal court’s jurisdiction or authority over an
ongoing matter may justify an injunction against actions in state court. Such ‘federal injunctive
relief may be necessary to prevent a state court from so interfering with a federal court’s
consideration or disposition of a case as to seriously impair the federal court’s flexibility and
authority to decide that case.’”) (quoting In re Corrugated Container Antitrust Litig., 659 F.2d
1332, 1334 (5th Cir. 1981)).
The Youth Court Order expressly references this civil action, for which this Court
exercises jurisdiction, and adjudicates issues raised in DRMS’s Motion—many of which have
been granted as unopposed and are otherwise meritorious. Allowing the Youth Court Order to
stand substantially interferes with this Court’s consideration and disposition of the case and
essentially nullifies this Order. Enforcement of the Youth Court Order is properly enjoined.
Moreover, the Youth Court Order violates the P & A statutes in at least the following
ways. First, DRMS is entitled to “reasonable unaccompanied access to residents.” 42 C.F.R. §
51.42(b) (2011); 45 C.F.R. § 1386.22(f) (2011). The County may not require attendance by a
third party. Second:
[DRMS] must: (1) . . . keep confidential all records and information, including information contained in any automated electronic database pertaining to: (i) Clients to the same extent as is required under Federal or State laws for a provider of mental health services; (ii) Individuals who have been provided general information or technical assistance on a particular matter; (iii) Identity of individuals who report incidents of abuse or neglect or furnish information that forms the basis for a determination that probable cause exists; and (iv) Names of individuals who are residents and provide information for the record.
42 C.F.R. § 51.45(a)(1) (2011). The County may not require DRMS to identify those residents
providing DRMS with information, nor is the County entitled to a summary of the information
obtained. Third, the Fifth Circuit has observed that similar “pre-screening and post-interview
11

counseling could only create a chilling effect of gigantic proportions.” Cotten, 929 F.2d at 1057 (5th Cir. 1991). For these reasons, the Court grants the County’s Motion for Declaratory Judgment and enjoins compliance with the Youth Court Order.
IT IS, THEREFORE, ORDERED that the parties are instructed to draft a preliminary injunction order consistent with this Order. If the parties cannot agree, then they should submit a proposed order that identifies areas of agreement and impasse.
IT IS FURTHER ORDERED THAT Defendant is hereby enjoined from complying with all state court orders that interfere with, contradict, or conflict with this Order and are hereby enjoined from enforcement of same. Such orders include, but are not limited to, the Youth Court Order.
SO ORDERED AND ADJUDGED this the 25th day of July, 2011. s/ Daniel P. Jordan III UNITED STATES DISTRICT JUDGE
12

 
 Case 3:11-cv-00327-DPJ-FKB Document 32 Filed 03/28/12 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

___________________________________

J.H., by and through his next friend,

)

Terina Gray, on behalf of himself

)

and all persons similarly situated; T.A., )

by and through his next friend,

)

Alice Austin, on behalf of himself and

)

all persons similarly situated; and

)

DISABILITY RIGHTS MISSISSIPPI, )

)

)

Plaintiffs,

)

v.

)

)

HINDS COUNTY, MISSISSIPPI,

)

)

Defendant.

)

____________________________________)

Case No. 3:11-CV-327 DPJ-FKB

AGREED ORDER GRANTING APPROVAL OF SETTLEMENT AGREEMENT AND CERTIFYING A SETTLEMENT CLASS

Upon consideration of the Plaintiffs’ Motion requesting approval of the Set

tlement

Agreement and certif ication of a settlem ent class, it is hereby ordered that the m otion is

GRANTED.

It is hereby ordered that:

1. The Settlement Agreement is fair, reasonable, and adequate and results f rom serious,

informed, non-collusive negotiations, has no obvious deficiencies, does not

improperly grant preferential treatm ent to cl ass representatives or segments of the class, and falls within the range of possible relief.1

2. The Court enters a f inal order approving the Settlem ent Agreement and retains

jurisdiction for purposes of monitoring and enforcement.

1A signed copy of the Settlement Agreement will be docked separately.

Case 3:11-cv-00327-DPJ-FKB Document 32 Filed 03/28/12 Page 2 of 3 3. Class certification is granted for settlement purposes only. The settlement class shall
be comprised of all children who are curren tly, or who will in the f uture be, confined at the Henley-Young Juvenile Justice Center. SO ORDERED AND ADJUDGED this the 28th day of March, 2012.
s/ Daniel P. Jordan III UNITED STATES DISTRICT JUDGE
2

Case 3:11-cv-00327-DPJ-FKB Document 32 Filed 03/28/12 Page 3 of 3
Approved for Settlement by: /s/Corrie W. Cockrell Corrie W. Cockrell, Miss Bar No. 102376 Jody E. Owens, II, Miss Bar No. 102333 Sheila A. Bedi, Miss. Bar No. 101652 Southern Poverty Law Center 111 E. Capitol Street, Suite 280 Jackson, MS 39201 Telephone (601) 948-8882 Facsimile (601) 948-8885 corrie.cockrell@splcenter.org jody.owens@splcenter.org sheila.bedi@splcenter.org COUNSEL FOR PLAINTIFFS
/s/ Lisa M. Ross Lisa M. Ross, Miss. Bar No. 9755 Attorney at Law Post Office Box 11264 Jackson, MS 39216 Telephone (601) 981-7900 Facsimile (601) 981-7917 lross@lmrossatlaw.com COUNSEL FOR DEFENDANTS
3

 
 Case 3:11-cv-00327-DPJ-FKB Document 24 Filed 09/12/11 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

JACKSON DIVISION

____________________________________

J.H., by and through his next friend,

)

Terina Gray; on behalf of himself

)

and all persons similarly situated, T.A., )

by and through his next friend,

)

Alice Austin, on behalf of himself and )

all persons similarly situated, and

)

DISABILITY RIGHTS MISSISSIPPI )

)

)

Plaintiffs,

)

v.

) Case No. 3:11-CV-327 DPJ-FKB

)

HINDS COUNTY, MISSISSIPPI,

)

)

Defendant.

)

____________________________________)

PRELIMINARY INJUNCTION ORDER

Having heard the testimony and documentary evidence offered by the parties with

respect to Plaintif f Disability Rights Mississippi’s (“DRMS”) Motion f or Preliminary

Injunction [7], and the Motion for Declarat ory Judgment [17] filed by Defendant Hinds

County, Mississippi, the Courts finds that both Motions should be granted.

On June 6, 2011, Plaintiff DRMS filed this litigation against Hinds County

seeking to enf orce what it contends are its access rights to the H enley-Young Juvenile

Justice Center (“Henley-Young”) pursuan t to the Protection and Advocacy for

Individuals with Mental Illness Act of 1986 (“ PAIMI Act”), 42 U.S.C. §§10801 et. seq. ;

the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (“DD Act”), 42

U.S.C. §§ 15001, et. seq.; Protection and Advocacy of Individual Rights Program (“PAIR

Act”), 29 U.S.C., §§794e, et. seq.

DRMS seeks to enforce its access rights to Henley-Young pursuant to the

Protection and Advocacy for Individuals with Mental Illness Act of 1986 (“PAIMI Act”),

Case 3:11-cv-00327-DPJ-FKB Document 24 Filed 09/12/11 Page 2 of 5
42 U.S.C. §§ 10801 et seq .; Protection and Advocacy of I ndividual Rights Program s (“PAIR Act”), 29 U.S.C. §§794e, et. seq ., (Collectively referred to as the “P & A Acts”) and all relevant im plementing regulations. Accordingly, it is hereby ordered that the Defendant’s agents and contractors shall:
1. Allow DRMS and/or its contractor (the Southern Poverty Law Ce nter) to conduct confidential visits with any resident to dete rmine whether that resident is eligible f or DRMS servi ces. Following the initial determ ination made by DRMS and/or SPLC, if necessary, Defendant’s agents and contractors shall allow mental health professionals hired by DRMS and/or its contractor (the Southern Poverty Law Center) to conduct confidential visits with any resident to determ ine whether that resident is eligible f or P&A services. DRMS will resp ect the right of any re sident to term inate an interview at any time. 42 C.F.R. Sec. 51.42(c). An eligible resident is a resident who lives with a disability as defined by the P & A statutes. Finally, with permission from youth, DRMS/SPLC will provide the County with the names of youth who are determ ined to be eligible for services by a m ental health professional.
2. Allow DRMS and/or its contractor (the Southern Poverty Law Center) to conduct confidential visits with any elig ible resident who would like to speak with DRMS. 45 C.F.R. Sec. 1366.22(f)-(h); 42 C.F.R. 51.42(b)-(d).
3. Allow DRMS and/or its contractor to conduct confidential interviews with any resident or staff m ember or contractor who m ay have knowledge of abuse, neglect or other m istreatment of any resi dent eligible for DRMS
2

Case 3:11-cv-00327-DPJ-FKB Document 24 Filed 09/12/11 Page 3 of 5

services, when DRMS has either received a com plaint or has probabl e cause

to believe that residents are s ubject to abuse and neglect. The Defendant

reserves the right to have an attorn ey present during interviews conducted

with its staff and contractors. 45 C.F.R § 1386.22(f), 42 C.F.R § 51.42(b)(1).

4. Ensure that DRM S and its contractor have access to Henley-Young at

reasonable times, which at a m inimum shall include nor mal working hours

and visiting hours, for the purpose of education and m onitoring. 45 C.F.R.

Sec. 1386.22(g). DRMS will conduct all m onitoring and investigative

activities so as t o minimize interference with Henley-Young program s,

respect residents’ privacy i nterests, and honor a resident’s right to term inate

an interview. DRMS shall m ake every reasonable effort to provide 48 hours

advance written notice to Henley-Young Administration of any requested visit

to Henley-Young. The parties acknowledge that DRMS is the final arbiter of

probable cause and shall not deny DRMS inves tigative access based on

Henley-Young’s determination that probable cause is insufficient. Notice

shall not be required before DRMS is provided investigative access.

5. Allow any resident to contact DRMS and/or its contra

ctor through

confidential phone calls and letters, and allow DRMS or its contractor to

prepare and place flyers in the Henley-Young lobby area, and to prepa re and

post notices in the Henley-Young visitation room, and in the residents’ living

areas that inf orm eligible residents of their rights to contact DRMS or its

contractor in writing. Pursuant to 42 C.F.R. § 51.42 ( c)(1), Henley-Young

and its personnel shall allow DRMS to inform residents about their potential

3

Case 3:11-cv-00327-DPJ-FKB Document 24 Filed 09/12/11 Page 4 of 5

rights to access DRMS services by m aking announcements in the living units

about DRMS’s services.

6. Allow access to all relevant records (including written or in another m edium

such as electronic files, photographs, or video or audio t

ape records)

pertaining to an eligible resident upon the request of DRMS when DRMS

believes there is probable cause to investigate a potential incident of abuse or

neglect of an eligible resident. DRMS agrees to obtain a valid release from

the facility resident and his/her legal guardian, conservator, or other legal

representative before requesting that individual resident’s m edical, mental

health, educational records in the custody or control of Henley-Young. 42

C.F.R. Sec. 51.41(b)(3) and 45 C.F.R. Sec. 1386.22(a)(3). However, rel eases

shall not be required when DRMS requests fac ility records such as those

enumerated in the first sentence of this paragraph, despite the fact that the

record relevant to the eligible resident may also contain otherwise confidential

information related to other individual f acility residents. 42 U.S.C. §

10805(a)(4)(B)).

7. Allow DRMS and/or its contractor reasonable unaccom panied access to view

and photograph all areas of the detention center that are used by residents or

that might be accessible to them . 42 C.F.R. 5142(c)(3). DRMS agrees that

absent written permission from a resident’s guardian it will keep conf idential

any photographs that contain identifiable images of residents.

8. Ensure that no youth suffers retaliation or adverse treatment for exercising his

or her right to meet with DRMS or participate in a DRMS investigation.

4

Case 3:11-cv-00327-DPJ-FKB Document 24 Filed 09/12/11 Page 5 of 5 9. Allow non-attorney staff m embers of DRMS and/or its contractor to
confidentially meet with eligible residents subject to the terms of this order. 10. Allow any resident to meet confidentially with any attorney or m ember of the
attorney’s staff when that attorney is retained by the resident or the resident’s guardian to represent the resident in any legal matter including but not limited to youth court matters or conditions of confinement. SO ORDERED AND ADJUDGED this the 12th day of September, 2011.
s/ Daniel P. Jordan III UNITED STATES DISTRICT JUDGE
5

 
 Case 3:11-cv-00327-DPJ-FKB Document 33 Filed 03/28/12 Page 1 of 25 Case 3:11-cv-00327-DPJ -FKB Document 27-1 Filed 01/20/12 Page 1 of 25

IN THE UNITED STATES DISTRICT COURT FOR TEE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DMSION

)

J.H., by and through his next friend,

)

Tetina Gray; on behalf ofhimself

)

and all persons sinri1arly situated, TA., )

by and through his next friend,

)

Alice Austin, on behalf ofhimselfand )

all persons similarly situated, and

}

DISABILITY RIGHTS MISSISSIPPI )

)

)

Plaintiffs,

)

v.

) Case No. 3:11-CV~321 DPJ-FKB

)

HINDS COUNTY, MISSISSIPPI,

)

)

Defendant.

)

)

SETTLEMENT AGREEMENT

On June 1, 2011, Plaintiffs filed snit challenging the conditions of confinement at

Henley-Young Juvenile Justice Center ("Henley-Young"). Defendant responded to the

Complaint and denied all the allegations. Plaintiffs and Defendant, without any admission on

.behalf of either, agree that it is in the best interests of all parties to resolve this matter amicably

without further litigation and cost to the taxpayers of Hinds County, Mississippi. Tbis

Settlement Agreement is not to be construed as an admission of any liability or violation of law

by the Defendant. The parties a.gree to the following provisions of this Sett1eruent Agreetnent to

resolve this litigation. The term ''Hen1ey~YoWlg Juvenile Justice Center" hereinafter refers

collectively to Hinds County and its Board of Supervisors. This Settlement Agreement and its

specific requirements shall apply fully to Henley-Young and to any contractors that may provide

services to Henley-Young in the futLl1'e. The term ~~outh" hereinafter refers to individuals

EXHIBIT
1 I-A----

Case 3:11-cv-00327-DPJ-FKB Document 33 Filed 03/28/12 Page 2 of 25 Case 3:11-cv-00327-DPJ -FKB Document 27-1 Filed 01/20/12 Page 2 of 25

confined at Henley"Young. The Parties understand that the requirements contained herein will be

implemented without undue delay as soon as practicable. Unless otherwise indicated herein) the

parties will collaborate to make all reasonable efforts to ~nsure that withln 90 days of the

effective date of this agreement, policies and procedures consistent with this agreement are

drafted, in the process ofbeing implemented, and that all detention staff receives training on the

requirements of this agreement. The parties agree and understand that implementation will be an

ongoing process that extends beyond the initial 90 days of this agreement. The parties further

agree to the following:

j

1. This agreement will terminate at the end of two years. If the Court makes written

I

findings based on the record that prospective relief remains necessary after two years

\

to correct a. current and ongoing violation of federal right, this agreement shall not

terminate. See 18 U.S.C.S.. § 3626 (b) (3),

2. The Parties stipulate that nothing in this Settlement Agreement constitutes an

admission of liability and furthermore, the Defendant denies that it has provided

deficient services in any category that is referenced below in this Settlement

Agreement.

3. Notwithstanding any other provisions of thlB Settlement Agreement, the parties

stipulate that the remedies contained in this document are necessary to correct an

ongoing violation of a federal right, extend no fUrther than necessary to correct the

violation of federal right, and that the prospective relief is narrowly drawn and is the

least intrusive means to correct the violations.

4. It is the intent of the parties that the COU1l will retain ongoing jurisdiction over this

Settlement Agreement for purposes of enforcement, pursuant to the terms of the

2

Case 3:11-cv-00327-DPJ-FKB Document 33 Filed 03/28/12 Page 3 of 25 Case 3:11-cv-00327-DPJ -FKB Document 27-1 Filed 01/20/12 Page 3 of 25

Prison Litigation Reform. Act All provisions of this Settlement Agreement shall be

interpreted to be consistent with this intent, In the event that the Court determines

that it does not have jurisdiction of this Settlement Agreement for purposes of

enforcement, the parties agree to modify the Settlement Agreement to the least extent

necessary to ensure ongoing federal court jurisdiction.

L INTAKE

1.1 Hinds County denies that the current intake procedure at Henley~Young is deficient in

any manner. However. the parties agree that henceforth: All youth admitted to Hen1ey-

Young shall receive a health screening, within 1 hour ofadmission or as Boon as possible

as reasonably thereafter, by appropriately trained staff as required by Mississippi Code

Annotated § 43-21-321. "Information obtained during the screening shall include, but

shall not be limited to, the juvenile's: (8) Mental health; (b) Suicide risk; (0) Alcohol and

other drug 1l8e and abuse; (d) Physioal health; (e) Aggressive behavior; (f) Family

relations; (g) Peer relations; (h) Social skills; (i) Educational status; and (j) Vocational

status." Miss. Code Ann. § 43-21-321(1). During this screening, Henley-Young shall

obtain information regarding the youth's educational status by having the youth or intake

officer complete an education screening form developed and provided by the Jackson

Public School District.

1.2 Hinds County denies that Httlley~YOWlg failed to conduct mental health screenings of

i

juveniles admitted to the faoilltyin accordance with Mississippi Code Annotated § 43-21-

I
I

i

321. The parties agree, however, that henceforth: All youth shall receive a MAYSI-2

~ .i

mental health screening upon admission, as required by Mississippi Code Annotated §

j

43-21-321. The screening will be conducted in private by applopliately trained staff of

.•t
~

I

3

Case 3:11-cv-00327-DPJ-FKB Document 33 Filed 03/28/12 Page 4 of 25 Case 3:11-cv-00327-DPJ -FKB Document 27-1 Filed 01/20/12 Page 4 of 25

Henley-Young. If the screening indicates that the youth is in need of emergency medical

care or mental health intervention including, but not limited to, major depression, suicidal

ideation, withdrawal from drugs or alcohol, or traum~ the detention staff shall refer those

juveniles to the proper health care facility or community mental health service provider

for further evaluation immediately or as soon as reasonably possible.

1.3 Prescription medications will be secured for all youth who have a valid~ Cl.lITeD.t

prescription within 8 hours of admission, if possible, but in no case, longer than 24 hours

after admission, inoluding weekends and holidays. If durL."'lg a ym.lt.1.'s detention, a

medical professional either prescribes a new medication or renews a youth's previous

prescription medication, Henley-Young will secure the prescription medication within 8

hours of receiving the prescription, if possible, but in no case, longer than 24 hoUTs after

receiving the new prescription, including weekends and holidays. Hen1ey-Young shall

procure andlor putchase all prescription medications prescribed to confined youth.

1.4 Upon admission to Henley-Young, all youth shall be offered a snack or meal in

compliance with the United Sta.tes Department of Agriculture's School Meals Program

I

standards.

! j

1.5 Upon admission to Hen1ey"Young, all youth shall be permitted to telephone a parent or

legal guardian free of charge and to take a shower before being placed on the pod.

, I j

J

I .

1.6 Hinds County denies that Hen1ey~Young does not have in :place a valid strip search

: ~
1 i

policy. Within 60 days of the date of this agreement, Henley-Young shall develop and

implement policies that limit strip searches to instances where Hen1ey~Young staffhas an

articulable suspicion that a youth may possess weapons or contraband. Anytime a strip

search is conducted, Henley-Young staff must document, in writing~ their suspicion,

4-

Case 3:11-cv-00327-DPJ-FKB Document 33 Filed 03/28/12 Page 5 of 25 Case 3:11-cv-00327-DPJ -FKB Document 27-1 Filed 01/20/12 Page 5 of 25

obtain permission from a supervisor, and conduct the search in a manner that minimizes

the intrusion into the youth's privacy.

ll. STAFFING AND OVERCROWDING

2.1 Hinds County denies that there are staffing issues and overcrowding at Henley-Young.

However, the parties agree that Henley-Yo1.U1g shall ensure that there are sufficient

numbers of adequately trained direct care and supervisory staff to supervise youth safely,

protect youth from harm, allow Y01TfJl reasonable access to medical and mental health

services, and allow youth adequate time to participate in out-of-ccll activities. Withln 90

days of the -date of this a.greement, Henley-Young shall operate with a direct care staff to

youth ratio of 1:8 from the hours of 6:00 a.m. unti110:00 p.m. and a ratio of 1:10 from

the hours of 10:00 p,m. to 6:00 a.m.

2.2 If the staff-to-youth ratio falls below the requirements of section 2.1 for longer than two

(2) days, the Director or his assignee shall immediately identify youth accused of

nonviolent offenses who are eligible fot' less restrictive alt611latives to secure detention

and request an emergency release for eligible youth from the appropriate Youth Court.

The maximum capacity of Hen1ey-Young shall be caloulated by determining how many

direct care staff members can supervise YOlJth in accordance \\ith section 2.1. The

CUU'etlt maximum capacity of Hen1eywYoung is 84.

2.3 No more than one youth shall be placed in a onewperson cell.

III. CELL CONFINEMENT

3.1 Hinds County denies that youth are confined 'in their cells without engaging ill structured,

rehabilitative, and educational programming. The parties agree, however 1 that

I'

henceforth: Youth shall be engaged in structured, l'ehabi1itatiY~ and educational

!

!

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programming outside of their cells during the hours of 7:00 a.m. to 9:00 p.m. each day~ inoluding weekends and holidays. 3.2 Except when youth are in protective custody or confined subject to section 3.3 of this Settlement Agreement, youth placed in the Suicide or Booking cells shall be allowed to spend the hours of 7:00 a,m. to 9:00 p.Ol. on the appropriate living unit and to have the opportunity to engage in structured, rehabilitative, and educational programming, unless medically counter-indicated. 3.3 Youth who pose an immediate, serious threat of bodily injury to others may be confined in their cells for no longer than 12 hours at a time without administrative approval. Youth who are placed on cell confinement for this reason shall be released from their cells daily to attend school, maintain appropriate personal bygiene and to engage in one hour of large muscle e]{ercise. Staff must pexfonn visual checks on youth who are subjoot to cell confinement every 15 minutes. Staff must document all instances of cell confinement in writing and must document the justification for determining that a youth poses an immediate, serious threat ofbodily injury, 3.4 Youth shall not be automatically subjected to cell confinement andlor isolation upon their admission to Henley~Young unless he or she would be subject to cell confinement l.1!J.der section 3.3. 3.5 At all times between the hours of 7:00 a.m. to J0:00 p.m.• at least one direct care staff shall be gtationoo on any living unit where two or more youth are placed, and direct care staff shall be actively engaged with youth. From 10:00 p.m. to 7:00 a.m., staff shall . conduct visual checks on youth every 15 mtn1.1tes. Henley~Young shall ensure that every cell has an operating intercom that allows youth to communicate with staff at all times.
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IV. STRUCTURED PROGRAMMING

4.1 Hinds County denies that Henley-Young has fat1ed to administer dailYt structured,

programming for youth dewned at the facility. The parties agree, however, that

henceforth: Henley-Young shall administer a daily program, including weekends and

holidays, to provide structured educational, rehabilitative, and/or recreational programs

for youth during all hours that youth shall be permitted out of their cells, pursuant to

section 3.1. Programming shall include:

a. activities which are varied and appropriate to the ages of the youth;

h. structured and supervised activities which are intended to alleviate idleness and

develop concepts ofcooperation and sportsmanship; and

c. supervised small group leisure activities, such as a wide variety of card and table

,games, arts and crafts) or book club discussions.

v. INDIVIDUALIZED TREATMENT PLANSITREATMENT
PROGRAM FOR POST-DISposITION YOJJTH

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5.1 Hinds County denies that Hen1ey"Young has failed to provide or bas provided deficicmt

individualized treatment plans or .1rea.tment programs for post~disposition youth. The

parties agree, however, that Hen1eYMYoung shall ensure that youth have ·access to

.adequate rehabilitative services. Henley-Young shall ensure that children placed in the

facility post-disposition will receive constitutionally compliant rehabilitative services.

5.2 Henley-Young shall ensure that youth in need of mental health and/or substance abuse

treatment and/or who are in the facility post disposition shall have appropriate treatment

plans developed. and implemented in accordance with generally accepted professional

standards ofpractice for mental health and rehabilitative services.

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5.3 Henley"Young shall implement policies and procedures for the required content of treatment plans~ which shall include; a. That the treatment plan be individualized; b. An identification of the mental and/or behavioral health andlor rehabilitative issues to be addressed; c. A descdption of any mental health, medication or medical course of action to be pursued, including the initiation ofpsychotropic medication; d. A description of planned activities to monitor the efficacy of a:ny medication of the possibility ofside effects; e. A description of any behavioral management plan or strategies to be lmdertaken; f. A desoription of any counseling or psychotherapy to be provided~ g. A determination of whether the type or level oftreatmen.t needed can be provided in the yOllth~s current placement; and h. A plan for monitoring the course of treatment> and if necessary~ for revising the treatment plan. i. A description of the precise terms the of the facility's long-term and short~tenn objectives for the youth, the full range of services to be proyid~ and procedm6, and timetables and staff MSignmants for the implementation of such treatment plan; J. A plan for regula:dy engaging the fmni1y in the youth's treatment plan; k. A comprehensive re-entry plan that will assist the youth f&<enIoll in their home school and access medical, mentai health, vocational and rehabilitative services based in the community.
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SA Henley-Young shall institute a program of periodic staff reviews every three weeks and evaluations of each youth's progress under hislher individualized m,atment plan and of the appropriateness of the plan itself and Hen1ey-Young's plan for such l'eview.
5.5 Henley-Young shall develop and implement a program that provides for evening and weekend programs and activities that allow youth to engage in meaningful activities.
5.6 Henley-Young shall develop and implement an adequate quality assurance program. VI. DISCIPLINARY PRACTICES AND PROCEDURES
6.1 Hinds CO"l1nty denies that the current disciplinary praotices and procedures at Hen1eyYoung are deficient in any manner. The parties~ however. agree that henceforth: HenleyYoung shall implement a discipline policy and practice that incorporates positive behavior interventions and supports. This policy shall include guidelines for imposing graduated sanctions for rule violations and positive incentives for good behavior.
6.2 Youth who violate major rules may be subject to cell confinement for up to 24 hours for a single rule violation. An occasion in which a youth is alleged to have contetnpoxaneously violated multiple major rule violations shall count as a single rule violation for the purposes ofthis section. No youth shall be confined to a cell for longer than 8 hours for a single rule violation without receiving written notification of the alleged mle violation and the ocourrence of a disciplinary review/due process hearing before an impartial staff member, which includes participation by the accused youth. Under no circumstances shall youth be subjected to involuntary cell confinement for longer than 24 hours for disciplinary purposes. Youth who are placed on cell confinement shall be released daily from their cells to attend school, maintain appropriate personal hygiene, and to engage in one hour of large muscle exercise.
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VD. USE OF RESTlWNTS

7.1 Hinds CoUttty denies that Henley-Young currently improperly uses restnUnts. The

parties agree. however, that henceforth: Mechanical restraints shall not be used to

punish youth or for the convenienoe ofstaff. Mechanical res1ra.in.ts shall only be used to

prevent self-harm and/or harm to others, subject to section 7.4, and for transportation to

and itom court, subject to section 7.2.

7.2 Nothing in this section shall prohibit mechanical restraints from being placed on you1h

who are being transported to and from court or out of the faci1ity~ ifstaffhave reason to

believe that a youth presents a flight risk: or is an imminent da.n.ger to the youth or

others, or wiD engage in violent behavior. However, mechanical restraints should be

removed immediately after the youth :Is placed in a cell and at no time shall a youth be

placed in a cell wearing mechanical restraints.

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7.3 Restraints shall not be used to secure youth to a fixed object such 88 a restraint chair.

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bed, post, or chair.

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7.4 No youth shall be restrained for longer than 15 minutes, unless resttaints are approved

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by a mental health professional or if determined to be neoessary under section 7.2 or 88

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reasonably necessary to prevent the youth :from engaging in acts ofsclf..harm or harm to

others. Ifa youth must be restrained for longer than 15 minutes in order to prevent se1f-

harm, that youth shall, as quickly as pOSSl.ole, be evaluated by a mental health

professional or transported to a mental health facility.

7.5 Hen1ey~Young sha.1.1 not use, or allow on the premises, restraint chairs, chemical

restraints and/or Tasers.

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7.6 Henley~Young shall not subject youth to "hogtyingt which is the practice of pl~ing a

youth face down on a bed, floor, or other smiace, and securing the youth's hands to his

feet.

7.7 When a youth is placed :in mechanical restraints, staff must provide one-on-one

supervision for the dura.tion of the restraint, except when mechal1ical restraints are

doomed to be neoessary for the reasons specified in section 7.2.

7.8 Henley-Young shall notify a medical professional whenever a youth is placed in

mechanical restraints for reasons other than those speciffed in section 7.2. A medical

professional shall exmnine a youth as soon as possible after restraints are removed,

except when a youth was restrained for the reasons specified in section 7.2.

7.9 Hinds County does not currently and shall not in the f.nure allow officers to enter the

secure detention area of the facility with .any electronic restraints, including, but not

limited to, Tasers.

7.10 Henley~Young is required to ensure that no officer enters the secure detention area of

the facility with a firearm.

VIll. USE OF FORCE

8.1 Hinds COlmty denies that Henley-Young currently uses force improperly. The parties,

however. agree that henceforth: Physical force shan not be used to punish youth. Staff

shall only use physical force to stop youth from causing serious physical injury to self or

others or to prevent an escape. Ifpbysical force is necessary, staffmust use the minimum

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amount required to safely contain the youth. Whenever possible, staff shall avoid the use of force. by first attempting verbal de-.escalation techniques. Staff shall be required to

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frilly document in writing every instance ofuse of force.

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8.2 Henley-Young shall notify a medical professional, including but not limited not to the licensed practioal nurse on duty whenever physical force is used against a resident. A medical professional shall ex-amine a youth immedia.tely after the use ofphysical force. IX. MEALS AND NUTRITION
9.1 Hinds County denies that Henley-Young has failed to provide proper meals and snacks to youth. The pm-ties agree, however, that henoeforth: Youth shall be. provided three meals and a snack daily. If a youth misses a meal because he or she is attending court, or some other appointment~ he or she shall receive the missed meal upon his or her return to detennon.
9.2 All meals and snacks served to youth at Henley-Young shall, at a mininllun, comply with the nutrition guidelines set forth in the United States Department of Agricultu.:re's School Meals Program standards.
9.3 Youth shall be provided access to drinking water throughout the day. X. CLOTHING
10.1 Hinds County denies that Henley-Young has failed to provide basic clothing items for youth. The parties agreet however, that Henley-Young shall provide basic clothing items for youth at all times. These items must include, at a minimum, socks, underwear, unifonn, shoes, and undershirts, For girls, these items must also include a bra. When appropriate, Henley-Young shall also provide youth with a coat, hat. and gloves. Youth must be provided with a clean uniform, socks, undershirt, underwear, and bra, if applicable, upon intake and at least once per day. No youth shall be deprived of these basic clothing items for any reason~ including. but not limited to, as a punishment, because these items are being washed, or due to overcrowding.
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Xl. HYGIENE AND SANITATION 11.1 Hinds County denies that He1lley~Young bas failed to provide youth with appropdate
hygiene products. The parties agree that, however, henceforth: Youth shall be provided with the means to maintain appropriate hygienet including soap and shampoo for showers, which will occur at least once daily, soap for washing hands after each time the youth uses the toilet, and toothpaste and a toothbrush for tooth brushing, which will occur at least twice daily, a comb and brush, that if shared, shall be sterilized between uses by youth. Girls must be provided with panty liners on a daily basis and other feminine products as needed. Youth 'Will be issued a comb and brush upon entering the facility; however, if yo-uth are issued a recycled comb or btush 01' a comb or brush that haa been used by anothe.r youth, Henley-Young shall ensure that the comb and brush is sterilized and in good condition. 11.2 Youth shall be provided with sleeping mats and blankets that are clean and odorless. sleeping mats shall be sanitized between uses by youth, and youth. shaH receive clean blankets weekly. 11.3 Under no circumstances shall youth be deprived ofmats and blankets. 11.4 Henley-Young shall maintain a. sufficient number of clean, sanitaJ.')' mats and blankets that correspond with the faci1ity'smaximum capacity. 11.5 Youth shall be provided with a clean, sanitary environment 11.6 Hinds County shall ensure that Henley-Young complies with relevant law regaroingfire safety, weather emergencies, sanitation p..-ractices, food safety, and the elimination and management of environmental toxins. 11.7 Youth shall be pl'ovided with clean drinking glasses and eating utensils.
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xn. MEDICAL CARE

12.1 Hinds County denies that Henley-Young has failed to provide youth with adequate

medical care. The parties agree, however, that henceforth, Henley-Young shall provide

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youth with adequate medical cart; including: prompt screenings; a full physical exam

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within 72 hoUtS after tbcit detention hearing or disposition order, as applicable; access to

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medical professionals and/or prescription medications when needed; and prompt

tnmsportation to a local hospital in the case of a medical eDlm-gency. Hinds Cotmty is

responS1ble for procuring and/or paying for all medications provided to residents.

12".2 Henley-Young shall ensure that a medical professional is available to examine youth

confined at the facility to ide.ntify and treat medical needs, when necessary.

12.3 Henley~Young shall implement its sick call policy and practice which ensures that

confined youth who request non..em.ergency medical attention ate examined by a. medical

professional within 24 hours of a youth placing himself on sick call, excepting weekends

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and holidays.

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12.4 Prescription medications shall only be distributed by licensed medical staff or Henley-

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Young staff who has been b:ained by licensed medical personnel.

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12.5 Medical and mental health services shall be provided in a manner that ensures the

confidentiality ofyomh'8 health information.

12.6 Henley-Youn.g shall develop a. procedure for monitoring youth who require

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individualized attention because of medical issues that does not involve :requiring the

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youth to sleep on a mat itt the visitation room.

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Xill. MENTAL HEALTH CARE, 13.1 Hinds COlmty denies that Henley-Young has failed to provide adequate mental health
care to youth. The parties fI.gree, howevert that henceforth: Hen1ey-Youngl s contractor, Hinds Behavioral Health Services) shall provide adequate mental health services to all confmed youth with a mental health diagnosis or serious mental health need~ as indicated by the MAYSI·2. This shall include, but is not limited to, the provision of individual and group counseling sessions upon the request of a youth or the youth's parent/guardian; access to a mental health professional at the (letention center, and the distribution and medical monitoring of psychotropic medications by a meClicru professional, 13.2 Youth who are confined for longel' than thirty (30) continuous days and who are prescribed psychotropic medicati.o118} shall be evalu.ated by a psychiatrist every thirty (30) days, Such evaluations may be perfonned by and through employees of Hinds Behavioral Health. 13.3 Within 72 hours of a youth's admission to the facility, staff shall develop individual mental health treatment plans for youth who are under the oare of a mental health pl'ovider. Treatment plans shall emphasize continuity of care and sh.all ensure that wl1enever possible, youth are transported to appointments with their regular mental health provider, whether the appointments are standing or made after the youth's initial detention. 13.4 Henley-Young shall develop and implement policies and procedures for referring youth in need of psychiatric services to a lice!I.'Jed psychiatrist for a timely mental health evaluation. Such services may be provided by and through employees of Hinds Behavioral Health.
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13.5 Hinds County shall employ or contract for sufficient psychiatric services to permit a

psychiatrist to :fulfill the following functions:

a. conduct needed psychiatric evaluations prior to placing youth on psychotropic

medications;

b. Monitor, as appropriate, the effioacy and side effects ofpsyohotropic medications;

c. Participate in treatment team meetings for youth under the psychiatrist's care;

d. Provide individual oounseling and psychotherapy when needed;

e. Evaluate and treat in a timely manner all youth referred as possibly being in need of

psychiatric services; and

f. Provide adequate documentation oftreatment.

g. All evaluations and services. outlined above may be performed andlor provided by

and through employees of Hinds Behavioral Health or any other duly qualified

Mental Health agency.

13.6 The psychiatrist and/()f counselors shall review, if necessary, incident reports,

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discipllnary reports, suicide watch logs, and lockdown logs of y-outb. under their care to

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determine whether their treatmoot is working and, ifnot, how it should be modified. XIV. SUICIDE PREVENTION

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14.1 Hinds County denies that Henley-Young failed to provide adequate suicide prevention

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policies. The parties agr~ however, that henceforth: Henley-Young shall develop a

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multi-tiered suicide prevention policy that has at least three stages of suicide watch.

Suicide watch shall not be used as punishment. The "suicide cell" shall be reserved for

youth for whom the '·suicide ceU" is deemed necessary in conjunction with this suicide

prevention policy.

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14.2 Any youth placed on the highest level of suicide watch shall be evaluated by a mental

health professional, ideally within 12 hoUl's, but in no case longer than 24 hours ofbis or

her placement on suicide watch. If a youth on the highest level of suicide watch is not

evaluated by a mental health professional within 24 hours, the youth shall immediately be

transported to a local mental health faoillty or emergenoy room for evaluation and/or

treatment.

14.3 Youth on suicide watch shall participate in recreation, school, and any other structured

progran:nning. Youth shall not be required to wear a "suicide gown" lmless locked in a

cell. Staffshall closely monitor youth on suicide watch, which includes logging activities

every IS-minutes.

14.4 When a youth is placed on any level of suicide watch, a report sbal1 be made within 24

hours to the youth court, as well as to the youth's guardian, and his or her defense

attorney.

xv. FAMILY SUPPORT MiD INTERACTION

15.1 Hinds County denies that Henley-Young arbitrarily witbholds or restricts visitation

and/or restricts visitation as a form of punishment. The parties agree, however, that

henceforth: Visitation shall not be restricted or withheld :from youth unless the detention

center director determines that a visit will violate the security of Hen1ey-Yotmg or will

endanger the safety ofresidents, visitors, or staff. Visitation should not be restricted as fl

fonn ofpunishment

15.2 Within 90 days of the effective date of this Settlement Agreement, Henley-Yotmg sba.11

provide accommodations that allow youth to have -contact visits with their families.

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15.3 Visitation shall be regularly scheduled at least three times per week, which shall include evening and/or weekend visitation times in order to encourage family visitation. HenleyYoung shall permit the minor siblings of confined youth to participate in visitatio~ as long as the minors' parent or guardian is present during the visit and the siblings are not harmful to the youth who is detained at Henley-Young. Henley-Young shall also permit a confined youth's own child(ren) to participate in visitation.
15.4 Youth may receive phone calls from their attorneys. At the discretion of the Director or assignee, in emergency situations, youth may receive phone calls from parents, primary caretakers, or legal guardians. Emergency phone calls and phonecal1s from attorneys should not be restricledas a form ofpunishment. XVI. MISCELLANEOUS PROVISIONS
16.1 Hinds County denies that male and females youth are not provided equal access to educational and rehabilitative services, medical earn, and indoor and outdoor recreation. The parties agree, however. that henceforth: Male and female youth shall be provided with equal access to educmional and rehabilitative services, medical care, and indoor and outdoor recreation..
16.2 Hinds County denies that Henley-Young has failed to allow youth to engage in at least one hour of large muscle exercise per day. The parties agree, however, that henceforth: All youth shall have the opportnnity to engage in at least one hour of large muscle exercise a day.
16.3 Henley-Young shall implement a policy which prohibits s1aff from insulting youth or calling them names. and "USing profanity in the presence of youth.
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16,4 Hinds County denies that Henley-Young does not ~U1Tently have an adequate grievance policy. The parties agreet however, that henceforth: Henley-Young shall implement an adequate grievance policy that is accessible to all youth regardless of literacy levels, and that provides youth with the opportunity to appeal facility level detenninations. Youth shall obtain the grievance forms from the school liaison.
16.5 Hinds County denies that Henley·Young does not currently have an adequate policy whereby youth can request to see their attorney andlor YQutb: Court counselor. The parties agree) however, that henceforth: Henley-Young shall develop and :implement an adeqtU\te policy that allows youth of all ages and literacy levels with the opportunity to request to see their attorney andlor Youth Court counselor. Youth shall obtain the form requesting a visit from. hislher counselor from the 8clloo11iaison. Henley-Young agrees to collaborate with the Plaintiffs to design and implement a comprehensive juvenile justioe pre-service and in-service training program for detention center staff. Training shall include} but is not limited to~ the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation teclm:iques, adolescent hrain devclopmeht and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration. XVU. INDEPENDENT EXPERT
17.1 The Defendant shall contract with Leonard Db{On, within 30 days ofthe court's entry of this s.ettlement Agreement, to serve as an expert who will be responsible for documenting the Defendant's compliance with the terms of this agreement and for providing and/or arranging technical assistance and training regarding complianoe with this Settlement
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Agreement. The expert shall have full and complete access to the facility, including but

not Hmited to, access to detained youth, iDstitutional files, medical files, mental health

files, educational files, video tapes, and youth records, staff records, and all other

information and other reports by staff, grievances) incident reports, and other relevant

dOOl1lllents and files maintained by Hen1ey·Yotmg. The Defendant shall direct aU staffto

cooperate with the expert.

1'7.2 Upon the recommendation of the· independent expert and with the mutual consent of the

parties, the terms ofthis Agreement may be modified. Consent will not be unreasonably

withheld

17.3 All non-public information obtained by the expert shall be kept confidential, except that

on a quarterly basis the expert shall file a report with the- Court documenting the

progress of compliance.

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17.4 Neither party) nor any employe0 or agent of either party, shall have any supervisory

a1.l.thority over file expert's activities, reports, findings, or recommendations.

17.5 The expert shall be permitted to initiate and receive ex parte communications with all

parties.

17.6 The expert shall tile with the Court and provide the parties with reports describing the

Defendant's steps to implement this Settlement Agreement and evaluate the extent to

which the Defendant has complied with each substantive provision of this agreement.

Such reports shall be issued quartedy, unless the parties agree otherwise. The reports

shall be provided to the parties in draft form for comment at least two (2) weeks prior to

their submission to the Court. These reports shall be written with due regard for the

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privacy interests of individual youth and staff and the interest of the Defendant in protecting against disclosure of non-publio information. 17.7 The expert shall have a budget sufficient to allow him to fulfill the responsibilities described in this Settlement Agreement. Mr. Dixon may consult other experts or consultants retained by either party. All parties shall receive copies ofall draft reports from the other experts to Mr. Dixon prior to the issuanoe ofMr. Dixon's report, and shall have the option of being present at brl~fings from such experts to Mr. Dixon and Defendant. Mr. Dixon may:initiate and receive ex parte cottttnUDioations with the parties and their respective experts and consultants.
XVDI. PLAJrD]FlS' COUNSEL CONTINUED ACCESS
18.1 Plaintiffs' counsel shall have tbl1 and complete access to the youth at Henley-Young. They shall also have full and complete aooesg to the facility, yout:h. and -relevant records, including but not limited to institutiflna1 files, medical flles~ mental health filest educational files, video tapes, md youth reoords, staff records, and all other information and other reports by staff, grievances, incident reports, and other relevant documents and files maintained by Henloy-Young relevant to assessing the Defendant"s compliance with this Settlement Agreement.
18.2 Plaintiffs' counsel shall have the right to conduct monitoring and educational visits at Henley-Young so long as they provide 48-hour notice. Plaintiff's counsel retains the right to investigate any complaints of abuse or neglect at the facility P\ll'SUant to its authority under the Protection and Advocacy for Individuals with Menta1 illness Act of 1986 ("PAIMI Act',), 42 U.S.C. §§ 10801 et seq., the Developmental Disabilities
ep Assistance and Bill of Rights Act of2000 ADD Aot'?, 42 U.S.C. §§ 15001 et seq.,
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.I .,

and the Protection and Advocacy of Individuals Rights Program (''PAIR. Act"), 29

U.S.C. §§ 794 et aeq.

18.3 Plaintiffs' counsel shall have the right to oonduct confidmtial mterviews with youth

currently confined at Henley-Young. Nothing in this Settlement Agreement shall

prohibit DRMS or its agents from accessing youth in accordance with Judge Jordan's

Pre1inrinary Injunction Order issued on September 12, 2011, ECF 24. Plaintiffs agree

to· indemnifY the County for any liability it incurs as a result of PlaintiflB' actions or

inactions related to the monitoring of this agreement. Plaintiffs further agree to

comply with all state and federal confidentiality requirements regarding youth co1lt\

educational and/or medical records.

18.4 All interviews of Henley-Young staff shall be coordinated by and with Attomeys

representing Henley-Young. AIl non-public information obtained by Plaintiffs'

caunsel shall be maintained in a confidential manner.

XIX. COMPLIANCE. ENFQRCEMEKt. Arm DISMISSAL

19.1 Theparties agree that the implementation and interpretation ofthis Sett1ementAgreement

sba1l be guided by the fact that the primary purposes of Mississippi's juvenile system are

''rehabilitation and individual treatment rather than retribution." Buck v. State, 838 So.

2d 256, 260 (Miss. 2003) (internal quotations and citation omitted).. The same principle

that guides the interpretation of Mississipprs Youth Court Act $hall guide the

implementation of this Settlement Agreement Both the Act and the Settlement

Agreement shall:

be liberally construed to the end that each child coming within the

jurisdiction of the youth court shall become a respo.nsible, accountable,

and productive oitizen, and that each such child sball receive such care,

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guidance, and control, preferably in such child's own home as is

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conducive toward that end and is in the state's and the child's best interest. It is the public policy of this state that the parents of each child shall be primarily rasponsible for the caret supportt education, and welfare ofsuch children; however, when it is necessary that a child be removed from the control of such child's patents, the youth court shall secure proper care for such child.

Miss. Code Ann. § 43w21~103. "Inherent ill this policy is the protection and care of

children in trouble and the rehabilitation of those gone astray.~' Helmert v. Biffany, 842

So. 2d 1287, 1291 (Miss. 2003).

19.2 This Settlement Agreement shall be binding on al1successOfS. assignees, contractors,

employees, agents, and all those working for or on behalf of Hinds County,

Mississippi.

19.3 Hinds County agrees that it shall not retaliate against any person because that person

has filed or may file a complaint, provided information or assistance, or participated in

any other manner man investigation or proceeding related to this Settlement

. '

Agreement.

19.4 Plaintiffs' counsel shall have the right to conduct interviews with staff.

19.5 After the effective date of this Settlement Agreement, the Court shall retain

jurisdiction to ensure that the parties fulfill their respective obligations under this

Settlement Agreement. In. the event that any matter related to this Settlement

Agreement is brought to the Court, the Court may require 'briefing, and any remedy

within the Court's jurisdiction shall be available.

19.6 For puxposas of settlement only, the Parties stipulate to class certification. The

i

I

settlement class is defined as "all youth who are C1.:lrrently or will in the future be

.I

confined at Hen1ey~Young."

1
I

1
\
!

23

Case 3:11-cv-00327-DPJ-FKB Document 33 Filed 03/28/12 Page 24 of 25 Case 3:11-cv-00327-DPJ -FKB Document 27-1 Filed 01/20/12 Page 24 of 25

19.7 PlaintiffS agree 10 notify the County Board Attorney, the County Administrator, and

the Board of Supervisors and give them an opportunity to resolve a problWl at

Hooley-Young prior to initiating media contact.

XX. FEES

20.1 The parties agree that the payment and amount of attorneys' fees paid by the Defendants

shall remain confidential with resp~t to all parties and may only be disclosed pursuant to

a valid court order or public records request.

SO ORDERED this

,
1.7

-1"
day

Of_f:.....:t..:..;·'6;f~'------,

2012.

I~~ ~eo'-c-=tm;"-ll-:-,-Mi-·-ss--.-Bar~m::--o-.-10-2-37-6-
J
s. Bar No. 101652
Southern Poverty Law Center 111 E. Capitol Street, Suite 280 Jackson, MS 39201 conie.cockrel1@splcenter.org jod~ :wens@splcenter.org sh' edi spl~nter.org
Wendy White, Miss. Bar No. 100409
Disability Rights Mississippi 210 E. Capitol Street, Suite 100 Jackson, MS 39201
24

Case 3:11-cv-00327-DPJ-FKB Document 33 Filed 03/28/12 Page 25 of 25 Case 3:11-cv-00327-DPJ -FKB Document 27-1 Filed 01/20/12 Page 25 of 25
wwbite@dnns.ms
COUNSEL FOR PLAINTIFFS UaR M. Ross, Miss. Bar No. 97SS
Hinds Co Board ofSupervisors Board Attomey Post Office Box 686 Jack:so14 MS 39205..0686 cmartin@oo.hlndsJllS.U8
25

 
 Case 3:11-cv-00327-DPJ-FKB Document 34 Filed 03/28/12 Page 1 of 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

J.H., BY AND THROUGH HIS NEXT FRIEND TERINA GRAY, ON BEHALF OF HIMSELF AND ALL PERSONS SIMILARLY SITUATED AND DISABILITY RIGHTS OF MISSISSIPPI

PLAINTIFFS

VS.

CIVIL ACTION NO. 3:11cv327-DPJ-FKB

HINDS COUNTY, MISSISSIPPI

DEFENDANT

JUDGMENT

This matter having come before the Court on a final fairness hearing March 23, 2012.

The Court having entered an agreed order approving the settlement and certifying a settlement

class, and being desirous that this matter be finally closed on its docket,

IT IS, THEREFORE, ORDERED that this case is hereby DISMISSED WITH

PREJUDICE as to all parties. The Court specifically retains jurisdiction to enforce the

settlement agreement.

SO ORDERED AND ADJUDGED this the 28th day of March, 2012.

s/ Daniel P. Jordan III UNITED STATES DISTRICT JUDGE

 
 Case 3:11-cv-00327-DPJ-FKB Document 50 Filed 04/25/14 Page 1 of 7

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

J.H. and DISABILITY RIGHTS MISSISSIPPI

PLAINTIFFS

v.

CIVIL ACTION NO. 3:11cv327-DPJ-FKB

HINDS COUNTY, MISSISSIPPI

DEFENDANT

ORDER

This matter involves alleged constitutional and federal-law violations at the Henley-

Young Juvenile Justice Center. Though the parties settled their differences, Plaintiff Disability

Rights Mississippi (“DRM”) now seeks an order holding Defendant Hinds County, Mississippi,

in contempt for violating the terms of that agreement. DRM also seeks other remedies. Mot.

[41]. For the reasons stated, the motion is granted in part.

I. Background

In June 2011, Plaintiffs filed a class-action lawsuit against Hinds County to remedy

unconstitutional conditions at Henley-Young. In July, the Court entered a preliminary

injunction, and by March 2012, the parties entered an agreement requiring Hinds County to

rectify 71 specific deficiencies at Henley-Young. The Agreement included a two-year expiration

date that would have passed March 28, 2014, had DRM not filed its motion.

DRM now seeks an extension of the Agreement and further seeks an order holding Hinds

County in contempt for failure to comply with the Agreement. The Court held an evidentiary

hearing on April 24, 2014, and heard testimony from Court-appointed monitor Leonard Dixon.

The Court has personal and subject-matter jurisdiction and is prepared to rule.

Case 3:11-cv-00327-DPJ-FKB Document 50 Filed 04/25/14 Page 2 of 7
II. Analysis There are two basic questions: (1) should the Agreement be extended; and (2) should
Defendant be held in contempt. The answer to the first is an easy “yes”; the answer to the second is a closer “yes,” but attorneys’ fees will not be awarded at this time.
A. Extending the Agreement The parties’ Agreement states that “it is the intent of the parties that the Court will retain ongoing jurisdiction over this Settlement Agreement for purposes of enforcement, pursuant to the terms of the Prison Litigation Reform Act.” Agreement [33] at 2. Paragraph 1 of the Agreement then follows the Act’s provisions for extending relief, stating as follows: This agreement will terminate at the end of two years. If the Court makes written findings based on the record that prospective relief remains necessary after two years to correct a current and ongoing violation of federal right, this agreement shall not terminate. See 18 U.S.C. § 3626(b)(3). Agreement [33] at 2. Section 3626(b)(3) also states that any continued prospective relief must be “narrowly drawn and the least intrusive means to correct the violation.”1 An extension of the Agreement is necessary in this case. Mr. Dixon is an expert in the field of youth detention, and he has served as the Court-appointed monitor since the parties selected him in May 2012. He has provided six status reports that are docketed in the record. Those reports rate the County’s success in fixing the 71 identified deficiencies at Henley-Young. The rating system includes the following potential scores: Substantial Compliance (“SC”), Partial Compliance (“PC”), Beginning Compliance (“BC”), and Non-Compliance (“NC”). As of
1In its response, Hinds County suggested that this Court lacked authority to do anything other than reinstate the dismissed civil action, but it abandoned that position during the hearing. In any event, both the Agreement and § 3626(b)(3) give the Court authority to extend the terms of the Agreement.
2

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the sixth report in February 2013—some 23 months into the Agreement—Hinds County reached SC status in only three of 71 categories and was no better than BC status as to 54 of the 71. A follow-up visit one month later, in March 2014, showed no improvement in any area and instead revealed backsliding in one. And as for the three categories that have reached SC, they did not appear difficult to accomplish yet were not reached until December 2013. They include provisions 7.5 (“No Restraint Chairs, Chemical Restraints and/or Tasers”); 7.6 (“No Hogtying in Facility”); and 7.10 (“No Firearms in Facility”).
The Agreement acknowledges that the 71 requirements are “necessary to correct an ongoing violation of a federal right” and further agrees that these provisions “extend no further than necessary to correct the violation of federal right, and that the prospective relief is narrowly drawn and is the least intrusive means to correct the violation.” Agreement [33] at 2. If the provisions are the least intrusive means to correct the violations, then the failure to achieve 68 of the 71 demonstrates that “prospective relief remains necessary after two years to correct a current and ongoing violation of federal right.” See 18 U.S.C. § 3626(b)(3). The Court therefore extends the current Agreement for another two years. But because the extension must be narrow, the Court will drop the three provisions for which Hinds County reached SC status if it maintains that rating through June 30, 2014.
The decision to extend the Agreement by two years is based on Mr. Dixon’s testimony that many of the requirements will take substantial time to achieve. Based on the testimony, the Court concludes that Hinds County will not be in substantial compliance within the next 12 months. But to ensure that the County makes appropriate progress in the interim, the Court will conduct quarterly telephonic conferences with Mr. Dixon and counsel for all parties to be
3

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scheduled by Plaintiffs. In addition, the Court will henceforth visit Henley-Young with Mr. Dixon—with or without notice to the facility.
B. Contempt DRM moves the Court to hold Hinds County in contempt and award attorneys’ fees. This raises the threshold issue whether the Agreement is actually a consent decree that can be enforced with an order of contempt or a private settlement agreement that cannot. The Court finds that the Agreement is a consent decree. The March 28, 2012 Agreement docketed in the record is clearly titled “Settlement Agreement.” But this label does not necessarily determine whether it is a private settlement agreement or a consent decree. Cf. Treasure Salvors, Inc. v. Unidentified Wrecked & Abandoned Sailing Vessel, 640 F.2d 560, 564 (5th Cir. 1981) (noting that substance not labels apply in admiralty context); United States v. Martin Linen Supply Co., 534 F.2d 585, 587 n.3 (5th Cir. 1976) (same in double jeopardy context for criminal dismissals). Section 3626(g) defines the two terms. “‘Consent decree’ means any relief entered by the court that is based in whole or in part upon the consent or acquiescence of the parties but does not include private settlements.” 18 U.S.C. § 3626(g)(1) (emphasis added). “‘[P]rivate settlement agreement’ means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil proceeding that the agreement settled.” 18 U.S.C. § 3626(g)(6) (emphasis added). These definitions led the Eleventh Circuit to hold that “judicial enforcement is thus the critical distinction between private settlement agreements and consent decrees.” Rowe v. Jones, 483 F.3d 791, 795–96 (11th Cir. 2007) (citing 18 U.S.C. § 3626(g)). And though addressed in a
4

Case 3:11-cv-00327-DPJ-FKB Document 50 Filed 04/25/14 Page 5 of 7
different context, this district noted in Davis v. City of Jackson Fire Department that “private settlements do not entail the judicial approval and oversight involved in consent decrees.” 399 F. Supp. 2d 753, 755 (S.D. Miss. 2005) (quoting Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598, 604 n.7 (2001)). The Court further noted that “a consent decree, unlike a settlement agreement, is a judgment that can be enforced through contempt proceedings. Because it is entered as an order of the court, the terms of a consent decree must also be examined by the court.” Id. (citation and punctuation omitted).
The Agreement in this case fully satisfies the definition of a consent decree. First, the parties sought and obtained judicial approval of their agreement. See Agreed Order Granting Approval [32]. Second, the Court entered the Agreement as an order, signing it under the words “SO ORDERED.” Agreement [33]; see also 18 U.S.C. § 3626(g)(1) (stating that consent decrees are “entered by the court”). Third, the Agreement stated the parties’ intent “that the Court will retain ongoing jurisdiction over this Settlement Agreement for purposes of enforcement.” Agreement [33] at 2; see also 18 U.S.C. § 3626(g)(6) (stating that settlement agreements are “not subject to judicial enforcement”). Fourth, the Agreement quotes and complies with the limits noted in § 3626(a), which nullifies the County’s reliance on § 3626(c).
Finally, to the extent the mere use of the term “settlement agreement” would somehow deprive the Court of jurisdiction to enforce its order, the Agreement further states that “[i]n the event that the Court determines that it does not have jurisdiction of this Settlement Agreement for purposes of enforcement, the parties agree to modify the Settlement Agreement to the least extent necessary to ensure ongoing federal court jurisdiction.” Agreement [33] at 2. Changing the label would be such a modification. For all of these reasons, the Court concludes that the
5

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Agreement docketed at [33] in the record is a consent decree. The question then becomes whether to hold Hinds County in civil contempt. To obtain a
civil contempt order, the “the movant must establish by clear and convincing evidence that (1) a court order was in effect, (2) the order required specified conduct by the respondent, and (3) the respondent failed to comply with the court’s order.” United States v. City of Jackson, Miss., 359 F.3d 727, 731 (5th Cir. 2004). At the hearing, the parties focused on whether Hinds County’s conduct was willful or in bad faith, but in the Fifth Circuit, “[t]he contemptuous actions need not be willful so long as the contemnor actually failed to comply with the court’s order.” Am. Airlines, Inc. v. Allied Pilots Ass’n, 228 F.3d 574, 581 (5th Cir. 2000) (citation omitted). And where a party has established the elements of civil contempt, “the grant or withholding of remedial relief is not wholly discretionary with the judge.” McComb v. Jacksonville Paper Co., 336 U.S. 187, 191 (1949); see also La. Educ. Ass’n v. Richland Paris Sch. Bd., 421 F. Supp. 973, 975 (W.D. La. 1976) (“[A] court’s discretion is not unfettered. A court cannot refuse to preserve rights under its own order absent extraordinary circumstances.” (citing McComb, 336 U.S. at 191)).
There is no dispute that Plaintiffs have established the three elements of civil contempt and that Hinds County is therefore technically in contempt. But the Court is reluctant to impose attorneys’ fees or other sanctions based on the record before it.2 Mr. Dixon testified that it was never feasible for Hinds County to attain substantial compliance in the 71 areas identified in the Agreement in two years. He further stated that no one at Henley-Young ever refused to comply
2As relief for the contempt, Plaintiffs seek an extension of the Agreement, which they are entitled to without regard to the contempt finding. They also ask for their attorneys’ fees associated with the contempt motion, but attach no evidence detailing the fees sought.
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with the Court’s order; instead, he stated that the order—comprised entirely of obligations that the parties mutually conceived—was overwhelming to the administration at the facility and that incompetence, rather than willfulness or bad faith, was to blame. The Court fully credits this testimony.
Though the County has not made the progress it should, the goals appear to have been unattainable within the initial two years. As Mr. Dixon indicated, we are faced with a large task and possible incompetence. That said—and this needs to be clearly understood—the progress thus far is unacceptable. Excuses aside, many of the 71 requirements should have been accomplished long before now. If in the coming months the County fails make adequate progress, then Plaintiffs may file a properly supported motion seeking their attorneys’ fees associated with efforts to enforce the Agreement. III. Conclusion
The Court has considered all the parties’ arguments. Those not specifically addressed would not have changed the outcome. For the foregoing reasons, Plaintiffs’ Motion for Contempt [41] is granted, but the Court declines to sanction Hinds County for its contempt at this time. Additionally, the Settlement Agreement [33] is hereby extended for a period of two years—through March 28, 2016—as set forth herein.
SO ORDERED AND ADJUDGED this the 25th day of April, 2014. s/ Daniel P. Jordan III UNITED STATES DISTRICT JUDGE
7

 
 Case 3:11-cv-00327-DPJ-FKB Document 64 Filed 03/25/16 Page 1 of 26

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

J.H. AND DISABILITY RIGHTS MISSISSIPPI

PLAINTIFFS

V.

CAUSE NO. 3:11-CV-327-DPJ-FKB

HINDS COUNTY, MISSISSIPPI

DEFENDANT

AMENDED CONSENT DECREE

On June 1, 2011, Plaintiffs filed suit challenging the conditions of confinement at Henley-Young Juvenile Justice Center (“Henley-Young”). Defendant responded to the Complaint and denied all the allegations. Plaintiffs and Defendant, without any admission on behalf of either, agreed that it was in the best interests of all parties to resolve this matter amicably without further litigation and cost to the taxpayers of Hinds County, Mississippi. The parties therefore negotiated a “Settlement Agreement” (later determined by the district court to be a consent decree), which was entered in March 2012 and extended in April 2014. The parties desire to extend the consent decree again, up to and including March 28, 2018.
This Amended Consent Decree is not to be construed as an admission of any liability or violation of law by the Defendant. The parties agreed in 2012 to the consent decree’s provisions to resolve this litigation. Now, the parties wish to extend certain provisions and to eliminate others. The parties also wish to elaborate upon certain existing provisions so as to clarify their view of those requirements.
The term “Henley-Young Juvenile Justice Center” (or the like) hereinafter refers collectively to Hinds County and its Board of Supervisors. This Amended Consent

Case 3:11-cv-00327-DPJ-FKB Document 64 Filed 03/25/16 Page 2 of 26
Decree and its specific requirements shall apply fully to Henley-Young and to any contractors that may provide services to Henley-Young in the future. The term “youth” hereinafter refers to individuals confined at Henley-Young. The parties understand that the requirements herein will be implemented without undue delay as soon as practicable. Unless otherwise indicated herein, the parties will collaborate to make all reasonable efforts to ensure that within 90 days of the effective date of this agreement, policies and procedures consistent with this agreement are drafted, in the process of being implemented, and that all detention staff receives training on the requirements of this agreement. The parties agree and understand that implementation will be an ongoing process that extends beyond the initial 90 days of this agreement. The parties further agree to the following:
1. This agreement will terminate at the end of two years. If the Court makes written findings based on the record that prospective relief remains necessary after two years to correct a current and ongoing violation of federal rights, this agreement shall not terminate. See 18 U.S.C. § 3626(b)(3).
2. The parties stipulate that nothing in this Amended Consent Decree constitutes an admission of liability and furthermore, the Defendant denies that it has provided deficient services in any category that is referenced below in this Amended Consent Decree.
3. Notwithstanding any other provisions of this Amended Consent Decree, the parties stipulate that the remedies contained in this document are necessary to correct an ongoing violation of a federal right, extend no further than necessary to correct the violation of federal right, and that the prospective relief is narrowly drawn and is the least intrusive means to correct the violations.
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4. It is the intent of the parties that the Court will retain ongoing jurisdiction over this Amended Consent Decree for purposes of enforcement, pursuant to the terms of the Prison Litigation Reform Act. All provisions of this Amended Consent Decree shall be interpreted to be consistent with this intent. In the event that the Court determines that it does not have jurisdiction of this Amended Consent Decree for purposes of enforcement, the parties agree to modify the Amended Consent Decree to the least extent necessary to ensure ongoing federal court jurisdiction. I. INTAKE
1.1 Hinds County denies that the current intake procedure at Henley-Young is deficient in any manner. However, the parties agree that henceforth: All youth admitted to Henley-Young shall receive a health screening, within 1 hour of admission or as soon as possible as reasonably thereafter, by appropriately trained staff as required by Mississippi Code Annotated § 43-21-321. “Information obtained during the screening shall include, but shall not be limited to, the juvenile’s: (a) Mental health; (b) Suicide risk; (c) Alcohol and other drug use and abuse; (d) Physical health; (e) Aggressive behavior; (f) Family relations; (g) Peer relations; (h) Social skills; (i) Educational status; and (j) Vocational status.” Miss. Code Ann. § 43-21-321(1). During this screening, Henley-young shall obtain information regarding the youth’s educational status by having the youth or intake officer complete an education screening form developed and provided by the Jackson Public School District. Additionally, the parties agree that Provision 1.1 implicitly necessitates Henley-Young to require a valid MYCIDS order before a youth can be
3

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admitted. The parties agree that, in the absence of a valid MYCIDS order and full compliance with the Mississippi Code, a youth cannot be admitted to Henley-Young, and that such youth’s admission must be denied. The parties also agree that Provision 1.1 implicitly prohibits Henley-Young from admitting a status offender to Henley-Young without full compliance with each and every provision of the Youth Court Act, Miss. Code Ann. § 43-21-1, et seq. 1.2 Hinds County denies that Henley-Young failed to conduct mental health screenings of juveniles admitted to the facility in accordance with Mississippi Code Annotated § 43-21-321. The parties agree, however, that henceforth: All youth shall receive a MAYSI-2 mental health screening upon admission, as required by Mississippi Code Annotated § 43-21-321. The screening will be conducted in private by appropriately trained staff of Henley-Young. If the screening indicates that the youth is in need of emergency medical care or mental health intervention including, but not limited to, major depression, suicidal ideation, withdrawal from drugs or alcohol, or trauma, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation immediately or as soon as reasonably possible. 1.3 Prescription medications will be secured for all youth who have a valid, current prescription within 8 hours of admission, if possible, but in no case, longer than 24 hours after admission, including weekends and holidays. If during a youth’s detention, a medical professional either prescribes a new medication or renews a youth’s previous prescription medication, HenleyYoung will secure the prescription medication within 8 hours of receiving the
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prescription, if possible, but in no case, longer than 24 hours after receiving the new prescription, including weekends and holidays. Henley-Young shall procure and/or purchase all prescription medications prescribed to confined youth. 1.4 Eliminated by agreement of the parties in March 2016. 1.5 Eliminated by agreement of the parties in March 2016. 1.6 Hinds County denies that Henley-Young does not have in place a valid strip search policy. Within 60 days of the date of this agreement, Henley-Young shall develop and implement policies that limit strip searches to instances where Henley-Young staff has an articulable suspicion that a youth may possess weapons or contraband. Anytime a strip search is conducted, HenleyYoung staff must document, in writing, their suspicion, obtain permission from a supervisor, and conduct the search in a manner that minimizes the intrusion into the youth’s privacy.
II. STAFFING AND OVERCROWDING 2.1 Hinds County denies that there are staffing issues and overcrowding at
Henley-Young. However, the parties agree that Henley-Young shall ensure that there are sufficient numbers of adequately trained direct care and supervisory staff to supervise youth safely, protect youth from harm, allow youth reasonable access to medical and mental health services, and allow youth adequate time to participate in out-of-cell activities. Within 90 days of the date of this agreement, Henley-Young shall operate with a direct care staff to youth ratio of 1:8 from the hours of 6:00 a.m. until 10:00 p.m. and a ratio of 1:10 from the hours of 10:00 p.m. to 6:00 a.m. Additionally, the parties
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acknowledge the November 3, 2014 Hinds County Board of Supervisors’ Resolution Regarding the Henley-Young Detention Center providing that Henley-Young shall not house any youth for more than 21 days. The parties also agree that Henley-Young is a short-term facility not designed to hold residents for longer than 21 days. In light of the facility’s nature and the Board of Supervisors’ Resolution, the parties agree that Provision 2.1 necessarily requires Henley-Young to discharge any resident on or before his/her 21st day at Henley-Young. The parties further agree that Provision 2.1 requires Henley-Young to refuse admission to any youth sentenced to a period of greater than 21 days. The parties further agree that Provision 2.1 requires that any time spent off-site in a state of detention (including but not limited to at a psychiatric residential treatment facility) must be counted toward a youth’s detention stay. The parties further agree that Provision 2.1 necessarily requires Henley-Young to adhere to the monitor’s recommended 32-resident capacity limit on average daily population, and that Henley-Young cannot exceed an average daily population of 32 residents, and that any admission that would require an ADP in excess of 32 residents must be denied. 2.2 Eliminated by agreement of the parties in March 2016. 2.3 Eliminated by agreement of the parties in March 2016.
III. CELL CONFINEMENT 3.1 Hinds County denies that youth are confined in their cells without engaging in
structured, rehabilitative, and educational programming. The parties agree, however, that henceforth: Youth shall be engaged in structured, rehabilitative,
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and educational programming outside of their cells during the hours of 7:00 a.m. to 9:00 p.m. each day, including weekends and holidays. 3.2 Except when youth are in protective custody or confined subject to section 3.3 of this Amended Consent Decree, youth placed in the Suicide or Booking cells shall be allowed to spend the hours of 7:00 a.m. to 9:00 p.m. on the appropriate living unit and to have the opportunity to engage in structured, rehabilitative, and educational programming, unless medically counterindicated. 3.3 Youth who pose an immediate, serious threat of bodily injury to others may be confined in their cells for no longer than 12 hours at a time without administrative approval. Youth who are placed on cell confinement for this reason shall be released from their cells daily to attend school, maintain appropriate personal hygiene and to engage in one hour of large muscle exercise. Staff must perform visual checks on youth who are subject to cell confinement every 15 minutes. Staff must document all instances of cell confinement in writing and must document the justification for determining that a youth poses an immediate, serious threat of bodily harm. 3.4 Youth shall not be automatically subjected to cell confinement and/or isolation upon their admission to Henley-Young unless he or she would be subject to cell confinement under section 3.3. 3.5 At all times between the hours of 7:00 a.m. to 10:00 p.m., at least one direct care staff shall be stationed on any living unit where two or more youth are placed, and direct care staff shall be actively engaged with youth. From 10:00 p.m. to 7:00 a.m., staff shall conduct visual checks on youth every 15 minutes.
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Henley-Young shall ensure that every cell has an operating intercom that allows youth to communicate with staff at all times.
IV. STRUCTURED PROGRAMMING 4.1 Hinds County denies that Henley-Young has failed to administer daily,
structured, programming for youth detained at the facility. The parties agree, however, that henceforth: Henley-Young shall administer a daily program, including weekends and holidays, to provide structured educational, rehabilitative, and/or recreational programs for youth during all hours that youth shall be permitted out of their cells, pursuant to section 3.1. Programming shall include: a. Activities which are varied and appropriate to the ages of the youth; b. Structured and supervised activities which are intended to alleviate
idleness and develop concepts of cooperation and sportsmanship; c. Supervised small group leisure activities, such as a wide variety of card
and table games, arts and crafts, or book club discussions; and, d. The parties agree that this provision requires Hinds County, by and
through its County Administrator and/or Executive Director at HenleyYoung, to maintain exclusive control and maintenance of any facilities or technology that promotes compliance with this provision or other provisions of this consent decree.
V. INDIVIDUALIZED TREATMENT PLANS/ TREATMENT PROGRAM FOR POST-DISPOSITION YOUTH 5.1 Hinds County denies that Henley-Young has failed to provide or has provided deficient individualized treatment plans or treatment programs for post-
8

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disposition youth. The parties agree, however, that Henley-Young shall ensure that youth have access to adequate rehabilitative services. Henley-Young shall ensure that children placed in the facility post-disposition will receive constitutionally compliant rehabilitative services. 5.2 Henley-Young shall ensure that youth in need of mental health and/or substance abuse treatment and/or who are in the facility post disposition shall have appropriate treatment plans developed and implemented in accordance with generally accepted professional standards of practice for mental health and rehabilitative services. 5.3 Henley-Young shall implement policies and procedures for the required content of treatment plans, which shall include: a. That the treatment plan be individualized; b. An identification of the mental and/or behavioral health and/or
rehabilitative issues to be addressed; c. A description of any mental health, medication or medical course of action
to be pursued, including the initiation of psychotropic medication; d. A description of planned activities to monitor the efficacy of any
medication of the possibility of side effects; e. A description of any behavioral management plan or strategies to be
undertaken; f. A description of any counseling or psychotherapy to be provided; g. A determination of whether the type or level of treatment needed can be
provided in the youth’s current placement, and
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h. A plan for monitoring the course of treatment, and if necessary, for revising the treatment plan.
i. A description of the precise terms of the facility’s long-term and shortterm objectives for the youth, the full range of services to be provided, and procedure, and timetables and staff assignments for the implementation of such treatment plan;
j. A plan for regularly engaging the family in the youth’s treatment plan; k. A comprehensive re-entry plan that will assist the youth re-enroll in their
home school and access medical, mental health, vocational and rehabilitative services based in the community. 5.4 Henley-Young shall institute a program of periodic staff reviews every three weeks and evaluations of each youth’s progress under his/her individualized treatment plan and of the appropriateness of the plan itself and HenleyYoung’s plan for such review. 5.5 Henley-Young shall develop and implement a program that provides for evening and weekend programs and activities that allow youth to engage in meaningful activities. 5.6 Henley-Young shall develop and implement an adequate quality assurance program. VI. DISCIPLINARY PRACTICES AND PROCEDURES 6.1 Hinds County denies that the current disciplinary practices and procedures at Henley-Young are deficient in any manner. The parties, however, agree that henceforth: Henley-Young shall implement a discipline policy and practice that incorporates positive behavior interventions and supports. This policy
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shall include guidelines for imposing graduated sanctions for rule violations and positive incentives for good behavior. 6.2 Youth who violate major rules may be subject to cell confinement for up to 24 hours for a single rule violation. An occasion in which a youth is alleged to have contemporaneously violated multiple major rule violations shall count as a single rule violation for the purposes of this section. No youth shall be confined to a cell for longer than 8 hours for a single rule violation without receiving written notification of the alleged rule violation and the occurrence of a disciplinary review/due process hearing before an impartial staff member, which includes participation by the accused youth. Under no circumstances shall youth be subjected to involuntary cell confinement for longer than 24 hours for disciplinary purposes. Youth who are placed on cell confinement shall be released daily from their cells to attend school, maintain appropriate personal hygiene, and to engage in one hour of large muscle exercise.
VII. USE OF RESTRAINTS 7.1 Hinds County denies that Henley-Young currently improperly uses restraints.
The parties agree, however, that henceforth: Mechanical restraints shall not be used to punish youth or for the convenience of staff. Mechanical restraints shall only be used to prevent self-harm and/or harm to others, subject to section 7.4, and for transportation to and from court, subject to section 7.2. 7.2 Nothing in this section shall prohibit mechanical restraints from being placed on youth who are being transported to and from court or out of the facility, if staff have reason to believe that a youth presents a flight risk or is an
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imminent danger to the youth or others, or will engage in violent behavior. However, mechanical restraints should be removed immediately after the youth is placed in a cell and at no time shall a youth be placed in a cell wearing mechanical restraints. 7.3 Restraints shall not be used to secure youth to a fixed object such as a restraint chair, bed, post, or chair. 7.4 No youth shall be restrained for longer than 15 minutes, unless restraints are approved by a mental health professional or if determined to be necessary under section 7.2 or as reasonably necessary to prevent the youth from engaging in acts of self-harm or harm to others. If a youth must be restrained for longer than 15 minutes in order to prevent self-harm, that youth shall, as quickly as possible, be evaluated by a mental health professional or transported to a mental health facility. 7.5 Eliminated by agreement of the parties in March 2016. 7.6 Eliminated by agreement of the parties in March 2016. 7.7 When a youth is placed in mechanical restraints, staff must provide one-onone supervision for the duration of the restraint, except when mechanical restraints are deemed to be necessary for the reasons specified in section 7.2. 7.8 Henley-Young shall notify a medical professional whenever a youth is placed in mechanical restraints for reasons other than those specified in section 7.2. A medical professional shall examine a youth as soon as possible after restraints are removed, except when a youth was restrained for the reasons specified in section 7.2. 7.9 Eliminated by agreement of the parties in March 2016.
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7.10 Eliminated by agreement of the parties in March 2016. VIII. USE OF FORCE
8.1 Hinds County denies that Henley-Young currently uses force improperly. The parties, however, agree that henceforth: Physical force shall not be used to punish youth. Staff shall only use physical force to stop youth from causing serious physical injury to self or others or to prevent an escape. If physical force is necessary, staff must use the minimum amount required to safely contain the youth. Whenever possible, staff shall avoid the use of force by first attempting verbal de-escalation techniques. Staff shall be required to fully document in writing every instance of use of force.
8.2 Henley-Young shall notify a medical professional, including but not limited to the licensed practical nurse on duty whenever physical force is used against a resident. A medical professional shall examine a youth immediately after the use of physical force. IX. MEALS AND NUTRITION
9.1 Hinds County denies that Henley-Young has failed to provide proper meals and snacks to youth. The parties agree, however, that henceforth: Youth shall be provided three meals and a snack daily. If a youth misses a meal because he or she is attending court, or some other appointment, he or she shall receive the missed meal upon his or her return to detention.
9.2 All meals and snacks served to youth at Henley-Young shall, at a minimum, comply with the nutrition guidelines set forth in the United States Department of Agriculture’s School Meals Program standards.
9.3 Youth shall be provided access to drinking water throughout the day.
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X. CLOTHING 10.1 Hinds County denies that Henley-Young has failed to provide basic clothing
items for youth. The parties agree, however, that Henley-Young shall provide basic clothing items for youth at all times. These items must include, at a minimum, sock, underwear, uniform, shoes, and undershirts. For girls, these items must also include a bra. When appropriate, Henley-Young shall also provide youth with a coat, hat, and gloves. Youth must be provided with a clean uniform, socks, undershirt, underwear, and bra, if applicable, upon intake and at least once per day. No youth shall be deprived of these basic clothing items for any reason, including, but not limited to, as punishment, because these items are being washed, or due to overcrowding.
XI. HYGIENE AND SANITATION 11.1 Hinds County denies that Henley-Young has failed to provide youth with
appropriate hygiene products. The parties agree that, however, henceforth: Youth shall be provided with the means to maintain appropriate hygiene, including soap and shampoo for showers, which will occur at least once daily, soap for washing hands after each time the youth uses the toilet, and toothpaste and a toothbrush for tooth brushing, which will occur at least twice daily, a comb and brush, that if shared, shall be sterilized between uses by youth. Girls must be provided with panty liners on a daily basis and other feminine products as needed. Youth will be issued a comb and brush upon entering the facility; however, if youth are issued a recycled comb or brush or
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a comb or brush that has been used by another youth, Henley-Young shall ensure that the comb and brush is sterilized and in good condition. 11.2 Youth shall be provided with sleeping mats and blankets that are clean and odorless, sleeping mats shall be sanitized between uses by youth, and youth shall receive clean blankets weekly. 11.3 Eliminated by agreement of the parties in March 2016. 11.4 Eliminated by agreement of the parties in March 2016. 11.5 Youth shall be provided with a clean, sanitary environment. 11.6 Hinds County shall ensure that Henley-Young complies with relevant law regarding fire safety, weather emergencies, sanitation practices, food safety, and the elimination and management of environmental toxins. 11.7 Youth shall be provided with clean drinking glasses and eating utensils.
XII. MEDICAL CARE 12.1 Hinds County denies that Henley-Young has failed to provide youth with
adequate medical care. The parties agree, however, that henceforth, HenleyYoung shall provide youth with adequate medical care, including: prompt screenings, a full physical exam within 72 hours after their detention hearing or disposition order, as applicable; access to medical professionals and/or prescription medications when needed; and prompt transportation to a local hospital in the case of a medical emergency. Hinds County is responsible for procuring and/or paying for all medications provided to residents. 12.2 Henley-Young shall ensure that a medical professional is available to examine youth confined at the facility to identify and treat medical needs, when necessary.
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12.3 Henley-Young shall implement its sick call policy and practice which ensures that confined youth who request non-emergency medical attention are examined by a medical professional within 24 hours of a youth placing himself on sick call, excepting weekends and holidays.
12.4 Prescription medications shall only be distributed by licensed medical staff or Henley-Young staff who has been trained by licensed medical personnel.
12.5 Medical and mental health services shall be provided in a manner that ensures the confidentiality of youth’s health information.
12.6 Henley-Young shall develop a procedure for monitoring youth who require individualized attention because of medical issues that does not involve requiring the youth to sleep on a mat in the visitation room. XIII. MENTAL HEALTH CARE
13.1 Hinds County denies that Henley-Young has failed to provide adequate mental health care to youth. The parties agree, however, that henceforth: Henley-Young’s contractor, Hinds Behavioral Health Services, shall provide adequate mental health services to all confined youth with a mental health diagnosis or serious mental health need, as indicated by the MAYSI-2. This shall include, but is not limited to, the provision of individual and group counseling sessions upon the request of a youth or the youth’s parent/guardian, access to a mental health professional at the detention center, and the distribution and medical monitoring of psychotropic medications by a medical professional. Currently, the County budgets for counselor positions within the Youth Court budget. The parties agree that the County shall reallocate such funding to the Henley-Young Facility to provide
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appropriate and accessible mental-health counselors and case-management counselors to the residents for the development of individualized treatment plans. 13.2 Youth who are confined for longer than thirty (30) continuous days and who are prescribed psychotropic medications, shall be evaluated by a psychiatrist every thirty (30) days. Such evaluations may be performed by and through employees of Hinds Behavioral Health. 13.3 Within 72 hours of a youth’s admission to the facility, staff shall develop individual mental health treatment plans for youth who are under the care of a mental health provider. Treatment plans shall emphasize continuity of care and shall ensure that whenever possible, youth are transported to appointments with their regular mental health provider, whether the appointments are standing or made after the youth’s initial detention. 13.4 Henley-Young shall develop and implement policies and procedures for referring youth in need of psychiatric services to a licensed psychiatrist for a timely mental health evaluation. Such services may be provided by and through employees of Hinds Behavioral Health. 13.5 Hinds County shall employ or contract for sufficient psychiatric services to permit a psychiatrist to fulfill the following functions: a. Conduct needed psychiatric evaluations prior to placing youth on psychotropic medications; b. Monitor, as appropriate, the efficacy and side effects of psychotropic medications;
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c. Participate in treatment team meetings for youth under the psychiatrist’s care; d. Provide individual counseling and psychotherapy when needed; e. Evaluate and treat in a timely manner all youth referred as possibly being in need of psychiatric services; and f. Provide adequate documentation of treatment. g. All evaluations and services outlined above may be performed and/or provided by and through employees of Hinds Behavioral Health or any other duly qualified Mental Health agency. 13.6 The psychiatrist and/or counselors shall review, if necessary, incident reports, disciplinary reports, suicide watch logs, and lockdown logs of youth under their care to determine whether their treatment is working and, if not, how it should be modified.
XIV. SUICIDE PREVENTION 14.1 Hinds County denies that Henley-Young failed to provide adequate suicide
prevention policies. The parties agree, however, that henceforth: HenleyYoung shall develop a multi-tiered suicide prevention policy that has at least three stages of suicide watch. Suicide watch shall not be used as punishment. The “suicide cell” shall be reserved for youth for whom the “suicide cell” is deemed necessary in conjunction with this suicide prevention policy. 14.2 Any youth placed on the highest level of suicide watch shall be evaluated by a mental health professional, ideally within 12 hours, but in no case longer than 24 hours of his or her placement on suicide watch. If a youth on the highest level of suicide watch is not evaluated by a mental health professional within
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24 hours, the youth shall immediately be transported to a local mental health

facility or emergency room for evaluation and/or treatment.

14.3 Youth on suicide watch shall participate in recreation, school, and any other

structured programming. Youth shall not be required to wear a “suicide

gown” unless locked in a cell. Staff shall closely monitor youth on suicide

watch, which includes logging activities every 15 minutes.

14.4 When a youth is placed on any level of suicide watch, a report shall be made

within 24 hours to the youth court, as well as to the youth’s guardian, and his

or her defense attorney.

XV.

FAMILY SUPPORT AND INTERACTION

15.1 Eliminated by agreement of the parties in March 2016.

15.2 Eliminated by agreement of the parties in March 2016.

15.3 Eliminated by agreement of the parties in March 2016.

15.4 Youth may receive phone calls from their attorneys. At the discretion of the

Director or assignee, in emergency situations, youth may receive phone calls

from parents, primary caretakers, or legal guardians. Emergency phone calls

and phone calls from attorneys should not be restricted as a form of

punishment.

XVI. MISCELLANEOUS PROVISIONS

16.1 Hinds County denies that male and female youth are not provided equal

access to educational and rehabilitative services, medical care, and indoor and

outdoor recreation. The parties agree, however, that henceforth: Male and

female youth shall be provided with equal access to educational and

rehabilitative services, medical care, and indoor and outdoor recreation.

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16.2 Hinds County denies that Henley-Young has failed to allow youth to engage in at least one hour of large muscle exercise per day. The parties agree, however, that henceforth: All youth shall have the opportunity to engage in at least one hour of large muscle exercise per day.
16.3 Henley-Young shall implement a policy which prohibits staff from insulting youth or calling them names, and using profanity in the presence of youth.
16.4 Hinds County denies that Henley-Young does not current have an adequate grievance policy. The parties agree, however, that henceforth: Henley-Young shall implement an adequate grievance policy that is accessible to all youth regardless of literacy levels, and that provides youth with the opportunity to appeal facility level determinations. Youth shall obtain the grievance forms from the school liaison.
16.5 Hinds County denies that Henley-Young does not currently have an adequate policy whereby youth can request to see their attorney and/or Youth Court counselor. The parties agree, however, that henceforth: Henley-Young shall develop and implement an adequate policy that allows youth of all ages and literacy levels with the opportunity to request to see their attorney and/or Youth Court counsel. Youth shall obtain the form requesting a visit from his/her counselor from the school liaison. Henley-Young agrees to collaborate with the Plaintiffs to design and implement a comprehensive juvenile justice pre-service and in-service training program for detention center staff. Training shall include, but is not limited to, the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain
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development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.
XVII. INDEPENDENT MONITOR 17.1 The Defendant shall contract with Leonard Dixon, within 30 days of the
court’s entry of this Amended Consent Decree, to serve as an expert who will be responsible for documenting the Defendant’s compliance with the terms of this agreement and for providing and/or arranging technical assistance and training regarding compliance with this Amended Consent Decree. The expert shall have full and complete access to the facility, including but not limited to, access to detained youth, institutional files, medical files, mental health files, educational files, video tapes, and youth records, staff records, and all other information and other reports by staff, grievances, incident reports, and other relevant documents and files maintained by Henley-Young. The Defendant shall direct all staff to cooperate with the expert. 17.2 Upon the recommendation of the independent expert and with the mutual consent of the parties, the terms of this Amended Consent Decree may be modified. Consent will not be unreasonably withheld. 17.3 All non-public information obtained by the expert shall be kept confidential, except that on a quarterly basis the expert shall file a report with the Court documenting the progress of compliance. 17.4 Neither party, nor any employee or agent of either party, shall have any supervisory authority over the expert’s activities, reports, findings, or recommendations.
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17.5 The expert shall be permitted to initiate and receive ex parte communications with all parties.
17.6 The expert shall file with the Court and provide the parties with reports describing the Defendant’s steps to implement this Amended Consent Decree and evaluate the extent to which the Defendant has complied with each substantive provision of this agreement. Such reports shall be issued quarterly, unless the parties agree otherwise. The reports shall be provided to the parties in draft form for comment at least two (2) weeks prior to their submission to the Court. These reports shall be written with due regard for the privacy interests of individual youth and staff and the interest of the Defendant in protecting against disclosure of non-public information.
17.7 The expert shall have a budget sufficient to allow him to fulfill the responsibilities described in this Amended Consent Decree. Mr. Dixon may consult with other experts or consultants retained by either party. All parties shall receive copies of all draft reports from the other experts to Mr. Dixon prior to the issuance of Mr. Dixon’s report, and shall have the option of being present at briefings from such experts to Mr. Dixon and Defendant. Mr. Dixon may initiate and receive ex parte communication with the parties and their respective experts and consultants. XVIII. PLAINTIFFS’ COUNSEL CONTINUED ACCESS
18.1 Plaintiffs’ counsel shall have full and complete access to the youth at HenleyYoung. They shall also have full and complete access to the facility, youth, and relevant records, including but not limited to institutional files, medical files, mental health files, educational files, video tapes, and youth records, staff
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records, and all other information and other reports by staff, grievances, incident reports, and other relevant documents and files maintained by Henley-Young relevant to assessing the Defendant’s compliance with this Amended Consent Decree. The Henley-Young facility includes an audio/video monitoring system, but the Henley-Young Executive Staff do not have access to the equipment. The parties agree that exclusive access to this equipment should inure to the Executive Director in an effort to facilitate timely and complete review of any alleged incident, corrective action (if necessary) and improved disciplinary practices and procedures. 18.2 Plaintiffs’ counsel shall have the right to conduct monitoring and educational visits at Henley-Young so long as they provide 48-hour notice. Plaintiffs’ counsel retains the right to investigate any complaints of abuse or neglect at the facility pursuant to its authority under the Protection and Advocacy for Individuals with mental Illness Act of 1986 (“PAIMI Act”), 42 U.S.C. §§ 10801 et seq., the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (“PADD Act”), 42 U.S.C. §§ 15001 et seq., and the Protection and Advocacy of Individuals Rights Program (“PAIR Act”), 29 U.S.C. §§ 794 et seq. 18.3 Plaintiffs’ counsel shall have the right to conduct confidential interviews with youth currently confined at Henley-Young. Nothing in this Amended Consent Decree shall prohibit DRMS or its agents from accessing youth in accordance with Judge Jordan’s Preliminary Injunction Order issued on September 12, 2011 [Docket No. 24]. Plaintiffs agree to indemnify the County for any liability it incurs as a result of Plaintiffs’ actions or inactions related to the monitoring of this Amended Consent Decree. Plaintiffs further agree to comply with all
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state and federal confidentiality requirements regarding youth court, educational and/or medical records. 18.4 All interviews of Henley-Young staff shall be coordinated by and with Attorneys representing Henley-Young. All non-public information obtained by Plaintiffs’ counsel shall be maintained in a confidential manner. XIX. COMPLIANCE, ENFORCEMENT, AND DISMISSAL 19.1 The parties agree that the implementation and interpretation of this Amended Consent Decree shall be guided by the fact that the primary purposes of Mississippi’s juvenile system are “rehabilitation and individual treatment rather than retribution.” Buck v. State, 838 So. 2d 256, 260 (Miss. 2003) (internal quotations and citation omitted). The same principle that guides the interpretation of Mississippi’s Youth Court Act shall guide the implementation of this Amended Consent Decree. Both the Act and the Amended Consent Decree shall:
be liberally construed to the end that each child coming within the jurisdiction of the youth court shall become a responsible, accountable, and productive citizen, and that each such child shall receive such care, guidance, and control, preferably in such child’s own home as is conducive toward that end and is in the state’s and the child’s best interest. It is the public policy of this state that the parents of each child shall be primarily responsible for the care, support, education, and welfare of such children; however, when it is necessary that a child be removed from the control of such child’s parents, the youth court shall secure proper care for such child. Miss. Code Ann. § 43-21-103. “Inherent in this policy is the protection and care of children in trouble and the rehabilitation of those gone astray.” Helmert v. Biffany, 842 So. 2d 1287, 1291 (Miss. 2003).
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19.2 This Amended Consent Decree shall be binding on all successors, assignees, contractors, employees, agents, and all those working for or on behalf of Hinds County, Mississippi.
19.3 Hinds County agrees that it shall not retaliate against any person because that person has filed or may file a complaint, provided information or assistance, or participated in any other manner in an investigation or proceeding related to this Amended Consent Decree.
19.4 Plaintiffs’ counsel shall have the right to conduct interviews with staff. 19.5 After the effective date of this Amended Consent Decree, the Court shall
retain jurisdiction to ensure that the parties fulfill their respective obligations under this Amended Consent Decree. In the event that any matter related to this Amended Consent Decree is brought to the Court, the Court may require briefing, and any remedy within the Court’s jurisdiction shall be available. 19.6 For purposes of settlement only, the Parties stipulate to class certification. The settlement class is defined as “all youth who are currently or will in the future be confined at Henley-Young.” 19.7 Plaintiffs agree to notify the County Board Attorney, the County Administrator, and the Board of Supervisors and give them an opportunity to resolve a problem at Henley-Young prior to initiating media contact.
XX. FEES 20.1 The parties agree that the payment and amount of attorney’s fees paid by the
Defendants shall remain confidential with respect to all parties and may only be disclosed pursuant to a valid court order or public records request.
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SO ORDERED AND ADJUDGED this the 25th day of March, 2016. s/ Daniel P. Jordan III UNITED STATES DISTRICT JUDGE

/s/ Will Bardwell William B. Bardwell (Miss. Bar No. 102910) Jody E. Owens, II (Miss. Bar No. 102333) Counsel for the Plaintiffs
Southern Poverty Law Center 111 E. Capitol Street, Suite 280 Jackson, Mississippi 39201 Phone: (601) 948-8882
Facsimile: (601) 948-8885 E-mail: wbardwell@splcenter.org E-mail: jowens@splcenter.org

/s/ Pieter Teeuwissen Pieter Teeuwissen (Miss. Bar No. 8777) Anthony R. Simon (Miss. Bar No. 10009) Counsel for the Defendant
Simon & Teeuwissen PLLC 621 East Northside Drive Jackson, Mississippi 39206-4942 Telephone: (601) 420-1188
Facsimile: (601) 362-8444 E-mail: pteeuwissen@bellsouth.net E-mail: anthonysimonpllc@bellsouth.net

/s/ Joi Owens Joi L. Owens (Miss. Bar No. 104529) Counsel for Disability Rights Mississippi 210 E. Capitol Street, Suite 600 Jackson, Mississippi 39201 Phone: (601) 968-0600 Facsimile: (601) 968-0665 E-mail: jowens@drms.ms

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 Case 3:11-cv-00327-DPJ-FKB Document 65 Filed 04/15/16 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

J.H. AND DISABILITY RIGHTS MISSISSIPPI

PLAINTIFFS

V.

CAUSE NO. 3:11-CV-327-DPJ-FKB

HINDS COUNTY, MISSISSIPPI

DEFENDANT

HIND’S COUNTY YOUTH COURT’S MOTION TO INTERVENE

The Hinds County Youth Court respectfully moves to intervene in this action pursuant to

Federal Rules of Civil Procedure 24(a)(2) and 24(b). In support of this motion the Hinds County

Youth Court avers as follows:

1. The Hinds County Youth Court has a significant, protectable interest in the

subject matter of the action, as the Consent Decree entered into herein by the Hinds County

Board of Supervisors, which allows the Henley Young Juvenile Justice Center to release

juveniles without the Hinds County Youth Court’s authority, is in violation of Mississippi law.

The action sought by the Hinds County Board of Supervisors, whether by the Executive Director

of the Hinds County Youth Detention Facility, the County Administrator or Board Attorney, is

strictly prohibited by the laws of Mississippi. Said laws prohibit the Hinds County Board of

Supervisors from executing any Order authorizing the release of any child from Hinds County

Youth Detention Facility.

2. As authorized by Mississippi law, the Hinds County Youth Court has previously

issued an order stating that the Hinds County Board of Supervisors, its Executive Director of the

Hinds County Youth Detention Facility, the County Administrator and the Board Attorney are

expressly prohibited form executing an Order authorizing the release of any child from the Hinds

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County Youth Detention Facility who has been adjudicated as a “delinquent child” as that term is defined by statute.
3. The Hinds County Board of Supervisors entered into a Consent Decree, which states that the Henley-Young Detention Center is a short-term facility not designed to hold residents for longer than twenty-one (21) days. Movant would show that there is no classification for a twenty-one (21) day facility, but rather temporary holding facilities in which juveniles may be held for up to seventy-two hours or fully equipped detention centers, which were designed and intended for long-term holding of juveniles. Henley-Young is not a temporary holding facility and there is no indication that Henley Young Juvenile Justice Center has sought from the Office of Justice Programs, a division of the Mississippi Department of Public Safety Planning, a classification change from a Detention Center to a Temporary Holding Facility.
4. Disposition of the action without the Hinds County Youth Court’s participation will impede its enforcement of the Youth Court Law. The outcome of this case implicates stare decisis concerns that warrant the Hinds County Youth Court’s intervention.
5. This motion is timely and Intervention will not result in any prejudice to any other party.
6. The existing parties to the litigation do not adequately protect the Hinds County Youth Court’s interests. Furthermore, the Hinds County Youth Court has a distinct interest in adhering to and acting in the best interests of the juveniles whom it seeks to serve and rehabilitate, as well as protecting the rights of those individuals.
7. The Hinds County Youth Court also satisfies the requirements for permissive intervention as the Hinds County Youth Court is a State governmental agency entrusted with the interpretation of statutes directly at issue in this action.
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Respectfully Submitted, April 15, 2016
/s/ Kelly G. Williams Kelly G. Williams Hinds County Youth Court 940 East McDowell Road Jackson, Mississippi 39204 Telephone: 601-985-3000 kwilliams@co.hinds.ms.us MSB #102323 ATTORNEY FOR HINDS COUNTY YOUTH COURT CERTIFICATE OF SERVICE I hereby certify that the foregoing document has been filed with the Clerk of Court using the Court’s ECF system and thereby served on all counsel of record who have entered their appearance in this action to date. THIS the 15th day of April, 2016.
/s/ Kelly G. Williams Kelly G. Williams
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 Case 3:11-cv-00327-DPJ-FKB Document 74 Filed 05/25/16 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

J.H. AND DISABILITY RIGHTS MISSISSIPPI

PLAINTIFFS

V.

CAUSE NO. 3:11-CV-327-DPJ-FKB

HINDS COUNTY, MISSISSIPPI

DEFENDANT

AGREED ORDER RECOGNIZING TEMPORARY ARRANGEMENT

On May 23, 2016, the Court convened a telephone conference among counsel for the Plaintiffs, Hinds County, and would-be intervenor Youth Court Judge William Skinner (hereinafter collectively “the litigants”). At the time, this matter was set for a hearing on June 1, 2016. However, since the time that hearing was scheduled, additional motions have been filed. At the conclusion of the telephone conference, the litigants agreed to attempt to negotiate a temporary arrangement that would maintain the status quo while rescheduling the hearing for later in June 2016.
On May 24, 2016, the litigants notified the Court that they had reached a temporary arrangement. The litigants agree that:
1. The Hinds County Youth Court is empowered by Mississippi law to detain children for as long as 90 days in a juvenile detention center. However, HenleyYoung Juvenile Detention Center is a 21-day facility. Therefore, the litigants agree that, when the Youth Court desires to place children under sentences of longer than 21 days, it shall explicitly note in its disposition orders that a certain portion of that sentence not to exceed 21 days shall be served at Henley-Young, with the remainder of the sentence to be served at a transferee facility, with

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transfer to said transferee facility not to occur any later than 21 days after the child’s arrival at Henley-Young. The impending transfer shall be specifically recorded in the MYCIDS system, as called for by Mississippi law. 2. The litigants agree that it is incumbent upon the Youth Court to provide explicitly for such transfers in its disposition orders. If the Youth Court fails to provide in its disposition orders for a transfer according with this arrangement, or if the Youth Court fails to record the impending transfer in the MYCIDS system, then Henley-Young shall release the child after 21 days. 3. The litigants agree that, if the Youth Court elects to sentence children to more than 21 days, then the transferee facility shall be either the Rankin County Juvenile Detention Center in Pelahatchie or the Adams County Juvenile Detention Center in Natchez. 4. The litigants agree that Hinds County and Judge Skinner shall not proceed with the Skinner v. Graham suit filed in Hinds County Circuit Court until such time that this Court has ruled on the merits of the pending motion to enjoin the statecourt proceedings. The litigants agree that counsel for Hinds County will notify the Mississippi Supreme Court concerning the state-court matter and request that it be held in abeyance until this Court rules on the motion to enjoin the statecourt proceedings. 5. The litigants agree that Hinds County will hold in abeyance reallocation of funding as referenced in Paragraph 13.1 of the Amended Consent Decree. The litigants further agree that neither Hinds County nor Judge Skinner, nor either’s agents, employees, or assigns, shall make any statement concerning Hinds County’s holding in abeyance of said reallocation.
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6. The litigants agree to postpone the hearing originally scheduled for June 1, 2016, until Monday, June 27, 2016, at 9 a.m. The Court hereby ORDERS the parties to conform to this agreement until the
Court resolves the motions currently outstanding. The standard briefing schedule set out in the Court’s Local Rules will govern the
responses and replies to outstanding motions. SO ORDERED this 25th day of May 2016.

s/ Daniel P. Jordan III Hon. Daniel P. Jordan, III United States District Judge

AGREED TO BY:

/s/ Will Bardwell William B. Bardwell (Miss. Bar No. 102910) Jody E. Owens, II (Miss. Bar No. 102333) Counsel for the Plaintiffs Southern Poverty Law Center 111 E. Capitol Street, Suite 280 Jackson, Mississippi 39201 Phone: (601) 948-8882 Facsimile: (601) 948-8885 E-mail: wbardwell@splcenter.org E-mail: jowens@splcenter.org

/s/ Pieter Teeuwissen Pieter Teeuwissen (Miss. Bar No. 8777) Anthony R. Simon (Miss. Bar No. 10009) Counsel for the Defendant Simon & Teeuwissen PLLC 621 East Northside Drive Jackson, Mississippi 39206-4942 Telephone: (601) 420-1188 Facsimile: (601) 362-8444 E-mail: pteeuwissen@bellsouth.net E-mail: anthonysimonpllc@bellsouth.net

/s/ Joi Owens Joi L. Owens (Miss. Bar No. 104529) Counsel for the Plaintiffs 210 E. Capitol Street, Suite 600 Jackson, Mississippi 39201 Phone: (601) 968-0600 Facsimile: (601) 968-0665 E-mail: jowens@drms.ms

/s/ Kelly G. Williams Kelly G. Williams Counsel for Judge William Skinner Hinds County Youth Court 940 East McDowell Road Jackson, Mississippi 39204 Phone: (601) 985-3000 E-mail: kwilliams@co.hinds.ms.us

3

 
 Case 3:11-cv-00327-DPJ-FKB Document 102 Filed 06/21/16 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

J.H. and DISABILITY RIGHTS MISSISSIPPI

PLAINTIFFS

v.

CIVIL ACTION NO. 3:11cv327-DPJ-FKB

HINDS COUNTY, MISSISSIPPI

DEFENDANT

ORDER

This case is before the Court on the Motion to Quash Subpoena [96] filed by Johnnie

McDaniels, Executive Director of the Henley-Young Youth Detention Center. Having

considered the premises, the motion is granted.

On June 14, the proposed intervenor apparently served a subpoena duces tecum on

McDaniels seeking “original (unedited) incident reports for incidents involving a minor

child/children occurring at Henley-Young Detention Center within the last twenty-four (24)

months.” Mot. [96] at 1–2.1 McDaniels moved to quash, arguing that a non-party may not issue

subpoenas, the ten-day response deadline provided for in the subpoena is insufficient, and the

subpoena is unduly burdensome.

The proposed intervenor filed a brief response that does not substantively address the

movant’s concerns. In particular, the response never addresses the standing issue. But

assuming, without deciding, that a non-party may issue subpoenas and that the 10-day response

deadline is sufficient, the Court agrees that, under the circumstances, the subpoena is unduly

burdensome.

1McDaniels says that the objected-to subpoena is docketed at [94], but the subpoena docketed at [94] appears to compel McDaniels’s attendance at the June 27, 2016 evidentiary hearing in this matter.

Case 3:11-cv-00327-DPJ-FKB Document 102 Filed 06/21/16 Page 2 of 2
Among the factors to consider in assessing “[w]hether a burdensome subpoena is reasonable” are “the party’s need for the documents” and the “relevance of the information requested.” Wiwa v. Royal Dutch Petroleum Co., 392 F.3d 812, 818 (5th Cir. 2004) (footnote and internal quotation marks omitted).
McDaniels has submitted unrebutted evidence that, since he became the Executive Director of Henley-Young in April 2015, his office has provided the Youth Court with courtesy copies of all incident reports. McDaniels Aff. [96-1] ¶ 10. So the proposed intervenor already has incident reports from the past fourteen months. And to the extent any incident reports are relevant to the issues pending before the Court in the Motion to Intervene [65] and two motions [72, 73] for injunctive relief, the proposed intervenor has not explained in response why incident reports from before McDaniels’s tenure at Henley-Young are sufficiently relevant to justify the burden of production.
It is therefore ordered that the Motion to Quash Subpoena [96] is granted and the document-production subpoena at issue is hereby quashed.
SO ORDERED AND ADJUDGED this the 21st day of June, 2016. s/ Daniel P. Jordan III UNITED STATES DISTRICT JUDGE
2

 
 Case 3:11-cv-00327-DPJ-FKB Document 106 Filed 06/27/16 Page 1 of 4

rv1EMORA.NDUM OF UNDERSTANDfNG WHEREAS on June 24 and 27,2016, the Court conducted a settlement conference in Civil Action No. 3: 11cv327 related to the following pending motions: (1) the Motion to Intervene by the Hinds County Youth Court ("Youth Court'') [65], (2) the i\1otion to Enjoin State-Court Action by Disability Rights Mississippi and J.H. ("Plaintiffs") [72]; (3) the Youth Court's Motion for Temporary Restraining Order [73]: (4) PlaintitlS' Motion to Quash Subpoenas [98]; (5) Plaintiffs' Motion for Contempt [l03]: and (6) the Youth Court's Motion to Quash Subpoena [ 104].

WHEREAS the Youth Court is technically the putative intervenor, the Youth Court is under the direction of the Honorable \Villiam ''Bill" Skinner H. The Parties and counsel for the Youth Court have all construed the motion to intervene as also addressing Judge Skinner's interests. Accordingly, this Memorandum of Understanding ('"f•v10U'') will collectively refer to Judge Skinner and the Youth Court as the ''Intervenors."

WHEREAS the Parties and the Intervenors wish to resolve all pending motions along with other issues affecting the Henley-Young Juvenile Justice Center (''Henley-Young").

WHEREFORE the Parties and the Intervenors agree as follows:

1. Judge Skinner will dismiss the state-court actions he filed in 2009 and 2016 with

prejudice and \Vith attorneys' fees.

all

parties

paying

their

own

costs

and

expenses

of

litigation,

including

2. The Hinds County Board of Supervisors will dismiss its appeal before the Mississippi Supreme Court with prejudice and with all parties paying their own costs and expenses of litigation, including attorneys' fees.

3. The Hinds County Board of Supervisors will leave current fiscal year funding in place. 4. The Parties agree to modify the Amended Consent Decree [64], with Court approval. in
the following respects:

a. The following language from provision 13.1 will be deleted: "Currently, the County budgets for counselor positions within the Youth Court budget. The
parties agree that the County shall reallocate such funding to the Henley-Young Facility to provide appropriate and accessible mental-health counselors and casemanagement counselors to the residents for the development of individualized treatment plans."

b. The following language from provision 2.1 will be deleted: "In light of the
facility's nature and the Board of Supervisors' Resolution, the parties agree that Provision 2.1 necessarily requires Henley-Young to discharge any resident on or

Case 3:11-cv-00327-DPJ-FKB Document 106 Filed 06/27/16 Page 2 of 4

before his/her 21st day at Henley-Young. The parties further agree that Provision 2.1 requires Henley- Young to refuse admission to any youth sentenced to a period of greater than 21 days."

5. bPWuaitrtthmieusresastnpadebciItdntetoebrpvyreotnhvoeirss2io1fnu-dr2ta.h1yerpaonalgdircteyhe.etIh2ta1it-sdJfauuydrgtlhiemerSitkagifnornereeddrehttehanasttio:ornigaint aHl eanultehyo-rYityoutnogr,etlheease,

a.

Any into

referrals to MYCIDS.

PRTFs must be provided in disposition orders properly entered The Youth Court must finalize details of such referrals by day 21.

b. liinds County will identify suitable facilities to which youth may be transferred if

their sentences a youth may be

exceed 21 days. Upon identitication of a suitable facility to which transferred, Hinds County shall solidify transfer arrangements

with back

said facility to include: the to Youth Court for 45-day

youth's transport to facility; youth's transport review hearing; if not released at 45-day review

Cdheeotauerrnitntijgou,ndthgheeenaarnbidnacgaknfotoorrtfdhineeraldsehretaallelinabiseneg.enfHatecirnieldidtsy. :Caonudn,tytrasnhsaplloprtrobvaicdketsoamYoeuttohYCoouutrht for

c. If no facility is located, the youth may receive home contlnement with GPS monitoring at the Youth Court's direction and the County's expense.

d. The Parties and the Intervenors will work with the Federal Monitor, Leonard B. Dixon, to develop protocols for youth placed on GPS monitoring, to include education and continued services from Youth Court counselors.

e.

4cdrIe8ofetantuhesrynoinostusituroesttnnohethHxhweaceaislntruhilbdneepiygner-nogoYvrrhoieoosuftilenhoirdgenrarea2wyds.si1tspoa,eanwraddtiettorwhteefeasrtemthamkiadietnennsehdates\maVo.rrehinoesgttehhneoetrrretdnrheecehteesa,rebJmnuiltidientgnaaetctiievSoehnkaifonsacncbcieleurietrsynrhinaafHugnldfwhitloihltleehddnina

f. PaIftroaHtyeeonctulietvyhe-iYSsoerruevfniegcrerfeso,drbftuohtrentMroeiafsatsmciiselsintiipteposiroDrreehppalaabrcitlemimtaeetninottnos,faoHreruicmfuaarrnyeonSuteltyrhvaiicvseabsiel-aCinbhgleils,dhtheletered

youth may remain at Henley-Young for a time. Under these circumstances, the

Intervenors agree to provide Plaintiffs and the Henley-Young Administrator daily

·written updates as to the youth's status. work cooperatively to resolve any such

The Parties and situations and to

the Intervenor agree consult the Federal

to

Monitor should disagreements arise.

g. This MOU shall not be construed to limit the youth's available remedies under federal or state law, including. but not limited to, the v.rrit of habeas corpus.

6.

The Hinds County Henley-Young.

Board

of

Supervisors

will

maintain

administrative

control

over

Case 3:11-cv-00327-DPJ-FKB Document 106 Filed 06/27/16 Page 3 of 4

7. The Federal Monitor and Dr. Lisa Boesky shall be granted access to and allowed to cinotnefrivdieenwtisailslytoinattetravinieawbceotutenrsuenlodresrsetmanpdloinygedobf ythtehemeYnotuatlh-hCeaoluthrt.seTrvhiecepsuprproovseidoedf tbhyestehe Youth Court and Henley-Young.

8. Judge Skinner will vacate the following standing orders: ( 1) April 15, 2014 Order,

hNbdDeuooetcrcvketeehemmmateatbbdiheneararsvt31pe,[0r12no,00o2h3t10i-b4b14ie5]tOeeaOdrntdrfd2edrior-es3mc[rIlo[o0e1ns3n0e-tC3d2e-M,r]2i/ian]fEtgaaC9tntFh-4y1e~.-25Y(W;:2o(a)4iuntD)htdhJera(Cce6neso)upmuaaerbnrctyetdprt1aro16en,o,my2r2isd00sie1e1mr4s5siulOrOanerrrlldaedoetseresrdrde[f[1ort1so0r03t3lEhe--2dag2t]di]timaiaemttaB2ay8;tu;ee(r(x3n5i)s)sitde,

business purposes, and only then after the Henley-Young Administrator has obtained

Youth Court approval. to those vacated by this

Finally, MOU.

Judge

Skinner

will

not

enter

new

standing

orders

similar

9. Henley-Young and Youth Court employees accessing MYCIDS must receive training on the software.

10.

The Youth Court must provide hard copies of all detention orders. providing this documentation will be developed with the assistance

A procedure for of the Federal

Monitor.

11.

Plaintiffs may sit in on prior notice. Any such request.

Youth Court proceedings and drug-court proceedings monitors must provide identification upon the Youth

'IVithout Court's

12.

Upon Plaintiffs' request, the Youth within five (5) business days.

Court

must

produce

transcripts

of any

proceeding

I 3.

Judge lobby,

Skinner and the

shall receive Youth Court

video feeds courtroom.

of the front and rear Henley-Young shall

parking controi

lot, the Youth Court the video of the

detention center.

14. All pending motions will be withdrawn and denied as moot.
15. YiaINldnirmooertaunthihntttihiigsofneyCefgmv3roieee2nusnnrirttttde,hsehsitwinshadtevMiestiHnhnOmtigeLsno.nTfs4litneIs8fyhaslhut-ahYolialteuuaobrpbtusheoln,eopcgeroufixoAtnlcyarsdltturwimreoduiliniteennhadrigsserteteahor,scaopohptleroeirdcosrrtavea3yltin2eodsda,earstteanhehlndeeewyawYYiseteeohoxseuuc.GktethehPpnCtSCdioosomnuu(orerttont.gsistt.hhh,oaaerGllillnfPamcgSco,aimmwlkietmoiytnah'usilntttocehiarrcenipanatagetci)ivt.toey 16. Parties and the Intervenors recognize that this Court exercises jurisdiction to enforce the
terms of this agreement, including but not limited to, the power of contempt.

Case 3:11-cv-00327-DPJ-FKB Document 106 Filed 06/27/16 Page 4 of 4

17. The interest of the youth, the Parties and Intervenors \Viii make best efforts to cooperate

in good faith and keep open lines of communications. If contlicts arise, the Youth Court

Judge and the Henley- Young Administrator will discuss the issue directly to determine

whether a resolution is possible. They may, at either's request, enlist the Federal Monitor

for assistance. These good-faith efforts resorts to any legal proceedings against

must other,

be taken and any

before a Party or the Intervenor such motions must contain a

certificate that good-faith efforts to resolve the dispute have failed.

Agreed to this the 27th day of June, 20 16.

/
(
~ /~',, \ \.._ .\~ .:: ·.. ! -).:, "-~>~>/·)-{(~-\"' c
The Honorable William ·'Bill.. Skinner II, individually and on behalf of Intervenors

(;I

Joi L Owens William Bardwell
Defendant Hinds County, Mississippi, by and through counsel Pieter Teeu\vissen Anthony Simon

 
 Case 3:11-cv-00327-DPJ-FKB Document 144 Filed 04/03/19 Page 1 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

J.H., ET AL.

PLAINTIFFS

V.

CIVIL ACTION NO. 3:11-CV-327-DPJ-FKB

HINDS COUNTY, MISSISSIPPI, ET AL.

DEFENDANTS

ORDER

This case is before the Court on Plaintiffs’ motion to extend the consent decree and

impose a corrective-action plan or, in the alternative, hold Defendant Hinds County, Mississippi,

in contempt. Pls.’ Mot. [131] at 1. For the following reasons, prospective relief remains

necessary, so the decree will be extended under a corrective-action plan.

Plaintiffs originally filed this case in 2011 against Hinds County, Mississippi, to remedy

unconstitutional conditions at the Henley-Young Youth Detention Center. On March 28, 2012,

the Court signed a negotiated consent decree [33]. It named a court-appointed monitor and

established 71 provisions for which Hinds County was expected to reach substantial compliance

by March 28, 2014. On March 25, 2014, the Court extended that period to March 28, 2016,

because Hinds County had reached substantial compliance as to only three of the 71 provisions.

See Apr. 25, 2014 Order [50]. The Court also held the County in contempt. Id.

After that, the County dedicated more resources to the facility, and things improved. But

the progress did not result in substantial compliance as to all provisions, so on March 25, 2016,

the parties submitted, and the Court signed, an Amended Consent Decree [64]. That decree

eliminated a few provisions for which the County reached substantial compliance and extended

the decree for two more years until March 2018. When that deadline arrived, the parties

submitted a Second Amended Consent Decree [120] extending prospective relief through 2019.

Case 3:11-cv-00327-DPJ-FKB Document 144 Filed 04/03/19 Page 2 of 4
Again, some progress was made, but more work remained. So on November 14, 2018, Plaintiffs filed the present motion seeking another extension, a corrective-action plan, or alternatively a contempt order. Pls.’ Mot. [131] at 1.
Title 18 U.S.C. § 3626(b)(1)(3) allows the Court to continue a consent decree “upon written findings that prospective relief remains necessary to correct a current and ongoing violation of the Federal right,” but it may “extend[ ] no further than necessary to correct the violation of the Federal right,” and the Court must find “that the prospective relief is narrowly drawn and the least intrusive means to correct the violation.”
On January 20, 2019, the Court addressed § 3626(b)(1)(3) with the parties during oral argument. It also explored the monitor’s Thirteenth Monitoring Report [140], in which the monitor found that the County had failed to reach substantial compliance as to 35 provisions from the Second Amended Consent Decree. See Monitor’s Report [140] at 12. The 66-page report included detailed recommendations for attaining substantial compliance.
It should be noted that since his appointment in 2012, the monitor dramatically improved the conditions at Henley Young. It is now a different place, and the Court appreciates those efforts. But at some point, the monitor, the Court, and the parties lost sight of the core objective—removing constitutional violations at the facility through narrowly drawn means. 18 U.S.C. § 3626(b)(1)(3).
For example, the monitor states in his most recent report that “[t]he facility continues to do a good job in providing recreation . . . [and] should be commended from a recreational aspect.” Monitor’s Report [140] at 10. Yet, he later recommends as to Provision 4 (Structured Programming), that the facility “[c]ontinue to develop an adequate monthly recreational schedule.” Id. at 28. He also finds—as to several unaccomplished provisions—that the County
2

Case 3:11-cv-00327-DPJ-FKB Document 144 Filed 04/03/19 Page 3 of 4
should hire a full-time PhD-level clinical psychologist. See, e.g., Monitor’s Report [140] at 9. Yet no one has demonstrated to the Court that the Constitution requires a full-time PhD-level clinical psychologist.
These are just two examples; there are many more. And while the County spends time and resources attempting to address some of the monitor’s well-intentioned but aspirational objectives, it has failed to reach substantial compliance on core constitutional violations. Frankly, it appears that despite ongoing efforts to reach compliance, the County and the staff at Henley Young are overwhelmed by the breadth and expense of the recommendations.
The Court addressed all this during the hearing, and it appeared that the parties were in general agreement that the steps toward completion must be pared down. Accordingly, the Court instructed the parties to confer and identify any provisions that should be removed either because the County has reached substantial compliance or because the provision no longer satisfies § 3626(b)(1)(3). After that, the parties were instructed to meet with United States Magistrate Judge F. Keith Ball to resolve any lingering disputes. While the Court did not grant the motion for a corrective-action plan from the bench, the conversation was trending in that direction, and the Court advised the parties to consider the issue with Judge Ball.
On March 19, 2019, Judge Ball met with counsel for the parties and was informed that they had reached substantial agreement on an amended consent decree and corrective-action plan, subject to approval by the Hinds County Board of Supervisors. They jointly proposed eliminating numerous provisions, adopting a timeline for completion, and suspending the courtappointed monitoring. On April 1, 2019, the Hinds County Board of Supervisors approved the Third Amended Consent Decree.
3

Case 3:11-cv-00327-DPJ-FKB Document 144 Filed 04/03/19 Page 4 of 4 Having reviewed the Third Amended Consent Decree, the Court is convinced that it is a step in the right direction. It removes unnecessary yet time-consuming objectives and will give the County clear and obtainable guideposts to achieve substantial compliance and remedy the remaining constitutional issues. While “prospective relief remains necessary to correct a current and ongoing violation of the Federal right,” the parties’ proposed plan “extends no further than necessary to correct” those violations, “is narrowly drawn,” and reflects the “least intrusive means to correct the violation.” 18 U.S.C. § 3626(b)(1)(3). The Court will therefore approve the Third Amended Consent Decree and extend this matter until March 28, 2021. Because the Court grants the corrective-action plan reflected in the Third Amended Consent Decree, it declines to address the Plaintiffs’ alternative request for an order of contempt. SO ORDERED AND ADJUDGED this the 3rd day of April, 2019.
s/ Daniel P. Jordan III CHIEF UNITED STATES DISTRICT JUDGE
4

 
 Case 3:11-cv-00327-DPJ-FKB Document 145 Filed 04/03/19 Page 1 of 27

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

J.H., et al., Plaintiffs, v. HINDS COUNTY, MISSISSIPPI, Defendant.

Civil Action No. 3:11-cv-327-DPJ-FKB

THIRD AMENDED CONSENT DECREE On June 1, 2011, Plaintiffs filed suit challenging the conditions of confinement at Henley-Young Juvenile Justice Center ("Henley-Young"). Defendant responded to the Complaint and denied all the allegations. Plaintiffs and Defendant, without any admission on behalf of either, agreed that it was in the best interests of all parties to resolve this matter amicably without further litigation and cost to the taxpayers of Hinds County, Mississippi. The parties therefore negotiated a "Settlement Agreement" (later determined by the district court to be a consent decree), which was entered in March 2012. It was extended in April 2014; amended and extended in March 2016; and amended and extended in March 2018. During the February 2019 hearing on Plaintiffs’ amended motion to extend and enforce the consent decree, ECF No. 131, the Court ruled from the bench to extend the consent decree for two years, (i.e., up to and including March 28, 2021). This Third Amended Consent Decree is not to be construed as an admission of any liability or violation of law by the Defendant. The parties agreed in 2012 to the consent decree's provisions to resolve this litigation. Now, the parties wish to extend, eliminate,
1

Case 3:11-cv-00327-DPJ-FKB Document 145 Filed 04/03/19 Page 2 of 27
modify, and add certain terms and provisions. The term "Henley-Young Juvenile Justice Center" (or the like) hereinafter refers
collectively to Hinds County and its Board of Supervisors. This Third Amended Consent Decree and its specific requirements shall apply fully to Henley-Young and to any contractors that may provide services to Henley-Young in the future. The term "youth" hereinafter refers to individuals confined at Henley-Young. The parties understand that the requirements herein will be implemented without undue delay as soon as practicable.
Unless otherwise indicated herein, the parties will collaborate to make all reasonable efforts to ensure that within 90 days of the effective date of this agreement, policies and procedures consistent with this agreement are drafted, in the process of being implemented, and that all detention staff receives training on the requirements of this agreement. The parties agree and understand that implementation will be an ongoing process that extends beyond the initial 90 days of this agreement. The parties further agree to the following:
1. This agreement will terminate at the end of two years. If the Court makes written findings based on the record that prospective relief remains necessary after two years to correct a current and ongoing violation of federal rights, this agreement shall not terminate. See 18 U.S.C. § 3626(b)(3).
2. The parties stipulate that nothing in this Third Amended Consent Decree constitutes an admission of liability and furthermore, the Defendant denies that it has provided deficient services in any category that is referenced below in this Third Amended Consent Decree.
3. Notwithstanding any other provisions of this Third Amended Consent Decree,
2

Case 3:11-cv-00327-DPJ-FKB Document 145 Filed 04/03/19 Page 3 of 27
the parties stipulate that the remedies contained in this document are necessary to correct an ongoing violation of a federal right, extend no further than necessary to correct the violation of federal right, and that the prospective relief is narrowly drawn and is the least intrusive means to correct the violations. 4. It is the intent of the parties that the Court will retain ongoing jurisdiction over this Third Amended Consent Decree for purposes of enforcement, pursuant to the terms of the Prison Litigation Reform Act. All provisions of this Third Amended Consent Decree shall be interpreted to be consistent with this intent. In the event that the Court determines that it does not have jurisdiction over this Third Amended Consent Decree for purposes of enforcement, the parties agree to modify the Third Amended Consent Decree to the least extent necessary to ensure ongoing federal court jurisdiction.
I. INTAKE 1.1 Hinds County denies that the current intake procedure at Henley-Young is
deficient in any manner. However, the parties agree that henceforth: All youth admitted to Henley-Young shall receive a health screening, within 1 hour of admission or as soon as possible as reasonably thereafter, by appropriately trained staff as required by Mississippi Code Ann. § 43-21-321. "Information obtained during the screening shall include, but shall not be limited to, the juvenile's: (a) Mental health; (b) Suicide risk; (c) Alcohol and other drug use and abuse; (d) Physical health; (e) Aggressive behavior; (f) Family relations; (g) Peer relations; (h) Social skills; (i) Educational status; and (j) Vocational status." Miss. Code Ann. § 43-21-321(1). During this screening, Henley-Young shall obtain information
3

Case 3:11-cv-00327-DPJ-FKB Document 145 Filed 04/03/19 Page 4 of 27
regarding the youth's educational status by having the youth or intake officer complete an education screening form developed and provided by the Jackson Public School District. Additionally, the parties agree that Provision 1.1 implicitly necessitates Henley-Young to require a valid MYCIDS order before a youth can be admitted. The parties also agree that Provision 1.1 implicitly prohibits Henley-Young from admitting a status offender to Henley-Young without full compliance with the Mississippi Code. The parties agree that, in the absence of a valid MYCIDS order and full compliance with the Mississippi Code, a youth cannot be admitted to Henley-Young, and that such youth's admission must be denied. 1.2 Hinds County denies that Henley-Young failed to conduct mental health screenings of juveniles admitted to the facility in accordance with Miss. Code Ann. § 43-21-321. The parties agree, however, that henceforth: All youth shall receive a MAYSI-2 mental health screening upon admission, as required by Miss. Code Ann. § 43-21321. The screening will be conducted in private by appropriately trained staff of Henley-Young. If the screening indicates that the youth is in need of emergency medical care or mental health intervention including, but not limited to, major depression, suicidal ideation, withdrawal from drugs or alcohol, or trauma, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation immediately or as soon as reasonably possible. 1.3 Prescription medications will be secured for all youth who have a valid, current prescription within 8 hours of admission, if possible, but in no case, longer than 24 hours after admission, including weekends and holidays. If during a youth's
4

Case 3:11-cv-00327-DPJ-FKB Document 145 Filed 04/03/19 Page 5 of 27
detention, a medical professional either prescribes a new medication or renews a youth's previous prescription medication, Henley-Young will secure the prescription medication within 8 hours of receiving the prescription, if possible, but in no case, longer than 24 hours after receiving the new prescription, including weekends and holidays. Henley-Young shall procure and/or purchase all prescription medications prescribed to confined youth. 1.4 Meal Compliance: Eliminated by agreement of the parties in March 2016. 1.5 Telephone Usage: Eliminated by agreement of the parties in March 2016. 1.6 Hinds County denies that Henley-Young does not have in place a valid strip search policy. Within 60 days of the date of this agreement, Henley-Young shall develop and implement policies that limit strip searches to instances where Henley-Young staff has an articulable suspicion that a youth may possess weapons or contraband. Anytime a strip search is conducted, Henley-Young staff must document, in writing, their suspicion, obtain permission from a supervisor, and conduct the search in a manner that minimizes the intrusion into the youth's privacy.
II. STAFFING AND OVERCROWDING 2.1 Modified by agreement of the parties in March 2018. Hinds County denies that
there are staffing issues and overcrowding at Henley-Young. However, the parties agree that Henley-Young shall ensure that there are sufficient numbers of adequately trained direct care and supervisory staff to supervise youth safely, protect youth from harm, allow youth reasonable access to medical and mental health services, and allow youth adequate time to participate in out-of-cell activities. Within 90 days of the date of this agreement, Henley-Young shall operate with a
5

Case 3:11-cv-00327-DPJ-FKB Document 145 Filed 04/03/19 Page 6 of 27
direct care staff to youth ratio of 1:8 from the hours of 6:00 a.m. until 10:00 p.m. and a ratio of 1:10 from the hours of 10:00 p.m. to 6:00 a.m. Additionally, the parties acknowledge the November 3, 2014, Hinds County Board of Supervisors' Resolution Regarding the Henley-Young Detention Center providing that Henley-Young shall not house any youth under youth court jurisdiction for more than 21 days. The parties also agree that Henley-Young is a short-term facility not designed to hold residents for longer than 21 days. In light of the facility's nature and the Board of Supervisors' Resolution, the parties agree that Provision 2.1 necessarily requires Henley-Young to discharge youth under youth court jurisdiction on or before his/her 21st day at Henley-Young. The parties agree that henceforth the 21 day time limit requiring discharge and refusal of admission of youth will not apply to juveniles charged as adults. The parties further agree that Provision 2.1 requires Henley-Young to refuse admission to any youth who is sentenced to a period of greater than 21 days. The parties further agree that Provision 2.1 requires that any time spent off-site in a state of detention (including but not limited to at a psychiatric residential treatment facility) must be counted toward a youth's detention stay. The parties further agree that Provision 2.1 necessarily requires Henley-Young to adhere to the monitor's recommended 32-resident capacity limit on average daily population, and that Henley-Young cannot exceed an average daily population of 32 residents, and that any admission that would require an ADP in excess of 32 residents must be denied. 2.2 Maximum Capacity Adjustment: Eliminated by agreement of the parties in March 2016. 2.3 One-Person Cell: Eliminated by agreement of the parties in March 2016.
6

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III. CELL CONFINEMENT 3.1 Hinds County denies that youth are confined in their cells without engaging in
structured, rehabilitative, and educational programming. The parties agree, however, that henceforth: Youth shall be engaged in structured, rehabilitative, and educational programming outside of their cells during the hours of 7:00 a.m. to 9:00 p.m. each day, including weekends and holidays. 3.2 Appropriate Access to Living Unit: Eliminated by agreement of the parties in March 2019. 3.3 Youth who pose an immediate, serious threat of bodily injury to others may be confined in their cells for no longer than 12 hours at a time without administrative approval. Youth who are placed on cell confinement for this reason shall be released from their cells daily to attend school, maintain appropriate personal hygiene and to engage in one hour of large muscle exercise. Staff must perform visual checks on youth who are subject to cell confinement every 15 minutes. Staff must document all instances of cell confinement in writing and must document the justification for determining that a youth poses an immediate, serious threat of bodily harm. 3.4 Isolation: Eliminated by agreement of the parties in March 2018. 3.5 Direct Care Staff on Units: Eliminated by agreement of the parties in March 2018.
IV. STRUCTURED PROGRAMMING 4.1 Hinds County denies that Henley-Young has failed to administer daily, structured,
programming for youth detained at the facility. The parties agree, however, that henceforth: Henley-Young shall administer a daily program, including weekends
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and holidays, to provide structured educational, rehabilitative, and/or recreational programs for youth during all hours that youth shall be permitted out of their cells, pursuant to section 3.1. Programming shall include: a. Activities which are varied and appropriate to the ages of the youth; b. Structured and supervised activities which are intended to alleviate idleness and
develop concepts of cooperation and sportsmanship; c. Supervised small group leisure activities, such as a wide variety of card and table
games, arts and crafts, or book club discussions; and, d. The parties agree that this provision requires Hinds County, by and through its
County Administrator and/or Executive Director at Henley-Young, to maintain exclusive control and maintenance of any facilities or technology that promotes compliance with this provision or other provisions of this consent decree.
V. INDIVIDUALIZED TREATMENT PLANS/TREATMENT PROGRAM FOR POST-DISPOSITION YOUTH
5.1 Hinds County denies that Henley-Young has failed to provide or has provided deficient individualized treatment plans or treatment programs for post-disposition youth. The parties agree, however, that Henley-Young shall ensure that youth have access to adequate rehabilitative services. Henley-Young shall ensure that children placed in the facility post-disposition will receive constitutionally compliant rehabilitative services.
5.2 Henley-Young shall ensure that youth in need of mental health and/or substance abuse treatment and/or who are in the facility post disposition shall have appropriate treatment plans developed and implemented in accordance with generally accepted
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professional standards of practice for mental health and rehabilitative services. 5.3 Henley-Young shall implement policies and procedures for the required content of
treatment plans, which shall include: a. That the treatment plan be individualized; b. An identification of the mental and/or behavioral health and/or rehabilitative issues
to be addressed; c. A description of any mental health, medication or medical course of action to be
pursued, including the initiation of psychotropic medication; d. A description of planned activities to monitor the efficacy of any medication of the
possibility of side effects; e. A description of any behavioral management plan or strategies to be undertaken; f. A description of any counseling or psychotherapy to be provided; g. A determination of whether the type or level of treatment needed can be provided in
the youth's current placement, and h. A plan for monitoring the course of treatment, and if necessary, for revising the
treatment plan. i. A description of the precise terms of the facility's long-term and short-term
objectives for the youth, the full range of services to be provided, and procedure, and timetables and staff assignments for the implementation of such treatment plan; j. A plan for regularly engaging the family in the youth's treatment plan; k. A comprehensive re-entry plan that will assist the youth re-enroll in their home school and access medical, mental health, vocational and rehabilitative services based in the community. 5.4 Henley-Young shall institute a program of periodic staff reviews every three weeks
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and evaluations of each youth's progress under his/her individualized treatment plan and of the appropriateness of the plan itself and Henley-Young's plan for such review. 5.5 Henley-Young shall develop and implement a program that provides for evening and weekend programs and activities that allow youth to engage in meaningful activities. 5.6 Henley-Young shall develop and implement an adequate quality assurance program.
VI. DISCIPLINARY PRACTICES AND PROCEDURES 6.1 Hinds County denies that the current disciplinary practices and procedures at
Henley-Young are deficient in any manner. The parties, however, agree that henceforth: Henley-Young shall implement a discipline policy and practice that incorporates positive behavior interventions and supports. This policy shall include guidelines for imposing graduated sanctions for rule violations and positive incentives for good behavior. 6.2 Youth who violate major rules may be subject to cell confinement for up to 24 hours for a single rule violation. An occasion in which a youth is alleged to have contemporaneously violated multiple major rule violations shall count as a single rule violation for the purposes of this section. No youth shall be confined to a cell for longer than 8 hours for a single rule violation without receiving written notification of the alleged rule violation and the occurrence of a disciplinary review/due process hearing before an impartial staff member, which includes participation by the accused youth. Under no circumstances shall youth be subjected to involuntary cell confinement for longer than 24 hours for disciplinary purposes. Youth who are placed on cell confinement shall be released daily from their cells to attend school, maintain appropriate personal
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hygiene, and to engage in one hour of large muscle exercise.
VII. USE OF RESTRAINTS 7.1 Mechanical Restraints: Eliminated by agreement of the parties in March 2018. 7.2 Mechanical Restraints–Transportation: Eliminated by agreement of the parties in
March 2018. 7.3 Misuse of Mechanical Restraints: Eliminated by agreement of the parties in March
2018. 7.4 No youth shall be restrained for longer than 15 minutes, unless restraints are
approved by a mental health professional or if determined to be necessary under section 7.2 or as reasonably necessary to prevent the youth from engaging in acts of self-harm or harm to others. If a youth must be restrained for longer than 15 minutes in order to prevent self-harm, that youth shall, as quickly as possible, be evaluated by a mental health professional or transported to a mental health facility. 7.5 No Restraint Chairs, Chemical Restraints and/ or Tasers: Eliminated by agreement of the parties in March 2016. 7.6 No Hogtying in Facility: Eliminated by agreement of the parties in M arch 2016. 7.7 Mechanical Restraints–One-on-One Supervision: Eliminated by agreement of the parties in March 2018. 7.8 Mechanical Restraints–Notice to Medical Professional: Eliminated by agreement of the parties in March 2018. 7.9 No Electronic Restraints: Eliminated by agreement of the parties in March 2016. 7.10 No Firearms in Facility: Eliminated by agreement of the parties in March 2016.
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VIII. USE OF FORCE 8.1 Hinds County denies that Henley-Young currently uses force improperly. The parties,
however, agree that henceforth: Physical force shall not be used to punish youth. Staff shall only use physical force to stop youth from causing serious physical injury to self or others or to prevent an escape. If physical force is necessary, staff must use the minimum amount required to safely contain the youth. Whenever possible, staff shall avoid the use of force by first attempting verbal de-escalation techniques. Staff shall be required to fully document in writing every instance of use of force. 8.2 Notice to Medical Professional After Use of Force: Eliminated by agreement of the parties in March 2019.
IX. MEALS AND NUTRITION 9.1 All Meals and Snacks Must be Nutritional: Eliminated by agreement of the parties in
March 2019. 9.2 All Meals and Snacks Must Comply with Nutritional Guidelines: Eliminated by
agreement of the parties in March 2019. 9.3 Provide Drinking Water Throughout the Day: Eliminated by agreement of the
parties in March 2018.
X. CLOTHING 10.1 Provide Basic Clothing Items: Eliminated by agreement of the parties in March
2018.
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XI. HYGIENE AND SANITATION 11.1 Provide Appropriate Hygiene Products: Eliminated by agreement of the parties in
March 2019. 11.2 Provide Sleeping Mats and Blankets: Eliminated by agreement of the parties in March
2019. 11.3 No Deprivations of Mats and Blankets: Eliminated by agreement of the parties in March
2016. 11.4 Sufficient Sanitary Mats and Blankets: Eliminated by agreement of the parties in March
2016. 11.5 Clean and Sanitary Environment: Eliminated by agreement of the parties in March
2019. 11.6 Hinds County shall ensure that Henley-Young complies with relevant law
regarding fire safety, weather emergencies, sanitation practices, food safety, and the elimination and management of environmental toxins. 11.7 Clean Drinking Glasses and Eating Utensils: Eliminated by agreement of the parties in March 2018.
XII. MEDICAL CARE 12.1 Hinds County denies that Henley-Young has failed to provide youth with
adequate medical care. The parties agree, however, that henceforth, Henley-Young shall provide youth with adequate medical care, including: prompt screenings, a full physical exam within 72 hours after their detention hearing or disposition order, as applicable; access to medical professionals and/or prescription
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medications when needed; and prompt transportation to a local hospital in the case of a medical emergency. Hinds County is responsible for procuring and/or paying for all medications provided to residents. 12.2 Henley-Young shall ensure that a medical professional is available to examine youth confined at the facility to identify and treat medical needs, when necessary. 12.3 Henley-Young shall implement its sick call policy and practice which ensures that confined youth who request non-emergency medical attention are examined by a medical professional within 24 hours of a youth placing himself on sick call, excepting weekends and holidays. 12.4 Prescription medications shall only be distributed by licensed medical staff or HenleyYoung staff who has been trained by licensed medical personnel. 12.5 Medical and mental health services shall be provided in a manner that ensures the confidentiality of youth's health information. 12.6 Henley-Young shall develop a procedure for monitoring youth who require individualized attention because of medical issues that does not involve requiring the youth to sleep on a mat in the visitation room.
XIII. MENTAL HEALTH CARE 13.1 Hinds County denies that Henley-Young has failed to provide adequate mental health
care to youth. The parties agree, however, that henceforth: Henley-Young's contractor, Hinds Behavioral Health Services, shall provide adequate mental health services to all confined youth with a mental health diagnosis or serious mental health need, as indicated by the MAYSI-2. This shall include, but is not limited to, the provision of individual and group counseling sessions upon the request of a
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youth or the youth's parent/guardian, access to a mental health professional at the detention center, and the distribution and medical monitoring of psychotropic medications by a medical professional. Currently, the County budgets for counselor positions within the Youth Court budget. The parties agree that the County shall reallocate such funding to the Henley-Young Facility to provide appropriate and accessible mental-health counselors and case-management counselors to the residents for the development of individualized treatment plans. 13.2 Youth who are confined for longer than thirty (30) continuous days and who are prescribed psychotropic medications, shall be evaluated by a psychiatrist every thirty (30) days. Such evaluations may be performed by and through employees of Hinds Behavioral Health. 13.3 Within 72 hours of a youth's admission to the facility, staff shall develop individual mental health treatment plans for youth who are under the care of a mental health provider. Treatment plans shall emphasize continuity of care and shall ensure that whenever possible, youth are transported to appointments with their regular mental health provider, whether the appointments are standing or made after the youth's initial detention. 13.4 Henley-Young shall develop and implement policies and procedures for referring youth in need of psychiatric services to a licensed psychiatrist for a timely mental health evaluation. Such services may be provided by and through employees of Hinds Behavioral Health. 13.5 Hinds County shall employ or contract for sufficient psychiatric services to permit a psychiatrist to fulfill the following functions: a. Conduct needed psychiatric evaluations prior to placing youth on psychotropic
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medications; b. Monitor, as appropriate, the efficacy and side effects of psychotropic medications; c. Participate in treatment team meetings for youth under the psychiatrist's care; d. Provide individual counseling and psychotherapy when needed; e. Evaluate and treat in a timely manner all youth referred as possibly being in need
of psychiatric services; and f. Provide adequate documentation of treatment. g. All evaluations and services outlined above may be performed and/or provided
by and through employees of Hinds Behavioral Health or any other duly qualified Mental Health agency. 13.6 The psychiatrist and/or counselors shall review, if necessary, incident reports, disciplinary reports, suicide watch logs, and lockdown logs of youth under their care to determine whether their treatment is working and, if not, how it should be modified.
XIV. SUICIDE PREVENTION 14.1 Hinds County denies that Henley-Young failed to provide adequate suicide
prevention policies. The parties agree, however, that henceforth: Henley-Young shall develop a multi-tiered suicide prevention policy that has at least three stages of suicide watch. Suicide watch shall not be used as punishment. The "suicide cell" shall be reserved for youth for whom the "suicide cell" is deemed necessary in conjunction with this suicide prevention policy. 14.2 Any youth placed on the highest level of suicide watch shall be evaluated by a mental health professional, ideally within 12 hours, but in no case longer than 24
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hours of his or her placement on suicide watch. If a youth on the highest level of suicide watch is not evaluated by a mental health professional within 24 hours, the youth shall immediately be transported to a local mental health facility or emergency room for evaluation and/or treatment. 14.3 Youth on suicide watch shall participate in recreation, school, and any other structured programming. Youth shall not be required to wear a “suicide gown” unless locked in a cell. Staff shall closely monitor youth on suicide watch, which includes logging activities every 15 minutes. 14.4. When a youth is placed on any level of suicide watch, a report shall be made within 24 hours to the youth court, as well as to the youth’s guardian, and his or her defense attorney.
XV. FAMILY SUPPORT AND INTERACTION 15.1 Visitation Shall Not Be Restricted or Withheld: Eliminated by agreement of the
parties in March 2016. 15.2 Provide Accommodations for Contact Visits: Eliminated by agreement of the
parties in March 2016. 15.3 Visitation Shall Be Regularly Scheduled: Eliminated by agreement of the
parties in March 2016. 15.4 Youth may receive phone calls from their attorneys. At the discretion of the
Director or assignee, in emergency situations, youth may receive phone calls from parents, primary caretakers, or legal guardians. Emergency phone calls and phone calls from attorneys should not be restricted as a form of punishment.
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XVI. MISCELLANEOUS PROVISIONS 16.1 Provide Equal Access to All Services: Eliminated by agreement of the parties in March
2018. 16.2 Hinds County denies that Henley-Young has failed to allow youth to engage in at least
one hour of large muscle exercise per day. The parties agree, however that henceforth: All youth shall have the opportunity to engage in at least one hour of large muscle exercise per day. 16.3 Use of Profanity in the Presence of Residents: Eliminated by agreement of the parties in March 2019. 16.4 Hinds County denies that Henley-Young does not currently have an adequate grievance policy. The parties agree, however, that henceforth: Henley-Young shall implement an adequate grievance policy that is accessible to all youth regardless of literacy levels, and that provides youth with the opportunity to appeal facility level determinations. Youth shall obtain the grievance forms from the school liaison. 16.5 Hinds County denies that Henley-Young does not currently have an adequate policy whereby youth can request to see their attorney and/or Youth Court counselor. The parties agree, however, that henceforth: Henley-Young shall develop and implement an adequate policy that allows youth of all ages and literacy levels with the opportunity to request to see their attorney and/or Youth Court counsel. Youth shall obtain the form requesting a visit from his/her counselor from the school liaison. Henley-Young agrees to collaborate with the Plaintiffs to design and implement a comprehensive juvenile justice pre-service and in-service training program for detention center staff. Training shall include, but is not limited to, the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape
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Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.
XVII. INDEPENDENT MONITOR 17.1 Modified by agreement of the parties in March 2019: This provision will not be in force
so long as the 2019-2021 CAP remains in effect. See Provision 20.7. The Defendant shall contract with Leonard Dixon, within 30 days of the court's entry of this Third Amended Consent Decree, to serve as an expert who will be responsible for documenting the Defendant's compliance with the terms of this agreement and for providing and/or arranging technical assistance and training regarding compliance with this Third Amended Consent Decree. The expert shall have full and complete access to the facility, including but not limited to, access to detained youth, institutional files, medical files, mental health files, educational files, video tapes, and youth records, staff records, and all other information and other reports by staff, grievances, incident reports, and other relevant documents and files maintained by Henley-Young. The Defendant shall direct all staff to cooperate with the expert. 17.2 Upon the recommendation of the independent expert and with the mutual consent of the parties, the terms of this Third Amended Consent Decree may be modified. Consent will not be unreasonably withheld. 17.3 All non-public information obtained by the expert shall be kept confidential, except that on a quarterly basis the expert shall file a report with the Court documenting the progress of compliance. 17.4 Neither party, nor any employee or agent of either party, shall have any supervisory authority over the expert's activities, reports, findings, or recommendations.
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17.5 The expert shall be permitted to initiate and receive ex parte communications with all parties.
17.6 Modified by agreement of the parties in March 2019: This provision will not be in force so long as the 2019-2021 CAP remains in effect. See Provision 20.7. The expert shall file with the Court and provide the parties with reports describing the Defendant's steps to implement this Third Amended Consent Decree and evaluate the extent to which the Defendant has complied with each substantive provision of this agreement. Such reports shall be issued quarterly, unless the parties agree otherwise. The reports shall be provided to the parties in draft form for comment at least two (2) weeks prior to their submission to the Court. These reports shall be written with due regard for the privacy interests of individual youth and staff and the interest of the Defendant in protecting against disclosure of non-public information.
17.7 Modified by agreement of the parties in March 2019: This provision will not be in force so long as the 2019-2021 CAP remains in effect. See Provision 20.7. The expert shall have a budget sufficient to allow him to fulfill the responsibilities described in this Third Amended Consent Decree. Mr. Dixon may consult with other experts or consultants retained by either party. All parties shall receive copies of all draft reports from the other experts to Mr. Dixon prior to the issuance of Mr. Dixon's report, and shall have the option of being present at briefings from such experts to Mr. Dixon and Defendant. Mr. Dixon may initiate and receive ex parte communication with the parties and their respective experts and consultants.

XVIII.

PLAINTIFFS' COUNSEL CONTINUED ACCESS

18.1 Plaintiffs' counsel shall have full and complete access to the youth at Henley-

Young. They shall also have full and complete access to the facility, youth, and

relevant records, including but not limited to institutional files, medical files,
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mental health files, educational files, video tapes, and youth records, staff records, and all other information and other reports by staff, grievances, incident reports, and other relevant documents and files maintained by Henley-Young relevant to assessing the Defendant's compliance with this Third Amended Consent Decree. The Henley-Young facility includes an audio/video monitoring system, but the Henley-Young Executive Staff do not have access to the equipment. The parties agree that exclusive access to this equipment should inure to the Executive Director in an effort to facilitate timely and complete review of any alleged incident, corrective action (if necessary) and improved disciplinary practices and procedures. 18.2 Plaintiffs' counsel shall have the right to conduct monitoring and educational visits at Henley-Young so long as they provide 48-hour notice. Plaintiffs' counsel retains the right to investigate any complaints of abuse or neglect at the facility pursuant to its authority under the Protection and Advocacy for Individuals with mental Illness Act of 1986 ("PAIMI Act"), 42 U.S.C. §§ 10801 et seq., the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ("PADD Act"), 42 U.S.C. §§ 15001 et seq., and the Protection and Advocacy of Individuals Rights Program ("PAIR Act"), 29 U.S.C. §§ 794 et seq. 18.3 Plaintiffs' counsel shall have the right to conduct confidential interviews with youth currently confined at Henley-Young. Nothing in this Third Amended Consent Decree shall prohibit DRMS or its agents from accessing youth in accordance with Judge Jordan's Preliminary Injunction Order issued on September 12, 2011. ECF No. 24. Plaintiffs agree to indemnify the County for any liability it incurs as a result of Plaintiffs' actions or inactions related to the monitoring of this Third Amended
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Consent Decree. Plaintiffs further agree to comply with all state and federal confidentiality requirements regarding youth court, educational and/ or medical records. 18.4 All interviews of Henley-Young staff shall be coordinated by and with Attorneys representing Henley-Young. All non-public information obtained by Plaintiffs' counsel shall be maintained in a confidential manner.
XIX. COMPLIANCE, ENFORCEMENT , AND DISMISSAL 19.1 The parties agree that the implementation and interpretation of this Third Amended
Consent Decree shall be guided by the fact that the primary purposes of Mississippi's juvenile system are "rehabilitation and individual treatment rather than retribution." Buck v. State, 838 So.2d 256, 260 (Miss. 2003) (internal quotations and citation omitted). The same principle that guides the interpretation of Mississippi's Youth Court Act shall guide the implementation of this Third Amended Consent Decree. Both the Act and the Third Amended Consent Decree shall:
be liberally construed to the end that each child coming within the jurisdiction of the youth court shall become a responsible, accountable, and productive citizen, and that each such child shall receive such care, guidance, and control, preferably in such child's own home as is conducive toward that end and is in the state's and the child's best interest. It is the public policy of this state that the parents of each child shall be primarily responsible for the care, support, education, and welfare of such children; however, when it is necessary that a child be removed from the control of such child's parents, the youth court shall secure proper care for such child. Miss. Code Ann. § 43-21-103. "Inherent in this policy is the protection and care of children in trouble and the rehabilitation of those gone astray." Helmert v. Biffany, 842 So.2d 1287, 1291 (Miss. 2003). 19.2 This Third Amended Consent Decree shall be binding on all successors,
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assignees, contractors, employees, agents, and all those working for or on behalf of Hinds County, Mississippi. 19.3 Hinds County agrees that it shall not retaliate against any person because that person has filed or may file a complaint, provided information or assistance, or participated in any other manner in an investigation or proceeding related to this Third Amended Consent Decree. 19.4 Plaintiffs' counsel shall have the right to conduct interviews with staff. 19.5 After the effective date of this Third Amended Consent Decree, the Court shall retain jurisdiction to ensure that the parties fulfill their respective obligations under this Third Amended Consent Decree. In the event that any matter related to this Third Amended Consent Decree is brought to the Court, the Court may require briefing, and any remedy within the Court's jurisdiction shall be available. 19.6 For purposes of settlement only, the Parties stipulate to class certification. The settlement class is defined as "all youth who are currently or will in the future be confined at Henley-Young." 19.7 Plaintiffs agree to notify the County Board Attorney, the County Administrator, and the Board of Supervisors and give them an opportunity to resolve a problem at Henley-Young prior to initiating media contact.
XX. 2019-2021 CORRECTIVE ACTION PLAN 20.1 Overview. In March 2019, Parties agree to a Corrective Action Plan (“CAP”) to
facilitate global consent decree compliance within the first 365 days (“Year 1”) and the first 180 days of the second year (“Year 2”) of the 2019-2021 consent decree period. In this section, “days” refer to calendar days.
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20.2 Expert. Defendants agree to engage Anne Nelsen (“Ms. Nelsen”) by April 28, 2019, to provide technical assistance to the County (a) in Year 1, to implement core institutional infrastructure required for global consent decree compliance; and (b) in Year 2, to complete and verify implementation of all consent decree provisions.
20.3 Goals and Timeline. Parties agree to the goals and timeline set forth in Table 1, “Timeline and Goals.” See Attachment 1. Parties agree that the content of Table 1 may be amended by agreement of both parties.
20.4 Measuring Progress. Parties agree to utilize Table 2, “Benchmarks and Needs,” to track progress towards goals and to meet and identify outstanding needs. See Attachment 2. Parties agree that the content of Table 2 may be amended by agreement of both parties.
20.5 Benchmarks and Needs. In Table 2, the following definitions apply. “Needs” are results Ms. Nelsen provides are necessary to achieve compliance, which the County may satisfy through a range of approaches (or recommendations)—so long as the need is met, as to which Ms. Nelsen would provide an opinion. After learning of the need, the County will timely select an approach and provide status updates regarding their selection and progress on Progress Calls (see below). Ms. Nelsen will provide her assessment regarding whether the approach has met the need. “Policy” refers to the institution’s goals and intent. “Procedure” refers to what actions must be taken to effectuate those goals. “Tools” refers to objects or documents needed to execute a procedure. “Training & QA” refers to selfsustaining training and internal review systems.
20.6 Progress Calls. Parties agree to have a conference call with Ms. Nelsen and the facility once every three weeks (“Progress Calls”) with the goal of sharing
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information necessary to update Table 2, including by (a) identifying Needs and potential approaches to addressing them; (b) documenting the County’s selection of an approach; and (c) reporting on progress made towards that approach. 20.7 Suspended Monitoring and Expert Tours. The parties agree to deprioritize the need for subject-matter monitoring and to deprioritize adjudging the County’s progress according to its implementation of recommendations made by the monitor or subject-matter experts in this case. See Provisions 17.1, 17.6, 17.7 (suspended by agreement of the parties so long as this CAP is in force). Instead, the County will prioritize implementing core institutional infrastructure required for global compliance, including conclusively finalizing: (a) all policies, procedures, and tools required to implement procedures; (b) a self-sustaining training program; and (c) an internal review program (“QA”). In Year 1, implementation of policies and procedures will occur on a rolling basis and Ms. Nelsen will provide the parties with feedback on substantive progress, but the parties agree that Year 1 priorities are to meet benchmarks and to satisfy needs as provided in Tables 1 and 2. 20.8 Judicial Oversight. Approximately 30 days prior to the end date of each Phase defined in Table 1, the parties will participate in a status conference before the magistrate judge. Seven days in advance of the status conference, Ms. Nelsen (or Plaintiffs on her behalf) will submit the current versions of Tables 1 and 2 and any required explanation of jointly agreed-upon revisions the parties have made to either table. The parties have the option to submit confidential settlement memoranda in advance of these status conferences. 20.9 Termination. The parties and Ms. Nelsen agree that the County, in a good-faith effort to resolve this matter and conserve taxpayer resources, may engage Ms.
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Nelsen for these purposes; however, if at any time either the County, Plaintiffs, and/or Ms. Nelsen wish to end this arrangement, this CAP will end effective immediately and Ms. Nelsen’s status as Plaintiffs’ expert will not change; however, Plaintiffs would be barred from introducing the fact that the County engaged Ms. Nelsen in subsequent litigation. In the event the CAP is terminated, the parties will notify the Court and request a status conference. 20.10 The parties acknowledge that Hinds County has relocated juveniles charged as adults (“JCAs”) from the Raymond (adult) Detention Center to Henley-Young; that JCAs in Hinds County are subject to prolonged periods of indefinite pre-trial detention; and that due to the presence of JCAs, the facility was required to become a hybrid short-term/long-term facility and provide services suitable to both JCA and delinquency populations.
XXI. FEES 21.1 The parties agree that the payment and amount of attorney's fees paid by the
Defendants shall remain confidential with respect to all parties and may only be disclosed pursuant to a valid court order or public records request.
SO ORDERED this the 3rd day of April, 2019. s/ Daniel P. Jordan III CHIEF UNITED STATES DISTRICT JUDGE
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/s/ Paloma Wu
Paloma Wu Counsel for the Plaintiffs Mississippi Bar No. 105464 Southern Poverty Law Center 111 E. Capitol Street, Suite 280 Jackson, Mississippi 39201 Phone: (601) 948-8882 Facsimile: (601) 948-8885 E-mail: paloma.wu@splcenter.org
/s/ Michal Dutro
Michal Dutro For the Plaintiffs Mississippi Bar No. 102471 Disability Rights Mississippi 5 Old River Place, Suite 101 Jackson, Mississippi 39202 Phone: (601) 968-0600 Facsimile: (601) 968-0665 E-mail: mdutro@drms.ms

/s/ Pieter Teeuwissen
Pieter Teeuwissen Counsel for the Defendant Mississippi Bar No. 8777 Simon & Teeuwissen PLLC 621 East Northside Drive Jackson, Mississippi 39206-4942 Telephone: (601) 420-1188 Facsimile: (601) 362-8444 E-mail: pteeuwissen@bellsouth.net

 
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Henley Young Juvenile Justice Center Thirteenth Monitoring Compliance Report
December24, 2018
TheThirteenth Monitor’s Report Henley-Young Juvenile Justice
Leonard B. Dixon
Background See previous reports for background history and to become familiar with this consent decree.
Recommendations based on findings, observations and interviews Result of visit on July 26, 2018 and October 6, 2018 to October 8, 2018
Documentation provided and reviewed Jackson Fire Department Fire Inspection Report dated March 26, 2018 (Still no expiration date on license) Pre-Engineered Restaurant Fire Suppression System Report dated December 8, 2017 (Still no final approval) Food Establishment Inspection Report expires April 28, 2019 Food Service for breakfast only Henley-Young Juvenile Justice Center Organization Chart Maintenance Housekeeping Schedule from 2 am to 10 am 10 Staff injuries while restraining youth for past year Staff roster and schedule for administration and 3 shifts
Policies: 3.A.23 Anti-bullying signed by Johnnie McDaniel effective 10/27/17 3.A.24 Training Video Check in/out form.No effective or approved by date listed 8.A.1 Scope of Mental Health.No effective or approved by date listed 8. A.2 Suicide Prevention.No effective or approved by date listed 8. A.3 Individualized Treatment Plans.No effective or approved by date listed 8. A.4 Mental Health Screening Referral and Assessment.No effective or approved by date listed 8. A.5 Request for Services.No effective or approved by date listed 8. A.6 Treatment Teams.No effective or approved by date listed 8. A.7 Mental Health Emergency.No effective or approved by date listed 8. A.8 Psychiatric Services.No effective or approved by date listed 8. A.9 Clinical Record Keeping.No effective or approved by date listed 8. A.10 Substance Use Screening and Treatment.No effective or approved by date listed 8. A.11 Confidentiality of Mental Health Records and Information.No effective or approved by date listed
Notification of Due Process Hearings: October 1 – Resident D. M. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision) September 6 – Residents J.N. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision) September 5 – Resident R.B. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
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September 6 – Resident C.M. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
September 6 – Resident T.W. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
September 13 – Resident T.W. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
September 13 – Resident T. A. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
September 21 – Resident F.J. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
September 18 – Resident T.A. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
September 28 – Resident J.N. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
August 23 – Resident M.J. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
August 23 – Resident F.J. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
August 23 – Resident T.L. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
August 23 – Resident J.N. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
August 22 – Resident C.B. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
August 14 – Resident X.T. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
August 6 – Resident T.W. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
Hinds County Employee Compensatory Time Report: ran date January 2018, June 2018, August 2018 and one without a date Receiving Reports from Bob Barker for purchase orders for July 9, 2018 Departmental Budget for 2019 with attachments:
 Letter from HC Board of Supervisors to Burnside regarding budget for FY 2019  Budget from 2017 – 2018 to 2018 – 2019 Quality Assurance emergency Preparedness Audit Checklist dated September 26, 2018 Quality Assurance Monthly Incidents Reports for months:July, August, September, October,2018
Daily Rostersheets for months: June 2018 (missing 1-3, 5, 9-10, 14, 16-17, 20, 23-24, 28-30) * all dates included have Sheets for Juveniles Charged as Adults attached July 2018 (missing 1, 4, 7-8, 10-12, 14-15, 19, 21-23, 28-29) * all dates included have Sheets for Juveniles Charged as Adults attached August 2018 (missing 4-5, 11-12, 18-19, 25-26) * all dates included have sheets for Juveniles Charged as Adults attached
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September 2018 (missing 1-2, 8-9, 15-16,18, 22-23, 29-30) * all dates included Half sheets for Juveniles Charged as Adults attached
October 2018 (missing 6-7) * all dates included have sheets for Juveniles Charged as Adults attached
Visitation Logs July 2018 (dated 7, 8, 14, 15, 21, 22 and 29) August 2018 (dated 4, 5, 6, 11, 12, 18, 19, 25 and 26) September 2018 (dated 1, 2, 8, 9, 15, 16, 22, 23, 29 and30) October 2018 (dated 6 and 7) **1 sheet with no date, visitor information or escorting officer completed
Daily Recreation Schedule for 4 units (no time period Quality Assurance Audit Reports on:
Behavior Point Sheet not dated Facility Review not dated Master File Audit “on August 8, 2018” Observation Forms not dated Intake & Admission “on August 21, 2018” Facility Review “within days of July 10-12, 2018” Security Searches not dated Monthly Drills not dated Quality Assurance Resident Master File Audit: Resident C.Y. File Number 58114 audited August 8, 2018 Resident K. L. File Number 57774 audited July 30, 2018 Resident N.T. File Number 56146 audited July 31, 2018 Resident J.D. File Number 58111 audited August 7, 2018 Resident K. H. File Number 58112 audited August 7, 2018 Resident J. W. File Number 58113 audited August 7, 2018 Tornado and Natural Disaster Drill Logs: September 2018
Fire Drill on Unit(s) D, B at 0943-0946 dated September 30, 2018 Tornado Drill on Unit(s) A, C at 1041-1045 dated September 30, 2018 Fire Drill on Unit(s) A, C at 1258-1302 dated September 30, 2018 August 2018 *Memo stating 2nd and 3rd shift noncompliance with drills dated September 4, 2018 Fire Drill on Unit(s) C, D at 1151-1153 dated August 26, 2018 Fire Drill on Unit(s) A, B at 1217-1219 dated August 26, 2018 Tornado Drill on A, B at 1215-1217 dated August 26, 2018 Tornado Drill on C, D at 1147-1150 dated August 26, 2018 Tornado Drill summary dated August 1, 2018 Fire Drill summary dated August 15, 2018 July 2018 Fire Drill summary dated July 19, 2018 Quality Assurance Audit Reports for months/dates: September 2018 Restraint by type table Suicide watch log total 14 residents
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Suicide attempt/self-injuryetc. table Incident by month graph total 43 incidents Confinement hours table/graph Use of force incident table totaled15 incidents Incident by shift graph total Incident by location Resident monthly totaled 753 August 2018 Restraint by type table Suicide watch log total 12 residents Suicide attempt/self-injuryetc. table Incident by month graph total 30 incidents Confinement hours table/graph Use of force incident table totaled 7 incidents Incident by shift graph total Incident by location Resident monthly totaled 754 July 2018 Restraint by type table Suicide watch log total 16 residents Suicide attempt/self-injuryetc. table Incident by month graph total 33 incidents Confinement hours table/graph Use of force incident table totaled 12 incidents Incident by shift graph total Incident by location Resident monthly totaled 648 Quality Assurance Daily Population Record: September 1, 2018 to September 30, 2018 August 1, 2018 to August 31, 2018 July 1, 2018 to July 31, 2018 Due Process Confinement Log: September 2018 – 20 residents August 2018 – 26 residents July 2018 – 25 residents Use of Force Incidents Log: September 2018 – 15 incidents August 2018 –7 incidents July 2018 – 12 incidents Quality Assurance Monthly Incidents: September 2018 – 43 incidents August 2018 – 30 incidents July 2018 – 33 incidents HYJJC Mental Health Department Order Summary Phone call logs 2018: Payton Pod dated:
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June 25 July 2, 9, 16, 23, 25, 30 August 1, 6, 8, 13, 15, 20, 22, 27, 29 September 3, 5, 10, 12, 17, 19, 24, 26 October 1, 3, 8 Ossie Davis dated: July 4, 11, 18, 24, 26, 31 August 2, 7, 9, 14, 16, 21, 23, 28, 30 September 4, 11, 13, 18, 20, 25, 27 October 2, 4, 9 (then states 7/2 and 7/5) Harriet Tubman dated: July 3, 17, 24, 31 August 7, 14, 16, 21, 23, 28, 30 September 4, 6, 11, 13, 18, 20, 25, 27 October – no sheet given J.F.K. dated: July 18, 26 August 1 Training sign in sheets for months: New employee orientation dated September 20, 2018 to September 28, 2018 (7 employees) Suicide Refresher dated September 4-September 6, 2018 (24 employees) Mysis Refresher dated September 18-September 19, 2018 (16 employees) Behavior Points/Management Confinement dated August 29-31, 2018 (35 employees) Peace Officer Standards and Training signed September 18, 2018 (19 staff not certified) HYJJJ Monthly Grievances submitted: July 2018 – 10 grievances submitted by residents August 2018 – 5 grievances submitted by residents (2 does not have a resolution; 1 isnot signed September 2018 – 2 grievances submitted by residents October 2018 – 3 grievances submitted by residents HYJJC Resident Incident Report/Use of Force/Unusual Incident Reports October 2018 – 1 resident (includes only checklist and unusual incident report) September 2018 – 27 residents (includes some checklists, witness statements and
Medical forms) August 2018 – 6 residents (includes some checklists, witness statements and
Medical forms) July 2018 – 17 residents (includes some checklists, witness statements and
Medical forms) JCA Resident Incident Report/Use of Force/Unusual Incident Reports
September 2018 – 17residents (includes some checklists, witness statements and Medical forms)
August 2018 – 13residents (includes some checklists, witness statements and Medical forms)
July 2018 – 30 residents (includes some checklists, witness statements and Medical forms
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JCAA Names of resident previous detained (there is not dates given just a handwritten list with 16 residents)
Letter regarding Hinds County Juveniles (JCAs) enrolled in the Jackson Public School District/Other School Districts of Mississippi dated July 11, 2018 Memo to Detention Supervisors/Sr. Officers regarding observation sheets dated August 14, 2018 from QA department Memo to Eddie Burnside regarding floor officers dated July 23, 2018 from QA department
Staff Interviewed Tisha McClendon, 5 years Andrianne Lewis, ½ month Brenda Felix, QMHP Ferniece Galloway, Youth Support Specialist Allen Hines, Training Coordinator Acting, 1 year Victor Johnson, Recreation Coordinator, 2 years and 5 months Eddie Burnside, Operation Manager Eric Dorsey, QA Manager Carnella Davis, RN QCHC Dr. Nanetta Payne Clinical Psychologist
Youth Interviewed Resident M.J. 16 years old Resident S.E. 16 years old Resident X.T. 17 years old Resident C.M. 14 years old Resident C.B. 17 years old Resident J.P. 15 years old Resident T.G. 12 years old Resident T.A. 17 years old
Introduction
This report is on my thirteenth (13th) official visit to the Henley-Young Juvenile Justice Center and the progress made since my previous visit. On July25 and 26, 2018 and from October 6, 2018 to October 8, 2018, I conducted an official inspection and review of the facility. In this report, I have detailed my findings from my visit which are based on the following criteria: 1) observations, 2) interviews,3) subject matter expertise in operating juvenile institutions, 4) best practices in juvenile justice, 5) document reviews, and 6) video and audio reviews.
It should be strongly noted that the culture of the Henley Young facility continues to improve. With the support of the County Administration, the Hinds County Board of Supervisors, the board attorneys, the facility administration and staff appear to have a level of profundity and insight now that was not there in the past as it relates to the operations of the detention center. The juvenile courts and the facility have built a strong relationship and are collaborating with the best interest of youth detained at Henley Young. From the beginning of this process (the consent
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decree) to where the facility is now is an indicator of significant progress. For the facility to have numerous turnovers in leadership, a lack of cooperation with the juvenile court, funding that bordered on negligence, and a non-professional understanding of the operations of the juvenile detention facility, the County is doing an outstanding job. Although, the County still has areas to address (i.e. developing stronger mental health and education systems) the pieces of this puzzle (juvenile detention) are coming together. Juvenile detention is a very complex and difficult system to operate even in the best of systems. These juvenile detention facilities are not automotive assembly plants. These are living breathing individuals with a variety of multifaceted problems that were not addressed prior to them arriving at these facilities.Nevertheless, there problems should not get worse during theirstay in detention. Once a problem has been identified services should beprovided by the appropriate professionals in and outside the facility. Juvenile detention is a system that requires patience, a practical andsystematic understanding of dealing with adult and juvenile behavior. It also requiresthe ability to make good decisions which are immediate, in addition todevelopedongoing training for staff and programming for youth. In my experience working with this facility from the beginning of this process until now the tone and culture at Henley Young has improved for the better.
The facility now needs to hire Dr. Payne as a full-time clinical psychologist in addition to working with the school to develop a practical program for juveniles and juveniles charged asadult (JCAs). In working with Dr. Payne, Dr. Boesky and I agree that she would be a tremendous benefit to the facility and Countyin developing a good mental health program for youth at Henley Young. I have done in-depth interviews with youth and they too are supporters and agreethat ‘Dr. Payne is great’ (their words). Her ability to engage youth and provide them with alternative ways of addressing their problems was amazing to me. Her understanding of the cultural dynamics of youth entering Henley Young is an asset to both the facility and the county. She can develop the type of mental health program that could be modeled in Mississippi. Her ability to address kid’s needs without high levels of medication prescribing is thoughtful and holistic. During my interviews with several kids they also agreed that their meetings with Dr. Payne provided them with a better understanding of their problems and they didn’t feel the need for the psychiatric medication. However,with there beinga lack of child psychiatrist or psychiatrist in general in the area it is recommended that the county meet with their medical provider to provide more psychiatric hours. See Dr. Boesky’s most recent report.
Facility and Operational Culture The Henley-Young facility continues to improve in allits provisions. With the arrival of the JCAs, their integration into the regular juvenile detention programming was a difficult transition. However, during this visit the JCAs are becoming more and more a part of the facility programming. In my interviews with staff and youth they are becoming more and more comfortable with the day-to-day operations. In the beginning most of the JCAs were not attending school. However,during my interviews and observation that has generally changed andmost of the JCAs are now attending school. It should be noted that this would be a difficult transition for any facility, however, through consultation and work on the part of the facility administration the culture at the facility has become more stabilized. It should be notice that although the facility has been without a director for the last few months, the OperationsManager, the QA manager, along witha County administration; have held the
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facility together and continue to move the facility in a positive direction.It should be noted that the Operation Manager and the QA Manager have been the constant through-out this process an should be commended for their role in the facilities progress.
Changing institutional cultures do not happen overnight especially one that was as drastic as the moving of juveniles charged as adults(JCA-s)into a juvenile facility program where the average length of stay was 21 days andis now changed to an average length of stay being 365 days plus. As stated in my introduction it is critical now to hire Dr. Payne from part-time to full-time and allow her to continue to develop the mental health program. This should be done immediately.
During this visit and through interviews, observations, and document review, I found that all youth are receiving recreation and involved in other facility activities developed by the recreational staff. I also found that the use of mechanical restraints for JCA-s when involved in outside activities has stopped. Additionally, I found that case managers and Q-MHP’s are engaging youth and building relationships with them. Now there needs to be a development of behavior plans that will help determine youth goals and objectives during their stay at Henley Young. Further, the facility has revamped the confinement policy to conform to the consent decree.
As stated in my previous report, the facility must continue to focus on the following:
A. Adequately training staff-I won’t belabor the issue, -continuous training is necessary to ensure staff members are familiar with facility changes, new and innovative ways to ensure the facility continues moving in the right direction, using outside trainers to help the administration and staff see and hear different professionals in the field. I am still recommending training with control force and the development of a restraint team (Please see my previous report) as it relates to JCA-s and training.
B. Hiring and train case managers – Dr. Boesky has provided training to case managers and Q-MHP’-s at the facility. The facility should now hire Dr. Payne full-time to ensure that the mental health program, policies and procedures and services are structured and continued. I will again review the program on my next visit.
C. Implementation of mental health programs – The facility still needs to hire a full-time clinical psychologist PhD level. (SeeDr. Boesky’s most recent report) The county needs to move Dr. Payne from part-time to full-time. There’s not much discussion in this area.
D. Develop MOU with Jackson Public Schools – During my technical assistance visit, the facility administration, several County supervisors, the County administrator and County attorneys traveled to New Orleans Louisiana to review several juvenile educational programs. These programs were geared specifically for juveniles who are incarcerated in the county jail and juvenile detention center. Dr. David Domenici operates both education programs and they were quite impressive. However, until such time as the education program at the Henley- Young changes overto fully incorporate all residents into their school system the Jackson Public school system must find a way to integrate juveniles
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and JCA-s into their educational programing. An MOU must still be developed with the Jackson Public school system. As stated in my previous reports, education is part of the daily programming of an institution specifically a juvenile institution. Most juvenile defendants are already below grade level which has been bared out through juvenile facility data;consequently, education as a part of the facility programming should be a high-priority for the school system and the county. At some point, these youth will be returning to the community. As I have stated in my previous reports JCA-s are part of the facility and must be a part of the daily education program. Please see Ms. Brooks’ most recent report.
E. Develop recreation programs and purchase additional equipment for youth– The facility continues to do a good job in providing recreation for male and female residents. They should be commended from a recreational aspect.
F. Update cameras and intercom systems - The facility continues to work on these areas. The camera and intercom systems are critical for safety and security of staff and youth and vital for investigations. The County still needs to work on this matter.
G. Continue to improve medical system – See Dr. Ezike most recent report.
H. Renovate and redesign unused space – Again based on my review the county has made no inroads or provided any support for changes.
I. Continue to maintain cleanliness and repairs of the facility –Again the County should continue to support the cleanliness of the facility and provide needed repairs and maintenance. The County has done an outstanding job from the beginning of the process to present and is to be commended. It should be noted that continuous cleaning and maintenance and repairs are always a must for facilities to maintain their operational integrity.
J. Develop an adequate case management system–Dr. Boesky has provided training to the Q-MHP’-s and case managers. The County now needs to hire a full-time clinicalpsychologist to oversee the case management system. The facility has a case management system in place and has new policies and procedures.
K. Develop and maintain adequate data collection system– Again the County needs to develop anIT system that will collect and assist the facility with processing data.A Project Manager and IT person is needed to help develop the type of information systems needed. (See my previous report).
Facility Staffing The facility continues to hire and fill vacant positions.As I have recommended in my last report the facility needs to take several positions and convert them to a Restraint Team (RT’-s). Again, there is a national organization Control F.O.R.C.E Inc. that can assist the county in training this new team. Based on my knowledge of the county system, this may be an organization that the County may also want to use for training in their adult system. (Please see my previous report).
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Training Again, the facility should continue its training program.
Building Cleanliness/Environmental Issues/Maintenance See previous report.
Professional Standards of Care/Sustainability See previous report.
Mental Health See Dr. Boesky’s most recent report.
Suicide Prevention See Dr. Boesky’s most recent report.
Behavior Management/Isolation During my most recent visit, in conjunction with interviews,I found behavior management and isolation with JCA’-s has reduced significantly. In my document review and my interviews with youth, all revealed that the uptick I saw during my last review has been reduced. I found no indication that shackling was still being used for JCA’-s or juveniles. Based on my review of documentation and interviews, I also found no indication that youth were being locked down and shackled during recreation. What I did find doing this review, was that the facility was following the behavior management isolation policy that was revised in August 2018 to address the agreedupon consent decree. Again, doing this most recent review, I found no indication that shackling, and isolation of JCA-s werethe practice as indicated in my previous report. The facility appears to be calming down after the initial shock of JCA’-s being transferred into the facility. The facility now appears to have a consistent process in place for behavior management/isolations.
Medical, Medication Review & Disposal Please see Dr. Ezike’s most recent report.
Food Service Based on my review, observation and discussion with youth, the food service program is doing quite well. The only problem youth complain ofwas“they wanted more”. This program has come a long way as it relates to food service. The vendor should be commended.
Below are the compliance ratings and summary of ratings used in this report. However, as stated above, the facility continues to make progress on provisions.
Please note again that some of the comments and recommendations in the provisions are restatements of previous reports because in those areas minor or some movement has been made. The Director should use these comments as a road map to continue developing the facility plan. He should also continue to develop comprehensive corrective action plans for guidance. That plan should have the following:
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A. Clearly state the problem or weakness, including the root cause
B. List the individuals who will be accountable for the results of the corrective action plan
C. Create simple, measurable solutions that address the root cause
D. Each solution should have a person that is accountable for it
E. Set achievable deadlines
F. Monitor the progress of the plan
The graph below has been included to show the progress made thus far on the 71 provisions:

Compliance Summary

40

35

30 20 10

30 25
13 3

30
17 15 9

28

26

22 23

18 11 14

17 17 11 13 13

29 22
14 6

29 20 17 5

30 5 1

0

Report 6 Report 7 Report 8 Report 9 report 10 report 11 report 12 report 13

NC BC PC SC

Compliance Code Measurements
Substantial Compliance(SC): Practices follow the county-approved policies, training materials or other documents; practices follow policy with rare exception and exceptions lead to corrective action; trained staff fill all positions and vacancies are filled within 3 months; the County has completed work in an acceptable manner; policies, procedures and practice and training are fully operational and quality-assurance audited and audit exceptions lead to corrective action; outcomes meet or exceed agreement requirements.
NOTE: Provisions labeled (SC*) will be or were eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.
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Partial Compliance (PC): Policy and procedure is implemented in some but not all locations or times; staff are hired but not trained; the County is working on implementation, but tasks are not completed; system implemented at some but not all locations or times, outcomes meet or exceed agreement requirements some of the time and in certain area.
Beginning Compliance (BC): Policy and procedure is written by the county but has not been implemented; funding and hiring authority are approved by the County but positions are not filled; training materials prepared and approved by the county, but training has not started.
Non-Compliance (NC): No action taken, and immediate steps needed to maintain schedule or prevent further delay. A policy may exist, but the policy may need significant revision or modifications and rarely translates into practice.

Provision 1.(1) 1.(2) 1.(3) 1.(4) 1.(5) 1.(6)

Intake All Residents Admitted to Henley Young MAYSI-2 Mental Health Screening Prescription Medications Meal Compliance Telephone Usage Strip Search Policy

10th Report
NC NC BC SC* SC* PC

11th Report
BC BC BC SC* SC* PC

12th Report
BC BC BC SC* SC* PC

13th Report
PC PC BC SC* SC* PC

Provision 2.(1) 2.(2) 2.(3)

Staffing and Overcrowding Direct Care Staff Ratio Maximum Capacity Adjustment One-Person Cell

BC

SC

SC

SC

SC*

SC*

SC*

SC*

SC*

SC*

SC*

SC*

Provision 3.(1) 3.(2)
3.(3) 3.(4) 3.(5)

Cell Confinement Structured, Rehabilitative & Educational Programming Appropriate Access to Living Unit
Dangerous Residents Isolation Direct Care Staff on Units

PC BC 10th Report BC PC
PC

PC PC 11th Report BC SC
SC

PC PC 12th Report BC SC
SC

PC SC 13th Report PC SC
SC

Provision

Structured Programming

4

Educational, Rehabilitative, and/or Recreational Programs

BC

PC

PC

PC

Provision

Individualized Treatment Plans/Treatment

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Program for Post-Disposition Residents

5.(1) Residents Access to Adequate Rehabilitative Services

NC

BC

PC

PC

5.(2) Health and/or Substance Abuse Treatment

NC

BC

BC

SC

5.(3) Treatment Plans

NC

BC

BC

BC

5.(4) Review of Individual Treatment Plans

NC

BC

PC

PC

5.(5) Evening and Weekend Programs and Activities

NC

BC

PC

SC

5.(6) Quality Assurance Program

PC

PC

PC

PC

Provision

Disciplinary Practices and Procedures

6.(1) Implement a Discipline Policy and Practice

6.(2) Policy for Residents Violations

BC

PC

PC

PC

BC

PC

PC

SC

Provision 7.(1) 7.(2) 7.(3)

Use of Restraints Mechanical Restraints Mechanical Restraints – Transportation Misuse of Mechanical Restraints

SC

SC

SC*

SC*

SC

SC

SC

SC

SC

SC

SC*

SC*

7.(4) Mental Health – Use of Mechanical Restraints

BC

BC

BC

PC

7.(5) No Restraint Chairs, Chemical Restraints and/or Tasers SC*

SC*

SC*

SC*

7.(6) No Hogtying in Facility

SC*

SC*

SC*

SC*

7.(7) Mechanical Restraints – One-On-One Supervision

SC

SC

SC*

SC*

7.(8) Mechanical Restraints – Notice to Medical Professional SC

SC

SC

SC

7.(9) No Electronic Restraints

SC*

SC*

SC*

SC*

7.(10) No Firearms in Facility

SC*

SC*

SC*

SC*

Provision

Use of Force

8.(1) No Misuse of Use of Force

8.(2) Notice to Medical Professional After Use of Force

BC

PC

PC

PC

PC

PC

PC

PC

Provision 9.(1) 9.(2) 9.(3)

Meals and Nutrition All Meals and Snacks Must Be Nutritional Comply with Nutrition Guidelines Provide Drinking Water Throughout the Day

PC

SC

SC

SC

PC

SC

SC

SC

SC

SC

SC

SC

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Provision

Clothing

10

Provide Basic Clothing Items

10th

11th

12th

13th

Report Report Report Report

SC

SC

SC

SC

Hygiene and Sanitation

11.(1) Provide Appropriate Hygiene Products

SC

SC

SC

SC

11.(2) Provide Sleeping Mats and Blankets

SC

SC

SC

SC

11.(3) No Deprivation of Mats and Blankets

SC* SC* SC* SC*

11.(4) Enough Sanitary Mats and Blankets

SC* SC* SC* SC*

11.(5) Clean and Sanitary Environment

PC

PC

PC

SC

11.(6)

Fire Safety, Weather Emergencies, Sanitation Practices, Food Safety, and Provide Safe Environment

PC

PC

PC

PC

11.(7) Clean Drinking Glasses and Eating Utensils

SC

SC

SC

SC

Provision

Medical Care

12.(1) Provide Residents with Adequate Medical Care

BC

BC

BC

BC

12.(2) Provide Medical Professional When Needed

BC

BC

BC

PC

12.(3)

Implement a Sick Call Policy to Ensure 24 Hour Services

BC

BC

BC

PC

12.(4)

Prescription Medications Only Dispensed by Medical Staff

BC

BC

BC

PC

12.(5) Provide Medical and Mental Health Services

BC

BC

BC

PC

12.(6)

Proper Monitoring Residents Who Require Individualized Attention

BC

BC

BC

PC

Provision 13.(1) 13.(2)
13.(3)
13.(4) 13.(5)
13.(6)

Mental Health Care Provide Adequate Mental Health Care Residents and Psychotropic Medications Within 72 Hours of Admittance Complete an Individual Mental Health Treatment Plan Implement Policies and Procedures for Referrals Enough Psychiatric Services Psychiatrist and/or Counselors to Record Review to Ensure Proper Care

NC

NC

BC

PC

NC

NC

NC

PC

NC

NC

NC

BC

NC

NC

NC

PC

NC

NC

NC

PC

NC

NC

NC

NC

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Provision 14.(1) 14.(2)
14.(3)
14.(4)

Suicide Prevention Multi-tiered Suicide Prevention Policy Evaluate Highest Level of Suicide Watch Every 12 Hours by Medical Professional Closely Monitor Suicide Watch Residents During All Activities Court Shall be Notified Within 24 Hours of Any Residents on Suicide Watch

10th Report
BC BC

11th Report
BC BC

12th Report
BC BC

13th Report
PC PC

BC

BC

BC

PC

BC

BC

BC

PC

Provision 15.(1) 15.(2) 15.(3) 15.(4)

Family Support and Interaction Visitation Shall Not Be Restricted or Withheld Provide Accommodations for Contact Visits Visitation Shall be Regularly Scheduled Phone Calls Shall be Allowed Based on Policy

SC* SC* SC* SC*

SC* SC* SC* SC*

SC* SC* SC* SC*

PC

PC

PC

PC

Provision

Miscellaneous Provisions

16.(1) Provide Equal Access to All Services

PC

SC

SC

SC

16.(2)

Provide the Opportunity to Participate in Large Muscle Exercise Every Day

BC

PC

PC

SC

16.(3)

Prohibit the Use of Profanity in the Presence of Residents

BC

BC

BC

PC

16.(4) Provide Adequate Grievance Policy

PC

PC

PC

PC

16.(5)

Provide Residents of All Ages with the Opportunity to See Their Attorney and/or Residents Court Counselor

BC

BC

BC

BC

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The following are my observations and recommendations specific to the provisions of this agreement. It should be noted that my introductory comments are integral measures of the provisions and should be such.

1. Intake
Provision1.1 Intake
Status Discussion

All residents admitted to Henley-Young shall receive a health screening, within 1 hour of admission or as soon as possible as reasonably thereafter, by appropriately trained staff as required by Mississippi Code Annotated § 43-21321. Information obtained during the screening shall include, but shall not be limited to, the juvenile’s: (a) Mental health; (b) Suicide risk; (c) Alcohol and other drug use and abuse; (d) Physical health; (e) Aggressive behavior; (f) Family relations; (g) Peer relations; (h) Social skills; (i) Educational status; and (j) Vocational status.” Mississippi Code Ann. § 43-21-321(1). During this screening, Henley-Young shall obtain information regarding the resident’s educational status by having the residents or intake officer complete an education screening form developed and provided by the Jackson Public School District.
PartialCompliance
This provision has moved to partial compliance. Although the facility has developed policies and procedures there is now a need to hire a full-time clinical psychologist to oversee the QMHP’-s and case managers. As stated in my previous report, with the entering of JCAs into the facility and because of their level of maturity and sophistication, there is a need to ensure adequate mental health services are provided. Dr. Boesky has been very clear on the need for a full-time doctoral level clinical psychologist to oversee the mental health services at Henley Young.

Dr. Boesky has provided training and updated her report and recommendations based on her most recent visits. Again, as Dr. Boesky made clear in my last report, there is a need to have more strength-based questions added to the intake screening process. Therefore, the need for a full-time clinical psychologist and with this need being aggressively repetitive in these reports the hiring of this person needs to happen immediately to move this provision to substantial compliance.Please see Boesky’s most recent report.

Recommendations

There continues to be youth who are entering the facility who are identified based on the MAYSI-2 screening as suicidal and a mental health risk that are not being addressed.
1. Full developadmitting policiesand procedures to reflect provision. 2. Ensure all staff who admit residents are properly trained 3. Develop training records (Executed) 4. Provide documentation in an organized way on residents being
screened/admitted (files) (Executed) 5. Hire Doctoral Level Clinical Psychologist.

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6. Ensure all residents’ records are available for my review with all areas of the provisions placed in the resident’s file (Executed)
7. Dr. Boesky has provided an updated report, recommendations and training based on her last visit. (Executed)

Evidentiary Basis Document review, observation, interviews

Provision 1.2 Intake
Status Discussion

All residents shall receive a MAYSI-2 mental health screening upon admission, as required by Mississippi Code Annotated § 43-21-321. The screening will be conducted in private by appropriately trained staff of Henley-Young. If the screening indicates that the residents is in need of emergency medical care or mental health intervention including, but not limited to, major depression, suicidal ideation, withdrawal from drugs or alcohol, or trauma, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation immediately or as soon as reasonably possible.
PartialCompliance
This provision has moved to partial compliance. Although the facility has initiated the new MAYSI-2 screening tool,the County still needs to hire a doctoral level clinical psychologist to oversee the mental health professionals (QMHPs) and case management staff. The hiring of a doctoral level full-time professional is critical to the success of the mental health program.

Again, Dr. Boesky has provided training and recommendations. Please see her report based on her most recent visit to the facility.

Continue to develop and follow mental health plan that Dr. Boesky has recommended

Recommendations

1. Develop comprehensive policy and procedures for this provision. (Executed)
2. Develop resident files that are organized and arranged properly (Executed)
3. Develop training and provide documentation of training (Executed) 4. Identify person or person(s) whose responsibility it is to score the
instrument (Executed) 5. Provide documentation on who reviews the instrument and note
what services are provided for the residents in the facility and what services should continue when the residents leave the facility 6. Develop process whereby facility staff and court employees develop a system for the sharing of information and reviewing of residents’ files which are centrally located and accessible to detention staff. 7. Develop plan of action for follow-up services upon a youth’s release

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Evidentiary Basis

8. See Dr. Boesky updated report and recommendations based on her last visit.
9. Add drug, Alcohol and Trauma to the screening. 10. Hire full-time clinical psychologist.
Document review, observation, interviews

Provision 1.3 Intake
Status Discussion

Prescription medications will be secured for all residents who have a valid, current prescription within 8 hours of admission, if possible, but in no case, longer than 24 hours after admission, including weekends and holidays. If during a resident’s detention, a medical professional either prescribes a new medication or renews a resident’s previous prescription medication, HenleyYoung will secure the prescription medication within 8 hours of receiving the prescription, if possible, but in no case, longer than 24 hours after receiving the new prescription, including weekends and holidays. Henley-Young shall secure and/or purchase all prescription medications prescribed to confined residents.
Beginning Compliance
This provisionremains at beginning compliance. According to Dr. Eike’s most recent report the transition to Quality Correctional HealthCare (OCHC), a vendor with experience delivering healthcare in correctional settings, has provided a stable framework for creating an effective healthcare delivery system. However, policies and procedures still should be developed, and language geared more towards juvenile care. In addition, according to Dr. Ezike the draft manual as it relates to intake procedures poorly reflects the actual process that takes place. Also, she found no evidence or example that the draft policies and procedure statements are part of thefacilities consistent practice. Please see report. The medical department has come a long way from prescriptions being stored in a McDonald’s bag. Now the provider QCHC must ensure that they are following the policies and procedures they have developed.

Recommendations

1. Hire a Medical Doctor, physician’s assistant or a practitioner. This person must be involved in developing the medical department andto direct medical care. (Executed QCHC)
2. Maintain written policy and procedures or protocol for this provision and ensure that they are followed and reflect the actual process
3. Document staff training on distribution and side effects of medication 4. Provide documentation on efforts to obtain prescription drugs 5. Dr. Ezike has provide an updated report and recommendations based on
her most recent visit.

Evidentiary Basis Document review, observation, interviews

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Provision 1.4 Intake
Status
Discussion

Upon admission to Henley-Young, all residents shall be offered a snack or meal in compliance with the United States Department of Agriculture’s School Meals Program standards.
Substantial Compliance*
The facility has maintained substantial compliance on this provision based on my observation, interviews and review.

Recommendations

Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation, interviews

Provision 1.5 Intake Status Discussion
Recommendations

Upon admission to Henley-Young, all residents shall be permitted to telephone a parent or legal guardian free of charge and to take a shower before being placed on the pod.
Substantial Compliance*
The facility has remained at substantial compliance on this provision, based on my observation and review.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation, interviews

Provision 1.6 Intake
Status Discussion

Within 60 days of the date of this agreement, Henley-Young shall develop and implement policies that limit strip searches to instances where Henley-Young staff has an articulable suspicion that a resident may possess weapons or contraband. Anytime a strip search is conducted, Henley-Young staff must document, in writing, their suspicion, obtain permission from a supervisor, and conduct the search in a manner that minimizes the intrusion into the resident’s privacy.
Partial Compliance
The status of this provisionremains at partial compliance. See my previous reports and my discussion on safety and security. There is still occasional contraband entering the facility based on my interviews and document review.

Recommendations 20

1. Staff must be provided with the necessary training with information stating the trainer, name of the training class/course, time, date and

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Evidentiary Basis

location of training. 2. This documentation should be kept and logged in facility records. 3. Continue to provide enough staff for adequate coverage 24/7. 4. Ensure contraband does not enter the housing and secure areas of the
building
Document review, observation, interviews

2 Staffing and Overcrowding

Provision 2.1 Staffing and Overcrowding

Within 90 days of the date of this agreement, Henley-Young shall operate with a direct care staff to resident ratio of 1:8 from the hours of 6:00 a.m. until 10:00 p.m. and a ratio of 1:10 from the hours of 10:00 p.m. to 6:00 a.m.

Status

Substantial Compliance

Discussion

This provision remains at substantial compliance as it relates to direct care staffing. However, the Doctor of Clinical Psychology is needed immediately on a full-time basis.

Recommendations Units

Day Shift Evening Shift Night Shift Total

A officer

3

3

2

8

B officer C officer

3

3

2

8

3

3

2

8

D officer

3

3

2

8

Intake

1

1

Master Control

1

1

Staff for Court

Transportation

2

2

Internal

Transportation

2

2

Laundry

2

2

*Director

1

*Deputy Director

1

*Operation

1

Manager

Supervisors

3

3

26

23

Duty Post Staffing/Administration

1

3

1

3

4

4 4

2

8

12

61

61 Direct care/supervisor/laundry staffing X 1.5 Relief Factor—Total staff

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needed to effectively operate the facility—91.5 1 to 8 Awake—1 to 10 Sleep

Misc. post coverage Medical/MH Hospital Runs One on One MH/Medical Visitation *Administration *Maintenance

Doctoral Level Clinical Psychologist

Evidentiary Basis

See December24, 2017 Memoranda on Reduction/Appropriation of staffing and incentives.
Document review, observation, interviews

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Provision 2.2 Staffing and Overcrowding
Status Discussion

If the staff-to-resident’s ratio falls below the requirements of section 2.1 for longer than two (2) days, the Director or his assignee shall immediately identify residents accused of nonviolent offenses who are eligible for less restrictive alternatives to secure detention and request an emergency release for eligible residents from the appropriate Residents Court. The maximum capacity of Henley-Young shall be calculated by determining how many direct care staff members can supervise residents in accordance with section 2.1. The current maximum capacity of Henley-Young is 84.
Substantial Compliance*
The facility continues to be in substantial compliance.

Recommendations Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.
Evidentiary Basis Document review, observation, interviews

Provision 2.3 Staffing and Overcrowding Status
Discussion

No more than one resident shall be placed in a one-person cell.
Substantial Compliance* The facility continues to be in substantial compliance on this provision.

Recommendations

Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation

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3 Cell Confinement

Provision 3.1 Cell Confinement

Residents shall be engaged in structured, rehabilitative, and educational programming outside of their cells during the hours of 7:00 a.m. to 9:00 p.m. each day, including weekends and holidays.

Status

Partial Compliance

Discussion

This provisionremains in partial compliance. During this visit and based on my interviews with youth, I found that most youth are attending school including some of the JCA-s, however several JCA-s were attending school on a half-time basis. According to the facility,JCA-s attending half days of school is based on maintaining safety and security. Nevertheless, the school reasoning for JCA-s attending half-day school was due in part that they were not in the Jackson Public school system therefore they were not required to enroll them in school program. Even if both statements are true, any youth housed at Henley Young should be provided a full education program during their stay. It’s just the right thing to do. As stated in my introduction, at some point, these youth will reenter the community and the county, and the school system has responsibility to educate them. I was advised during this visit that the facility is developing a GED program for JCA residents. A GED program would be great for this facility. It should be noted that although JCA-s were not attending school full-time they were not confined during their time out of the school program.

Recommendations

1. Update and maintain policies and procedures for this provision. Ensure JCAs are included in programming.
2. Review the schedules to be sure that they adequately reflect all daily activities. (Executed)
3. Develop positive behavior management systems with rewards and consequences for all youth including JCAs. (Executed)
4. Remove the dark film from the Plexiglas in towers on unit which would allow staff to view the unit without there being visual obstruction (when lights on). Executed
5. Develop monthly recreation and education schedules for all youth juvenile and JCAs. (Executed)

6. Purchase frames for facility activities and schedule(executed) 7. Hire recreation staff (Executed) 8. Fully develop award and incentive program (Executed) 9. Facility administrators documented walkthroughs 10. Also, see Ms. Brooks’smost recent report on school.

Evidentiary Basis Document review, observation, interviews

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Provision 3.2 Cell Confinement
Status Discussion

Except when residents are in protective custody or confined subject to section 3.3 of this Settlement Agreement, residents placed in the Suicide or Booking cells shall be allowed to spend the hours of 7:00 a.m. to 9:00 p.m. on the appropriate living unit and to have the opportunity to engage in structured, rehabilitative, and educational programming, unless medically counter-indicated.
Substantial Compliance
This provision has moved to substantial compliance. During my review of documents and observation, - and discussion with youth and staff, I found no indicationthat youth are being placed in the booking area for any confinement or living arrangements. The facility now needs to ensure it updates its data collection as stated in my introduction.

Recommendations

1. Continue to follow recommendations as set forth in section 3.1. (Executed)
2. Continue to maintain adequate policies and procedures for this provision. (Executed)
3. Develop data collection for residents who are placed in protective custody or confinement.
4. Residents who are removed from school should continue to be placed in a designated living area based on classification. (Executed)
5. Ensure JCAs are integrated into regular programming and only in this area of units and rooms when appropriate. (Executed)

Evidentiary Basis Document review, observation, interviews

Provision 3.3 Cell Confinement
Status Discussion

Residents who pose an immediate, serious threat of bodily injury to others may be confined in their cells for no longer than 12 hours at a time without administrative approval. Residents who are placed on cell confinement for this reason shall be released from their cells daily to attend school, maintain appropriate personal hygiene and to engage in one hour of large muscle exercise. Staff must perform visual checks on residents who are subject to cell confinement every 15 minutes. Staff must document all instances of cell confinement in writing and must document the justification for determining that a resident poses an immediate, serious threat of bodily injury.
Partial Compliance
This provision has moved to partial compliance. During my review of documents and interviews with youth and my observations; I found the facility is following the provision as set forth on confinement in the consent decree. On the other hand, the documents I reviewed showed an

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increase in youth violence during the months of August and September. However, since that time, the violence appears to have decreased. A review of documents revealed the facility documentation has improved greatly. It should be noted that 15-minute checks are being done and youth are not just given 24-hourconfinement as a normal course of discipline; they are also using counseling and restriction of privileges to correct behavior; which is what behavior management is intended to do. Using other alternatives as consequences for negative behavior is part of a continuum. In addition, several youths who were cited for a due process hearing where able to state their case and no consequences were given to them which is again the way the process should work. The facility has been utilizing the mental health professionals and youth supportto reduce disciplinary confinement. The facility has developed a team approach to confinement which includes utilizing mental health and case managers as youth advocates. With the addition of Dr. Payne,with her mental health acumen and her ability to work with youth and staff has strengthened the due process system at Henley Young. The facility has taken a while to get there as relates to confinement and due process as a system, but much credit should be given to the QA manager Eric Dorsey and his constant fine tuning of the system. This is outstanding work. I will review the systems again during my next visit to ensure systems are still functioning.

Recommendations

1. Continue to ensure staff is following policies and procedures for this provision. (Executed)
2. For residents placed in their rooms, ensure the forms that have been developed are being used to indicate the time residents will be in their rooms and post it on their doors.
3. Continue to ensure that supervisors sign off on the form in 15minute staggered visual checks when residents are placed in their rooms.
4. Continue to develop a system of major and minor consequences for behavior. (Executed)
5. Develop form for 15-minute checks and include in policy. (Executed)
6. Ensure JCAs are placed in regular programming (Executed) 7. Ensure JCAs are attending school and not in their rooms or units all
day. (Executed) 8. Ensure all documents required for due process/confinement are in
place operating as policy and procedure requires.

Evidentiary Basis Document review, observation, interviews

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Provision 3.4 Cell Confinement Status Discussion
Recommendations

Residents shall not be automatically subjected to cell confinement and/or isolation upon their admission to Henley-Young unless he or she would be subject to cell confinement under section 3.3.
Substantial Compliance
This provision remains at substantial compliance. I still found no indication that juveniles of being subjected to isolation upon admission to the facility. Therefore, I will review this provision again during my next visit to ensure the facility is still in compliance.
1. Continue to maintain adequate policies and procedures for this provision.
2. Continue to ensure all staff is trained and document training. 3. See provision 3.2/ 3.3 4. Continue to ensure practice is consistent with policy and procedure. 5. Continue to ensure there is adequate staffing and supervision for this
area

Evidentiary Basis Document review, observation

Provision 3.5 Cell Confinement
Status Discussion

At all times between the hours of 7:00 a.m. to 10:00 p.m., at least one direct care staff shall be stationed on any living unit where two or more residents are placed, and direct care staff shall be actively engaged with residents. From 10:00 p.m. to 7:00 a.m., staff shall conduct visual checks on residents every 15 minutes. Henley-Young shall ensure that every cell has an operating intercom that always allows residents to communicate with staff.
Substantial Compliance
This provision remains in substantial compliance. However, during this visit I found that several intercoms were not operating in youth rooms. During this visit, the maintenance department was waiting on components to repair these intercoms. I will review them again during my next visit to ensure that they are operable.

Recommendations

1. Continue to maintain adequate policies and procedures for this provision including JCAs into regular programming. (Executed)
2. Continue to maintain adequate staffing. (Executed) 3. Continue to maintain Provide adequate staff supervision.
(Executed) 4. See my last report 5. Continue to maintain and review the deployment of staffing
especially with JCAs in mind. (Executed) 6. Do more administrative unannounced visits during the night shift.

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Evidentiary Basis Document review, observation, interviews

Structured Programming

Provision 4 Structured Programming

Henley-Young shall administer a daily program, including weekends and holidays, to provide structured educational, rehabilitative, and/or recreational programs for residents during all hours those residents shall be permitted out of their cells, pursuant to section 3.1. Programming shall include:
a. activities which are varied and appropriate to the ages of the residents;
b. structured and supervised activities which are intended to alleviate idleness and develop concepts of cooperation and sportsmanship; and
c. Supervised small group leisure activities, such as a wide variety of card and table games, arts and crafts, or book club discussions.

Status

Partial Compliance

Discussion

The facility still maintains partial compliance. Again, the facility has done a very good job in developing programming for juveniles,and as stated in my last report this should continue. The facility has hired recreational staff who have developed a variety of activities. During my interviews with youth, my observations and my review of documents, reveal that the recreational program is structured with both male and female participating in various types of activities indoors and outdoors. However as stated in my introduction and in other provisions, education is a key program and youth should have the ability to participate in that specific program. The reason the education program is so important and a critical component of the facility, youth spend most of their day there. Consequently, it is a major component of facilities structured time. With all the other programming components in place, once the JCA-s are fullyintegrated into the education program, this provision should move to substantial compliance.

Recommendations

1. Continue to develop adequate policies and procedures for this provision, which includes JCAs.
2. Continue to provide adequate schedules for weekdays and weekend programming and act on it including JCAs.
3. Continue to develop an adequate monthly recreation schedule with age appropriate games and programs.
4. The facility needs to hire an officer dedicated to developing and monitoring recreational programs. (Executed)
5. Hire case management staff. 6. See recommendation on school in my introduction.

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Evidentiary Basis Document review, observation, interviews

5. Individualized Treatment Plans Treatment for Post-Disposition Residents

Provision 5.1 Individualized Treatment Plans Treatment Program for PostDisposition Residents

Henley-Young shall ensure that residents have access to adequate rehabilitative services. Henley-Young shall ensure that children placed in the facility post-disposition will receive constitutionally compliant rehabilitative services.

Status

Partial Compliance

Discussion

This provision remains in partial compliance. The facility has hired case managers and QMHPs. In my interviews with youth, they are meeting with the case managers and mental health staff and case managers are involved in facilitating meetings and providing advocacy for clients on their caseload. The facility as stated throughout this report must hire a PhD level full-time clinical psychologist to organize, direct, and help develop the individualized treatment plans as specified in this provision. There mustcorrespondingly be a system in place to ensure information is transferred when a youth leaves the facility. In addition, services and treatment plans must be signed off by a mental health administrator who is familiar and connected to the service providers in the community including the schools. Please see Dr. Boesky’s last report and my comments in my last report. It should be noted again that plans must be fully developed for the JCA-s who will spend more time at the facility. Because JCA-s may have more identified mentalhealth and health needs, and if they are transferred to a higher level in the criminal justice system, the receiving institution will need all the information available to service them.

Recommendations

The case managers need to also develop post dispositional plans as stated in the provision.
1. Continue to develop adequate policy and procedures to meet this provision to include JCAs.
2. Continue to review light weight residents in program (i.e. disturbing the family peace) and find alternative placement for them.
3. Hire 3 case managers who are assigned and work for the facility director. (Executed)
4. Hire case management staff. (Executed) 5. See Dr. Boesky’s report

Evidentiary Basis Document review, observation, interviews

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Provision 5.2 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall ensure that residents in need of mental health and/or substance abuse treatment and/or who are in the facility post disposition shall have appropriate treatment plans developed and implemented in accordance with generally accepted professional standards of practice for mental health and rehabilitative services.
Beginning Compliance
The status of this provision remains in beginning compliance. Please see Dr. Boesky and Dr. Ezike’s most recent reports.

Recommendations

1. Continue to develop adequate mental health policies and procedures for this provision to include JCAs.
2. Develop case management policies and procedures 3. See recommendations under (5.1). 4. Hire case management staff. (Executed) 5. Purchase case management system 6. See both Dr. Boesky’s and. Dr. Ezike’s reports.

Evidentiary Basis Document review, observation, interviews

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Provision 5.3 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status Discussion
Recommendations

Henley-Young shall implement policies and procedures for the required content of treatment plans, which shall include;
a. That the treatment plan be individualized; b. An identification of the mental and/or behavioral health and/or
rehabilitative issues to be addressed; c. A description of any mental health, medication or medical course
of action to be pursued, including the initiation of psychotropic medication; d. A description of planned activities to monitor the efficacy of any medication of the possibility of side effects; e. A description of any behavioral management plan or strategies to be undertaken; f. A description of any counseling or psychotherapy to be provided; g. A determination of whether the type or level of treatment needed can be provided in the resident’s current placement; and h. A plan for monitoring the course of treatment, and if necessary, for revising the treatment plan. i. A description of the precise terms the of the facility’s long-term and short-term objectives for the residents, the full range of services to be provided, and procedures, and timetables and staff assignments for the implementation of such treatment plan; j. A plan for regularly engaging the family in the resident’s treatment plan; k. A comprehensive re-entry plan that will assist the residents Re-enroll in their home school and access medical, mental health, Vocational and rehabilitative services based in the community.
Beginning Compliance
The status of this provision remains in beginning compliance. The facility has hired three (3) case managers and QMHPs, and they are in the process of developing adequate policies and procedures and training. The county also needs to hire a full- time doctoral level Clinical Psychologist. Dr Ezike has provided an updated report based on her most recent visit. Dr. Boesky has also provided an updated report and recommendations based on hermost recent visit. She has also provided training for case managers and mental health professionals at Henley Young.
1. Develop comprehensive policies and procedures for this provision that includes the contents (A-K).
2. The County/Court shall define the criteria for the program a. It is important that post dispositional programs in other facilities be reviewed. b. Often seeing what is being done in other facilities provides insight into how to develop and operate these programs.
3. Provide dedicated staff to manage program. (Executed). 4. Provide intensive training to all staff members.

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Evidentiary Basis

a. Train staff in various treatment modalities i.e. cognition, behavioral modification, modeling, psychotherapy, reality therapy, group therapy and group dynamics and other skills.
b. Create treatment teams c. Develop case planning and program development d. Assessment of the program to determine if it meets the needs
of the court placed residents. e. Assessment tool to regularly monitor the success or lack of
success of all residents in the program. 5. Provide auxiliary training to all other direct care staff. 6. Hire case management staff. (Executed) 7. Full-time clinical psychologist.
Document review, observation, interviews

Provision 5.4 Individualized Treatment Plans Treatment Program for PostDisposition Residents Status
Discussion
Recommendations

Henley-Young shall institute a program of periodic staff reviews every three weeks and evaluations of each resident’s progress under his/her individualized treatment plan and of the appropriateness of the plan itself and Henley-Young’s plan for such review.
Partial Compliance
The facility remains at partial compliance. Please see Dr. Boesky’s and Dr. Ezike’s most recent reports. Dr. Boesky has also provided training to all case managers and mental health staff. As stated in my previous report the case management process needs to ensure that JCAs are involved in the treatment planning and post- dispositional service.
1. Develop comprehensive policies and procedures for this provision to include JCAs.
2. Provide training to all staff. 3. Identify roles and responsibilities of direct care, treatment and
educational staff through policies and procedures and adequate funding and staffing. 4. Hired case management staff. (Executed) 5. Hire a Doctoral Level Clinical Psychologist.

Evidentiary Basis Document review, observation, interviews

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Provision 5.5 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement a program that provides for evening and weekend programs and activities that allow residents to engage in meaningful activities.
Substantial Compliance This provision has moved to substantial compliance. Based on my interviews with youth and my review of documents all youth including JCAs are involved in evening and weekend programs and activities. The recreational staff and the operations manager should be commended for the programming and activities they have developed and engaged youth in. Girls and boys are receiving the benefit of these programs.

Recommendations

1. Develop comprehensive policies and procedures to meet the needs for this provision to include JCAs. (Executed)
2. Continue to provide adequate staffing for this program. (Executed) 3. Continue to develop a monthly recreational program with activities.
(Executed) 4. Continue to keep records of activities provided and note those that
were not provided and why. (Executed) 5. Purchase board games etc. (Executed) 6. Hire recreational staff. (Executed) 7. Hire case management staff. (Executed)

Evidentiary Basis Document review, observation, interviews

Provision 5.6 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement an adequate quality assurance program.
Partial Compliance This provision remains at partial compliance. The QA department at Henley-Young continues to develop their data fields and programs. There is significant improvement from limited data being produced to what is being developed now. The QA staff should be commended and encouraged to continue their efforts. Based on my discussion with the administration, the county's IT department will be working with the facility to create and

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develop different data sets that will produce reports. The data sets and system will provide the facility with a technology that can evaluate current operations and improve management decisions.
The following is from my previous reports and needed:  I have provided the facility with templates for assistance in the full development of the Q/A unit/ process.  See QA Data decision points below

Recommendations 34

1. Develop comprehensive policies and procedures to meet the needs for this provision for the facility, school program and SICU program.
2. Health Care: continuously assess the quality and adequacy of the health services provided, accurately evaluate the performance of staff providing health services and address identified deficiencies.
3. Recreation and Social programs: continuously assess the quality and

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Evidentiary Basis

adequacy of social and recreational programming provided; accurately evaluate the performance of staff in providing these programs. 4. Environmental Health and Safety: continuously assess the quality and adequacy of environmental health and safety, accurately evaluate the performance of staff in providing a safe and healthy environment and properly address identified deficiencies. 5. Discipline and order: continuously monitor use of discipline and promptly address misuse or over use of discipline and other identified deficiencies. 6. The facility must continue to develop monthly performance measures to indicate achievement in the desired area. 7. Review State of Florida Quality Assurance Model and for assistance in developing contact CJCA Performance Based Standard for Juvenile Detention Programs, also use ACA standards to establish policy guidelines. 8. Develop data collection system 9. See introduction and chart
Document review, observation, interviews

6 Due Process/Isolation/Disciplinary Practices and Procedures

Provision 6.1 Disciplinary Practices and Procedures

Henley-Young shall implement a discipline policy and practice that incorporates positive behavior interventions and support. This policy shall include guidelines for imposing graduated sanctions for rule violations and positive incentives for good behavior.

Status

Partial Compliance

Discussion

This provision remains in partial compliance. Once the facility develops its educational program and theJCA-s and they are a total part of that process which includes the support of youth when they are isolated or confined, this provision can be moved to substantial compliance. All the other components are in place; the positive behavior interventions, graduated sanctions, rule violations, and positive incentives for good behavior are all in place.

Recommendations

1. Continue to maintain adequate policies and procedures for this provision to include JCAs. (Executed)
2. Continue to ensure youth are familiar with the rules and regulations of the facility during the orientation process and ongoing thereafter including JCAs. (Executed)
3. Continue ensure residents are receiving and understand the resident

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handbooks during orientation and sign for it including JCAs. (Executed) a) They shall include resident’s rights, major and minor rule violations
and the grievance policy. b) The handbook will explain to residents in their own language the
rules and shall also be explained by staff that will have them sign and date a form indicating that both processes have occurred. c) These rules shall be posted on each unit. 4. Due process rules shall be posted on each unit. (Executed) 5. Develop positive behavior intervention programs. (Executed) 6. Assign and train an independent person(s) to handle due process isolation hearings. The person(s) must be independent of the unit staff. (executed) 7. Ensure residents who are in isolation are provided recreation and education services.
Document review, observation, interviews

Provision 6.2 Disciplinary Practices and Procedures
Status Discussion
Recommendations

Residents who violate major rules may be subject to cell confinement for up to 24 hours for a single rule violation. An occasion in which a resident is alleged to have contemporaneously violated multiple major rule violations shall count as a single rule violation for the purposes of this section. No residents shall be confined to a cell for longer than 8 hours for a single rule violation without receiving written notification of the alleged rule violation and the occurrence of a disciplinary review/due process hearing before an impartial staff member, which includes participation by the accused residents. Under no circumstances shall residents be subjected to involuntary cell confinement for longer than 24 hours for disciplinary purposes. Residents who are placed on cell confinement shall be released daily from their cells to attend school, maintain appropriate personal hygiene, and to engage in one hour of large muscle exercise.
Substantial Compliance
This provision has moved to substantial compliance. The facility has developed policies and procedures for this provision. In addition, in my review of documents and my interviews with youth I found that the facility is following this provision as it was outlined in the consent decree. The facility has even gone further in that mental health and case managers are involved in the due process hearings as advocates for youth who were charged with facility violations. I will review on my next visit to ensure that the process that is in place continues.
1. Continue to maintain policies and procedures for this provision including JCAs. (Executed)
2. Develop sheets to place on door of any residents in confinement that

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identifies the reason for confinement and is review and signed by supervisor. (Executed) 3. Ensure residents in confinement receive education and recreation services. 4. See 6.1 recommendations. 5. Continue to provide training for all staff on these policies and procedures. (Executed)
Document review, observation, interviews

7. Use of Restraints
Provision 7.1 Use of Restraints Mechanical

Mechanical restraints shall not be used to punish residents or for the convenience of staff. Mechanical restraints shall only be used to prevent self-harm and/or harm to others, subject to section 7.4, and for transportation to and from court, subject to section 7.2.

Status

Substantial Compliance**

Discussion

The facility remains at substantial compliance. Again, I reiterate it should be noted that well- run facilities only use mechanical restraints for transportation or exigent circumstances which may arise at any facility under supervisory approval. The facility must ensure that mechanical restraints are not used capriciously with JCAs.

Recommendations

1. Officers shall continue to receive training on policies and procedures. (Executed)
2. Officers shall continue be trained on when it is appropriate to use mechanical restraints also with JCA-s. (Executed)
3. All training shall continue to be documented. (Executed) 4. The policy will require the documentation of any use of mechanical
restraint and use of force incidents. (Executed) 5. Restraint log should continue to be implemented. (Executed) 6. Continue to follow policy (Executed)

Evidentiary Basis Document review, observation, interviews

Provision 7.2 Use of Restraints Mechanical
Status

Nothing in this section shall prohibit mechanical restraints from being placed on residents who are being transported to and from court or out of the facility, if staff have reason to believe that a resident presents a flight risk or is an imminent danger to the residents or others or will engage in violent behavior. However, mechanical restraints should be removed immediately after the resident is placed in a cell and at no time shall a resident be placed in a cell wearing mechanical restraints.
Substantial Compliance

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Discussion Recommendations

The facility remains at substantial compliance on this provision. Based on my review of documents, interviews with youths and observations at this time. I found no indication of overuse of mechanical restraints apart from transferring residents out of the facility. This should continue. The facility must ensure that mechanical restraints are not used capriciously.
1. Continue to develop and provide remedial training for this provision including JCAs.
2. All training shall continue to be documented. 3. The policy will require the documentation of any use of
mechanical restraint and use of force incidents. (Executed) 4. Operationalize the edicts of this provision. (Executed) 5. Additional supervision needed to ensure mechanical restraints are
not misused. 6. Continue to follow the process to remain at substantial
compliance including JCAs.

Evidentiary Basis Document review, observation, video recordings and discussion with residents

Provision 7.3 Use of Restraints Status Discussion
Recommendations

Restraints shall not be used to secure residents to a fixed object such as a restraint chair, bed, post, or chair.
Substantial Compliance*
The facility remains at substantial compliance on this provision. Based on my review of documents, interviews with youths and observations at this time I still found no indication of overuse of mechanical restraints apart from transferring residents out of the facility. However, to remain at substantial compliance the facility needs to continue to follow the recommendations (2, 3 and 4) below. Also, the facility should ensure mechanical restraints are not used capriciously with JCAs.
1. Update the comprehensive policies and procedures for this provision, this should also include JCAs. (Executed)
2. Continue to provide training for staff within the facility as described above on this provision and provide documentation of training. (Executed)
3. Develop and use a mechanical restraint log. (Executed) 4. Continue to provide training on de-escalation techniques to try to use
mechanical restraints only as a regular part of facility transport. 5. Additional supervision needed to ensure mechanical restraints are not
misused.

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Evidentiary Basis Interviews, observation and document review

Provision 7.4 Use of Restraints
Status Discussion
Recommendations

No residents shall be restrained for longer than 15 minutes, unless restraints are approved by a mental health professional or if determined to be necessary under section 7.2 or as reasonably necessary to prevent the residents from engaging in acts of self-harm or harm to others. If a resident must be restrained for longer than 15 minutes in order to prevent self-harm, that residents shall, as quickly as possible, be evaluated by a mental health professional or transported to a mental health facility.
Partial Compliance
This provision has moved to partial compliance. During my interviews with youth and staff and my review of documents I found no indication that youth were being restrained for more than 15 minutes. I also found no documents or interviews with staff or kids that youth were engaged in acts of self-harm with themselves and others. I will review this provision again upon my next visit.
1. Continue to develop comprehensive policy and procedures for this provision with mental health professionals including JCAs. (Executed)
2. Provide training for staff on policy and procedures and document training. (Executed)
3. Provide training on de-escalation techniques including JCAs. 4. Develop Mental Health protocols for this provision including JCAs. 5. Hire Dr. Level clinical psychologist. (See Dr Boesky’s most recent
report.)

Evidentiary Basis Document review

Provision 7.5 Use of Restraints Status
Discussion

Henley-Young shall not use, or allow on the premises, restraint chairs, chemical restraints and/or Tasers.
Substantial Compliance* I would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in

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substantial compliance as it relates to this provision.

Recommendations

Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation, video

Provision 7.6 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not subject residents to “hogtying,” which is the practice of placing a resident’s face down on a bed, floor, or other surface, and securing the resident’s hands to his feet.
Substantial Compliance*
I would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Observation, document review and interviews

Provision 7.7 Use of Restraints
Status Discussion

When a resident is placed in mechanical restraints, staff must provide oneon-one supervision for the duration of the restraint, except when mechanical restraints are deemed to be necessary for the reasons specified in section 7.2.
Substantial Compliance *
The status of this provision is maintained at substantial compliance. (see comments on JCAs)

Recommendations

The facility should continue with following the recommendations listed below.
1. Continue to provide on-going training for staff on policies and procedures including JCAs.
2. Continue to document all training provided to all staff including JCAs.
3. Continue to ensure that residents who are placed in mechanical restraints are seen by a medical professional.
4. Restraint log should be implemented. 5. Continue to ensure additional supervision is provided to ensure
mechanical restraints are not misused.

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Evidentiary Basis Document review

Provision 7.8 Use of Restraints
Status Discussion

Henley-Young shall notify a medical professional whenever a resident is placed in mechanical restraints for reasons other than those specified in section 7.2. A medical professional shall examine the residents as soon as possible after restraints are removed, except when the residents was restrained for the reasons specified in section 7.2.
Substantial Compliance
The status of this provision remains at substantial compliance. (See comments on JCA-s)

Recommendations

Based on my review of documents, interviews and discussion, I found that mechanical restraints are rarely used within the facility. (See comments on JCAs)
1. Redevelop comprehensive policies and procedures for this provision including JCAs. (Executed)
2. Continue to provide training on policies and procedures including JCAs. 3. Continue to document all training provided to all staff. 4. Continue to ensure that residents who are placed in mechanical
restraints are seen by a medical professional. 5. Continue to ensure that information being reported is accurate and
consistent. 6. Develop a single matching reporting system for the entire facility.

Evidentiary Basis Document review

Provision 7.9 Use of Restraints Status Discussion
Recommendations

Hinds County does not currently and shall not in the future allow officers to enter the secure detention area of the facility with any electronic restraints, including, but not limited to Tasers.
Substantial Compliance*
The facility has remained at substantial compliance on this provision based on my most recent visit and my observations and review of documents. However, the facility should ensure officers monitoring residents (JCAs) from the Hinds County Jail are availed for caring mechanical restraints and must follow the policies of Henley-Young.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review

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Provision 7.10 Use of Restraints Status Discussion
Recommendations

Henley-Young is required to ensure that no officer enters the secure detention area of the facility with a firearm.
Substantial Compliance*
I still would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision. The facility should still ensure that the recommendations below should continue to be followed. Also see provision 7.9 as it relates to Tasers. I would also reiterate under no circumstances should any staff, anyone connected to the facility, and law enforcement etc. have firearms on the premises especially in secure areas. All weapons still must be secured in appropriate locked areas of the building.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, Observation

8. Use of Force
Provision 8.1 Use of Force
Status Discussion

Physical force shall not be used to punish residents. Staff shall only use physical force to stop residents from causing serious physical injury to self or others or to prevent an escape. If physical force is necessary, staff must use the minimum amount required to safely contain the residents. Whenever possible, staff shall avoid the use of force by first attempting verbal deescalation techniques. Staff shall be required to fully document in writing every instance of use of force.
Partial Compliance
The status of this provisionremains in partial compliance. The facility should continue to follow the recommendation from my last report.
Although the facility is computerizing some data (i.e. restraints, suicide attempts, self-injury, physical and mechanical restraint types, incidents, use of force, and incidents by shifts) which is good information, it is not enough. The County should assist the facility in developing their information technology program to includes (confinement hours, type of force, etc.).
Again, good data will assist the facility in determining answers to some of the following examples:
A. The location of use of force B. The number of use of force incidents

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C. The number of use of force requiring mechanical restraints D. The type of restraint used E. Grievances F. The number of incidents requiring chemical agents G. The number of incidents involving non-lethal security devices
(i.e. batons, Tasers, etc.) H. The number of use of force incidents resulting in injury to
residents or staff I. Plan of action to address each incident (i.e. disciplinary action,
staff training or remedial training, resident’s isolation, resident’s behavior management, resident’s mental health screening or evaluation etc.)

Recommendations

1. Continue to maintain policy and procedures for this provision including JCAs.
2. Continue to provide training for on policies and procedures including JCAs.
3. Continue to document all training provided to all staff. 4. Adapt an appropriate curriculum for training staff on the use of
verbal de-escalation skill and safe use of physical restraints or mechanical restraints. 5. Revise form to distinguish between physical and mechanical restraints. 6. Develop an information technology program. 7. Develop computerized tracking of all JCAs entering and leaving the facility 8. Continue to stay in contact the National Partnership for Juvenile Justice for recommendations on training program in this area. 9. Continue to document and file report when there is use of force. 10. Continue to ensure any time use of force is used residents are seen by a medical professional 11. Continue to follow the facility’s chain of command which will reduce staff confusion.

Evidentiary Basis Document review, interviews

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Provision 8.2 Use of Force
Status Discussion

Henley-Young shall notify a medical professional, including but not limited to the licensed practical nurse on duty whenever physical force is used against a resident. A medical professional shall examine a resident immediately after the use of physical force.
Partial Compliance
The facilitycontinues to maintain partial compliance. Dr. Ezike has provide an updated report and recommendations based on her visit. Please continue to follow the recommendations below.

Recommendations

1. Complete procurement of services as quickly as possible. 2. Continue to develop comprehensive policies and procedures for this
provision. 3. Continue to provide on-going training to staff on policies and
procedures. 4. Continue to document all training provided to all staff. 5. Continue to review nursing schedule and provide more hours at
facility. 6. Continue to provide written documentation of examination of residents
by medical professional in every instance. 7. Provide additional medical services after hours and on weekends.
(executed) 8. Continue to document and file in resident’s records when there is use
of force.

Evidentiary Basis Document review, interviews, observation

9. Meals and Nutrition

Provision 9.1 Meals and Nutrition

Residents shall be provided three meals and a snack daily. If a resident misses a meal because he or she is attending court, or some other appointment, he or she shall receive the missed meal upon his or her return to detention.

Status Discussion

Substantial Compliance
The status of this provision remains in substantial compliance. Please see the introduction.

Recommendations 44

1. Continue to review portions to ensure residents receive enough food during meals.
2. Develop policy and procedures for this provision. (Executed) 3. Continue to provide training for kitchen staff and all other staff

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Evidentiary Basis

members involved with handling food and preparing meals. 4. Continue to document compliance with this provision. 5. Food should be served in a timely manner and consistent with
facility schedule once developed. 6. Review the National Food Service Management Institute from the
University of Mississippi that details “Food Safety Facts”. 7. Food service area is in need for maintenance, repair and cleanliness.
Document review, observation, interviews

Provision 9.2 Meals and Nutrition Status
Discussion

All meals and snacks served to residents at Henley-Young shall, at a minimum, comply with the nutrition guidelines set forth in the United States Department of Agriculture’s School Meals Program standards.
Substantial Compliance
The status of this provision remains in substantial compliance. Please see introduction.

Recommendations

1. Develop policy and procedures for this provision (Executed) 2. Continue to provide training for kitchen staff and all other staff
members involved with handling food and preparing meals.

Evidentiary Basis Document review, observation, interviews

Provision 9.3 Meals and Nutrition Status
Discussion

Residents shall be provided access to drinking water throughout the day.
Substantial Compliance The facility remains at substantial compliance on this provision. Based on my review and observations, I found that youth had access to water. However, I am still recommending that the water fountains on the units and in the youth’s cells be operable.

Recommendations 45

1. Contact County or State Environmental office to conduct test on water system. (Executed)
2. Continue to ensure residents receive water during school and recreational periods and at night.
3. Continue to develop a policy for incidents regarding water quality and procedures to address them.

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4. Repair inoperable drinking fountains. Document review, observation, interviews

10. Clothing

Provision 10 Clothing

Henley-Young shall always provide basic clothing items for residents. These items must include, at a minimum, socks, underwear, uniform, shoes, and undershirts. For girls, these items must also include a brassiere. When appropriate, Henley-Young shall also provide residents with a coat, hat, and gloves. Residents must be provided with a clean uniform, socks, undershirt, underwear, and brassiere, if applicable, upon intake and at least once per day. No residents shall be deprived of these basic clothing items for any reason, including, but not limited to, as a punishment, because these items are being washed, or due to overcrowding.

Status

Substantial Compliance

Discussion

The facility remains at substantial compliance in this provision. It should be noted that the laundry personnel continue to do an outstanding job by ensuring that clothing which is tattered, dingy, not usable is discarded. The facility should maintain the property inventory system for discarding the above-mentioned articles.

Recommendation Evidentiary Basis

1. Continue to check washer and dryer to ensure they are working properly.
2. Continue to ensure that girls and boys are equally involved in cleaning and folding clothes.
3. Hire 2 laundry staff to ensure clothing is handled properly. (Executed)
4. Continue to ensure that all staff and residents wear protective material (smocks and gloves) when handling chemicals and clothing.
5. Continue to discard clothing that is torn, dingy and in poor condition. 6. Develop a system for replacing clothing on a regular and consistent
basis. (Executed) 7. Develop schedule for distribution. (Executed) 8. Develop a system for prewashing clothing (i.e. undergarments
etc.)(Executed)
Document review, observation, interviews, photographs

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11. Hygiene and Sanitation

Provision 11.1 Hygiene and Sanitation

Residents shall be provided with the means to maintain appropriate hygiene, including soap and shampoo for showers, which will occur at least once daily, soap for washing hands after each time the residents uses the toilet, and toothpaste and a toothbrush for tooth brushing, which will occur at least twice daily, a comb and brush, that if shared, shall be sterilized between uses by residents. Girls must be provided with panty liners daily and other feminine products as needed. Residents will be issued a comb and brush upon entering the facility; however, if residents are issued a recycled comb or brush or a comb or brush that has been used by another resident, HenleyYoung shall ensure that the comb and brush is sterilized and in good condition.

Status

Substantial Compliance

Discussion

The facility remains at substantial compliance in this provision. I would still recommend that a licensed barber and/or beautician be retained.

Recommendations

1. Ensure that hygiene kits are properly labeled, and residents are not sharing each other’s hygiene products or items. (Executed)
2. Ensure items such as hair brushes, if shared, are sterilized and in good condition. (Executed)
3. Continue to provide training for staff on these policies and procedures.
4. Ensure that clean face towels are available for residents. (Executed) 5. Develop a schedule for distribution of hygiene kits. (Executed) 6. Retain a licensed barber and/or beautician.

Evidentiary Basis Document review, observation, interviews

Provision 11.2 Hygiene and Sanitation Status Discussion
47

Residents shall be provided with sleeping mats and blankets that are clean and odorless sleeping mats shall be sanitized between uses by residents, and residents shall receive clean blankets weekly.
Substantial Compliance
The status of this provision remainsinsubstantial compliance. Based on my review of documents and observation, the facility needs to continue to ensure that mattresses and blankets are discarded properly
Policies and procedures have been developed. The facility has provided training to ensure that the process outlined in the policies and procedures is followed. The facility needs to continue to monitor the condition of the blankets and mattresses for signs of holes and tattering the facility needs to

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continue to follow the recommendations below.

Recommendations

1. Continue to discard all blankets and mattresses that are tattered and have holes in them.
2. Clean and maintain laundry area in orderly fashion. 3. Develop forms or system of documentation for distribution and
inventory (Executed) 4. Label and designate an area for towels, sheets, clothing etc.
(Executed)

Evidentiary Basis Document review, observation

Provision 11.3 Hygiene and Sanitation Status
Discussion
Recommendations

Under no circumstances shall residents be deprived of mats and blankets.
Substantial Compliance* The facility remains in substantial compliance.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidence

Observation, and document review

Provision 11.4 Hygiene and Sanitation Status
Discussion
Recommendations

Henley-Young shall maintain anenough clean, sanitary mats and blankets that correspond with the facility’s maximum capacity.
Substantial Compliance* The facility remainsin substantial compliance.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Observation and document review

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Provision 11.5 Hygiene and Sanitation
Status

Residents shall be provided with a clean, sanitary environment. Substantial Compliance

Discussion Recommendations

The status of this provision has moved to substantial compliance. Although, the facility needs some touch-up painting, and minor maintenance, it should be noted that this facility has left its dungeon status from my initial visits. The facility should keep up the good work. However, the county needs to ensure that funding for the maintenanceof the facility is a part of the facilities annual budget.
1. Develop policies and procedures for this provision. (Executed) 2. See areas in discussion that should be addressed. 3. Need to develop housekeeping and cleaning schedule. 4. Need to develop checklist or inspection report for each unit and area
of building. 5. Need to develop work order system to ensure that when problems
emerge, they are addressed. 6. Need to develop corrective action plans as needed. 7. Need to provide training for staff on policy and procedures. 8. Continue to ensure delivered food items are dated and rotated from
old to new. (Executed) 9. See my previous introduction as it relates to transferring young
adults from the Hinds County Jail.

Evidentiary Basis Document review, observation, interviews

Provision 11.6 Hygiene and Sanitation Status Discussion
49

Hinds County shall ensure that Henley-Young complies with relevant law regarding fire safety, facility safety, weather emergencies, sanitation practices, food safety, and the elimination and management of environmental toxins.
Partial Compliance
The status of this provisionremains at partial compliance. During this visit I found several security doors (security entrance door and the entry door into the vestibule area adjacent to the master control area) that must be repaired and several intercom’s in youth rooms that are also in need of repair. These are major security risks for the facility. During my review of documents and observation, the facility is still doing safety and fire inspections however to move to substantial compliance the facility still needs to ensure that the recommendations 4, 5, 7, 8, 10 and 11 below are followed. During this report and a review of documents it shows that the facility sprinkler tampered switch and the H119 mechanical room main switched failed and there were no

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corrective action plans in place to correct these violations. There are also no signatures on the report. These are areas that must be corrected.

Recommendations

1. Develop policies and procedures and plans for fire safety, evacuation etc. (Executed)
2. Develop adequate staff training regarding fire safety. 3. Properly maintain and repair fire equipment. 4. Ensure intercom systems are operating properly. 5. Ensure all mattresses used by residents are fire resistant. 6. Routinely test all fire equipment and system. 7. Ensure that all electrical outlets, wires and equipment (lights) are
properly working. 8. Develop work order system to ensure items are repaired. 9. Ensure that all areas in this provision are addressed by a certified
professional. 10. Review entire fire safety program/system 11. Facility needs to develop corrective action plan. 12. Clean and Sanitize kitchen 13. Develop cleaning procedures 14. Repair the areas that failed inspections 15. Have fire inspectors sign report

Evidentiary Basis Document review, observation

Provision 11.7 Hygiene and Sanitation Status Discussion
Recommendations

Residents shall be provided with clean drinking glasses and eating utensils.
Substantial Compliance The status of this provision remains at substantial compliance. Based on my observation and review of documents this provision continues to be implemented at this time.
1. Develop policies and procedures for this provision. (Executed) 2. Continue to provide a thorough cleaning of the kitchen and all equipment and utensils

Evidentiary Basis Document review, observation and interviews

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12. Medical Care

Provision 12.1 Medical Care

The parties agree, however, that henceforth, Henley-Young shall provide residents with adequate medical care, including: prompt screenings; a full physical exam within 72 hours after their detention hearing or disposition order, as applicable; access to medical professionals and/or prescription medications when needed; and prompt transportation to a local hospital in the case of a medical emergency. Hinds County is responsible for procuring and/or paying for all medications provided to residents.

Status

Beginning Compliance

Discussion

The status of this provision remains at beginning compliance. Please see Dr. Ezike’s most recent report.

Recommendations

1. Develop policies, procedures and protocols for this provision. 2. Develop policies and procedures and protocols based on standards
for Health Services in Juvenile Detention and Confinement facilities. 3. Provide training for staff members who administer medication to residents on proper usage and possible side effects. Also, train the staff on emergency protocols if side effects occur. 4. Have a licensed medical professional review and sign off on policy, procedures and protocols. 5. Have a licensed health professional periodically review and provide supervision to the nurse at facility. 6. Develop forms to coincide with provision. 7. Remove medication from bags and place them in secure, organized areas and develop forms to determine what medications are always present in the facility. 8. Hire or have on contract a physician to review medical area. 9. Ensure that residents receive vision exams, dental screenings, mental health screenings, hearing tests, etc. 10. Order folders with 2 dividers, end tab, classification folders in letter size with 2 prongs for medical charts.

Evidentiary Basis Document review, observation, interviews

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Provision 12.2 Medical Care Status Discussion
Recommendations

Henley-Young shall ensure that a medical professional is available to examine residents confined at the facility to identify and treat medical needs, when necessary.
Partial Compliance
The status of this provision has moved to partial compliance. Please see Dr. Ezike’s most recent report.
1. Hire qualified medical professional for nights and weekend care. 2. Develop policies, procedures and protocols for this provision. 3. Provide training for staff on this provision. 4. Ensure medical protocols are child/youth centered.

Evidentiary Basis Document review, observation, interviews

Provision 12.3 Medical Care
Status Discussion

Henley-Young shall implement its sick call policy and practice which ensures that confined residents who request non-emergency medical attention are examined by a medical professional within 24 hours of a residents placing him or herself on sick call, excepting weekends and holidays.
Partial Compliance
The status of this provision has moved to partial compliance. Please see Dr. Ezike’s most recent report.

Recommendations

1. Develop policies, procedures and protocols for this provision that are child focused.
2. Place a resident’s grievance and medical request box (kite box) on each unit.
3. Provide training for staff on this provision. 4. Nurse or designated person, making daily rounds to retrieve kites
(Request for Medical Service Forms). 5. Dr. Ezike will provide an updated report and recommendations
based on her most recent visit

Evidentiary Basis Document review, observation, interviews

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Provision 12.4 Medical Care Status
Discussion

Prescription medications shall only be distributed by licensed medical staff or Henley-Young staff who has been trained by licensed medical personnel.
Partial Compliance
The status of this provision has moved to partial compliance. Please see Dr. Ezike’s most recent report.

Recommendations

1. Develop policies, procedures and protocols to address this provision child centered.
2. These policies, procedures and protocols must include the appointment of a medication administration protocol.
3. There must be a medication record of all medicines administered. a. One record to reflect all medicines leaving the pharmacy; b. An additional record kept in each resident’s case file.
4. Ensure that the training is comprehensive make certain that all medical contingencies are considered.
5. The staff should be trained on what side effects to look for drugs commonly prescribed to residents with mental health needs.
6. Provide training to staff on the policy, procedures and protocols for this provision.
7. All training should be documented and conducted annually.

Evidentiary Basis Document review, observation, interviews

Provision 12.5 Medical Care Status
Discussion

Medical and mental health services shall be provided in a manner that ensures the confidentiality of resident’s health information.
Partial Compliance
The status of this provision has moved to partial compliance. Please see Dr. Ezike’s most recent report.

Recommendations

1. Develop policies, procedures and protocols to address this provision. 2. Get HIPAA requirements and institute them the facility. 3. Designate the persons who have access to the resident’s medical
records within the facility and outside of the facility, but within the juvenile justice system. 4. Provide training to staff on policies, procedures and protocols. 5. Provide training to staff on HIPAA requirements, and document training. 6. Designate a HIPPA Privacy Officer.

Evidentiary Basis Document review, observation, interviews

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Provision 12.6 Medical Care
Status
Discussion

Henley-Young shall develop procedures for monitoring residents who require individualized attention because of medical issues that do not involve requiring the residents to sleep on a mat in the visitation room.
Partial Compliance
This provision has moved to partialcompliance. Please see Dr. Ezike’s most recent report.

Recommendations

1. Develop policies, procedures and protocols to address this provision. 2. Develop processes of continuous monitoring residents with stable
medical issues, i.e. the care for diabetic residents who are on an insulin regiment.
a. What are the medical requirements of the residents who need monitoring?
b. Who is responsible for the monitoring? c. How are the records kept of the monitoring? 3. Provide training to staff on the policies, procedures and protocols for this provision. 4. Annual competency training.

Evidentiary Basis Document review, observation and interviews

13. Mental Health Care

Provision 13.1 Mental Health Care

Henley-Young’s contractor, Hinds Behavioral Health Services, shall provide adequate mental health services to all confined residents with a mental health diagnosis or serious mental health need, as indicated by the MAYSI-2. This shall include, but is not limited to, the provision of individual and group counseling sessions upon the request of a residents or the resident’s parent/guardian, access to a mental health professional at the detention center, and the distribution and medical monitoring of psychotropic medications by a medical professional.

Status

PartialCompliance

Discussion

The status of this provision has moved to partialcompliance. Please see Dr. Boesky’s most recent mental health report. In addition, she provided training to case management staff and the Q MHP’s. (See report).

Recommendations

1. Ensure that the facility has a Standardized Assessment Tool i.e. the MAYSI-2 to use during the intake process. (Executed)
2. Develop policies and procedures to address this provision. (Executed)
3. Provide training to staff on policies and procedures and provide

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documentation of training. (Executed) 4. Develop documentation that will track resident’s progress during
their stay at facility. 5. Ensure there is communication between Hines Behavioral Health
Services, Juvenile Court Case Managers and Facility Staff on residents receiving mental health services. 6. Hire case management staff. (Executed) 7. Hire doctoral level clinical psychologists full-time.
Document review, observation, interviews

Provision 13.2 Mental Health Care
Status Discussion
Recommendations

Residents who are confined for longer than thirty (30) continuous days and who are prescribed psychotropic medications, shall be evaluated by a psychiatrist every thirty (30) days. Such evaluations may be performed by and through employees of Hinds Behavioral Health.
Partial Compliance
This provision has moved from noncompliance to partial compliance. Please see Dr. Boesky’s most recent mental health report.
1. Develop policies and procedures to address this provision. (Executed)
2. Provide training to staff on policies and procedures. (Executed) 3. Hire case management staff. (Executed) 4. Hire full-time clinical psychologist 5. Meet with medical provider to increase the number of psychiatrist
hours 6. Ensure that the psychiatrist is a part of the mental health planning
and team.

Evidentiary Basis Document review, observation, interviews

Provision 13.3 Mental Health Care
Status Discussion

Within 72 hours of a resident’s admission to the facility, staff shall develop individual mental health treatment plans for residents who are under the care of a mental health provider. Treatment plans shall emphasize continuity of care and shall ensure that whenever possible, residents are transported to appointments with their regular mental health provider, whether the appointments are standing or made after the resident’s initial detention.
Beginning Compliance
This provision has moved from noncompliance to beginning compliance. Please see Dr. Boesky’s most recent mental health report.

Recommendations

1. Develop policies and procedures to address this provision.

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(Executed) 2. Provide training to staff on policies and procedures. (Executed) 3. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.). 4. Hire case management staff. (Executed) 5. hire full-time clinical psychologist
Document review, observation, interviews

Provision 13.4 Mental Health Care
Status

Henley-Young shall develop and implement policies and procedures for referring residents in need of psychiatric services to a licensed psychiatrist for a timely mental health evaluation. Such services may be provided by and through employees of Hinds Behavioral Health.
Partial Compliance

Discussion

This provision has moved from noncompliance to partial compliance. Please see Dr. Boesky’s most recent mental health report.

Recommendations

1. Develop policies and procedures to address this provision. (Executed)
2. Provide and document training to staff on policies and procedures. (Executed)
3. Hire case management staff. (Executed) 4. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.). 5. Hire full-time clinical psychologist

Evidentiary Basis Document review, observation, interviews

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Provision 13.5 Mental Health Care
Status Discussion Recommendations

Hinds County shall employ or contract for enough psychiatric services to permit a psychiatrist to fulfill the following functions:
a. conduct needed psychiatric evaluations prior to placing residents on psychotropic medications;
b. Monitor, as appropriate, the efficacy and side effects of psychotropic medications;
c. Participate in treatment team meetings for residents under the psychiatrist’s care;
d. Provide individual counseling and psychotherapy when needed; e. Evaluate and treat in a timely manner all residents referred as
possibly needing psychiatric services; and f. Provide adequate documentation of treatment. g. All evaluations and services outlined above may be performed
and/or provided by and through employees of Hinds Behavioral Health or any other duly qualified Mental Health agency.
Partial Compliance
This provision has moved from noncompliance to partial compliance. Please see Dr. Boesky’s most recent mental health report.
1. Develop policies and procedures to address this provision. (Executed)
2. Provide training to staff on policy and procedures and document training. (Executed)
3. Hire case management staff. (Executed) 4. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.). 5. Hire full-time clinical psychologist

Evidentiary Basis Document review, observation

Provision 13.6 Mental Health Care Status Discussion
Recommendations

The psychiatrist and/or counselors shall review, if necessary, incident reports, disciplinary reports, suicide watch logs, and lockdown logs of residents under their care to determine whether their treatment is working and, if not, how it should be modified.
Non-Compliance
This provision remains noncompliant. According to Dr. Boesky’s report neither the contracted psychiatrist, the mental health professionals, nor the case mangers review incident reports, disciplinary reports, safety alert logs, and room confinement logs of residents under their care, to determine whether treatment is working, and if not, how it should be modified. Please see Dr. Boesky’s most recent mental health report.
1. The mental health of the residents in the custody of the facility always needs to be closely monitored.

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Evidentiary Basis

2. The facility needs to develop policies and procedures to address this provision.
3. Provide and document training to staff on policies and procedures and document training.
4. Facility needs documentation from a mental health organization on plan of action for residents receiving a mental health service.
5. Hire case management staff. 6. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.). 7. Hire full-time clinical psychologist
Document review, observation

14. Suicide Prevention

Provision 14.1 Suicide Prevention

Henley-Young shall develop a multi-tiered suicide prevention policy that has at least three stages of suicide watch. Suicide watch shall not be used as punishment. The “suicide cell” shall be reserved for residents for whom the “suicide cell” is deemed necessary in conjunction with this suicide prevention policy.

Status

Partial Compliance

Discussion

This provision has moved from beginning compliance to partial compliance. Please see Dr. Boesky’s was recent mental health report.

Recommendations

1. Develop policies and procedures to address this provision. (Executed)
2. Provide and document training for staff on policy and procedure. (Executed)
3. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program. (Executed)
4. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).
5. Hire full-time clinical psychologist

Evidentiary Basis Document review, observation

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Provision 14.2 Suicide Prevention

Any residents placed on the highest level of suicide watch shall be evaluated by a mental health professional, ideally within 12 hours, but in no case longer than 24 hours of his or her placement on suicide watch. If a resident on the highest level of suicide watch is not evaluated by a mental health professional within 24 hours, the residents shall immediately be transported to a local mental health facility or emergency room for evaluation and/or treatment.

Status

Partial Compliance

Discussion

This provision has moved from beginning compliance to partial compliance. Please see Dr. Boesky’s most recent mental health report.

Recommendations

1. Develop policies and procedures to address this provision. (Executed)
2. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area. (Executed)
3. Provide training for staff on policies and procedures and document training. (Executed)
4. Identify a mental health agency to help develop policies, procedures and protocols.
5. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program. (Executed)
6. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).
7. Hire full-time clinical psychologist

Evidentiary Basis Document review, observation

Provision 14.3 Suicide Prevention

Residents on suicide watch shall participate in recreation, school, and any other structured programming. Residents shall not be required to wear a “suicide gown” unless locked in a cell. Staff shall closely monitor residents on suicide watch, which includes logging activities every 15 minutes.

Status

Partial Compliance

Discussion

This provision has moved from beginning compliance to partial compliance. Please see Dr. Boesky’s most recent mental health report...

Recommendations

1. Develop policies and procedures to address this provision with the assistance of a mental professional. (Executed)
2. Provide and document training for staff on policies and procedures. (Executed)
3. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program. (Executed)
4. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the

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Evidentiary Basis

authorities in this area. 5. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.). 6. Hire full-time clinical psychologist
Document review, observation

Provision 14.4 Suicide Prevention

When a resident is placed on any level of suicide watch, a report shall be made within 24 hours to the resident’s court, as well as to the resident’s guardian, and his or her defense attorney.

Status Discussion

Partial Compliance
This provision has moved from beginning compliance to partial compliance. Please see Dr. Boesky’s most recent mental health report.

Recommendations

1. Develop policies and procedures for making and distributing the reports in this provision. (Executed)
2. Provide training for staff on policies and procedures and document training. (Executed)
3. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program. (Executed)
4. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.
5. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).
6. Hire full-time licensed clinical psychologist

Evidentiary Basis Document review, observation

15. Family Support and Interaction

Provision 15.1 Family Support and Interaction

Visitation shall not be restricted or withheld from residents unless the detention center director determines that a visit will violate the security of Henley-Young or will endanger the safety of residents, visitors, or staff. Visitation should not be restricted as a form of punishment.

Status

Substantial Compliance*

Discussion

The status of this provision remains at substantial compliance.

Recommendations

Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

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Evidentiary Basis Document review, observation and interviews

Provision 15.2 Family Support and Interaction Status
Discussion
Recommendations

Within 90 days of the effective date of this Settlement Agreement, HenleyYoung shall provide accommodations that allow residents to have contact visits with their families.
Substantial Compliance*
The facility remains at substantial compliance.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation and interviews

Provision 15.3 Family Support and Interaction
Status Discussion

Visitation shall be regularly scheduled at least three times per week, which shall include evening and/or weekend visitation times in order to encourage family visitation. Henley-Young shall permit the minor siblings of confined residents to participate in visitation, if the minors’ parent or guardian is present during the visit and the siblings are not harmful to the residents who are detained at Henley-Young. Henley-Young shall also permit a confined resident’s own child (Ren) to participate in visitation
Substantial Compliance*
The facility remains at substantial compliance on this provision.

Recommendations

Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation and interviews

Provision 15.4 Family Support and Interaction Status Discussion
61

Residents may receive phone calls from their attorneys. At the discretion of the Director or assignee, in emergency situations, residents may receive phone calls from parents, primary caretakers, or legal guardians. Emergency phone calls and phone calls from attorneys should not be restricted as a form of punishment.
Partial Compliance
The facility remains at partial compliance on this provision based on my most recent visit and document review. There is still no indication that residents are in contact with their attorney’s. A review of documents and interviews revealed that several residents still have not seen or spoken to their attorney. Since the JCAs are part of the facility and their length of stay

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is longer there is an urgent need to ensure that these youth are in contact with their attorneys.

Recommendations

Since, I still found no evidence that the residents specifically JCA’s housed at the Henley Young Center have visits from their lawyers which is well established by law, best practices and professional standards within juvenile detention facilities, therefore the following still apply:
1) Privileged mail from court, attorney, 2) Visits from lawyers, paralegals or any legal support staff, 3) Provide a private place for confidential discussions, and 4) Have policies, procedures and protocols incorporated in resident’s Right to counsel.
1. Develop policies and procedures and practices to address this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability. 4. Ensure that residents can mail letters. (County will pay for postage)
(Executed) 5. Hire case managers (Executed) 6. Develop form for attorney to signed indicating their visits, for
placement into youth files 7. Develop a mechanism for tracking attorney phone calls 8. Case Managers develop policies and procedures that will help youth
interact with attorneys and provide documentation of those interactions.

Evidentiary Basis Document review, observation and interviews

16. Miscellaneous Provisions

Provision 16.1 Miscellaneous Provisions

Male and female residents shall be provided with equal access to educational and rehabilitative services, medical care, and indoor and outdoor recreation.

Status

Substantial Compliance

Discussion

The status of this provision remains in substantial compliance. The facility has developed structured programming for males and females. The facility has hired recreational staff to ensure programming is being implemented. They have also purchased equipment and are attracting outside volunteers to assist in programming. The facility needs to ensure JCAs are an integral part of the programming.

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Recommendations

1. Develop policies and procedures and practices for this provision including JCAs. (Executed)
2. Cease in the designation of female residents as being solely responsible for laundry; this is a duty male resident can perform as well as females. (Executed)
3. Continue to develop monthly recreational schedules including JCAs. 4. Continue to develop comprehensive facility schedules including
JCAs. 5. Continue to provide training for staff on policies and procedures and
document training. 6. Ensure that there is proper staffing availability to maintain
reliability. 7. Repair court and goal area. (Executed) 8. Continue to post facility wide schedule on units.

Evidentiary Basis Document review, observation, interviews

Provision 16.2 Miscellaneous Provisions Status Discussion
Recommendations

The parties agree, however, that henceforth: All residents shall have the opportunity to engage in at least one hour of large muscle exercise a day.
Substantial Compliance
This provision has moved from partial compliance to substantial compliance. During my visit, document review, interviews with youth and staff and my observation I found that youth are engaged in large muscle exercises for an hour or more each day. The facility should maintain this level of compliance with this provision.
1. Continue to develop policies and procedures and implement practices to address the needs of this provision including JCAs.
2. Continue to develop and implement programming and recreational schedules including JCAs.
3. Continue to provide and document training for staff on policies and procedures.
4. Continue to ensure that there is proper staffing availability so that residents are not unnecessarily “locked” in their cells.

Evidentiary Basis Document review, observation, interviews

Provision 16.3 Miscellaneous Provisions
Status

Henley-Young shall implement a policy which prohibits staff from insulting residents or calling them names, and using profanity in the presence of residents
Partial Compliance

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Discussion

This provision has moved from beginning compliance to partial compliance. In my interviews with youth, staff profanity is rare. However, youth did discuss other youth cursing and using profanity towards staff. Therefore, I would recommend staff continue to model good behavior in addition to developing groups with youth to assist them with better ways to constructively present themselves. I will review this again during my next visit. There is a social living skills program curriculum that is available for youth and juvenile detention facility.

Recommendations

The recommendations below should still be followed.
1. Develop policies and procedures and practices to address the needs of this provision. (Executed)
2. Provide training to staff in the proper de-escalation techniques of residents.
3. Administration must provide enough supervision to reduce or eliminate insulting behavior by staff.
4. Discipline and retrain staff as needed. 5. Provide training for staff on policies and procedures and document
training. 6. Hire an independent person to investigate allegations of abuse or
complaints regarding staff by residents. (Executed) 7. Purchase and train youth and staff on the social living skills
program curriculum.

Evidentiary Basis Document review, observation and interviews

Provision 16.4 Miscellaneous Provisions
Status
*Discussion

Henley-Young shall implement an adequate grievance policy that is accessible to all residents regardless of literacy levels, and that provides residents with the opportunity to appeal facility level determinations. Residents shall also obtain the grievance forms from the school liaison.
Partial Compliance
This provision remains at partial compliance Although the facility has JCAs,I recommend the facility continues to follow my comments from my previous reports and my recommendations from below.

Recommendations

1. Place grievance boxes on each unit and school, residents should not be required to request a grievance form.
2. Provide training for staff on policies and procedures and document training.
3. Provide training for residents on policies and procedures and document training.

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4. Ensure that residents are adequately familiarized with the grievance process during their orientation into the facility
5. Add a place on the Resident’s Grievance Resolution Report for a resident to request an appeal and place for the Director’s resolution.
6. Ensure Resident’s Grievance Resolution Reports are provided to the resident for their signature and their response to the outcome. If the resident disagrees with the resolution the resident has the right to appeal the decision to the director.
7. Any retractions of grievances should be done by residents and not by staff.
Document review, observation, interviews

Provision 16.5 Miscellaneous Provisions
Status Discussion
65

Hinds County denies that Henley-Young does not currently have an adequate policy whereby residents can request to see their attorney and/or Residents Court counselor. The parties agree, however, that henceforth: Henley-Young shall develop and implement an adequate policy that allows residents of all ages and literacy levels with the opportunity to request to see their attorney and/or Residents Court counselor. Residents shall obtain the form requesting a visit from his/her counselor from the school liaison. Henley-Young agrees to collaborate with the Plaintiffs to design and implement a comprehensive juvenile justice pre-service and in-service training program for detention center staff. Training shall include, but is not limited to, the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.
Beginning Compliance
The status of this provisionremains at beginning compliance. Based on my interviews with residents, there continues to be no indication and no documentation they had the opportunity to meet with their public defender prior to or after their court hearings. The facility now has case managers therefore, youth should be able to contact their attorneys, who should help them understand their case better and the process they are involved as relates to court proceedings. These youth should not have the ability to discuss their cases and updates on their case. This will keep the resident’s case from falling through the cracks. The process is more needed now with JCAs being a part of the Henley-Young.
Again, based on my most recent visit and review of documents, residents are still complaining they have not had the opportunity to speak with their

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attorneys. In my review of the records, there is still no indication that attorneys had visited their client. Again, I found no forms for requesting visits from counselors, attorneys or school liaisons. The requirements of the Prison Rape Elimination Act are not in place and still needs to be developed.

Recommendations

1. Develop policies and procedures and practices for this provision including JCAs.
2. Provide and document training for staff on policies and procedures. 3. Develop single form and system for incident reporting. 4. Develop system for receiving and mailing privileged and non-
privileged mail for residents. 5. Hire case management staff. (Executed) 6. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.). 7. Develop policies and procedures based on the prison rape
elimination act.

Evidentiary Basis Observation, interviews and Document reviews

Conclusion
I would again like to thank the Hinds County Board, the County’s Attorneys Anthony Simon and Pieter Teeuwissen, County Administrator Carmen Davis, the County Board, facility staff and the facility Director Johnnie McDaniel for their continued assistance and cooperation. As state in my report this facility has come a long way. It should be noted that the constant in this progress has been Eric Dorsey and Eddie Burnside. They have been in the trenches throughout this process and should be especially recognized for their efforts. Now, the hiring of a full-time clinical psychologist is a must to help move the remainingprovision to substantial compliance. The County should keep moving in this positive direction and maintain it.

LEONARD DIXON

66

 
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Henley Young Juvenile Justice Center Twelfth Monitoring Compliance Report
March 22, 2018
The Twelfth Monitor’s Report Henley-Young Juvenile Justice
Leonard B. Dixon
Background See previous reports for background history and to become familiar with this consent decree.
Recommendations based on findings, observations and interviews Result of visit on December 13, 2017 to December 15, 2017
Documentation provided and reviewed Jackson Fire Department Fire Inspection Report dated November 21, 2017 (no expiration date on
License) Pre-Engineered Restaurant Fire Suppression System Report dated December 8, 2017 Commission on Dietetic Registration card for Tanya D. Kisner expires August 2018 Hinds County Sheriff’s Office Active Juvenile Listing dated August 24, 2017 (14 residents) Youthful Offender Reporting excel sheet (14 residents) Food Establishment Inspection Report expires April 28, 2018 Food Service Menus prepared by Summit for 4 weeks approval date July 1, 2017 Henley-Young Juvenile Justice Center Organization Chart MH treatment plan CHS regarding short term stay residents performed by Susan Gabel on
November 28, 2017 MH treatment plan CHS regarding long term stay residents performed by Savannah Felix on
December 2, 2017 Maintenance Housekeeping Schedule from 2 am to 10 am Pending Policy on Hunger Strike Notification of Due Process Hearings:
August 24 – Resident J. C. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
August 30 – Resident K. R. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements, Hearing Decision and Administrative isolation)
August 30 – Resident R.J. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements, Hearing Decision and Administrative isolation)
September 7 – Resident M. G (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
September 20 – Resident K. H. (Included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
October 2 – Resident T. L. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
October 4 – Resident J. P. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision)
October 14 – Resident P.P. (Included with form Due Process Rights, Notice of
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March 22, 2018
Violation, Unusual Incident Report, Witness Statements and Hearing Decision) October 17 – Resident T. L. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, Witness Statements and Hearing Decision) October 20 – Resident T. M. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, Witness Statements and Hearing Decision) October 20 – Resident J. H. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, Witness Statements and Hearing Decision) October 23 – Resident S. W. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, and Hearing Decision) October 30 – Resident J. H. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, Witness Statements and Hearing Decision) October 30 – Resident T. L. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, and Hearing Decision) November 14 – Resident T. A. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report and Hearing Decision) November 14 – Resident D.L. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, and Hearing Decision) November 16 – Resident C. S. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report and Hearing Decision) November 21 – Resident T. A. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, Witness Statements and Hearing Decision) November 26 – Resident O. M. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, Witness Statements and Hearing Decision) November 27 – Resident R. J. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, Witness Statements and Hearing Decision) November 27 – Resident D. L. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, Witness Statements and Hearing Decision) November 27 – Resident J. C. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, Witness Statements and Hearing Decision) November 29 – Resident G. B. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, Witness Statements and Hearing Decision) November 29 – Resident P. T. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, Witness Statements and Hearing Decision) December 5 – Resident R. J. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report and Hearing Decision) December 5 – Resident F.B. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report and Hearing Decision) December 5 – Resident S. E. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report and Hearing Decision) December 11 – Resident D. J. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, Witness Statements and Hearing Decision) December 11 – Resident C. S. (included with form Due Process Rights, Notice of
Violation, Unusual Incident Report, Witness Statements and Hearing Decision) Hinds County Employee Compensatory Time Report ran date September 2017 Receiving Reports from Bob Barker for:
Various purchase orders etc. for December 2016
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March 22, 2018
1 purchase order dated June 2017 I (sticky note saying “items purchased in bulk, no Orders needed for the month of July-November 2017)
1 receiving report dated March 2017 Supply Requisitions:
July 2017 – 14 requisitions August 2017 – 9 requisitions September 2017 – 2 requisitions October 2017 – 4 requisitions November 2017 – 4 requisitions Departmental Budget for 2018 with attachments:
 Letter from HC Board of Supervisors to McDaniels regarding budget for FY 2018 and amendments
 Budget from 2016 – 2017 to 2017 - 2018 Quality Assurance Monthly Incidents Reports for months:
November 2017 – 26 incidents October 2017 – 24 incidents September 2017 – 15 incidents August 2017 – 12 incidents July 2017 – 3 incidents HY JJC – Juveniles Charged as Adults for: September 6, 7, 8, 11, 12, 13, 14, 15, 18, 20, 21, 22, 25, 26, 27, 28 and 29 Daily Roster sheets for months: July 2017 (missing 1-16, 22, 23, 29 and 30) August 2017 (missing 5, 6, 11-14, 19, 20, 22, 26 and 27) September 2017 (missing 2-4, 9, 10, 16, 17, 23, 24 and 30) October 2017 (missing 1, 6, 7, 8, 10, 14, 15, 21, 22, 24, 28, and 29) * all dates included
have sheets for Juveniles Charged as Adults attached November 2017 (missing 1, 2, 4, 5, 10, 11, 12, 16-19, 23-26) * all dates included have
sheets for Juveniles Charged as Adults attached Visitation Logs:
September 2017 (dated 10, 20, 24, 28 and 30) October 2017 (dated 1, 5, 7, 12, 14, 15, 19, 20,22,26,28, and 29) November 2017 (dated 2, 4, 5, 9, 11, 12, 16, 18, 23, 25, 26, and 30) December 2017 (dated 2, 3, 7, 9, 10, 14, 16 and 17) Juveniles Charged As Adults (JCAA) Visitation Logs: January (dated 1, 5, 8, 12, 22, 26, and 28) February (dated 2, 4, 5, 9, 12, 23, 25, and 26) May (dated 6 – no one visited) July (dated 1, 6, 8, 9, 16, 20, 22 – no visit, 25, 29, and 30) August (dated 19, 20, 24, and 31) September (dated 3, 13, 14, 16, 17, 23 - no visit, 24,
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Henley Young Juvenile Justice Center Twelfth Monitoring Compliance Report
March 22, 2018
Use of Force Incidents by Pods for months: November 2017 – 5 October 2017 – 9 September 2017 – 3 August 2017 – 3 July 2017 – Not submitted
Weekly Schedule for 4 Units * only gave HT summer weekly schedule Daily Recreation Schedule for 4 units from July 2017 to December 2017
(Payton missing October) including a Christmas and New Year Holiday schedule Quality Assurance Due Process Isolation Log Report
November 2017 – 10 residents October 2017 – 9 residents September 2017 – 3 residents August 2017 – 2 residents Quality Assurance Audit Report with pictures: Dated July 5, 2017 re: Master file timeframe to correct TBD Dated July 10, 2017 re: behavioral point system timeframe to correct TBD Dated July 11, 2017 re: facility walkthrough timeframe to correct TBD Dated (report not dated) re: JCAA visitation via video surveillance timeframe to correct
TBD Dated October 2, 2017 re: behavior point system timeframe to correct TBD Dated November 6, 2017 re: facility walkthrough timeframe to correct 11/13/17 with
Follow-up stated Dated November 13, 2017 re: resident grievance food taken timeframe to correct
Immediately Quality Assurance Resident Master File Audit:
Resident F. B DOB 5/1/03 Resident L. M DOB 9/14/00 Resident A. T. DOB 10/7/99 Resident C. W. DOB 11/22/99 Resident R. J. DOB 6/14/00 Quality Assurance Daily Population Records for months: November 2017 October 2017 September 2017 August 2017 July 2017 Quality Assurance Audit Reports for months/dates: November 2017 Restraint by type table Suicide watch log total 11residents Suicide attempt/self-injury etc. table Incident by month graph total 26 incidents Confinement hours table/graph Use of force incident table totaled 5 incidents Incident by shift graph total 26
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March 22, 2018
Incident by location Resident monthly total 475 October 2017 Restraint by type table Suicide watch log total 15 residents Suicide attempt/self-injury etc. table Incident by month graph total 24 incidents Confinement hours table/graph Use of force incident table totaled 9 incidents Incident by shift graph total 24 Incident by location Resident monthly total 464 September 2017 Restraint by type table Suicide watch log total 10 residents Suicide attempt/self-injury etc. table Incident by month graph total 15 incidents Confinement hours table/graph Use of force incident table totaled 3 incidents Incident by shift graph total 15 Incident by location Resident monthly total 402 August 2017 Restraint by type table Suicide watch log total 5 residents Suicide attempt/self-injury etc. table Incident by month graph total 12 incidents Confinement hours table/graph Use of force incident table totaled 3 incidents Incident by shift graph total 12 Resident monthly total 187 July 2017 Restraint by type table Suicide watch log total 11 residents Suicide attempt/self-injury etc. table Incident by month graph total 3 incidents Confinement hours table/graph Use of force incident table totaled 0 incidents Incident by shift graph total 3 Resident monthly total 364 HYJJC CAP based on findings and recommendations by Mississippi Division of Public Safety Planning (DPSP) Juvenile Facilities Monitoring (JFMU) dated July 31, 2017 with resolution and follow up on 8 findings HYJJC CAP based on findings and recommendations by Mississippi Division of Public Safety Planning (DPSP) Juvenile Facilities Monitoring (JFMU) dated October 24, 2017 with resolution on 3 findings
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Henley Young Juvenile Justice Center Twelfth Monitoring Compliance Report
March 22, 2018

Phone call logs 2017:

Initial Phone Call Log (?) dated:

February 7

November 22, 29

December 6

Tubman Pod dated:

September 5, 12

October 3, 17, 24

December 11, 12

Davis Pod dated:

July 19, 26

August 30

September 20, 27

October 11, 18

November 14, 15, 28, 29

December 5, 6

Payton Pod dated:

July 17, 24, 31

August 15, 28

December 4, 11

JFK Pod dated:

July 18, 19

August 9, 16

September 5, 20

October 10, 11, 17

November 14

Training sign in sheets for months:

New employee orientation dated July 17, 2017 to July 21, 2017 (6 employees)

Certification Training dated August 7, 2017 (10 employees)

40 hours refresher courses dated August 28, 2017 to September 1, 2017 (6 employees)

New employee orientation dated October 9, 2017 to October 13, 2017 (6 employees)

40 hours refresher courses dated October 30, 2017 to November 3, 2017 (6 employees)

Certification Training dated November 6, 2017 to November 21, 2017 (8 employees)

HYJJJ Monthly Grievances submitted:

(Note: 1 grievance submitted not dated nor signed by Resident T. L. Re: ant in food/snack)

July 2017 – 4 grievances submitted by residents

August 2017 – 1 grievance submitted by resident

`

September 2017 – 8 grievances submitted by resident

October 2017 – 9 grievances submitted by residents

November 2017 – 12 grievances submitted by residents

HYJJC Resident Incident Report/Use of Force/Unusual Incident Reports

December 2017 – 7 residents (includes some checklists, witness statements and

Medical forms)

***November 2017 – 24 residents (includes some checklists, witness statements and

Medical forms) *** includes an UI report regarding resident D. W.

attempted escape from hospital

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Henley Young Juvenile Justice Center Twelfth Monitoring Compliance Report
March 22, 2018
October 2017 – 18 residents (includes some checklists, witness statements and Medical forms)
September 2017 – 14 residents (includes some checklists, witness statements and Medical forms)
August 2017 – 9 residents (includes some checklists, witness statements and Medical forms)
July 2017 – 2 residents (includes some checklists, witness statements and Medical forms)
Case Management Initial Assessment File on Resident T. L. File #: 57824 Case Management Initial Assessment File on Resident K. R. File # 54688
Staff Interviewed Malcolm Sanders, Recreation Supervisor, 2 years Victor Johnson, Recreation Coordinator, 2 years and 5 months Alan Hines, Training Coordinator, 6 months Brenda Frelix, QMHA Eddie Burnside, Operations Manager Eric Dorsey, Quality Assurance Manager Johnnie McDaniels, Director Melvin Priester, Judge Hinds County Youth Court Tamika Barber, Case Manager Mashara Cook, Case Manager Ferniece Galloway, Case Manager Kenyatta Robinson, Food Service Director Shirley Jones, Cook Cornell Johnson, Cook
Youth Interviewed Resident M. G. 17 years old Resident C. B. 16 years old Resident T. L. 17 years old Resident J. J. 16 years old Resident P. T. 15 years old Resident K. R. 16 years old Resident O. M. 14 years
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Henley Young Juvenile Justice Center Twelfth Monitoring Compliance Report
March 22, 2018
Introduction This report is my twelfth (12th) official visit to the Henley-Young Juvenile Justice Center and to report the progress made since my previous visit. On December 13, 2017 through December 15, 2017, I conducted an official inspection and review of the facility. In this report, I detailed my findings from my visit which are based on the following criteria: 1) observations, 2) interviews, 3) subject matter expertise in operating juvenile institutions, 4) best practices in juvenile justice, 4) document reviews, and 6) video and audio reviews.
I would like to again thank the staff, facility administration, the County administrator and the Hinds County attorneys for their continued cooperation in this process. Additionally, in my discussions and interviews with the courts and administration I found a more collaborative tone developing as it relates to best practices on behalf of the facility, an observation also shared by Dr. Boesky in her discussion of her professional findings. At this time there is a greater spirit of cooperation between all parties involved which is without question a better situation for the children and staff involved. This is a process which can be very arduous and challenging in the best of environments, consequently the county, the courts and the facility administration should be given great praise for working together as a team for the betterment of youth and families in Hinds County.
Facility and Operational Culture Since my last visit the facility’s culture, which has been on a continuous improvement path with regards to the needs of the daily juvenile population, is good. However, with the new influx of Juveniles Charged as Adults, (JCAs) a new direction of care has to be addressed, and there has to be an integration of care for juveniles and JCAs. Although there may be a degree of separation in their physical locations within the facility, there must be equal level of services provided to each group at all times. As stated in my previous reports my major concern with the facility housing young adult residents from the county’s jail is Henley-Young staff’s ability to manage these more aggressive residents. I am concerned that staff be adequately and appropriately trained and have applicable supervision as it relates to this new group of young adults based on their higherlevel of erudition and systems knowledge.
The facility will need greater services from Hinds County Behavior Health Services and all other outside volunteer groups that provide services. The three case managers appear to be very engaged with the residents and there appears to be a continuity of care developing at HenleyYoung. Now that policies and procedures have been developed, it is only a matter of making them consistent and the practices becoming part of the facility culture.
As stated in my previous report, the facility must continue to focus on the following:
A. Adequately training staff –With the entering of JCAs, training must be updated to address new use of force, control of force and the development of a restraint team (RTs) and a more robust staffing plan. The young adults transferring from the Hinds County Jail, the facility has to ensure staff is trained extremely well and that they become familiar with differences as it relates to the current juveniles population and the new
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March 22, 2018
young adult population who have already been exposed to the adult system and can be more aggressive. (see previous report) B. Hiring and train case managers – Continue to train the case managers on the policies and procedures and follow their progress. I will review the program on my next visit for continuity and practice.
C. Implementation of mental health programs – The facility still needs to hire a clinical psychologist PhD level. ( see Dr. Boesky’s report)
D. Develop MOU with Jackson Public Schools – During this visit I found that several of the JCAs had not be integrated into the school system and were not participating in the school program. There has not been an MOU with Jackson Public School which should be prepared. It must be understood that education is a part of the daily programming and must be provided and made available to all youth in the facility. Although, these residents are JCAs they are still a part of the educational process and must be provided with schooling. (See Mrs. Brooks report filed 11/2017).
E. Develop recreation programs and purchase additional equipment for youth – The facility continues to do a good job in providing recreation for male and female residents. However, I would recommend more activities for girls as one of their complaints is that they don’t receive the same level of recreation as the boys. I believe with the addition of the female recreation specialist these complaints will be reduced.
F. Update cameras and intercom systems - the facility continues to work on these areas. The camera and intercom systems are critical for safety and security of staff and youth and vital for investigations. The County still needs to work on this matter.
G. Continue to improve medical system –Dr. Ezike will provide report.
H. Renovate and redesign unused space –Based on my review the county has made no inroads or provided any support for changes in this area.
I. Continue to maintain cleanliness and repairs of the facility – The County should continue to support the cleanliness of the facility and provided resources for repairs and maintenance. The County has done an outstanding job from the beginning of the process to present and should be commended. The administration should continue its efforts in maintaining the facility.
J. Develop an adequate case management system – The facility has a case management system and has new policies and procedures. I will review these on my next visit for continuity and practice.
K. Develop and maintain adequate data collection system – The County needs to develop a structure for an IT system data collection/processing system A Project Manager and an IT person are needed to help develop the type of information system needed. (See my previous report).
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March 22, 2018
Facility Staffing I have made recommendations to the County for the population to be set a 32 youth, this is an opportunity now to reclassify some positions as it relates to staffing. (See December 4, 2017 memorandum). The facility now has nine (9) vacancies which should be filled. As stated above, with young adults transferring from the Hinds County Jail, the facility has to ensure staff is trained extremely well and that they become familiar with differences as it relates to the current juveniles population and the new young adult population who have already been exposed to the adult system and can be more aggressive. For that reason I am recommending an enhanced and more robust staffing as well as training program. This enhanced staffing would consist of a certified Restraint Team (RTs) and members of the restraint team being assigned to each shift. The County will need to hire several new staff for these enhanced positions and to train several of the existing Henley-Young staff to make-up this new team. There is a national organization Controlled F.O.R.C.E Inc. that can assist the County in the training of this new team and help the new team in developing different methods to adequately handle this new and challenging milieu. This company has been effective in assisting youth oriented agencies in developing staff. The company has been able to use verbal and physical control methods to better improve safety and to effectively manage the juveniles better in care. The program course curriculum covers a variety of body positioning drills, verbal de-escalation programs, takedowns, subject control tactics, handcuffed positioning and restraint applications in addition to team restraint tactics. There is also a train- the- trainer module that will enhance the current training program(s) at Henley- Young and the programs would be more cost-effective. As stated by the company “This program can be customized to best help reduce injuries and provide staff with the skills needed to be safe and effective”. As stated previously, I have used this program in my facility for several years and it has been an excellent addition to our training and staffing structures.
Training The facility should continue its training program.
Building Cleanliness/Environmental Issues/Maintenance See previous report.
Professional Standards of Care/Sustainability See previous report.
Mental Health See Dr. Boesky’s report 12/2017.
Suicide Prevention See Dr. Boesky’s report 12/2017.
Behavior Management/Isolation There has been an uptick in behavior management -isolation with the JCA resident. During my unannounced visit in August the JCA residents were being locked-down and shackled during their time outside for recreation. This was a clear attempt to ensure that the control of the facility was not lost to this new resident type. I don’t think it was used in the way of intimidation but
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March 22, 2018
more as a way to control, however, this practice was discontinued after a discussion with the administration. During my next two subsequent visits, the practice had been discontinued and none of the JCAs that I interviewed mentioned the practice continuing. Medical, Medication Review & Disposal See Dr. Ezike’s updated report and recommendations based on her most recent 2017 visit. All medical policies must be revised for the juveniles at Henley Young. Food Service The food service continues to improve based on my interviews with the residents and my review of the menus and interviews with the staff.
89-day program (Secure Intervention Unit)/Juvenile Court At this point in time, the 89-day program has been disbanded and the facility case managers are doing a very good job of providing assistance and case management work to the residents at the Henley-Young. At this juncture practice and consistency will be part of my next review. School Mrs. Brooks’ has provided an updated report and recommendations based on her visit.
Juveniles Charged as Adults (**) represents juveniles charged as adults added to the center. These youth JCAs must meet the terms of the provisions the as juveniles housed at Henley- Young.
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March 22, 2018
Below are the compliance ratings and summary of ratings used in this report. However, as stated above the facility continues to make progress on provisions.
Please note again that some of the comments and recommendations in the provisions are restatements of previous reports because in those areas minor or some movement has been made. The Director should use these comments as a road map to continue developing the facility plan. He should also continue to develop comprehensive corrective action plans for guidance. That plan should have the following:
A. Clearly state the problem or weakness, including the root cause
B. List the individuals who will be accountable for the results of the corrective action plan
C. Create simple, measurable solutions that address the root cause
D. Each solution should have a person that is accountable for it
E. Set achievable deadlines
F. Monitor the progress of the plan
The graph below has been included to show the progress made thus far on the 71 provisions:

Compliance Summary

40

37 34

30 20

30 25
13

30

28

26

22 23

1715 9

18

17 17

1114 11 13 13

29 22
14

29 20 17

10 00

3

6

5

0

Report 5 Report 6 Report 7 Report 8 Report 9 report 10 report 11 report 12

NC BC PC SC

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Compliance Code Measurements
Substantial Compliance (SC): Practices follow the county-approved policies, training materials or other documents; practices follow policy with rare exception and exceptions lead to corrective action; trained staff fill all positions and vacancies are filled within 3 months; the County has completed work in an acceptable manner; policies, procedures and practice and training are fully operational and quality-assurance audited and audit exceptions lead to corrective action; outcomes meet or exceed agreement requirements.
NOTE: Provisions labeled (SC*) will be or were eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.
Partial Compliance (PC): Policy and procedure is implemented in some but not all locations or times; staff are hired but not trained; the County is working on implementation but tasks are not completed; system implemented at some but not all locations or times, outcomes meet or exceed agreement requirements some of the time and in certain area.
Beginning Compliance (BC): Policy and procedure is written by the county but has not been implemented; funding and hiring authority are approved by the County but positions are not filled; training materials prepared and approved by the county but training has not started.
Non-Compliance (NC): No action taken and immediate steps needed to maintain schedule or prevent further delay. A policy may exist, but the policy may need significant revision or modifications and rarely translates into practice.

Provision 1.(1) 1.(2) 1.(3) 1.(4) 1.(5) 1.(6)

Intake All Residents Admitted to Henley Young MAYSI-2 Mental Health Screening Prescription Medications Meal Compliance Telephone Usage Strip Search Policy

9th Report
NC NC NC SC SC PC

10th Report
NC NC BC SC* SC* PC

11th Report
BC BC BC SC* SC* PC

12th Report
BC BC BC SC* SC* PC

Provision 2.(1) 2.(2) 2.(3)

Staffing and Overcrowding Direct Care Staff Ratio Maximum Capacity Adjustment One-Person Cell

NC

BC

SC

SC

SC

SC*

SC*

SC*

SC

SC*

SC*

SC*

Provision

Cell Confinement

3.(1) Structured, Rehabilitative & Educational Programming BC

PC

PC

PC

3.(2) Appropriate Access to Living Unit

NC

BC

PC

PC

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3.(3) Dangerous Residents 3.(4) Isolation
3.(5) Direct Care Staff on Units

9th Report
NC BC
BC

10th Report
BC PC
PC

11th Report
BC SC
SC

12th Report
BC SC
SC

Provision

Structured Programming

4

Educational, Rehabilitative, and/or Recreational Programs

BC

BC

PC

PC

Provision

Individualized Treatment Plans/Treatment Program for Post-Disposition Residents

5.(1) Residents Access to Adequate Rehabilitative Services

NC

NC

BC

PC

5.(2) Health and/or Substance Abuse Treatment

NC

NC

BC

BC

5.(3) Treatment Plans

NC

NC

BC

BC

5.(4) Review of Individual Treatment Plans

NC

NC

BC

PC

5.(5) Evening and Weekend Programs and Activities

NC

NC

BC

PC

5.(6) Quality Assurance Program

PC

PC

PC

PC

Provision

Disciplinary Practices and Procedures

6.(1) Implement a Discipline Policy and Practice

6.(2) Policy for Residents Violations

NC

BC

PC

PC

NC

BC

PC

PC

Provision

Use of Restraints

7.(1) Mechanical Restraints

PC

7.(2) Mechanical Restraints – Transportation**

SC

7.(3) Misuse of Mechanical Restraints

SC

7.(4) Mental Health – Use of Mechanical Restraints

BC

7.(5) No Restraint Chairs, Chemical Restraints and/or Tasers SC

7.(6) No Hogtying in Facility

SC

7.(7) Mechanical Restraints – One-On-One Supervision

SC

7.(8) Mechanical Restraints – Notice to Medical Professional PC

7.(9) No Electronic Restraints

SC

7.(10) No Firearms in Facility

SC

SC

SC

SC*

SC

SC

SC

SC

SC

SC*

BC

BC

BC

SC*

SC*

SC*

SC*

SC*

SC*

SC

SC

SC*

SC

SC

SC

SC*

SC*

SC*

SC*

SC*

SC*

Provision

Use of Force

8.(1) No Misuse of Use of Force

8.(2) Notice to Medical Professional After Use of Force

NC

BC

PC

PC

PC

PC

PC

PC

Provision 9.(1) 9.(2) 9.(3)

Meals and Nutrition All Meals and Snacks Must Be Nutritional Comply with Nutrition Guidelines Provide Drinking Water Throughout the Day

PC

PC

SC

SC

BC

PC

SC

SC

PC

SC

SC

SC

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Henley Young Juvenile Justice Center Twelfth Monitoring Compliance Report
March 22, 2018

Provision

Clothing

10

Provide Basic Clothing Items

9th

10th

11th

12th

Report Report Report Report

PC

SC

SC

SC

Hygiene and Sanitation

11.(1) Provide Appropriate Hygiene Products

PC

SC

SC

SC

11.(2) Provide Sleeping Mats and Blankets

SC

SC

SC

SC

11.(3) No Deprivation of Mats and Blankets

SC

SC* SC* SC*

11.(4) Sufficient Sanitary Mats and Blankets

SC

SC* SC* SC*

11.(5) Clean and Sanitary Environment

BC

PC

PC

PC

11.(6)

Fire Safety, Weather Emergencies, Sanitation Practices, Food Safety, and Provide Safe Environment

BC

PC

PC

PC

11.(7) Clean Drinking Glasses and Eating Utensils

PC

SC

SC

SC

Provision

Medical Care

12.(1) Provide Residents with Adequate Medical Care

NC

BC

BC

BC

12.(2) Provide Medical Professional When Needed

NC

BC

BC

BC

12.(3)

Implement a Sick Call Policy to Ensure 24 Hour Services

NC

BC

BC

PC

12.(4)

Prescription Medications Only Dispensed by Medical Staff

NC

BC

BC

PC

12.(5) Provide Medical and Mental Health Services

NC

BC

BC

PC

12.(6)

Proper Monitoring Residents Who Require Individualized Attention

BC

BC

BC

BC

Provision 13.(1) 13.(2)
13.(3)
13.(4) 13.(5)
13.(6)

Mental Health Care Provide Adequate Mental Health Care Residents and Psychotropic Medications Within 72 Hours of Admittance Complete an Individual Mental Health Treatment Plan Implement Policies and Procedures for Referrals Sufficient Psychiatric Services Psychiatrist and/or Counselors to Record Review to Ensure Proper Care

NC

NC

NC

BC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

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Henley Young Juvenile Justice Center Twelfth Monitoring Compliance Report
March 22, 2018

Provision 14.(1) 14.(2)
14.(3)
14.(4)

Suicide Prevention Multi-tiered Suicide Prevention Policy Evaluate Highest Level of Suicide Watch Every 12 Hours by Medical Professional Closely Monitor Suicide Watch Residents During All Activities Court Shall be Notified Within 24 Hours of Any Residents on Suicide Watch

9th Report
BC BC

10th Report
BC BC

11th Report
BC BC

12th Report
BC BC

BC

BC

BC

BC

BC

BC

BC

BC

Provision 15.(1) 15.(2) 15.(3) 15.(4)

Family Support and Interaction Visitation Shall Not Be Restricted or Withheld Provide Accommodations for Contact Visits Visitation Shall be Regularly Scheduled Phone Calls Shall be Allowed Based on Policy

SC

SC* SC* SC*

SC

SC* SC* SC*

SC

SC* SC* SC*

PC

PC

PC

PC

Provision

Miscellaneous Provisions

16.(1) Provide Equal Access to All Services

BC

PC

SC

SC

16.(2)

Provide the Opportunity to Participate in Large Muscle Exercise Every Day

NC

BC

PC

PC

16.(3)

Prohibit the Use of Profanity in the Presence of Residents

BC

BC

BC

BC

16.(4) Provide Adequate Grievance Policy

PC

PC

PC

PC

16.(5)

Provide Residents of All Ages with the Opportunity to See Their Attorney and/or Residents Court Counselor

BC

BC

BC

BC

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Henley Young Juvenile Justice Center Twelfth Monitoring Compliance Report
March 22, 2018

The following are my observations and recommendations specific to the provisions of this agreement. It should be noted that my introductory comments are integral measures of the provisions and should be seen as such.

1. Intake
Provision1.1 Intake
Status Discussion

All residents admitted to Henley-Young shall receive a health screening, within 1 hour of admission or as soon as possible as reasonably thereafter, by appropriately trained staff as required by Mississippi Code Annotated § 43-21321. Information obtained during the screening shall include, but shall not be limited to, the juvenile’s: (a) Mental health; (b) Suicide risk; (c) Alcohol and other drug use and abuse; (d) Physical health; (e) Aggressive behavior; (f) Family relations; (g) Peer relations; (h) Social skills; (i) Educational status; and (j) Vocational status.” Mississippi Code Ann. § 43-21-321(1). During this screening, Henley-Young shall obtain information regarding the resident’s educational status by having the residents or intake officer complete an education screening form developed and provided by the Jackson Public School District.
Beginning Compliance **
The provision remains at beginning compliance. The facility has developed policies/procedures. However, the County is still in the process of hiring a psychologist to oversee the qualified mental health professionals (QMHP). Mental health and medical screening are extremely important. During this transition of adding Juveniles Charged as Adults (JCAs) into the facility will require the additional mental health services necessary, due to the maturity and sophistication of this new group of youth entering Henley-Young.

Again, as stated in my previous report, the County still has to develop a scope of service that would detail the following areas as it relates to mental health services being provided for youth at Henley Young:
1. Psychiatric evaluations 2. Medication management 3. Therapy services (individual, group and family) 4. Follow-up case management 5. Patient and family education 6. Specializes in the treatment of mentally ill pregnant females 7. Tele psychiatric services

Dr. Boesky has provided an updated report and recommendations based on her visit. According to Dr. Boesky, there still needs to be more strength- based questions added to the intake screening process. Please see her report.

There continues to be youth who are entering the facility who are identified based on the MAYSI-2 screening who have identified suicidal and mental health risks that are not being addressed.

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Henley Young Juvenile Justice Center Twelfth Monitoring Compliance Report
March 22, 2018

Recommendations

1. Fully develop admitting policies and procedures to reflect provision 2. The court should provide staffing for intake purposes 3. The facility should provide enough staff to fully cover the care and custody
issues in the facility 4. Ensure all staff who admit residents are properly trained 5. Develop training records 6. Provide documentation in an organized way on residents being
screened/admitted (files) 7. Hire Doctoral Level Clinical Psychologist. 8. Ensure all residents’ records are available for my review with all areas of the
provisions placed in the resident’s file 9. Dr. Boesky has provided an updated report and recommendations based on
her last visit.

Evidentiary Basis Document review, observation, interviews

Provision 1.2 Intake
Status Discussion

All residents shall receive a MAYSI-2 mental health screening upon admission, as required by Mississippi Code Annotated § 43-21-321. The screening will be conducted in private by appropriately trained staff of Henley-Young. If the screening indicates that the residents is in need of emergency medical care or mental health intervention including, but not limited to, major depression, suicidal ideation, withdrawal from drugs or alcohol, or trauma, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation immediately or as soon as reasonably possible.
Beginning Compliance**
This provision remains at beginning compliance. The facility has initiated a new MAYSI mental health screening tool and has developed policies/procedures. However, the County is still in the process of hiring a Doctoral Level psychologist to oversee the qualified mental health professionals (QMHP).

Dr. Boesky has provided an updated report and recommendations based on her last visit.

Continue to develop and follow mental health plan.

Recommendations

1. Develop comprehensive policy and procedures for this provision. 2. Develop resident files that are organized and arranged properly 3. Develop training and provide documentation of training 4. Identify person or person(s) whose responsibility is to score the
instrument

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Evidentiary Basis

5. Provide documentation on who reviews the instrument and note what services are provided for the residents in the facility and what services should continue when the residents leave the facility
6. Develop process whereby facility staff and court employees develop a system for the sharing of information and reviewing of residents’ files which are centrally located and accessible to detention staff.
7. Develop plan of action for follow-up services upon a youths release 8. Dr. Boesky updated report and recommendations based on her last
visit. 9. Add drug, Alcohol and Trauma to the screening. 10. Hire doctoral level psychologist
Document review, observation, interviews

Provision 1.3 Intake
Status Discussion

Prescription medications will be secured for all residents who have a valid, current prescription within 8 hours of admission, if possible, but in no case, longer than 24 hours after admission, including weekends and holidays. If during a resident’s detention, a medical professional either prescribes a new medication or renews a resident’s previous prescription medication, HenleyYoung will secure the prescription medication within 8 hours of receiving the prescription, if possible, but in no case, longer than 24 hours after receiving the new prescription, including weekends and holidays. Henley-Young shall procure and/or purchase all prescription medications prescribed to confined residents.
Beginning Compliance **
This provision remains at beginning compliance. In my discussion with Dr. Ezike, she informed me that although Henley-Young has improved its medical services, those reforms should be geared more towards juvenile care rather than adults. Please review Dr. Ezeke’s upcoming report.

Recommendations

1. Hire a Medical Doctor, physician’s assistant or a practitioner. This person must be involved in developing the medical department and to direct medical care.
2. Maintain written policy and procedures or protocol for this provision 3. Document staff training on distribution and side effects of medication 4. Provide documentation on efforts to obtain prescription drugs 5. Dr. Ezike will provide an updated report and recommendations based on
her visit

Evidentiary Basis Document review, observation, interviews

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Henley Young Juvenile Justice Center Twelfth Monitoring Compliance Report
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Provision 1.4 Intake
Status
Discussion

Upon admission to Henley-Young, all residents shall be offered a snack or meal in compliance with the United States Department of Agriculture’s School Meals Program standards.
Substantial Compliance*
The facility has maintained substantial compliance on this provision based on my observation, interviews and review.

Recommendations

Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation, interviews

Provision 1.5 Intake Status Discussion
Recommendations

Upon admission to Henley-Young, all residents shall be permitted to telephone a parent or legal guardian free of charge and to take a shower before being placed on the pod.
Substantial Compliance**
The facility has remained at substantial compliance on this provision, based on my observation and review.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation, interviews

Provision 1.6 Intake
Status Discussion

Within 60 days of the date of this agreement, Henley-Young shall develop and implement policies that limit strip searches to instances where Henley-Young staff has an articulable suspicion that a resident may possess weapons or contraband. Anytime a strip search is conducted, Henley-Young staff must document, in writing, their suspicion, obtain permission from a supervisor, and conduct the search in a manner that minimizes the intrusion into the resident’s privacy.
Partial Compliance
The status of this provision remains at partial compliance. See my previous reports and my discussion on safety and security.

Recommendations 21

1. Staff must be provided with the necessary training with information stating the trainer, name of the training class/course, time, date and location of training.

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Henley Young Juvenile Justice Center Twelfth Monitoring Compliance Report
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Evidentiary Basis

2. This documentation should be kept and logged in facility records. 3. Continue to provide enough staff for adequate coverage 24/7.
Document review, observation, interviews

2 Staffing and Overcrowding

Provision 2.1 Staffing and Overcrowding

Within 90 days of the date of this agreement, Henley-Young shall operate with a direct care staff to resident ratio of 1:8 from the hours of 6:00 a.m. until 10:00 p.m. and a ratio of 1:10 from the hours of 10:00 p.m. to 6:00 a.m.

Status

Substantial Compliance**

Discussion

The status of this provision has moved to substantial compliance at this time.

Although, this provision will need modification, I understand that Hinds County has ceased its practice of strip searching residents during the admission process at Henley-Young unless there is an articulable suspicion that a resident possesses weapons, drugs, or contraband and is in the process of implementing a policy that complies with the consent decree.

The facility has hired adequate direct care staff and has hired case managers. The facility has not yet hired a Doctor Level Psychologist. See Dr. Boesky’s Report.

The County should be commended for providing adequate funding and ensuring that the population remains capped at 32. My concern is that although the facility is capped at 32, young adults who may be transferred to the facility from the County Jail will stay longer and the population may increase.

Recommendations

At this time, the staffing continues to lends itself to a more professional, safe and secure environment for staff and youth. Facilities that are properly staffed and trained are safer and conditions of confinements and accountability are improved.
Duty Post Staffing/Administration

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Henley Young Juvenile Justice Center Twelfth Monitoring Compliance Report
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Units

Day Shift Evening Shift Night Shift Total

A officer

3

3

2

8

B officer C officer D officer

3

3

2

8

3

3

2

8

3

3

2

8

Intake

1

1

1

3

Master Control

1

1

1

3

Staff for Court

Transportation

2

2

4

Internal

Transportation

2

2

4

Laundry

2

2

4

*Director

1

*Deputy Director

1

*Operation

1

Manager

Supervisors

3

3

2

8

26

23

12

61

61 Direct care/supervisor/laundry staffing X 1.5 Relief Factor—Total staff needed to effectively operate the facility—91.5 1 to 8 Awake—1 to 10 Sleep

Misc. post coverage Medical/MH Hospital Runs One on One MH/Medical Visitation *Administration *Maintenance

* Hire Doctoral Level Clinical Psychologist

Evidentiary Basis

See December 24, 2017 Memoranda on Reduction/Appropriation of staffing and incentives.
Document review, observation, interviews

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Henley Young Juvenile Justice Center Twelfth Monitoring Compliance Report
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Provision 2.2 Staffing and Overcrowding
Status Discussion

If the staff-to-resident’s ratio falls below the requirements of section 2.1 for longer than two (2) days, the Director or his assignee shall immediately identify residents accused of nonviolent offenses who are eligible for less restrictive alternatives to secure detention and request an emergency release for eligible residents from the appropriate Residents Court. The maximum capacity of Henley-Young shall be calculated by determining how many direct care staff members can supervise residents in accordance with section 2.1. The current maximum capacity of Henley-Young is 84.
Substantial Compliance**
The facility continues to be in substantial compliance.

Recommendations Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.
Evidentiary Basis Document review, observation, interviews

Provision 2.3 Staffing and Overcrowding Status
Discussion

No more than one resident shall be placed in a one-person cell.
Substantial Compliance* The facility continues to be in substantial compliance on this provision.

Recommendations

Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation

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Henley Young Juvenile Justice Center Twelfth Monitoring Compliance Report
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3 Cell Confinement

Provision 3.1 Cell Confinement

Residents shall be engaged in structured, rehabilitative, and educational programming outside of their cells during the hours of 7:00 a.m. to 9:00 p.m. each day, including weekends and holidays.

Status

Partial Compliance**

Discussion

This provision remains in partial compliance. During this visit and as a result of my document review I found that the Juveniles Charged as Adults (JCAs) population has increased to high of 14. Also I found that these youth were not attending school and that only one JCA a 13- year old was attending the school program after he had been in the facility for over a week. The other JCAs were on their units during the school hours. School is a major component of facility programming and should be seen as such. Therefore, while youth are in Henley-Young educational services must be provided. Consequently, the facility remains in at partial compliance. Please see: Ms. Brooks report.

Recommendations

1. Continue to maintain policies and procedures for this provision. Ensure JCAs are included in programming.
2. Review the schedules to be sure that they adequately reflect all daily activities.
3. Develop positive behavior management systems with rewards and consequences for all youth including JCAs.
4. Remove the dark film from the Plexiglas in towers on unit which would allow staff to view the unit without there being visual obstruction (when lights on). Executed
5. Develop monthly recreation and education schedules for all youth juvenile and JCAs.
6. See all of the recommendations for recreation activities and programming and for the school in the introduction.
7. Purchase frames for facility activities and schedule 8. Hire recreation staff 9. Fully develop award and incentive program 10. Facility administrators documented walkthroughs 11. Also, see Ms. Brooks-Report

Evidentiary Basis Document review, observation, interviews

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Henley Young Juvenile Justice Center Twelfth Monitoring Compliance Report
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Provision 3.2 Cell Confinement
Status Discussion

Except when residents are in protective custody or confined subject to section 3.3 of this Settlement Agreement, residents placed in the Suicide or Booking cells shall be allowed to spend the hours of 7:00 a.m. to 9:00 p.m. on the appropriate living unit and to have the opportunity to engage in structured, rehabilitative, and educational programming, unless medically counter-indicated.
Partial Compliance**
The status of this provision remains in partial compliance. During my review of documents, observations and discussion with staff and youth, I still found no indication of youth being placed in the booking area for suicide watch, living or programming. However, I did find JCAs who were not in school were maintained in their units and rooms as a safety precaution. I can understand why this was happening. As stated in my last report, “youth transitioning from a jail environment, which is operated by sworn officers to Henley-Young, which is staffed by unsworn staff may lead to an increase in violence towards both staff and other residents. Plainly this new group of youth must be adapted to the Henley-Young culture, which takes time. Since this transition has occurred, the facility administration and staff must ensure that training, vigilance and strong programming is in place. During this visit and during multiple phone conferences I made this clear. The current juvenile programming is doing much better, now the facility must incorporate the new JCAs into it. I will review for improvement during my next visit.
Also, see Ms. Brooks report

Recommendations

1. Continue to follow recommendations as set forth in section 3.1. 2. Continue to maintain adequate policies and procedures for this
provision. 3. Develop data collection for residents who are placed in protective
custody or confinement. 4. Residents who are removed from school should continue to be
placed in a designated living area based on classification. 5. Ensure JCAs are integrated into regular programming and only in
units and rooms when appropriate. 6. See Ms. Brooks report

Evidentiary Basis Document review, observation, interviews

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Provision 3.3 Cell Confinement
Status Discussion

Residents who pose an immediate, serious threat of bodily injury to others may be confined in their cells for no longer than 12 hours at a time without administrative approval. Residents who are placed on cell confinement for this reason shall be released from their cells daily to attend school, maintain appropriate personal hygiene and to engage in one hour of large muscle exercise. Staff must perform visual checks on residents who are subject to cell confinement every 15 minutes. Staff must document all instances of cell confinement in writing and must document the justification for determining that a resident poses an immediate, serious threat of bodily injury.
Beginning Compliance**
This provision remains in beginning compliance. As stated in provision 3.2, the transition of JCAs being placed at Henley-Young has disturbed the natural order to a certain extent of staff supervising only juveniles to now supervising JCAs. Although the administration and staff are working hard, it is still not easily or readily done overnight. The facility continues to transition as it relates to receiving JCA’s. On one of my visits leg irons were being used to ensure that these youth would not escape. During my most recent visits that practice had stopped. Now the facility must ensure that JCA’s are participating in school and also actively participating in all programing and are not locked in their rooms or kept back on the units during school or any other time for safety precautions unless there is a true need for room or unit confinement.
Also see Ms. Brooks report

Recommendations

1. Continue to ensure staff is following policies and procedures for this provision.
2. For residents placed in their rooms, ensure the forms that have been developed are being used to indicate the time residents will be in their rooms and post it on their doors.
3. Continue to ensure that supervisors sign off on the form in 15minute staggered visual checks when residents are placed in their rooms.
4. Continue to develop a system of major and minor consequences for behavior.
5. Develop form for 15-minute checks and include in policy. (Executed)
6. Ensure JCAs are placed in regular programming 7. Ensure JCAs are attending school and not in their rooms or units all
day.

Evidentiary Basis Document review, observation, interviews

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Provision 3.4 Cell Confinement Status Discussion
Recommendations

Residents shall not be automatically subjected to cell confinement and/or isolation upon their admission to Henley-Young unless he or she would be subject to cell confinement under section 3.3.
Substantial Compliance**
This status of this provision remains in substantial compliance as it relates to juveniles. Therefore, the facility should continue to follow the policies and procedures as it relates to this provision. I found no indication that regular juvenile residents are being automatically subjected to isolation
upon their admission to the facility. However, based on my review of documents and my observation, JCA’s are being maintained within the unit
and are not fully integrated into the facility programing. Therefore since JCAs are now being transferred to Henley-Young this provision must be reviewed based on the new population and my interpretation of provisions 3.2 and 3.3, which I will review upon my next visit and my unannounced visits. The facility has come a long way nevertheless, the County must ensure with this very new population that it does not fall backwards. I will
review upon my next visit.
1. Continue to maintain adequate policies and procedures for this provision.
2. Continue to ensure all staff is trained and document training. 3. See provision 3.2 and 3.3 4. Continue to ensure practice is consistent with policy and procedure. 5. Continue to ensure there is adequate staffing and supervision for this
area

Evidentiary Basis Document review, observation

Provision 3.5 Cell Confinement
Status Discussion

At all times between the hours of 7:00 a.m. to 10:00 p.m., at least one direct care staff shall be stationed on any living unit where two or more residents are placed, and direct care staff shall be actively engaged with residents. From 10:00 p.m. to 7:00 a.m., staff shall conduct visual checks on residents every 15 minutes. Henley-Young shall ensure that every cell has an operating intercom that allows residents to communicate with staff at all times.
Substantial Compliance **
This provision remains in substantial compliance. Based on my review and observation, I continue to find that staff is now in the living areas where the youths are. This is due in part to the adequacy of staff and the population cap remaining at 32 which provides for staff to monitor and supervise without there being an interruption in programming. I did find staff was actively engaged during my visit. However, I would recommend more administrative unannounced visits on the evenings and night shifts. In

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addition, the administration must ensure its adequacy of staff as it relates to JCAs. I will review upon my next visit.

Recommendations

1. Continue to maintain adequate policies and procedures for this provision including JCAs into regular programming.
2. Continue to maintain adequate staffing. 3. Continue to maintain Provide adequate staff supervision. 4. See my last report 5. Continue to maintain and review the deployment of staffing
especially with JCAs in mind. 6. Do more administrative unannounced visits during the night shift

Evidentiary Basis Document review, observation, interviews

Structured Programming

Provision 4 Structured Programming

Henley-Young shall administer a daily program, including weekends and holidays, to provide structured educational, rehabilitative, and/or recreational programs for residents during all hours those residents shall be permitted out of their cells, pursuant to section 3.1. Programming shall include:
a. activities which are varied and appropriate to the ages of the residents;
b. structured and supervised activities which are intended to alleviate idleness and develop concepts of cooperation and sportsmanship; and
c. Supervised small group leisure activities, such as a wide variety of card and table games, arts and crafts, or book club discussions.

Status

Partial Compliance **

Discussion

The status of this provision remains at partial compliance.

The facility has done a very good job as it relates to developing programming for juveniles, and this should continue. The recreation staff is motivated and is continuously developing activities and securing outside programming for the residents. The staff has developed an outstanding activity room in the multipurpose area of the building with games, TV and some workout equipment. This should be commended.

Now the administration must develop programming for the JCAs who have been transferred to the facility and include them into the overall facility programming. Structured education for these youth is a must as most are limited in their educational progress and are also behind in their academic

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pursuits, which much research has shown. Frankly many of these youth cannot read. Therefore, any programming must include the JCAs and continue to have the following:

As stated in my previous reports,

A. Comprehensive policies and procedures B. Reasonable rules and expectations C. Order D. Organization and clarity F. Clear rewards and incentives G. Reasonable and consistently implemented sanctions H. Case management to ensure youth are there is a collaborative process that assesses, plans, implements, coordinates, monitors, and evaluates the options and progress youth are making during their stay. I. good programming which includes an all-inclusive educational program.

Recommendations

It should be noted as stated in my previous report, that education is a major component of programming in a juvenile facility including the JCAs therefore programming, scheduling and school should be tied together.
1. Continue to develop adequate policies and procedures for this provision, which includes JCAs.
2. Continue to provide adequate schedules for weekdays and weekend programming and act on it including JCAs.
3. Continue to develop an adequate monthly recreation schedule with age appropriate games and programs.
4. The facility need to hire an officer dedicated to developing and monitoring recreational programs. (Executed)
5. Hire case management staff. 6. See recommendation on school in introduction.

Evidentiary Basis Document review, observation, interviews

5. Individualized Treatment Plans Treatment for Post-Disposition Residents

Provision 5.1 Individualized Treatment Plans Treatment Program for PostDisposition Residents

Henley-Young shall ensure that residents have access to adequate rehabilitative services. Henley-Young shall ensure that children placed in the facility post-disposition will receive constitutionally compliant rehabilitative services.

Status

Partial Compliance**

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Discussion

This provision has moved to partial compliance. The facility has hired 3 case managers. My review of document and interviews with youth reveals the case managers are conducting interviews, providing counseling, assessments, facilitating group meetings and providing the needed advocacy youth were lacking in the past. They are also meeting with parents and providing assistance within the courts on a regular basis. All of the youth I spoke with knew their case manager. The only concerns the youth and the case managers had was the availability of court counselors and public defenders and there providing of information on the youth’s court progress and disposition. It would be a good idea if the facility would allow case manages to visit other facilities to see how a case management system works in other juvenile detention facilities. In addition, I would recommend the county allow case managers to visit the adult court where JCAs cases are being processed. This would provide an important understanding in the JCAs transitioning and keep them abreast of their case, which may reduce the young adult’s anxiety during their wait at Henley-Young. Dr. Boesky has provided an updated report. (See Dr. Boesky’s report.)

Recommendations

The case managers need to also develop post-dispositional plans as stated in the provision.
1. Continue to develop adequate policy and procedures to meet this provision to include JCAs.
2. Continue to review light weight residents in program (i.e. disturbing the family peace) and find alternative placement for them.
3. Hire 3 case managers who are assigned and work for the facility director. (executed)
4. Hire case management staff. (executed) 5. See Dr. Boesky’s report

Evidentiary Basis Document review, observation, interviews

Provision 5.2 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall ensure that residents in need of mental health and/or substance abuse treatment and/or who are in the facility post disposition shall have appropriate treatment plans developed and implemented in accordance with generally accepted professional standards of practice for mental health and rehabilitative services.
Beginning Compliance**
The status of this provision remains in beginning compliance. It should be noted that the facility hired case managers however they have not hired a Clinical Psychologist at the Doctoral level as recommended by Dr. Boesky.

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The facility has developed some mental health policies and procedures and training.
Dr. Boesky has provided an updated report and recommendations based on her visit.

Recommendations

1. Continue to develop adequate mental health policies and procedures for this provision to include JCAs.
2. Develop case management policies and procedures 3. See recommendations under (5.1). 4. Hire case management staff. (executed) 5. Purchase case management system 6. See Dr. Boesky’s Report.

Evidentiary Basis Document review, observation, interviews

Provision 5.3 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status

Henley-Young shall implement policies and procedures for the required content of treatment plans, which shall include;
a. That the treatment plan be individualized; b. An identification of the mental and/or behavioral health and/or
rehabilitative issues to be addressed; c. A description of any mental health, medication or medical course
of action to be pursued, including the initiation of psychotropic medication; d. A description of planned activities to monitor the efficacy of any medication of the possibility of side effects; e. A description of any behavioral management plan or strategies to be undertaken; f. A description of any counseling or psychotherapy to be provided; g. A determination of whether the type or level of treatment needed can be provided in the resident’s current placement; and h. A plan for monitoring the course of treatment, and if necessary, for revising the treatment plan. i. A description of the precise terms the of the facility’s long-term and short-term objectives for the residents, the full range of services to be provided, and procedures, and timetables and staff assignments for the implementation of such treatment plan; j. A plan for regularly engaging the family in the resident’s treatment plan; k. A comprehensive re-entry plan that will assist the residents Re-enroll in their home school and access medical, mental health, Vocational and rehabilitative services based in the community.
Beginning Compliance**

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Discussion Recommendations

The status of this provision remains in beginning compliance. The facility has hired 3 case managers and is in the process of developing adequate policies and procedures and training. The county also needs to hire a Clinical Psychologist. Dr Ezike will provided an updated report based on her visit. Dr. Boesky has provided an updated report and recommendations based on her visit.
1. Develop comprehensive policies and procedures for this provision that includes the contents (A-K).
2. The County/Court shall define the criteria for the program a. It is important that post dispositional programs in other facilities be reviewed. b. Often seeing what is being done in other facilities provides insight into how to develop and operate these programs.
3. Provide dedicated staff to manage program. (Executed). 4. Provide intensive training to all staff members.
a. Train staff in various treatment modalities i.e. cognition, behavioral modification, modeling, psychotherapy, reality therapy, group therapy and group dynamics and other skills.
b. Create treatment teams c. Develop case planning and program development d. Assessment of the program to determine if it meets the needs
of the court placed residents. e. Assessment tool to regularly monitor the success or lack of
success of all residents in the program. 5. Provide auxiliary training to all other direct care staff. 6. Hire case management staff. (executed)

Evidentiary Basis Document review, observation, interviews

Provision 5.4 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall institute a program of periodic staff reviews every three weeks and evaluations of each resident’s progress under his/her individualized treatment plan and of the appropriateness of the plan itself and Henley-Young’s plan for such review.
Partial Compliance**
The status of this provision has moved to partial compliance. The facility has hired case managers and they are working with the residents. The facility must train all staff on the case management process. The case managers also need to ensure that they are up to date with JCAs and their court processes. Dr. Ezike will provide an up-to-dated recommendation

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Recommendations

based on her review. Dr. Boesky has provided an updated report and recommendations based on her visit.
1. Develop comprehensive policies and procedures for this provision to include JCAs.
2. Provide training to all staff. 3. Identify roles and responsibilities of direct care, treatment and
educational staff through policies and procedures and adequate funding and staffing. 4. Hired case management staff. (Executed) 5. Hire a Doctoral Level Clinical Psychologist.

Evidentiary Basis Document review, observation, interviews

Provision 5.5 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement a program that provides for evening and weekend programs and activities that allow residents to engage in meaningful activities.
Partial Compliance** The status of this provision has moved to partial compliance. The facility has hired case managers and has developed adequate policies, procedures and now training is needed for all staff. The facility has also hired an additional female recreational staff to ensure activities are provided to male and female residents. They have also developed a schedule of activities that is posted on each pod.

Recommendations

1. Develop comprehensive policies and procedures to meet the needs for this provision to include JCAs.
2. Continue to provide adequate staffing for this program. 3. Continue to develop a monthly recreational program with activities. 4. Continue to keep records of activities provided and note those that
were not provided and why. 5. Purchase board games etc. (executed) 6. Hire recreational staff. (executed) 7. Hire case management staff. (executed)

Evidentiary Basis Document review, observation, interviews

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Provision 5.6 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement an adequate quality assurance program.
Partial Compliance
This provision still remains at partial compliance. The QA department at Henley-Young continues to develop their data fields and programs. There is significant improvement from limited data being produced to what is being developed now. The QA staff should be commended and encouraged to continue their effort. Based on my discussion with the administration, the county's IT department will be working with the facility to create and develop different data sets that will produce reports. The data sets and system will provide the facility with a technology that can evaluate current operations and improve management decisions.

The following is from my previous reports and needed:  I have provided the facility with templates for assistance in the full development of the Q/A unit/ process.  See QA Data decision points below

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Recommendations 36

1. Develop comprehensive policies and procedures to meet the needs for this provision for the facility, school program and SICU program.
2. Health Care: continuously assess the quality and adequacy of the health services provided, accurately evaluate the performance of staff providing health services and address identified deficiencies.
3. Recreation and Social programs: continuously assess the quality and adequacy of social and recreational programming provided; accurately evaluate the performance of staff in providing these programs.
4. Environmental Health and Safety: continuously assess the quality and adequacy of environmental health and safety, accurately evaluate the performance of staff in providing a safe and healthy environment and properly address identified deficiencies.
5. Discipline and order: continuously monitor use of discipline and promptly address misuse or over use of discipline and other identified deficiencies.

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Evidentiary Basis

6. The facility must continue to develop monthly performance measures to indicate achievement in the desired area.
7. Review State of Florida Quality Assurance Model and for assistance in developing contact CJCA Performance Based Standard for Juvenile Detention Programs, also use ACA standards to establish policy guidelines.
8. Develop data collection system 9. See introduction and chart
Document review, observation, interviews

6 Due Process/Isolation/Disciplinary Practices and Procedures

Provision 6.1 Disciplinary Practices and Procedures

Henley-Young shall implement a discipline policy and practice that incorporates positive behavior interventions and support. This policy shall include guidelines for imposing graduated sanctions for rule violations and positive incentives for good behavior.

Status

Partial Compliance**

Discussion

This provision remains in partial compliance.

The facility still needs to ensure that staff is following the policies and procedures when youth are placed in rooms, particularly JCAs. The facility still needs to develop a process for youth who have been identified and are receiving mental health services. Please see introduction.

Recommendations

Dr. Boesky has provided an updated report and recommendations based on her visit.
1. Continue to maintain adequate policies and procedures for this provision to include JCAs.
2. Continue to ensure youth are familiar with the rules and regulations of the facility during the orientation process and ongoing thereafter including JCAs.
3. Continue ensure residents are receiving and understand the resident handbooks during orientation and sign for it including JCAs. a) They shall include resident’s rights, major and minor rule violations and the grievance policy. b) The handbook will explain to residents in their own language the rules and shall also be explained by staff that will have them sign and date a form indicating that both processes have occurred. c) These rules shall be posted on each unit.
4. Due process rules shall be posted on each unit. (Executed) 5. Develop positive behavior intervention programs.

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6. Assign and train an independent person(s) to handle due process isolation hearings. The person(s) must be independent of the unit staff. (executed)
7. Ensure residents who are in isolation are provided recreation and education services. (Executed)
Document review, observation, interviews

Provision 6.2 Disciplinary Practices and Procedures
Status Discussion
Recommendations

Residents who violate major rules may be subject to cell confinement for up to 24 hours for a single rule violation. An occasion in which a resident is alleged to have contemporaneously violated multiple major rule violations shall count as a single rule violation for the purposes of this section. No residents shall be confined to a cell for longer than 8 hours for a single rule violation without receiving written notification of the alleged rule violation and the occurrence of a disciplinary review/due process hearing before an impartial staff member, which includes participation by the accused residents. Under no circumstances shall residents be subjected to involuntary cell confinement for longer than 24 hours for disciplinary purposes. Residents who are placed on cell confinement shall be released daily from their cells to attend school, maintain appropriate personal hygiene, and to engage in one hour of large muscle exercise.
Partial Compliance **
This provision remains in partial compliance. Although the facility had moved to partial compliance based on my last review, there still is a need for educational services to be provided for youth on isolation and behavior management this now including JCAs. Although, JCA’s are a new population they must be provided the same level of services as juveniles.
1. Continue to maintain policies and procedures for this provision including JCAs.
2. Develop sheets to place on door of any residents in confinement that identifies the reason for confinement and is review and signed by supervisor. (Executed)
3. Ensure residents in confinement receive education and recreation services.
4. See 6.1 recommendations. 5. Continue to provide training for all staff on these policies and
procedures. 6. JCA’s are incorporated into this provision.

Evidentiary Basis Document review, observation, interviews

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Provision 7.1 Use of Restraints Mechanical Status Discussion
Recommendations

Mechanical restraints shall not be used to punish residents or for the convenience of staff. Mechanical restraints shall only be used to prevent self-harm and/or harm to others, subject to section 7.4, and for transportation to and from court, subject to section 7.2.
Substantial Compliance **
The facility remains at substantial compliance. Again, I reiterate it should be noted that well run facilities only use mechanical restraints for transportation or exigent circumstances which may arise at any facility under supervisory approval. The facility must ensure that mechanical restraints are not used capriciously with JCAs. Based on my introductory comments, as it relates to behavior management/isolation I will review this process again during my next visits to ensure JCAs are not shackled.
1. Officers shall continue to receive training on policies and procedures.
2. Officers shall continue be trained on when it is appropriate to use mechanical restraints also with JCAs.
3. All training shall continue to be documented. 4. The policy will require the documentation of any use of mechanical
restraint and use of force incidents. (executed) 5. Restraint log should continue to be implemented. 6. Continue to follow policy

Evidentiary Basis Document review, observation, interviews

Provision 7.2 Use of Restraints Mechanical Status Discussion
Recommendations

Nothing in this section shall prohibit mechanical restraints from being placed on residents who are being transported to and from court or out of the facility, if staff have reason to believe that a resident presents a flight risk or is an imminent danger to the residents or others, or will engage in violent behavior. However, mechanical restraints should be removed immediately after the resident is placed in a cell and at no time shall a resident be placed in a cell wearing mechanical restraints.
Substantial Compliance**
With the exception of the JCA’s being shackled during one of my visits (please see my introduction) The facility remains at substantial compliance on this provision at this time. Based on my review of documents, interviews with youths and observations at this time. I found no indication of overuse of mechanical restraints with the exception of transferring residents out of the facility. This should continue. The facility must ensure that mechanical restraints are not used capriciously as stated in provision 7.1 as it relates to JCA’s.
1. Continue to develop and provide remedial training for this provision including JCA’s.

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Evidentiary Basis

2. All training shall continue to be documented. 3. The policy will require the documentation of any use of
mechanical restraint and use of force incidents. (executed) 4. Operationalize the edicts of this provision. (executed) 5. Additional supervision needed to ensure mechanical restraints are
not misused. 6. Continue to follow the process to remain at substantial
compliance including JCAs. 7. Ensure JCA’s are included in this provision.
Document review, observation, video recordings and discussion with residents

Provision 7.3 Use of Restraints Status Discussion
Recommendations

Restraints shall not be used to secure residents to a fixed object such as a restraint chair, bed, post, or chair.
Substantial Compliance **
The facility remains at substantial compliance on this provision. Based on my review of documents, interviews with youths and observations at this time I still found no indication of overuse of mechanical restraints with the exception of transferring residents out of the facility. However, to remain at substantial compliance the facility needs to continue to follow the recommendations (2, 3 and 4) below. Also, the facility should ensure mechanical restraints are not used capriciously with JCAs.
1. Update the comprehensive policies and procedures for this provision, this should also include JCAs.
2. Continue to provide training for staff within the facility as described above on this provision and provide documentation of training.
3. Develop and use a mechanical restraint log. (executed) 4. Continue to provide training on de-escalation techniques to try to use
mechanical restraints only as a regular part of facility transport. 5. Additional supervision needed to ensure mechanical restraints are not
misused.

Evidentiary Basis Interviews, observation and document review

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Provision 7.4 Use of Restraints
Status Discussion
Recommendations

No residents shall be restrained for longer than 15 minutes, unless restraints are approved by a mental health professional or if determined to be necessary under section 7.2 or as reasonably necessary to prevent the residents from engaging in acts of self-harm or harm to others. If a resident must be restrained for longer than 15 minutes in order to prevent self-harm, that residents shall, as quickly as possible, be evaluated by a mental health professional or transported to a mental health facility.
Beginning Compliance**
This provision remains at beginning compliance. Dr. Boesky has provided an updated report and recommendations based on her visit. Although the facilities medical department (QCHC) has a policy in place as it relates to restraints, it is adult concentrated and must be revised for the juveniles at Henley -Young.
1. Continue to develop comprehensive policy and procedures for this provision with mental health professionals including JCAs.
2. Provide training for staff on policy and procedures and document training.
3. Provide training on de-escalation techniques including JCAs. 4. Develop Mental Health protocols for this provision including JCAs. 5. Hire mental health professional or agency (see Dr Boesky’s report. 6. Revise restraint policy for juveniles

Evidentiary Basis Document review

Provision 7.5 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not use, or allow on the premises, restraint chairs, chemical restraints and/or Tasers.
Substantial Compliance*
I would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation, video

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Provision 7.6 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not subject residents to “hogtying,” which is the practice of placing a resident’s face down on a bed, floor, or other surface, and securing the resident’s hands to his feet.
Substantial Compliance**
I would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Observation, document review and interviews

Provision 7.7 Use of Restraints
Status Discussion

When a resident is placed in mechanical restraints, staff must provide oneon-one supervision for the duration of the restraint, except when mechanical restraints are deemed to be necessary for the reasons specified in section 7.2.
Substantial Compliance **
The status of this provision is maintained at substantial compliance. (see comments on JCAs) see 7.1, 7.2 and 7.3

Recommendations

The facility should continue with following the recommendations listed below.
1. Continue to provide on-going training for staff on policies and procedures including JCAs.
2. Continue to document all training provided to all staff including JCAs.
3. Continue to ensure that residents who are placed in mechanical restraints are seen by a medical professional.
4. Restraint log should be implemented. 5. Continue to ensure additional supervision is provided to ensure
mechanical restraints are not misused.

Evidentiary Basis Document review

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Provision 7.8 Use of Restraints
Status Discussion

Henley-Young shall notify a medical professional whenever a resident is placed in mechanical restraints for reasons other than those specified in section 7.2. A medical professional shall examine the residents as soon as possible after restraints are removed, except when the residents was restrained for the reasons specified in section 7.2.
Substantial Compliance **
The status of this provision remains in substantial compliance. (See comments on JCAs)

Recommendations

Based on my review of documents, interviews and discussion, I found that mechanical restraints are rarely used within the facility. (However ,See comments on JCAs)
1. Redevelop comprehensive policies and procedures for this provision including JCAs. (Executed)
2. Continue to provide training on policies and procedures including JCAs. 3. Continue to document all training provided to all staff. 4. Continue to ensure that residents who are placed in mechanical
restraints are seen by a medical professional. 5. Continue to ensure that information being reported is accurate and
consistent. 6. Develop a single matching reporting system for the entire facility.
Including JCAs

Evidentiary Basis Document review

Provision 7.9 Use of Restraints Status Discussion
Recommendations

Hinds County does not currently and shall not in the future allow officers to enter the secure detention area of the facility with any electronic restraints, including, but not limited to Tasers.
Substantial Compliance**
The facility has remained at substantial compliance on this provision based on my most recent visit and my observations and review of documents. However, the facility must ensure officers monitoring residents (JCAs) from the Hinds County Jail are not carrying mechanical restraints on their person within the facility and must follow the policies of Henley-Young.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review

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Provision 7.10 Use of Restraints Status Discussion
Recommendations

Henley-Young is required to ensure that no officer enters the secure detention area of the facility with a firearm.
Substantial Compliance**
I still would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision. Also see provision 7.9 as it relates to Tasers. I would also reiterate under no circumstances should any staff, anyone connected to the facility, and law enforcement etc. have firearms on the premises especially in secure areas. All weapons still must be secured in appropriate locked areas of the building.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, Observation

8. Use of Force

Provision 8.1 Use of Force

Physical force shall not be used to punish residents. Staff shall only use physical force to stop residents from causing serious physical injury to self or others or to prevent an escape. If physical force is necessary, staff must use the minimum amount required to safely contain the residents. Whenever possible, staff shall avoid the use of force by first attempting verbal deescalation techniques. Staff shall be required to fully document in writing every instance of use of force.

Status

Partial Compliance **

Discussion

The status of this provision remains in partial compliance. The facility should continue to follow the recommendation from my last report.

Although the facility is computerizing some data (i.e. restraints, suicide attempts, self-injury, physical and mechanical restraint types, incident, confinement hours, use of force, and incidents by shifts) which is good information, it is not enough. The County should assist the facility in developing their information technology program.

Again, good data will assist the facility in determining answers to some of the following examples:
A. The location of use of force B. The number of use of force incidents C. The number of use of force requiring mechanical restraints D. The type of restraint used E. Grievances

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F. The number of incidents requiring chemical agents G. The number of incidents involving non-lethal security devices
(i.e. batons, Tasers, etc.) H. The number of use of force incidents resulting in injury to
residents or staff I. Plan of action to address each incident (i.e. disciplinary action,
staff training or remedial training, resident’s isolation, resident’s behavior management, resident’s mental health screening or evaluation etc.)

Recommendations

1. Continue to maintain policy and procedures for this provision including JCAs.
2. Continue to provide training for on policies and procedures including JCAs.
3. Continue to document all training provided to all staff. 4. Adapt an appropriate curriculum for training staff on the use of
verbal de-escalation skill and safe use of physical restraints or mechanical restraints. 5. Revise form to distinguish between physical and mechanical restraints. 6. Develop an information technology program. 7. Develop computerized tracking of all JCAs entering and leaving the facility 8. Continue to stay in contact the National Partnership for Juvenile Justice for recommendations on training program in this area. 9. Continue to document and file report when there is use of force. 10. Continue to ensure any time use of force is used residents are seen by a medical professional 11. Continue to follow the facility’s chain of command which will reduce staff confusion.

Evidentiary Basis Document review, interviews

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Provision 8.2 Use of Force
Status Discussion

Henley-Young shall notify a medical professional, including but not limited to the licensed practical nurse on duty whenever physical force is used against a resident. A medical professional shall examine a resident immediately after the use of physical force.
Partial Compliance**
The facility continues to maintain partial compliance. Dr. Ezike will provide an updated report and recommendations based on her visit. Please continue to follow the recommendations below.

Recommendations

1. Complete procurement of services as quickly as possible. 2. Continue to develop comprehensive policies and procedures for this
provision. 3. Continue to provide on-going training to staff on policies and
procedures. 4. Continue to document all training provided to all staff. 5. Continue to review nursing schedule and provide more hours at
facility. 6. Continue to provide written documentation of examination of residents
by medical professional in every instance. 7. Provide additional medical services after hours and on weekends.
(executed) 8. Continue to document and file in resident’s records when there is use
of force.(Including JCAs)

Evidentiary Basis Document review, interviews, observation

9. Meals and Nutrition

Provision 9.1 Meals and Nutrition

Residents shall be provided three meals and a snack daily. If a resident misses a meal because he or she is attending court, or some other appointment, he or she shall receive the missed meal upon his or her return to detention.

Status Discussion

Substantial Compliance
The status of this provision has moved to substantial compliance. Please see the introduction.

Recommendations

1. Continue to review portions to ensure residents receive enough food during meals.
2. Develop policy and procedures for this provision. (executed)

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Evidentiary Basis

3. Continue to provide training for kitchen staff and all other staff members involved with handling food and preparing meals.
4. Continue to document compliance with this provision. 5. Food should be served in a timely manner and consistent with
facility schedule once developed. 6. Review the National Food Service Management Institute from the
University of Mississippi that details “Food Safety Facts”. 7. Food service area is in need for maintenance, repair and cleanliness.
Document review, observation, interviews

Provision 9.2 Meals and Nutrition Status
Discussion

All meals and snacks served to residents at Henley-Young shall, at a minimum, comply with the nutrition guidelines set forth in the United States Department of Agriculture’s School Meals Program standards.
Substantial Compliance
The status of this provision moved to substantial compliance. Please see introduction.

Recommendations

1. Develop policy and procedures for this provision(executed) 2. Continue to provide training for kitchen staff and all other staff
members involved with handling food and preparing meals.

Evidentiary Basis Document review, observation, interviews

Provision 9.3 Meals and Nutrition Status
Discussion

Residents shall be provided access to drinking water throughout the day.
Substantial Compliance The facility remains at substantial compliance on this provision. Based on my review and observations, I found that youth had access to water. However, I am still recommending that the water fountains on the units and in the youth’s cells be operable.

Recommendations

1. Contact County or State Environmental office to conduct test on water system. (executed)
2. Continue to ensure residents receive water during school and recreational periods and at night.

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Evidentiary Basis

3. Continue to develop a policy for incidents regarding water quality and procedures to address them.
4. Repair inoperable drinking fountains.
Document review, observation, interviews

10. Clothing

Provision 10 Clothing

Henley-Young shall provide basic clothing items for residents at all times. These items must include, at a minimum, socks, underwear, uniform, shoes, and undershirts. For girls, these items must also include a brassiere. When appropriate, Henley-Young shall also provide residents with a coat, hat, and gloves. Residents must be provided with a clean uniform, socks, undershirt, underwear, and brassiere, if applicable, upon intake and at least once per day. No residents shall be deprived of these basic clothing items for any reason, including, but not limited to, as a punishment, because these items are being washed, or due to overcrowding.

Status

Substantial Compliance

Discussion

The facility still remains at substantial compliance in this provision. It should be noted the laundry personnel continues to do an outstanding job ensuring that clothing which is tattered, dingy, not usable is discarded. The facility should maintain the property inventory system for discarding the abovementioned articles.

Recommendation Evidentiary Basis

1. Continue to check washer and dryer to ensure they are working properly.
2. Continue to ensure that girls and boys are equally involved in cleaning and folding clothes.
3. Hire 2 laundry staff to ensure clothing is handled properly. (executed)
4. Continue to ensure that all staff and residents wear protective material (smocks and gloves) when handling chemicals and clothing.
5. Continue to discard clothing that is torn, dingy and in poor condition. 6. Develop a system for replacing clothing on a regular and consistent
basis. (executed) 7. Develop schedule for distribution. (executed) 8. Develop a system for prewashing clothing (i.e. undergarments etc.)
(executed)
Document review, observation, interviews, photographs

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11. Hygiene and Sanitation

Provision 11.1 Hygiene and Sanitation

Residents shall be provided with the means to maintain appropriate hygiene, including soap and shampoo for showers, which will occur at least once daily, soap for washing hands after each time the residents uses the toilet, and toothpaste and a toothbrush for tooth brushing, which will occur at least twice daily, a comb and brush, that if shared, shall be sterilized between uses by residents. Girls must be provided with panty liners on a daily basis and other feminine products as needed. Residents will be issued a comb and brush upon entering the facility; however, if residents are issued a recycled comb or brush or a comb or brush that has been used by another resident, Henley-Young shall ensure that the comb and brush is sterilized and in good condition.

Status

Substantial Compliance

Discussion

The facility still remains at substantial compliance in this provision. I would still recommend that a licensed barber and/or beautician be retained.

Recommendations

1. Ensure that hygiene kits are properly labeled and residents are not sharing each other’s hygiene products or items. (executed)
2. Ensure items such as hair brushes, if shared, are sterilized and in good condition. (executed)
3. Continue to provide training for staff on these policies and procedures.
4. Ensure that clean face towels are available for residents. (executed) 5. Develop a schedule for distribution of hygiene kits. (executed) 6. Retain a licensed barber and/or beautician.

Evidentiary Basis Document review, observation, interviews

Provision 11.2 Hygiene and Sanitation Status Discussion
49

Residents shall be provided with sleeping mats and blankets that are clean and odorless sleeping mats shall be sanitized between uses by residents, and residents shall receive clean blankets weekly.
Substantial Compliance
The status of this provision still remains in substantial compliance. Based on my review of documents and observation, the facility needs to continue to ensure that mattresses and blankets are discarded properly
Policies and procedures have been developed. The facility has provided training to ensure that the process outlined in the policies and procedures is

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followed. The facility needs to continue to monitor the condition of the blankets and mattresses for signs of holes and tattering the facility needs to continue to follow the recommendations below.

Recommendations

1. Continue to discard all blankets and mattresses that are tattered and have holes in them.
2. Clean and maintain laundry area in orderly fashion. 3. Develop forms or system of documentation for distribution and
inventory (executed) 4. Label and designate an area for towels, sheets, clothing etc.
(executed)

Evidentiary Basis Document review, observation

Provision 11.3 Hygiene and Sanitation Status
Discussion
Recommendations

Under no circumstances shall residents be deprived of mats and blankets.
Substantial Compliance* The facility still remains in substantial compliance.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidence

Observation, and document review

Provision 11.4 Hygiene and Sanitation Status
Discussion
Recommendations

Henley-Young shall maintain a sufficient number of clean, sanitary mats and blankets that correspond with the facility’s maximum capacity.
Substantial Compliance* The facility still remains in substantial compliance.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Observation and document review

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Provision 11.5 Hygiene and Sanitation
Status

Residents shall be provided with a clean, sanitary environment. Partial Compliance

Discussion Recommendations

The status of this provision remains at partial compliance. The facility at this time continues to be much cleaner however there are areas that are in need of additional clean-up and repair, i.e. showers, kitchen, lights, outside lights, and touch-up painting in all units.
1. Develop policies and procedures for this provision. (executed) 2. See areas in discussion that should be addressed. 3. Need to develop housekeeping and cleaning schedule. 4. Need to develop checklist or inspection report for each unit and area
of building. 5. Need to develop work order system to ensure that when problems
emerge they are addressed. 6. Need to develop corrective action plans as needed. 7. Need to provide training for staff on policy and procedures. 8. Continue to ensure delivered food items are dated and rotated from
old to new.(Executed) 9. See my previous introduction as it relates to transferring young
adults from the Hinds County Jail.

Evidentiary Basis Document review, observation, interviews

Provision 11.6 Hygiene and Sanitation
Status
Discussion

Hinds County shall ensure that Henley-Young complies with relevant law regarding fire safety, weather emergencies, sanitation practices, food safety, and the elimination and management of environmental toxins.
Partial Compliance
The status of this provision remains at partial compliance. During my review of documents and observation, the facility is still doing safety and fire inspections however to move to substantial compliance again the facility still needs to ensure that the recommendations 4, 5, 7, 8, 10 and 11 below are followed. Again during this report and the last report a review of documents shows that the facility sprinkler tampered switch and the H119 mechanical room main switched failed and there are still no corrective action plans in place to correct these violations. Safety and security is a mainstay of any institution therefore it is of paramount importance that all safety concerns be addressed. These are areas that must be corrected immediately.

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Recommendations

1. Develop policies and procedures and plans for fire safety, evacuation etc. (executed)
2. Develop adequate staff training regarding fire safety. 3. Properly maintain and repair fire equipment. 4. Ensure intercom systems are operating properly. 5. Ensure all mattresses used by residents are fire resistant. 6. Routinely test all fire equipment and system. 7. Ensure that all electrical outlets, wires and equipment (lights) are
properly working. 8. Develop work order system to ensure items are repaired. 9. Ensure that all areas in this provision are addressed by a certified
professional. 10. Review entire fire safety program/system 11. Facility needs to develop corrective action violations plan
and Correct violations from previous report 12. Clean and Sanitize kitchen 13. Develop cleaning procedures 14. Repair the areas that failed inspections 15. Have fire inspectors sign report

Evidentiary Basis Document review, observation

Provision 11.7 Hygiene and Sanitation Status Discussion
Recommendations

Residents shall be provided with clean drinking glasses and eating utensils.
Substantial Compliance The status of this provision remains at substantial compliance. Based on my observation and review of documents this provision continues to be implemented at this time.
1. Develop policies and procedures for this provision. (executed) 2. Continue to provide a thorough cleaning of the kitchen and all equipment and utensils

Evidentiary Basis Document review, observation and interviews

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12. Medical Care

Provision 12.1 Medical Care

The parties agree, however, that henceforth, Henley-Young shall provide residents with adequate medical care, including: prompt screenings; a full physical exam within 72 hours after their detention hearing or disposition order, as applicable; access to medical professionals and/or prescription medications when needed; and prompt transportation to a local hospital in the case of a medical emergency. Hinds County is responsible for procuring and/or paying for all medications provided to residents.

Status

Beginning Compliance**

Discussion

The status of this provision still remains at beginning compliance. See Dr. Ezike’s updated report and recommendations based on her November, 2017 visit.

Recommendations

1. Develop policies, procedures and protocols for this provision.(Including JCAs)
2. Develop policies and procedures and protocols based on standards for Health Services in Juvenile Detention and Confinement facilities.
3. Provide training for staff members who administer medication to residents on proper usage and possible side effects. Also, train the staff on emergency protocols if side effects occur.
4. Have a licensed medical professional review and sign off on policy, procedures and protocols.
5. Have a licensed health professional periodically review and provide supervision to the nurse at facility.
6. Develop forms to coincide with provision. 7. Remove medication from bags and place them in secure, organized
areas and develop forms to determine what medications are present in the facility at all times. 8. Hire or have on contract a physician to review medical area. 9. Ensure that residents receive vision exams, dental screenings, mental health screenings, hearing tests, etc. 10. Order folders with 2 dividers, end tab, classification folders in letter size with 2 prongs for medical charts. 11. See Dr. Ezike’s most recent report.

Evidentiary Basis Document review, observation, interviews

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Provision 12.2 Medical Care Status Discussion
Recommendations

Henley-Young shall ensure that a medical professional is available to examine residents confined at the facility to identify and treat medical needs, when necessary.
Beginning Compliance**
The status of this provision still remains at beginning compliance. See Dr. Ezike’s updated report and recommendations based on her November, 2017 visit.
1. Hire qualified medical professional for nights and weekend care. 2. Develop policies, procedures and protocols for this
provision.(Including JCAs) 3. Provide training for staff on this provision. 4. Ensure medical protocols are child/youth centered. 5. See Dr. Ezike’s most updated 2017 report.

Evidentiary Basis Document review, observation, interviews

Provision 12.3 Medical Care
Status Discussion

Henley-Young shall implement its sick call policy and practice which ensures that confined residents who request non-emergency medical attention are examined by a medical professional within 24 hours of a residents placing him or herself on sick call, excepting weekends and holidays.
Partial Compliance
The status of this provision has moved to partial compliance. See Dr. Ezike updated report and recommendations based on her November, 2017 visit.

Recommendations

1. Develop policies, procedures and protocols for this provision. 2. Place a resident’s grievance and medical request box (kite box) on
each unit. 3. Provide training for staff on this provision. 4. Nurse or designated person, making daily rounds to retrieve kites
(Request for Medical Service Forms). 5. See Dr. Ezike updated report and recommendations based on her
November 2017visit.

Evidentiary Basis Document review, observation, interviews

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Provision 12.4 Medical Care Status Discussion
Recommendations

Prescription medications shall only be distributed by licensed medical staff or Henley-Young staff who has been trained by licensed medical personnel.
Partial Compliance
The status of this provision has moved to partial compliance. See Dr. Ezike’s updated report and recommendations based on her November, 2017 visit.
1. Develop policies, procedures and protocols to address this provision. 2. These policies, procedures and protocols must include the
appointment of a medication administration protocol. 3. There must be a medication record of all medicines administered.
a. One record to reflect all medicines leaving the pharmacy; b. An additional record kept in each resident’s case file. 4. Ensure that the training is comprehensive make certain that all medical contingencies are considered. 5. The staff should be trained on what side effects to look for drugs commonly prescribed to residents with mental health needs. 6. Provide training to staff on the policy, procedures and protocols for this provision. 7. All training should be documented and conducted annually. 8. See Dr. Ezike’s report and recommendations based on her November 2017 visit.

Evidentiary Basis Document review, observation, interviews

Provision 12.5 Medical Care Status Discussion
Recommendations

Medical and mental health services shall be provided in a manner that ensures the confidentiality of resident’s health information.
Beginning Compliance**
The status of this provision has moved to partial compliance. See Dr. Ezike and Dr. Boesky’s updated reports and recommendations based on their most recent 2017 visits.
1. Develop policies, procedures and protocols to address this provision.(Including JCAs)
2. Get HIPAA requirements and institute them the facility. 3. Designate the persons who have access to the resident’s medical
records within the facility and outside of the facility, but within the juvenile justice system. 4. Provide training to staff on policies, procedures and protocols. 5. Provide training to staff on HIPAA requirements, and document training. 6. Designate a HIPPA Privacy Officer.

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7. See Dr.Ezike and Dr. Boesky’s most recent reports.

Evidentiary Basis Document review, observation, interviews

Provision 12.6 Medical Care
Status
Discussion

Henley-Young shall develop procedures for monitoring residents who require individualized attention because of medical issues that do not involve requiring the residents to sleep on a mat in the visitation room.
Beginning Compliance **
This provision still remains at beginning compliance. See Dr. Ezike’s updated report and recommendations based on her November, 2017 visit.

Recommendations

1. Develop policies, procedures and protocols to address this provision.(Including JCAs)
2. Develop processes of continuous monitoring residents with stable medical issues, i.e. the care for diabetic residents who are on an insulin regiment. a. What are the medical requirements of the residents who need monitoring? b. Who is responsible for the monitoring? c. How are the records kept of the monitoring?
3. Provide training to staff on the policies, procedures and protocols for this provision.
4. Annual competency training.

Evidentiary Basis Document review, observation and interviews

13. Mental Health Care

Provision 13.1 Mental Health Care

Henley-Young’s contractor, Hinds Behavioral Health Services, shall provide adequate mental health services to all confined residents with a mental health diagnosis or serious mental health need, as indicated by the MAYSI-2. This shall include, but is not limited to, the provision of individual and group counseling sessions upon the request of a residents or the resident’s parent/guardian, access to a mental health professional at the detention center, and the distribution and medical monitoring of psychotropic medications by a medical professional.

Status

Beginning Compliance**

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Discussion Recommendations

The status of this provision has moved to beginning compliance. The facility is developing policies and procedures and they have been reviewed by Dr. Boesky to ensure compliance with this provision. See Dr. Boesky’s review of the mental health program.
1. Ensure that the facility has a Standardized Assessment Tool i.e. the MAYSI-2 to use during the intake process.
2. Develop policies and procedures to address this provision.(Including JCAs)
3. Provide training to staff on policies and procedures and provide documentation of training.
4. Develop documentation that will track resident’s progress during their stay at facility.
5. Ensure there is communication between Hines Behavioral Health Services, Juvenile Court Case Managers and Facility Staff on residents receiving mental health services.
6. Hire case management staff. 7. Hire doctoral level psychologist

Evidentiary Basis Document review, observation, interviews

Provision 13.2 Mental Health Care Status Discussion
Recommendations

Residents who are confined for longer than thirty (30) continuous days and who are prescribed psychotropic medications, shall be evaluated by a psychiatrist every thirty (30) days. Such evaluations may be performed by and through employees of Hinds Behavioral Health.
Non-Compliance **
Although the status of this provision remains at non-compliance, the facility is developing policies and procedures and they will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky reviewed the mental health program in October 2017. Please see her report.
1. Develop policies and procedures to address this provision.(Including JCAs)
2. Provide training to staff on policies and procedures. 3. Hire case management staff. 4. Hire doctoral level psychologist

Evidentiary Basis Document review, observation, interviews

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Provision 13.3 Mental Health Care
Status Discussion
Recommendations

Within 72 hours of a resident’s admission to the facility, staff shall develop individual mental health treatment plans for residents who are under the care of a mental health provider. Treatment plans shall emphasize continuity of care and shall ensure that whenever possible, residents are transported to appointments with their regular mental health provider, whether the appointments are standing or made after the resident’s initial detention.
Non-Compliance**
Although the status of this provision remains at non-compliance, the facility is developing policies and procedures and they will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky reviewed the mental health program in October 2017. Please see her report.
1. Develop policies and procedures to address this provision.(Including JCAs)
2. Provide training to staff on policies and procedures. 3. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.). 4. Hire case management staff. 5. Hire doctoral level psychologist

Evidentiary Basis Document review, observation, interviews

Provision 13.4 Mental Health Care
Status

Henley-Young shall develop and implement policies and procedures for referring residents in need of psychiatric services to a licensed psychiatrist for a timely mental health evaluation. Such services may be provided by and through employees of Hinds Behavioral Health.
Non-Compliance**

Discussion Recommendations

Although the status of this provision remains at non-compliance, the facility is developing policies and procedures and they will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky reviewed the mental health program in October 2017.Please see her report.
1. Develop policies and procedures to address this provision.(Including JCAs)
2. Provide and document training to staff on policies and procedures. 3. Hire case management staff. 4. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.). 5. Hire doctoral level psychologist

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Provision 13.5 Mental Health Care
Status Discussion Recommendations

Hinds County shall employ or contract for sufficient psychiatric services to permit a psychiatrist to fulfill the following functions:
a. conduct needed psychiatric evaluations prior to placing residents on psychotropic medications;
b. Monitor, as appropriate, the efficacy and side effects of psychotropic medications;
c. Participate in treatment team meetings for residents under the psychiatrist’s care;
d. Provide individual counseling and psychotherapy when needed; e. Evaluate and treat in a timely manner all residents referred as
possibly being in need of psychiatric services; and f. Provide adequate documentation of treatment. g. All evaluations and services outlined above may be performed
and/or provided by and through employees of Hinds Behavioral Health or any other duly qualified Mental Health agency.
Non-Compliance**
Although the status of this provision remains at non-compliance, the facility is developing policies and procedures and they will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky reviewed the mental health program in October 2017. Please see her report.
1. Develop policies and procedures to address this provision.(Including JCAs)
2. Provide training to staff on policy and procedures and document training.
3. Hire case management staff. 4. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.). 5. Hire doctoral level psychologist

Evidentiary Basis Document review, observation

Provision 13.6 Mental Health Care
Status
Discussion

The psychiatrist and/or counselors shall review, if necessary, incident reports, disciplinary reports, suicide watch logs, and lockdown logs of residents under their care to determine whether their treatment is working and, if not, how it should be modified.
Non-Compliance **
Although the status of this provision remains at non-compliance, the facility is developing policies and procedures and they will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky reviewed the mental health program in October 2017. Please see her report.

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Recommendations

1. The mental health of the residents in the custody of the facility needs to be closely monitored at all times.
2. The facility needs to develop policies and procedures to address this provision.(Including JCAs)
3. Provide and document training to staff on policies and procedures and document training.
4. Facility needs documentation from a mental health organization on plan of action for residents receiving a mental health services.
5. Hire case management staff. 6. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.). 7. Hire doctoral level psychologist

Evidentiary Basis Document review, observation

14. Suicide Prevention

Provision 14.1 Suicide Prevention

Henley-Young shall develop a multi-tiered suicide prevention policy that has at least three stages of suicide watch. Suicide watch shall not be used as punishment. The “suicide cell” shall be reserved for residents for whom the “suicide cell” is deemed necessary in conjunction with this suicide prevention policy.

Status

Beginning Compliance**

Discussion

The status of this provision remains as beginning compliance. The facility still needs to hire a psychologist and develop adequate policies and procedure and ensure staff is trained properly. They will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky reviewed the mental health program in October 2017. Please see her report.

Recommendations

1. Develop policies and procedures to address this provision. (Executed). However, now JCAs must be included.
2. Provide and document training for staff on policy and procedure. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program. 4. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.). 5. Hire doctoral level psychologist

Evidentiary Basis Document review, observation

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Provision 14.2 Suicide Prevention
Status Discussion
Recommendations

Any residents placed on the highest level of suicide watch shall be evaluated by a mental health professional, ideally within 12 hours, but in no case longer than 24 hours of his or her placement on suicide watch. If a resident on the highest level of suicide watch is not evaluated by a mental health professional within 24 hours, the residents shall immediately be transported to a local mental health facility or emergency room for evaluation and/or treatment.
Beginning Compliance**
The status of this provision remains at beginning compliance. The facility still needs to hire a psychologist and develop adequate policies and procedure and ensure staff is trained properly. They will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky reviewed the mental health program in October 2017. Please see her report.
1. Develop policies and procedures to address this provision. (Executed). However, JCAs must now be included.
2. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.
3. Provide training for staff on policies and procedures and document training.
4. Identify a mental health agency to help develop policies, procedures and protocols.
5. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program.
6. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).
7. Hire doctoral level psychologist

Evidentiary Basis Document review, observation

Provision 14.3 Suicide Prevention
Status Discussion

Residents on suicide watch shall participate in recreation, school, and any other structured programming. Residents shall not be required to wear a “suicide gown” unless locked in a cell. Staff shall closely monitor residents on suicide watch, which includes logging activities every 15 minutes.
Beginning Compliance**
The provision remains at beginning compliance. The facility still needs to hire a psychologist and develop adequate policies and procedure and ensure staff is trained properly. They will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky reviewed the mental health program in October 2017. Please see her report.

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Recommendations

1. Develop policies and procedures to address this provision with the assistance of a mental professional. (Executed). However, JCAs must now be included.
2. Provide and document training for staff on policies and procedures. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program. 4. The facility needs mental health professionals to help and enhance
the development of these policies and procedures as they are the authorities in this area. 5. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.). 6. Hire doctoral level psychologist

Evidentiary Basis Document review, observation

Provision 14.4 Suicide Prevention Status Discussion
Recommendations

When a resident is placed on any level of suicide watch, a report shall be made within 24 hours to the resident’s court, as well as to the resident’s guardian, and his or her defense attorney.
Beginning Compliance**
The provision remains at beginning compliance. The facility still needs to hire a psychologist and develop adequate policies and procedure and ensure staff is trained properly. They will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky reviewed the mental health program in October 2017. Please see her report.
1. Develop policies and procedures for making and distributing the reports in this provision. (Executed). However, JCAs must now be included.
2. Provide training for staff on policies and procedures and document training.
3. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program
4. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.
5. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).
6. Hire doctoral level psychologist

Evidentiary Basis Document review, observation

15. Family Support and Interaction

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Provision 15.1 Family Support and Interaction
Status
Discussion

Visitation shall not be restricted or withheld from residents unless the detention center director determines that a visit will violate the security of Henley-Young or will endanger the safety of residents, visitors, or staff. Visitation should not be restricted as a form of punishment.
Substantial Compliance*
The status of this provision still remains at substantial compliance.

Recommendations

Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation and interviews

Provision 15.2 Family Support and Interaction Status
Discussion
Recommendations

Within 90 days of the effective date of this Settlement Agreement, HenleyYoung shall provide accommodations that allow residents to have contact visits with their families.
Substantial Compliance*
The facility still remains at substantial compliance.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation and interviews

Provision 15.3 Family Support and Interaction
Status Discussion

Visitation shall be regularly scheduled at least three times per week, which shall include evening and/or weekend visitation times in order to encourage family visitation. Henley-Young shall permit the minor siblings of confined residents to participate in visitation, as long as the minors’ parent or guardian is present during the visit and the siblings are not harmful to the residents who are detained at Henley-Young. Henley-Young shall also permit a confined resident’s own child (Ren) to participate in visitation
Substantial Compliance*
The facility still remains at substantial compliance on this provision.

Recommendations Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.
Evidentiary Basis Document review, observation and interviews

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Provision 15.4 Family Support and Interaction
Status
Discussion

Residents may receive phone calls from their attorneys. At the discretion of the Director or assignee, in emergency situations, residents may receive phone calls from parents, primary caretakers, or legal guardians. Emergency phone calls and phone calls from attorneys should not be restricted as a form of punishment.
Partial Compliance **
The facility still remains at partial compliance on this provision based on my most recent visit and document review. There is still no indication that residents are in contact with their attorneys. A review of documents and interviews revealed that several residents still have not seen or spoken to their attorney.

Recommendations

The case management system is now in place since my last visit. However I still found no evidence that the residents house at the Henley Young Center received visits from their lawyers which is well established by law, best practices and professional standards within juvenile detention facilities, it is more important at this juncture of the process because JCAs that have been transferred to Henley Young must be able to interact with their attorneys because of their distance in proximity to the adult court. Therefore the following still applies:
1) Privileged mail from court, attorney, 2) Visits from lawyers, paralegals or any legal support staff, 3) Provide a private place for confidential discussions, and 4) Have policies, procedures and protocols incorporated in resident’s
Right to counsel.
1. Develop policies and procedures and practices to address this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability. 4. Ensure that residents are allowed to mail letters. (County will pay
for postage) (executed) 5. Hire case managers (executed) 6. Develop form for attorney to signed indicating their visits, for
placement into youth files 7. Develop a mechanism for tracking attorney phone calls 8. Case Managers develop policies and procedures that will help youth
interact with attorneys and provide documentation of those interactions. 9. Ensure JCAs have access to counsel(their attorney’s)

Evidentiary Basis Document review, observation and interviews

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16. Miscellaneous Provisions

Provision 16.1 Miscellaneous Provisions

Male and female residents shall be provided with equal access to educational and rehabilitative services, medical care, and indoor and outdoor recreation.

Status

Substantial Compliance**

Discussion

The status of this provision still remains in substantial compliance. The facility has developed structured programming for males and females. The facility has hired recreational staff to ensure programming is being implemented. They have also purchased equipment and are attracting outside volunteers to assist in programming. To remain in substantial compliance the facility needs to ensure JCAs are an integral part of the programming. I will review for consistency and sustainability during my next visit.

Recommendations

1. Develop policies and procedures and practices for this provision including JCAs. See Ms. Brooks report.
2. Cease in the designation of female residents as being solely responsible for laundry; this is a duty male resident can perform as well as females. (executed)
3. Continue to develop monthly recreational schedules including JCAs. 4. Continue to develop comprehensive facility schedules including
JCAs. 5. Continue to provide training for staff on policies and procedures and
document training. 6. Ensure that there is proper staffing availability to maintain
reliability. 7. Repair court and goal area. (executed) 8. Continue to post facility wide schedule on units.

Evidentiary Basis Document review, observation, interviews

Provision 16.2 Miscellaneous Provisions Status Discussion
Recommendations

The parties agree, however, that henceforth: All residents shall have the opportunity to engage in at least one hour of large muscle exercise a day.
Partial Compliance**
The status of this provision remains in partial compliance. The facility has developed a recreation program and policies that details large muscle exercise. However, JCAs must be integral part of facility programming. See introduction. Please continue to follow recommendations below.
1. Continue to develop policies and procedures and implement practices to address the needs of this provision including JCAs.

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Evidentiary Basis

2. Continue to develop and implement programming and recreational schedules including JCAs.
3. Continue to provide and document training for staff on policies and procedures.
4. Continue to ensure that there is proper staffing availability so that residents are not unnecessarily “locked” in their cells. Including JCAs
Document review, observation, interviews

Provision 16.3 Miscellaneous Provisions Status
Discussion

Henley-Young shall implement a policy which prohibits staff from insulting residents or calling them names, and using profanity in the presence of residents
Beginning Compliance**
The status of this provision remains at beginning compliance. Although it has improved there is still indication that staff is using profanity in some of their dealings with youth. This must be addressed by the facility’s administration.

Recommendations

The recommendations below should be followed.
1. Develop policies and procedures and practices to address the needs of this provision. (Executed)
2. Provide training to staff in the proper de-escalation techniques of residents.
3. Administration must provide enough supervision to reduce or eliminate insulting behavior by staff.
4. Discipline and retrain staff as needed. 5. Provide training for staff on policies and procedures and document
training. 6. Hire an independent person to investigate allegations of abuse or
complaints regarding staff by residents. (Executed)

Evidentiary Basis Document review, observation and interviews

Provision 16.4 Miscellaneous Provisions
Status

Henley-Young shall implement an adequate grievance policy that is accessible to all residents regardless of literacy levels, and that provides residents with the opportunity to appeal facility level determinations. Residents shall obtain the grievance forms from the school liaison.
Partial Compliance **

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*Discussion Recommendations

This provision remains at partial compliance Although the facility has JCAs, they must be integrated into the regular programming at Henley Young therefore I recommend the facility continue to follow my comments from my previous reports and my recommendations from below.
1. Place grievance boxes on each unit and school, residents should not be required to request a grievance form.
2. Provide training for staff on policies and procedures and document training.
3. Provide training for residents on policies and procedures and document training.
4. Ensure that residents are adequately familiarized with the grievance process during their orientation into the facility
5. Add a place on the Resident’s Grievance Resolution Report for a resident to request an appeal and place for the Director’s resolution.
6. Ensure Resident’s Grievance Resolution Reports are provided to the resident for their signature and their response to the outcome. If the resident disagrees with the resolution the resident has the right to appeal the decision to the director.
7. Any retractions of grievances should be done by residents and not by staff.
8. Ensure that JCAs are part of the Henley Young program including the grievance process

Evidentiary Basis Document review, observation, interviews

Provision 16.5 Miscellaneous Provisions
Status 67

Hinds County denies that Henley-Young does not currently have an adequate policy whereby residents can request to see their attorney and/or Residents Court counselor. The parties agree, however, that henceforth: Henley-Young shall develop and implement an adequate policy that allows residents of all ages and literacy levels with the opportunity to request to see their attorney and/or Residents Court counselor. Residents shall obtain the form requesting a visit from his/her counselor from the school liaison. Henley-Young agrees to collaborate with the Plaintiffs to design and implement a comprehensive juvenile justice pre-service and in-service training program for detention center staff. Training shall include, but is not limited to, the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.
Beginning Compliance **

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Discussion

The status of this provision still remains at beginning compliance. Based on my interviews with residents, there continues to be no indication and no documentation they had the opportunity to meet with their public defender prior to or after their court hearings. The facility now has case managers in place. Therefore, youth should be able to contact their attorneys, who in turn should help then along with their case manager understand their case and the process they are involved in as relates to court proceedings. These youth should have the ability to discuss their cases with their attorneys and are updated about their case. This will keep the youth from falling through the cracks. The youth’s attorneys are needed more with JCAs now being a part of the Henley-Young program.

Again, based on my most recent visit and review of documents, residents are still complaining they have not had the opportunity to speak with their attorneys. In my review of the records, there is still no indication that attorneys had visited their client. Again, I found no forms for requesting visits from counselors, attorneys or school liaisons. The requirements of the Prison Rape Elimination Act are not in place and still needs to be developed.

Recommendations

1. Develop policies and procedures and practices for this provision including JCAs.
2. Provide and document training for staff on policies and procedures. 3. Develop single form and system for incident reporting. 4. Develop system for receiving and mailing privileged and non-
privileged mail for residents. 5. Hire case management staff.(Executed) 6. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.). 7. Develop policies and procedures based on the prison rape
elimination act.

Evidentiary Basis Observation, interviews and Document reviews

CONCLUSION/ THOUGHTS This is my 12th official report on the progress at the Henley Young Juvenile Justice facility. I must say that some of the youth are doing very well for the amount of young people coming through the facility. In addition, the personnel at the facility have shown significant improvements since the beginning of this process. Therefore, keeping a strong administrative team in place is extremely critical at this juncture in the process.
Most young people are participating in recreation, group activities, regular programming and school. As I have stated during my visits, youth need a variety of experiences to help them develop their strengths and reduce their risk of participating in future criminal activities. The
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same expectation should be experienced by the new cohort of residents (your JCAs) regardless of their status in the criminal justice system. They also have unmet needs and are particularly at risk of participating in problematic behaviors.
Understanding adolescent development and the factors contributing to the healthy development of all youth are critical in the design and structure of facility programming. Physical and psychological safety and security is also a must during this transition. With the transfer of JCAs into the facility, integrated programming is critical. The transitioning of JCAs to Henley Young will require the facility to ensure all provisions of the consent decree are still fully carried out and the program rules and policies are adhered to. The facility must also provide an ample array of program opportunities that appeal to and meet the needs of this diverse population. Good programming is essential for an effective facility. JCAs and the juvenile population should be incorporated into the facility to work together in synergistic ways. Programming with strong staff participation and a strong structure is more conducive and provides better support for young people and their positive development. Structures that are developmentally appropriate with clear expectations for behavior as well as increasing opportunities for the residents to make decisions and participate in the governance and rulemaking is also a key component of facility programing. Such programs will help them to develop and take on more leadership roles as they move through the| behavioral modification program. These components will be extremely valuable for their growth and the facility’s success with this new population.
Henley Young has come a long way and has continued to make improvements. The mental health, medical and education experts have also confirmed improvements made since this process started. Now the County must continue to move forward and work towards moving the other provisions into the substantial compliance category. The facility must then maintain compliance at that level. Maintaining compliance is the key once you have reached substantial compliance.
I recognize this conclusion is longer than in the past, but I think it is necessary. The adding of JCAs is a group that has been added to this process and there is a need to ensure this transition goes as smoothly as possible and there is no deterioration in the hard work the county and the facility have put in place thus far. I still continue to recommend the County proceed with the proposed renovations and additions to the existing juvenile facility.
I would like to thank Hinds County Juvenile Judge Melvin Priester, Hinds County Board of supervisors, the County’s Attorneys Anthony Simon and Pieter Teeuwissen, County Administrator Carmen Davis, facility staff and the facility Director Johnnie McDaniels for their assistance and cooperation.
LEONARD DIXON
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 Case 3:11-cv-00327-DPJ-FKB Document 113 Filed 09/25/17 Page 1 of 71
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION HONORABLE DANIEL P. JORDAN III, U.S. DISTRICT JUDGE
J.H., ET AL, VS HINDS COUNTY MISSISSIPPI 3:11-CV00327 DPJ-FKB
Monitoring Compliance Report: Report Draft Date September 06, 2017
Report Date September 25, 2017
Submitted by Leonard B. Dixon, MSPA
24420 Crescent Drive Woodhaven, MI 48183
734 642-7412 Email home: lbdixon1@comcast.net Email work: leonard.dixon@cookcountyil.gov

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Henley Young Juvenile Justice Center Eleventh Monitoring Compliance Report
September 25, 2017
The Eleventh Monitor’s Report Henley-Young Juvenile Justice
Leonard B. Dixon
Background See previous reports for history and background on this consent decree.
Recommendations based on findings, observations and interviews Result of visit on July 19, 2017 to July 24, 2017
Documentation provided and reviewed Fire Alarm Inspection Report dated June 16, 2017 by SimplexGrinnell (not signed by inspector and two deficiencies: 1) failed – sprinklers tamper switch and 2) H119 mechanical room) Incoming/Outgoing Mail log from January 2017 to July 2017 Behavior incentive program logs from January 2017 to June 2017 Memo detailing training itinerary from July 10, 2017 to October 2017 Food Service Menu for 4 weeks approved December 31, 2016 to January 31, 2017 Henley Young Breakfast Menu Daily Schedule for 4 Units Henley-Young Juvenile Justice Center Organization Chart Henley Young Juvenile Justice Center Resident Handbook – updated areas:
 Sanctions  Minor infractions  Behavior point system  PREA  Youth Reporting  Qualified Mental Health professionals  Case managers Due Process Isolation Logs: June 2017 – 2 residents (log completed) May 2017 – 5 residents (log not completed entirely- 1 resident MH) March 2017 – 1 resident (log completed) February 2017 – 9 residents (log completed) Maintenance Housekeeping Schedule from 2 am to 10 a.m. Quality Assurance New Policy & Procedures 8.A.8 – Referral for Psychiatric Services effective April 2017 (no attachment) 8.A.9 – Treatment Teams effective April 2017 (no attachment) 8.A.10 – Access to Adequate Rehabilitative Services effective April 2017 11.A.1 – Case Management effective April 2017 (no attachment) 11.A.2 – Initial Assessment effective April 2017(no attachment) 11.A.3 – Classification effective April 2017 (no attachment) 11.A.4 – Individual Service Plan effective April 2017 (no attachment) 11.A.5 – Readmission Assessment effective April 2017
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Notification of Due Process Hearings: February 2 – Resident M.G. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report and Hearing Decision) February 2 – Resident T.A. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report and Hearing Decision) February 6 – Resident S. W. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Results of Disciplinary Hearing and Hearing Decision) February 6 – Resident T. A. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report and Hearing Decision) February 6 – Resident J. P. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report and Hearing Decision) February 16 – Resident J.P. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report and Hearing Decision) February 28 – Resident K.S. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report and Hearing Decision) February 10 – Resident M.C. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report and Hearing Decision) February 2 – Resident M.C. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report and Hearing Decision) March 6 – Resident C.R. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report and Hearing Decision) May 30 – Resident T.M. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision) May 11 – Resident E.T. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report and Hearing Decision) May 4 – Resident J.C. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statements and Hearing Decision) June 7 – Resident J.C. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision) June 28 – Resident E.T. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report and Hearing Decision)
Hinds County Employee Compensatory Time Report ran date April 25, 2017 Receiving Report from Bob Barker for December 2016, March 2017 and June 2017 Departmental Budget for 2017 to 2019 with attachments:
 Calculating fringe benefits FY 2018  Request for new 1 position (license clinical psychologist) FY 2018  Federal court monitors compliance requirements HC Supervisors Meeting dated
April 18, 2016 regarding needed staffing  Request for reallocation or reclassification FY 2018  Department contracts listing FY 2018  HC Board of Supervisors Programmatic Assessment FY 2018 and FY 2019
General information  Letter from HC Board of Supervisors to McDaniels regarding budget for FY 2017
and amendments
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 Budget from 2015 – 2016 to 2016 - 2017 Quality Assurance Monthly Incidents Reports for months:
June 2017 – 13 incidents May 2017 – 12 incidents April 2017 – 8 incidents March 2017 – 5 incidents February 2017 – 15 incidents Quality Assurance Verbal Policy Review Test for all 3 shifts Daily Population sheets for months: February 2017 (missing 4, 5, 6, 10, 11, 12, 13, 18, 19, 20, 25, 26) March 2017 (missing 4, 5, 11, 12, 18, 19, 25, 26) April 2017 (missing 1, 2, 8, 9, 15, 16, 22, 23, 29, 30) May 2017 (missing 6, 7, 13, 14, 20, 21, 27, 28, 29) June 2017 (missing 3, 4, 10, 11, 17, 18, 24 – 29) July 2017 (missing 1, 2, 4, 8, 9, 15 - 31) Visitation Logs: December 2016 (dated15, 17, 18, 22, 25, 29 and 31) January 2017 (dated 1, 5, 8, 12, 22, 26, and 28) February 2017 (dated 2, 4, 5, 9, 12, 23, 25, and 26) March 2017 (dated 5, 9, 16, 18, 19, 23, 26, and 30) April 2017 (dated 1, 2, 6, 9, 16, 22, 24 and 30) May 2017 (dated 4, 6, 7, 13, 18, 20, 21, 27 and 28) June 2017 (dated 1, 3, 4, 8, 10, 11, 18, 25, and 29) July 2017 (dated 1, 6, 8, 9 and 13) Use of Force Incidents by all Pods for months: June 2017 - 3 May 2017 – 1 April 2017 – 1 February 2017 – 1 Daily Schedule for 4 Units from March 2017 to July 2017 Email to Administration regarding installing computers in intake for MAYSI from Dorsey dated June 6, 2017 Quality Assurance Training Database (electronic management) – sample Quality Assurance Data Collection for 4 pods from March 2017 to August 2017 Quality Assurance Resident Master File Audit: Resident F.B. Resident L.M. Resident A.T. Resident C.W. Resident R.J. Quality Assurance Daily Population Records for months: June 2017 May 2017 April 2017 March 2017 February 2017
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Quality Assurance Audit Reports for months: March 2017 July 2017
June 2017: Restraint by type table Suicide watch log total 12 residents Suicide attempt/self-injury etc. table Incident by month graph total 13 incidents Confinement hours table/graph Use of force incident table totaled 3 incidents Incident by shift graph total 13 Resident monthly total 311
May 2017: Restraint by type table Suicide watch log total 14 residents Suicide attempt/self-injury etc. table Incident by month graph total 12 incidents Confinement hours table/graph Use of force incident table total 1 incident Incident by shift graph total 12 Resident monthly total 368
April 2017: Restraint by type table Suicide watch log total 10 residents Suicide attempt/self-injury etc. table Incident by month graph total 8 incidents Confinement hours table/graph Use of force incident table total 1 incident Incident by shift graph total 8 Resident monthly total 312
March 2017: Restraint by type table Suicide watch log total 9 residents Suicide attempt/self-injury etc. table Incident by month graph total 5 incidents Confinement hours table/graph Use of force incident table total 0 incidents Incident by shift graph total 5 Resident monthly totaled 348
February 2017: Restraint by type table Suicide watch log total 12 residents Suicide attempt/self-injury etc. table Incident by month graph total 15 incidents Confinement hours table/graph Use of force incident table total 1 incidents
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Incident by shift graph total 15 Resident monthly totaled 549 HY JJC Supervisor Checklist dated May 8, 2017 HYJJC 3 to 11 Shift report dated March 13, 2017 HYJJC 7 to 3 Shift report dated May 8, 2017 HYJJC 3 to 11 Shift report dated May 17, 2017
Phone call logs 2017: Tubman Pod dated: February 21 March 6 April 11 May 2 June 27 Davis Pod dated: April 8 May 3, 9, 31 June 14, 21 July 5 Payton Pod dated: February 20, 27 March 6, 20, 27 April 3, 6, 24, May 1 June 12, 19, 26 JFK Pod dated: March 7, 14 May 9 June 20 July 4
Training sign in sheets for months: February 2017 -
6 – Policy & Procedure (12 staff) 7 – Suicide Prevention (12 staff) 8 – Mental Health (10 staff) 9 – CPI (12 staff) 10 – Behavior Management/Effective Communication (12 staff) March 2017 – 13 – Policy & Procedure (3 staff) 14 – Suicide Prevention (3 staff) 14 – PREA (3 staff) 15 – Mental Health Training (4 staff) 15 – Juvenile Rights (3 staff) 16 – CPI (4 staff) 17 – Safety & Security (4 staff – 1 not attended)
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September 25, 2017
31 – CPI Training (7 staff)
April 2017 – 25 – CPI (6 staff with CPI Blue Cards attached) 26 – CPI (4 staff with CPI Blue Cards attached)
May 2017 – 1 – Policy & Procedure (4 staff) 2 – PREA (6 staff) 2 – Suicide Prevention (6 staff) 3 – Mental Health (6 staff) 3 – Juvenile Rights (6 staff) 4 – CPI (5 staff) 5 – Safety & Security (5 staff) 5 - ??? (States “training” facilitator CM F. Galloway – 5 staff possibly “CPI” CPI Blue cards attached)
June 2017 – 5 – CPI Training (5 staff with CPI Blue Cards attached) 6 – Memo from Mr. Dorsey regarding training on MAYSI 2 Assessment tool (17 staff) 13 - ??? (Training title/instructor not listed – 10 staff) 14 - ??? (Training title/instructor not listed – 11 staff) ?? - ??? (Training title/instructor not listed – 11staff) 19 – Memo states CPI training no sign in sheet 19 – CPR
July 2017 – 5 – Mississippi Peace Officer Standards & Training Roster (52 staff) 10 - 25 – Memo instructing staff to attend training 17 – 21 – Memo instructing staff to attend training
Case management Individual Service Plans for residents: Resident J.N. DOA 5/22/2017 Plan dated 5/30/2017 signed by resident Resident F.H. DOA 5/22/2017 Plan dated 6/1/2017 signed by resident Resident D.D. DOA 5/23/2017 Plan dated 5/30/2017 not signed by resident Resident J.C. DOA 5/24/2017 Plan dated 6/2/2017 signed by resident Resident J.C. DOA 6/23/2017 Plan dated 6/26/2017 signed by resident Resident J.S. DOA 5/25/2017 Plan dated 5/30/2017 not signed by resident Resident L.M. DOA 5/28/2017 Plan dated 5/30/2017 signed by resident 6/15/2017 Resident C. W. DOA 6/16/2017 Plan dated 6/20/2017 signed by resident 6/19/2017 Resident A. T. DOA 6/20/2017 Plan dated 6/21/2017 signed by resident Resident L. M. DOA 6/22/2017 Plan dated 6/30/ 2017 signed by resident Resident T. P. DOA 7/12/2017 Plan dated 7/18/2017 not signed by resident
Tornado and Fire Drill Log per shifts: June 2017 Fire conducted 6/13/2017 (Alpha), 6/15/2017 (Bravo), and 6/28/2017 (Charlie) Tornado conducted 6/30/2017 (Alpha), 6/15/2017 (Bravo), and 6/29/2017 (Charlie) May 2017 Fire conducted 5/11/2017 (Alpha), 5/16/2017 (Bravo), and 5/26/2017 (Charlie)
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Tornado conducted 5/18/2017 (Alpha), 5/25/2017 (Bravo), and 5/31/2017 (Charlie) April 2017
Fire conducted 4/5/2017 (Alpha), 4/26/2017 (Bravo), none (Charlie) Tornado conducted 4/26/2017 (Alpha), 04/14/2017 (Bravo), and 04/27/2017 (Charlie) March 2017 Fire conducted 3/15/2017 (Alpha), 3/17/2017 (Bravo), and 03/22/2017 (Charlie) Tornado conducted 3/21/2017 (Alpha), 3/19/2017 (Bravo), and 03/23/2017 (Charlie) February 2017*Memo from Burnside regarding shifts not in compliance with policy/procedures Fire conducted 2/2/2017 (Alpha), 02/20/2017 (Bravo), and 2/24/2017 (Charlie) Tornado conducted 2/21/2017 (Alpha), 2/28/2017 (Bravo), and 2/28/2017 (Charlie) HYJJC Monthly Grievances submitted: February 2017 - 2 grievances submitted by residents March 2017 - 6 grievances submitted by residents April 2017 - 3 grievances submitted by residents May 2017 - 4 grievances submitted by residents June 2017 – 2 grievances submitted by residents July 2017 – 2 grievances submitted by residents HYJJC Resident Incident Report/Use of Force/Unusual Incident Reports February 2017 – 17 Residents (including some witness statements) March 2017 – 3 Residents (including some checklists, witness statements and medical forms) June 2017 – 12 Residents (including some checklists, witness statements and medical forms) July 2017 – 2 Residents (including some checklists, witness statements and medical forms)
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Henley Young Juvenile Justice Center Eleventh Monitoring Compliance Report
September 25, 2017
Staff Interviewed Malcolm Sanders, Recreation Supervisor, 1 year 6 months Victor Johnson, Recreation Coordinator, 2 years Melissa Odom, Detention Officer, 3 months Debra J. Byrd, Senior Officer Supervisor, 5 years Brenda Felix, QMHA, 4 years Eddie Burnside, Operations Manager Eric Dorsey, Quality Assurance Manager Johnny McDaniels, Director Ferniece Galloway, Case Manager Tamika Barber, Case Manager Marshara Cook, Case Manager
Youth Interviewed Resident T.P. 15 years old Resident V.J. 16 years old Resident L. H. 16 years old Resident J.M. 17 years old Resident A.M. 16 years old Resident G.P. 16 years old Resident D.J. 16 years old Resident J. H. 15 years old
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Henley Young Juvenile Justice Center Eleventh Monitoring Compliance Report
September 25, 2017
Introduction This report is the result of my eleventh (11th) official visit to the Henley-Young Juvenile Justice Center and the progress made since my previous visit. On July 19, 2017 through July 24, 2017, I conducted an official inspection and review of the facility. In this report, I have detailed my findings from my visit which are based on the following criteria: 1) observations, 2) interviews, 3) SPLC reports 4) subject matter expertise in operating juvenile institutions, 5) best practices in juvenile justice, 6) document reviews, and 7) video and audio reviews.
I would like to again thank the staff, facility administration, and the Hinds County attorneys for their continued cooperation in this process.
It should be noted that based on my most recent review the facility has moved 8 provisions from non-compliance to beginning compliance; 5 provisions have moved from beginning compliance to partial compliance and 6 provisions have moved from partial compliance to substantial compliance. This is commendable and shows that Henley-Young is moving in the right direction and continually improving toward full compliance.
Facility and Operational Culture From an operational and cultural aspect, the facility continues to improve. I reviewed the facility’s population for five months and the average daily population has ranged from a low of 10.37 youth per day to a high of 19.61 youth per day. This is an outstanding accomplishment. The facility continues to provide recreation and a variety of culture programs to the residents. The youth I interviewed were engaged in programming and were familiar with the different programs available for them at the facility.
The facility also continues to use programs provided by the Hinds County Behavior Health Services and other outside volunteer groups as I stated in my previous reports.
During my last review, I discussed the facility’s development of an effective behavior management (point/level system or Cognitive Behavior Therapy) program for residents. A review of this system shows that the facility has made much progress since my last visit. In my interviews with youth they were familiar with the behavior modification program. However, the staff needs continuous training on the behavior modification program to ensure uniformity and understanding of the program. This is normal when new programs are being developed. I recommend additional staff training and monitoring by the administration.
As stated in my previous report, the facility must continue to focus on the following:
A. Adequately training staff – the facility has done a very good job at training and maintaining training records for staff. During my visit staff attended training to be certified in Mississippi Peace Officer Standards & Training. The current training is more designed for adults and must be more concentrated on juveniles and adolescent issues.
B. Hiring and train case managers – the facility has hired three case managers and are in the process of training and implementing the program. However, there is still a need to
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develop policies/procedures for this area. As in anything else the major part is the hiring of staff which has been accomplished.
C. Implementation of mental health programs – the mental health programs continues to be developed and Dr. Boesky will review these programs during her October 2017 visit.
D. Develop MOU with Jackson Public Schools – during this visit the facility did not have a summer educational program for the residents. Therefore, the County must develop an MOU with Jackson Public School. Mrs. Brooks will provide additional updates during her September 2017 visit.
E. Develop recreation programs and purchase additional equipment for youth – the facility has developed adequate recreation programs and purchased additional equipment for youth. There are also various volunteers engaged in providing additional services to the residents.
F. Update cameras and intercom systems - the facility continues to work on these areas. The camera and intercom systems are critical for safety and security of staff and youth and vital for investigations.
G. Continue to improve medical system – the medical program will be reviewed by Dr. Ezike during her November 27 visit.
H. Renovate and redesign unused space – during this visit I reviewed the plans for a redesign of the existing Henley Young complex building to accommodate young adults that are currently housed at the Hinds County Jail. My major concern, with the facility housing young adults from the county jail, is there adequate staffing and training to deal with this more aggressive population. During my visit to the County Jail, the young adult unit was in extreme poor condition, no programs were available, the young adults were constantly on lockdown and there were inadequate supervision for them. Transitioning from a jail environment which is run by sworn officers to Henley-Young which is staffed with unsworn staff may lead to an increase in violence toward both staff and residents. This will have to be addressed and managed properly.
If this transition is to occur I would recommend a slow transfer of these young adults into Henley-Young to mitigate the negative impacts from integrating these young adults into a relatively structured facility. An initial carefully planned selective transitional program should be developed to slowly move these young adults a few at a time into HenleyYoung on a weekly or biweekly basis. This transition process is critical if the facility is to maintain its compliance with the consent decree. There also needs to be additional security for these adult inmates. The physical plant needs greater security hardware (i.e. fencing for outdoors, outdoors ground security, outdoor windows security etc.) and new stringent staffing security protocols in place before this transition takes place. In addition, I would recommend major changes in the juvenile laws that currently exist that automatically transfer youth to the adult court. New legislation should be considered to
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ensure that minors have their cases heard before a juvenile court judge, so the courts can consider factors like the background, mental capacity and culpability of a minor before deciding that the case should be transferred. This provides juvenile offenders with the basic changes for a more rehabilitative court which is the national trend. Some states have enacted legislation that provides only certain crimes would automatically be transferred to the adult system (i.e. 1st degree murder, aggravated criminal sexual assault or aggravated battery with a firearm). I am concerned that the integration of young adults into Henley-Young may possibly jeopardize and potentially undermine all the hard work and effort put in place by the County if the above- mentioned recommendations are not carefully considered or adhered to.
I. Continue to maintain cleanliness and repairs of the facility – the facility has come a long way as it relates to cleanliness and repairs. The facility now has a maintenance program and schedule which should be continued and supported by the County.
J. Develop an adequate case management system – the facility has hired three case managers which is outstanding. However, as discussed earlier policy/procedures needs to be developed. These new policies and procedures should ensure that they are consistent with best practice, all staff are trained and they familiar with them.
K. Develop and maintain adequate data collection system – the data collection system continues to improve. The facility administration has improved data collection however it should be organized and structured better. A good Information Technology individual can help develop the program. As stated in my previous reports the County must provide additional technical support for the facility. Analyzing data is one of the key components to a good quality assurance program. Once the data has been collected and analyzed to identify trends, the QA team must interpret the data to determine the extent to which the facility performance is meeting expectations. For example, a high-quality data collection system will be able to report on compliance trends for confinements, staffing and other detention standards. A data collection and reporting system will be able to show that the facility is substantially meeting goals and identify areas for improvement. The “Desktop Guide for Good Juvenile Detention 2015” is a resource the sets out national data collection standards. As stated above the facility’s QA team has done what they can, now the County must take the lead on improving the facility’s data and IT systems.
In regards to policies/procedures, the facility should continue to ensure the following:
(1) Whether there are written policies covering this provision. (2) Whether there are written procedures to implement the policies. (3) Whether practices are consistent with the written policies and procedures. (4) Whether the policies, procedures, and practices meet constitutional and other local
requirements.
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Facility Staffing As it relates to staffing, the facility has nine (9) vacancies which should be filled. As stated above, with young adults transferring from the Hinds County Jail, the facility has to ensure staff are trained extremely well and that they become familiar with differences as it relates to the current juveniles population and the new young adult population who have already been exposed to the adult system and can be more aggressive. For that reason I am recommending an enhanced and more robust staffing as well as training program. This enhanced staffing would consist of a certified Restraint Team (RTs) and members of the restraint team being assigned to each shift. The County will need to hire several new staff for these enhanced positions and to train several of the existing Henley-Young staff to complete this new team. There is a national organization Controlled F.O.R.C.E Inc. that can assist the County in the training of this new team and help the new team in developing different methods to adequately handle this new and challenging milieu. This company has been effective in assisting youth oriented agencies in developing staff. The company has been able to use verbal and physical control methods to better improve safety and to effectively manage the juveniles better in care. The program course curriculum covers a variety of body positioning drills, verbal de-escalation programs, takedowns, subject control tactics, handcuffed positioning and restraint applications in addition to team restraint tactics. There is also a train the trainer module that will enhance the current training program(s) at Henley- Young and the programs would be more cost-effective. As stated by the company “This program can be customized to best help reduce injuries and provide staff with the skills needed to be safe and effective”. I have used this program in my facility for several years and it has been an excellent addition to our training and staffing structures.
Training The facility now has the ability to use the training rooms within the complex. Staff are now trained in adequate space with proper equipment and an environment conducive to training.
Building Cleanliness/Environmental Issues/Maintenance Under the new plan to transfer of young adults from Hinds County Jail, additional maintenance staff, new evacuation procedures and additional staffing are required to ensure operational needs are meet.
Professional Standards of Care/Sustainability Please see my previous reports. This is critically important at this juncture of the process based on the potential transfer of young adults from the county jail to the juvenile detention facility.
Mental Health Dr. Boesky will provide an updated report and recommendations based on her visit. However, the County needs to ensure that the clinical psychologist recommended is hired immediately.
Suicide Prevention Dr. Boesky will provide an updated report and recommendations based on her visit. As stated above the clinical psychologist is needed to ensure the full development of the mental health program and the needs of the youth at Henley Young are being addressed appropriately and professionally.
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Behavior Management/Isolation Please see my statements above. During this visit and my review of documentation, I found that the facility was not abusing isolation practices. However, I would recommend the administration closely review incidents reports to ensure that staff is accurate when placing residents in confinement (i.e. Resident M.C. on 2/9/2017 was escorted back to B Pod however there is no mention of the resident going to his room; Resident J.P. on 2/15/2017 was escorted back to his pod again there was no mention of the resident placed in his room after flooding his room; Resident J.P. on 2/9/2017 he was escorted to his room B101 but there is no indication that he was placed on BMI for 15 minutes to cool down and Resident L.M. on 6/13/2017 was escorted to his room for acting out however there is no indication that he was placed in his room even though the incident report shows that he was placed in his room). These are areas that must be persistently monitored. There is also a potential uptick in behavior management/isolation with the transferring of young adults from the Hinds County Jail to the Henley Young facility. The facility administration must maintain a high level of vigilance during the planned transition to prevent abuse and inappropriate use of isolation.
Medical, Medication Review & Disposal Dr. Ezike will provide an updated report and recommendations based on her visit.
Food Service During my review and discussion, the food has improved tremendously. Residents I interviewed stated the food presentation and quality is good. The County should be commended and maintain the food service program and practices it has in place to ensure the food service program continues in this direction. Food is a major part of an institution. When the food program is doing well, the facility continues to do better.
89-day program (Secure Intervention Unit)/Juvenile Court At this point in time, the 89-day program has been disbanded. With the facility hiring case managers they are bridging the gap as it relates to services being offered within the facility and helping residents connect with services following their detention stay. In addition, I would recommend that the case managers be allowed to interact with court personnel to ensure that they are familiar and have access to court information needed to relay to their clients.
In addition, the case managers must also be updated by the public defender on the status of a resident’s case (Court dates, dispositions etc.) so they will be able to provide the resident with accurate and consistent information regarding their case.
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School Mrs. Brooks’ will provide an updated report and recommendations based on her visit. However, as stated in my previous report I am still recommending that the Jackson Public School system (JPS) hire a compliance officer to ensure that the school educational standards are being met. Education is a key component of facility programming and must be in place. Residents entering juvenile institutions are behind in school. School must play a major role in the success of the resident and his/her rehabilitation. During this visit, I found youth at Henley Young not in school for the entire summer. Most youth admitted to facilities have a history of poor academic performance. Youth who are enrolled in detention schools that are short-term must have an opportunity to keep current with their studies and return to school when released with minimum disruption to education. We also know that academic success helps youth see themselves differently, which can lead to enhanced self-esteem and improved problem-solving abilities. Youth engaged in pro-social programming such as education during their time in custody exhibit fewer behavior problems. Therefore, youth should be in school during their stay at Henley Young.
Compliance Below are the compliance ratings and summary of ratings used in this report. However, as stated above the facility continues to make progress on provisions. Please note again that some of the comments and recommendations in the provisions are restatements of previous reports because in those areas minor or some movement has been made. The Director should use these comments as a road map to continue developing the facility plan. He should also continue to develop comprehensive corrective action plans for guidance. That plan should have the following:
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A. Clearly state the problem or weakness, including the root cause B. List the individuals who will be accountable for the results of the corrective
action plan C. Create simple, measurable solutions that address the root cause D. Each solution should have a person that is accountable for it E. Set achievable deadlines F. Monitor the progress of the plan
The graph below has been included to show the progress made thus far on the 71 provisions:
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Compliance Summary

80
71 70

60

59

54

50

40

3536

37 34

30

30

30

25

28

26

29 22 23 22

20

17

12

10

13

1715 9

18 14
11

17 17 11 13 13

14

6

3

0000 000

00

00

00

00

0

Report 1 Report 2 Report 3 Report 4 Report 5 Report 6 Report 7 Report 8 Report 9 report 10 report 11

Report

Compliance

Monitoring

Series1

Series2

Series3

Series4

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Compliance Code Measurements
Substantial Compliance (SC): Practices follow the county-approved policies, training materials or other documents; practices follow policy with rare exception and exceptions lead to corrective action; trained staff fill all positions and vacancies are filled within 3 months; the County has completed work in an acceptable manner; policies, procedures and practice and training are fully operational and quality-assurance audited and audit exceptions lead to corrective action; outcomes meet or exceed agreement requirements.
NOTE: Provisions labeled (SC*) will be or were eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.
Partial Compliance (PC): Policy and procedure is implemented in some but not all locations or times; staff are hired but not trained; the County is working on implementation but tasks are not completed; system implemented at some but not all locations or times, outcomes meet or exceed agreement requirements some of the time and in certain area.
Beginning Compliance (BC): Policy and procedure is written by the county but has not been implemented; funding and hiring authority are approved by the County but positions are not filled; training materials prepared and approved by the county but training has not started.
Non-Compliance (NC): No action taken and immediate steps needed to maintain schedule or prevent further delay. A policy may exist, but the policy may need significant revision or modifications and rarely translates into practice.

Provision

Intake

1.(1) All Residents Admitted to Henley Young 1.(2) MAYSI-2 Mental Health Screening 1.(3) Prescription Medications 1.(4) Meal Compliance 1.(5) Telephone Usage 1.(6) Strip Search Policy

Provision 2.(1) 2.(2) 2.(3)

Staffing and Overcrowding Direct Care Staff Ratio Maximum Capacity Adjustment One-Person Cell

Provision 3.(1)

Cell Confinement Structured, Rehabilitative & Educational Programming

18

8th Report
NC NC NC SC SC BC

9th Report
NC NC NC SC SC PC

10th Report
NC NC BC SC* SC* PC

11th Repor
t BC BC BC SC* SC* PC

NC

NC

BC

SC

SC

SC

SC* SC*

SC

SC

SC* SC*

BC

BC

PC

PC

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3.(2) Appropriate Access to Living Unit 3.(3) Dangerous Residents 3.(4) Isolation

3.(5) Direct Care Staff on Units

4

Educational, Rehabilitative, and/or Recreational Programs

NC

NC

BC

PC

NC

NC

BC

BC

NC

BC

PC

SC

BC

BC

PC

SC

BC

BC

BC

PC

Provision

Individualized Treatment Plans/Treatment Program for Post-Disposition Residents

5.(1) Residents Access to Adequate Rehabilitative Services NC

NC

NC

BC

5.(2)

Health and/or Substance Abuse Treatment

NC

NC

NC

BC

5.(3) Treatment Plans

NC

NC

NC

BC

5.(4) Review of Individual Treatment Plans

NC

NC

NC

BC

5.(5) Evening and Weekend Programs and Activities

NC

NC

NC

BC

5.(6) Quality Assurance Program

PC

PC

PC

PC

Provision Disciplinary Practices and Procedures

6.(1) Implement a Discipline Policy and Practice

6.(2)

Policy for Residents Violations

NC

NC

BC

PC

NC

NC

BC

PC

Provision 7.(1) 7.(2) 7.(3) 7.(4) 7.(5)
7.(6) 7.(7) 7.(8)
7.(9) 7.(10)

Use of Restraints Mechanical Restraints
Mechanical Restraints – Transportation Misuse of Mechanical Restraints Mental Health – Use of Mechanical Restraints
No Restraint Chairs, Chemical Restraints and/or Tasers No Hogtying in Facility Mechanical Restraints – One-On-One Supervision Mechanical Restraints – Notice to Medical Professional No Electronic Restraints No Firearms in Facility

BC

PC

SC

SC

PC

SC

SC

SC

PC

SC

SC

SC

BC

BC

BC

BC

SC

SC

SC* SC*

SC

SC

SC* SC*

PC

SC

SC

SC

BC

PC

SC

SC

SC

SC

SC* SC*

SC

SC

SC* SC*

Provision Use of Force

8.(1) No Misuse of Use of Force

NC

NC

BC

PC

8.(2)

Notice to Medical Professional After Use of Force

PC

PC

PC

PC

Provision 9.(1) 9.(2) 9.(3)

Meals and Nutrition All Meals and Snacks Must Be Nutritional
Comply with Nutrition Guidelines Provide Drinking Water Throughout the Day

PC

PC

PC

SC

BC

BC

PC

SC

SC

PC

SC

SC

Provision Clothing

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10

Provide Basic Clothing Items

PC

PC

SC

SC

Provision

Hygiene and Sanitation

8th

9th

10th

11th

Report Report Report Report

11.(1) Provide Appropriate Hygiene Products

PC

11.(2) Provide Sleeping Mats and Blankets

PC

11.(3) No Deprivation of Mats and Blankets

SC

11.(4) Sufficient Sanitary Mats and Blankets

SC

11.(5) Clean and Sanitary Environment

BC

11.(6)

Fire Safety, Weather Emergencies, Sanitation Practices, Food Safety, and Provide Safe Environment

BC

11.(7) Clean Drinking Glasses and Eating Utensils

PC

PC

SC

SC

SC

SC

SC

SC

SC* SC*

SC

SC* SC*

BC

PC

PC

BC

PC

PC

PC

SC

SC

Provision

Medical Care

12.(1) Provide Residents with Adequate Medical Care

NC

NC

BC

BC

12.(2) Provide Medical Professional When Needed

NC

NC

BC

BC

12.(3)

Implement a Sick Call Policy to Ensure 24 Hour Services

NC

NC

BC

BC

12.(4)

Prescription Medications Only Dispensed by Medical Staff

NC

NC

BC

BC

12.(5) Provide Medical and Mental Health Services

NC

NC

BC

BC

12.(6)

Proper Monitoring Residents Who Require Individualized Attention

NC

BC

BC

BC

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Provision
Provision 13.(1) 13.(2)
13.(3)
13.(4) 13.(5)
13.(6)

Hygiene and Sanitation
Mental Health Care Provide Adequate Mental Health Care Residents and Psychotropic Medications Within 72 Hours of Admittance Complete an Individual Mental Health Treatment Plan Implement Policies and Procedures for Referrals Sufficient Psychiatric Services Psychiatrist and/or Counselors to Record Review to Ensure Proper Care

8th

9th

10th

11th

Report Report Report Report

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

Provision

Suicide Prevention

14.(1) Multi-tiered Suicide Prevention Policy

BC

BC

BC

BC

14.(2)

Evaluate Highest Level of Suicide Watch Every 12 Hours by Medical Professional

BC

BC

BC

BC

14.(3)

Closely Monitor Suicide Watch Residents During All Activities

BC

BC

BC

BC

14.(4)

Court Shall be Notified Within 24 Hours of Any Residents on Suicide Watch

BC

BC

BC

BC

Provision

Hygiene and Sanitation

Provision 15.(1) 15.(2) 15.(3) 15.(4)

Family Support and Interaction Visitation Shall Not Be Restricted or Withheld Provide Accommodations for Contact Visits Visitation Shall be Regularly Scheduled Phone Calls Shall be Allowed Based on Policy

SC

SC

SC* SC*

SC

SC

SC* SC*

SC

SC

SC* SC*

PC

PC

PC

PC

Provision

Miscellaneous Provisions

16.(1) Provide Equal Access to All Services

BC

BC

PC

SC

16.(2)

Provide the Opportunity to Participate in Large Muscle Exercise Every Day

NC

NC

BC

PC

16.(3)

Prohibit the Use of Profanity in the Presence of Residents

BC

BC

BC

BC

16.(4) Provide Adequate Grievance Policy

BC

PC

PC

PC

16.(5)

Provide Residents of All Ages with the Opportunity to See Their Attorney and/or Residents Court Counselor

BC

BC

BC

BC

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The following are my observations and recommendations specific to the provisions of this agreement. It should be noted that my introductory comments are integral measures of the
provisions and should be seen as such.
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1. Intake
Provision1.1 Intake
Status Discussion

All residents admitted to Henley-Young shall receive a health screening, within 1 hour of admission or as soon as possible as reasonably thereafter, by appropriately trained staff as required by Mississippi Code Annotated § 43-21321. Information obtained during the screening shall include, but shall not be limited to, the juvenile’s: (a) Mental health; (b) Suicide risk; (c) Alcohol and other drug use and abuse; (d) Physical health; (e) Aggressive behavior; (f) Family relations; (g) Peer relations; (h) Social skills; (i) Educational status; and (j) Vocational status.” Mississippi Code Ann. § 43-21-321(1). During this screening, Henley-Young shall obtain information regarding the resident’s educational status by having the residents or intake officer complete an education screening form developed and provided by the Jackson Public School District.
Beginning Compliance
The provision has moved to beginning compliance. The facility has developed policies/procedures. However, the County is still in the process of hiring a psychologist to oversee the qualified mental health professionals (QMHP).

As stated in my previous report, the County is developing a scope of service that would detail the following areas as it relates to mental health services being provided for youth at Henley Young:
1. Psychiatric evaluations 2. Medication management 3. Therapy services (individual, group and family) 4. Follow-up case management 5. Patient and family education 6. Specializes in the treatment of mentally ill pregnant females 7. Tele psychiatric services

Dr. Boesky will provide an updated report and recommendations based on her visit.

There continues to be youth who are entering the facility who are identified based on the MAYSI-2 screening who have identified suicidal and mental health risks that are not being addressed.

Recommendations

1. Fully develop admitting policies and procedures to reflect provision 2. The court should provide staffing for intake purposes 3. The facility should provide enough staff to fully cover the care and custody
issues in the facility 4. Ensure all staff who admit residents are properly trained 5. Develop training records 6. Provide documentation in an organized way on residents being
screened/admitted (files)

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7. Ensure all residents’ records are available for my review with all areas of the provisions placed in the resident’s file
8. Dr. Boesky will provide an updated report and recommendations based on her visit.

Evidentiary Basis Document review, observation, interviews

Provision 1.2 Intake
Status Discussion

All residents shall receive a MAYSI-2 mental health screening upon admission, as required by Mississippi Code Annotated § 43-21-321. The screening will be conducted in private by appropriately trained staff of Henley-Young. If the screening indicates that the residents is in need of emergency medical care or mental health intervention including, but not limited to, major depression, suicidal ideation, withdrawal from drugs or alcohol, or trauma, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation immediately or as soon as reasonably possible.
Beginning Compliance
This provision has moved to beginning compliance. The facility has initiated a new MAYSI mental health screening tool and has developed policies/procedures. However, the County is still in the process of hiring a psychologist to oversee the qualified mental health professionals (QMHP).

Dr. Boesky will provide an updated report and recommendations based on her visit.

Continue to develop and follow mental health plan.

Recommendations

1. Develop comprehensive policy and procedures for this provision. 2. Develop resident files that are organized and arranged properly 3. Develop training and provide documentation of training 4. Identify person or person(s) whose responsibility is to score the
instrument 5. Provide documentation on who reviews the instrument and note what
services are provided for the residents in the facility and what services should continue when the residents leave the facility 6. Develop process whereby facility staff and court employees develop a system for the sharing of information and reviewing of residents’ files which are centrally located and accessible to detention staff. 7. Develop plan of action for follow-up services upon a youths release 8. Dr. Boesky will provide an updated report and recommendations based on her visit

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Evidentiary Basis Document review, observation, interviews

Provision 1.3 Intake
Status Discussion

Prescription medications will be secured for all residents who have a valid, current prescription within 8 hours of admission, if possible, but in no case, longer than 24 hours after admission, including weekends and holidays. If during a resident’s detention, a medical professional either prescribes a new medication or renews a resident’s previous prescription medication, HenleyYoung will secure the prescription medication within 8 hours of receiving the prescription, if possible, but in no case, longer than 24 hours after receiving the new prescription, including weekends and holidays. Henley-Young shall procure and/or purchase all prescription medications prescribed to confined residents.
Beginning Compliance
The provision remains at beginning compliance. Dr. Ezike will provide an updated report and recommendations based on her visit

Recommendations

1. Hire a Medical Doctor, physician’s assistant or a practitioner. This person must be involved in developing the medical department and to direct medical care.
2. Maintain written policy and procedures or protocol for this provision 3. Document staff training on distribution and side effects of medication 4. Provide documentation on efforts to obtain prescription drugs 5. Dr. Ezike will provide an updated report and recommendations based on
her visit

Evidentiary Basis Document review, observation, interviews

Provision 1.4 Intake
Status
Discussion

Upon admission to Henley-Young, all residents shall be offered a snack or meal in compliance with the United States Department of Agriculture’s School Meals Program standards.
Substantial Compliance*
The facility has maintained substantial compliance on this provision based on my observation, interviews and review.

Recommendations Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation, interviews

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Provision 1.5 Intake Status Discussion
Recommendations

Upon admission to Henley-Young, all residents shall be permitted to telephone a parent or legal guardian free of charge and to take a shower before being placed on the pod.
Substantial Compliance*
The facility has remained at substantial compliance on this provision, based on my observation and review.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation, interviews

Provision 1.6 Intake
Status Discussion

Within 60 days of the date of this agreement, Henley-Young shall develop and implement policies that limit strip searches to instances where Henley-Young staff has an articulable suspicion that a resident may possess weapons or contraband. Anytime a strip search is conducted, Henley-Young staff must document, in writing, their suspicion, obtain permission from a supervisor, and conduct the search in a manner that minimizes the intrusion into the resident’s privacy.
Partial Compliance
The status of this provision remains at partial compliance. See my previous reports and my discussion on safety and security.

Recommendations

1. Staff must be provided with the necessary training with information stating the trainer, name of the training class/course, time, date and location of training.
2. This documentation should be kept and logged in facility records. 3. Continue to provide enough staff for adequate coverage 24/7.

Evidentiary Basis Document review, observation, interviews

Although, this provision will need modification, I understand that Hinds County has ceased its practice of strip searching residents during the admission process at Henley-Young unless there is an articulable suspicion that a resident possesses weapons, drugs, or contraband and is in the process of implementing a policy that complies with the consent decree.

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2 Staffing and Overcrowding

Provision 2.1 Staffing and Overcrowding

Within 90 days of the date of this agreement, Henley-Young shall operate with a direct care staff to resident ratio of 1:8 from the hours of 6:00 a.m. until 10:00 p.m. and a ratio of 1:10 from the hours of 10:00 p.m. to 6:00 a.m.

Status

Substantial Compliance

Discussion

The status of this provision has moved to substantial compliance at this time. See introduction and the comments as it relates to transferring young adults to the Henley-Young facility and facility staff.

The facility has hired adequate direct care staff and has hired case managers and in the process of hiring psychologists.

The County should be commended for providing adequate funding and ensuring that the population remains capped at 32. My concern is that although the facility is capped at 32, young adults who may be transferred to the facility from the County Jail will stay longer and the population may increase.

Recommendations

At this time, the staffing continues to lends itself to a more professional, safe and secure environment for staff and youth. Facilities that are properly staffed and trained are safer and conditions of confinements and accountability are improved.
Duty Post Staffing/Administration
61 Direct care/supervisor/laundry staffing X 1.5 Relief Factor—Total staff needed to effectively operate the facility—91.5 1 to 8 Awake—1 to 10 Sleep

Misc. post coverage Medical/MH Hospital Runs One on One MH/Medical Visitation *Administration *Maintenance

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Units

Day Shift Evening Shift Night Shift Total

A officer

3

3

2

8

B officer C officer D officer

3

3

2

8

3

3

2

8

3

3

2

8

Evidentiary Basis

Intake

1

1

Master Control

1

1

Staff for Court

Transportation

2

2

Internal

Transportation

2

2

Laundry

2

2

*Director

1

*Deputy Director

1

*Operation

1

Manager

Supervisors

3

3

26

23

Document review, observation, interviews

1

3

1

3

4

4 4

2

8

12

61

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Provision 2.2 Staffing and Overcrowding
Status Discussion

If the staff-to-resident’s ratio falls below the requirements of section 2.1 for longer than two (2) days, the Director or his assignee shall immediately identify residents accused of nonviolent offenses who are eligible for less restrictive alternatives to secure detention and request an emergency release for eligible residents from the appropriate Residents Court. The maximum capacity of Henley-Young shall be calculated by determining how many direct care staff members can supervise residents in accordance with section 2.1. The current maximum capacity of Henley-Young is 84.
Substantial Compliance*
The facility continues to be in substantial compliance.

Recommendations Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.
Evidentiary Basis Document review, observation, interviews

Provision 2.3 Staffing and Overcrowding Status
Discussion

No more than one resident shall be placed in a one-person cell.
Substantial Compliance* The facility continues to be in substantial compliance on this provision.

Recommendations

Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation

3 Cell Confinement

Provision 3.1 Cell Confinement

Residents shall be engaged in structured, rehabilitative, and educational programming outside of their cells during the hours of 7:00 a.m. to 9:00 p.m. each day, including weekends and holidays.

Status

Partial Compliance

Discussion

The facility continues to remain at partial compliance. The facility should continue to improve on its documentation and ensuring that staff is following policies and procedures as it relates to cell confinement. As stated in my introduction there are still occasions when youth are placed in

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confinement without proper documentation. The facility should continue to follow the recommendations below. The facility should continue to ensure that staff is properly trained and following the facility’s policies/procedures and that supervision from the administrative level do occasional walkthroughs to ensure compliance.

Recommendations

1. Continue to maintain policies and procedures for this provision. 2. Review the schedules to be sure that they adequately reflect all daily
activities. 3. Develop positive behavior management systems with rewards and
consequences. 4. Remove the dark film from the Plexiglas in towers on unit which
would allow staff to view the unit without there being visual obstruction (when lights on). Executed 5. Develop monthly recreation schedule. 6. See all of the recommendations for recreation activities and programming and for the school in the introduction. 7. Purchase frames for facility activities and schedule 8. Hire recreation staff 9. Fully develop award and incentive program 10. Facility administrators documented walkthroughs

Evidentiary Basis Document review, observation, interviews

Provision 3.2 Cell Confinement
Status Discussion

Except when residents are in protective custody or confined subject to section 3.3 of this Settlement Agreement, residents placed in the Suicide or Booking cells shall be allowed to spend the hours of 7:00 a.m. to 9:00 p.m. on the appropriate living unit and to have the opportunity to engage in structured, rehabilitative, and educational programming, unless medically counter-indicated.
Partial Compliance
The status of this provision has moved to partial compliance. During my review of documents, observations and discussion with youth I still found no indication of youth being placed in the booking area. They were on their appropriate units based on classification.

Recommendations

1. Continue to follow recommendations as set forth in section 3.1. 2. Continue to maintain adequate policies and procedures for this
provision. 3. Develop data collection for residents who are placed in protective
custody or confinement.

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Evidentiary Basis

4. Residents who are removed from school should continue to be placed in a designated living area based on classification.
Document review, observation, interviews

Provision 3.3 Cell Confinement
Status Discussion

Residents who pose an immediate, serious threat of bodily injury to others may be confined in their cells for no longer than 12 hours at a time without administrative approval. Residents who are placed on cell confinement for this reason shall be released from their cells daily to attend school, maintain appropriate personal hygiene and to engage in one hour of large muscle exercise. Staff must perform visual checks on residents who are subject to cell confinement every 15 minutes. Staff must document all instances of cell confinement in writing and must document the justification for determining that a resident poses an immediate, serious threat of bodily injury.
Beginning Compliance
The status of this provision remains at beginning compliance. Based on my review of documents, interviews with residents and staff and observation, residents are still being confined in their cells without appropriate documentation with some exceptions as stated in my introduction.

Recommendations

1. Continue to ensure staff are following policies and procedures for this provision.
2. For residents placed in their rooms, ensure the forms that have been developed are being used to indicate the time residents will be in their rooms and post it on their doors.
3. Continue to ensure that supervisors sign off on the form in 15minute staggered visual checks when residents are placed in their rooms.
4. Continue to develop a system of major and minor consequences for behavior.
5. Develop form for 15-minute checks and include in policy. (Executed)

Evidentiary Basis Document review, observation, interviews

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Provision 3.4 Cell Confinement
Status
Discussion

Residents shall not be automatically subjected to cell confinement and/or isolation upon their admission to Henley-Young unless he or she would be subject to cell confinement under section 3.3.
Substantial Compliance
This status of this provision has moved to substantial compliance. The facility should continue to follow the policies and procedures as it relates to this provision. I found no indication that residents are being automatically subjected to isolation upon their admission to the facility.

Recommendations

1. Continue to maintain adequate policies and procedures for this provision.
2. Continue to ensure all staff is trained and document training. 3. See provision 3.3 4. Continue to ensure practice is consistent with policy and procedure. 5. Continue to ensure there is adequate staffing and supervision for this
area

Evidentiary Basis Document review, observation

Provision 3.5 Cell Confinement
Status Discussion

At all times between the hours of 7:00 a.m. to 10:00 p.m., at least one direct care staff shall be stationed on any living unit where two or more residents are placed, and direct care staff shall be actively engaged with residents. From 10:00 p.m. to 7:00 a.m., staff shall conduct visual checks on residents every 15 minutes. Henley-Young shall ensure that every cell has an operating intercom that allows residents to communicate with staff at all times.
Substantial Compliance
This provision moved to substantial compliance. Based on my review and observation, I continue to find that staff is now in the living areas where the youths are. This is due in part to the adequacy of staff and the population cap remaining at 32 which provides for staff to monitor and supervise without there being an interruption in programming. I did find staff were actively engaged during my visit. However, I would recommend more administrative unannounced visits on the night shift.

Recommendations 32

1. Continue to maintain adequate policies and procedures for this provision.
2. Continue to maintain adequate staffing. 3. Continue to maintain Provide adequate staff supervision. 4. See my last report 5. Continue to maintain review the deployment of staffing 6. Do more administrative unannounced visits during the night shift

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Evidentiary Basis Document review, observation, interviews

Structured Programming

Provision 4 Structured Programming

Henley-Young shall administer a daily program, including weekends and holidays, to provide structured educational, rehabilitative, and/or recreational programs for residents during all hours those residents shall be permitted out of their cells, pursuant to section 3.1. Programming shall include:
a. activities which are varied and appropriate to the ages of the residents;
b. structured and supervised activities which are intended to alleviate idleness and develop concepts of cooperation and sportsmanship; and
c. Supervised small group leisure activities, such as a wide variety of card and table games, arts and crafts, or book club discussions.

Status

Partial Compliance

Discussion

The status of this provision remains at partial compliance.

Based on my review of documents, staff and youth discussion and observation, the facility continues to improve in developing an adequate structured programming and they have purchased a variety of recreational equipment as well as developed a recreational schedule. However, I am concerned about the educational program which is critical to the structure needed to fully comply with this provision. See introduction.

As stated in my previous report, the programming must continue to have the following;

A. Comprehensive policies and procedures B. Reasonable rules and expectations C. Order D. Organization and clarity F. Clear rewards and incentives G. Reasonable and consistently implemented sanctions H. Case management to ensure youth are there is a collaborative process that assesses, plans, implements, coordinates, monitors, and evaluates the options and progress youth are making during their stay.

It should be noted as stated in my previous report, that education is a major component of programming in a juvenile facility therefore programming, scheduling and school should be tied together.

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Recommendations

1. Continue to develop adequate policies and procedures for this provision.
2. Continue to provide adequate schedules for weekdays and weekend programming and act on it.
3. Continue to develop an adequate monthly recreation schedule with age appropriate games and programs.
4. The facility need to hire an officer dedicated to developing and monitoring recreational programs. (Executed)
5. Hire case management staff. 6. See recommendation on school in introduction.

Evidentiary Basis Document review, observation, interviews

5. Individualized Treatment Plans Treatment for Post-Disposition Residents

Provision 5.1 Individualized Treatment Plans Treatment Program for PostDisposition Residents

Henley-Young shall ensure that residents have access to adequate rehabilitative services. Henley-Young shall ensure that children placed in the facility post-disposition will receive constitutionally compliant rehabilitative services.

Status

Beginning Compliance

Discussion

The status of this provision has moved to beginning compliance. The facility has hired case managers and several qualified mental health professionals and they are developing policies and procedures. Once policies and procedures have been developed training and maintaining documentation should be initiated for all staff.

Recommendations

Dr. Boesky will provide an updated report and recommendations based on her visit
1. Continue to develop adequate policy and procedures to meet this provision.
2. Continue to review light weight residents in program (i.e. disturbing the family peace) and find alternative placement for them.
3. Hire 3 case managers who are assigned and work for the facility director. (executed)
4. Hire case management staff. (executed)

Evidentiary Basis Document review, observation, interviews

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Provision 5.2 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall ensure that residents in need of mental health and/or substance abuse treatment and/or who are in the facility post disposition shall have appropriate treatment plans developed and implemented in accordance with generally accepted professional standards of practice for mental health and rehabilitative services.
Beginning Compliance
The status of this provision has moved to beginning compliance. It should be noted that the facility hired case managers and QMHP’s and is in the process of hiring a psychologist. The facility has developed some mental health policies and procedures and training. However, the facility needs to develop policies and procedures as it relates to case management.

Dr. Boesky will provide an updated report and recommendations based on her visit

Recommendations

1. Continue to develop adequate mental health policies and procedures for this provision.
2. Develop case management policies and procedures 3. See recommendations under (5.1). 4. Hire case management staff. (executed) 5. Purchase case management system

Evidentiary Basis Document review, observation, interviews

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Provision 5.3 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status Discussion

Henley-Young shall implement policies and procedures for the required content of treatment plans, which shall include;
a. That the treatment plan be individualized; b. An identification of the mental and/or behavioral health and/or
rehabilitative issues to be addressed; c. A description of any mental health, medication or medical course
of action to be pursued, including the initiation of psychotropic medication; d. A description of planned activities to monitor the efficacy of any medication of the possibility of side effects; e. A description of any behavioral management plan or strategies to be undertaken; f. A description of any counseling or psychotherapy to be provided; g. A determination of whether the type or level of treatment needed can be provided in the resident’s current placement; and h. A plan for monitoring the course of treatment, and if necessary, for revising the treatment plan. i. A description of the precise terms the of the facility’s long-term and short-term objectives for the residents, the full range of services to be provided, and procedures, and timetables and staff assignments for the implementation of such treatment plan; j. A plan for regularly engaging the family in the resident’s treatment plan; k. A comprehensive re-entry plan that will assist the residents Re-enroll in their home school and access medical, mental health, Vocational and rehabilitative services based in the community.
Beginning Compliance
The status of this provision has moved to beginning compliance. The facility has hired (3) case managers and is in the process of developing adequate policies and procedures and training.

Recommendations

Dr. Ezike and Dr. Boesky will provide an updated report and recommendations based on their visits.
1. Develop comprehensive policies and procedures for this provision that includes the contents (A-K).
2. The County/Court shall define the criteria for the program a. It is important that post dispositional programs in other facilities be reviewed. b. Often seeing what is being done in other facilities provides insight into how to develop and operate these programs.
3. Provide dedicated staff to manage program. 4. Provide intensive training to these staff members.

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a. Train staff in various treatment modalities i.e. cognition, behavioral modification, modeling, psychotherapy, reality therapy, group therapy and group dynamics and other skills.
b. Create treatment teams c. Develop case planning and program development d. Assessment of the program to determine if it meets the needs
of the court placed residents. e. Assessment tool to regularly monitor the success or lack of
success of all residents in the program. 5. Provide auxiliary training to all other direct care staff. 6. Hire case management staff. (executed)
Document review, observation, interviews

Provision 5.4 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall institute a program of periodic staff reviews every three weeks and evaluations of each resident’s progress under his/her individualized treatment plan and of the appropriateness of the plan itself and Henley-Young’s plan for such review.
Beginning Compliance The status of this provision has moved to beginning compliance. The facility has hired case managers and but needs to develop adequate policies and procedures and training.

Dr. Ezike and Dr. Boesky will provide an updated report and recommendations based on their visits.

Recommendations

1. Develop comprehensive policies and procedures for this provision. 2. Provide training to all staff. 3. Identify roles and responsibilities of direct care, treatment and
educational staff through policies and procedures and adequate funding and staffing. 4. Hired case management staff. (executed)

Evidentiary Basis Document review, observation, interviews

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Provision 5.5 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement a program that provides for evening and weekend programs and activities that allow residents to engage in meaningful activities.
Beginning Compliance The status of this provision has moved to beginning compliance. The facility has hired case managers and is in the process of developing adequate policies, procedures and training. The facility has also hired an additional recreational staff to ensure activities are provided to male and female residents. They have also developed a schedule of activities that is posted on each pod.

See the technical assistance report provided to the court dated November, 2014.

Recommendations

1. Develop comprehensive policies and procedures to meet the needs for this provision.
2. Continue to provide adequate staffing for this program. 3. Continue to develop a monthly recreational program with activities. 4. Continue to keep records of activities provided and note those that
were not provided and why. 5. Purchase board games etc. (executed) 6. Hire recreational staff. (executed) 7. Hire case management staff. (executed)

Evidentiary Basis Document review, observation, interviews

Provision 5.6 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement an adequate quality assurance program.
Partial Compliance This provision remains at partial compliance. The QA department at Henley-Young continues to develop their data fields and programs. There is significant improvement from limited data being produced to what is

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being developed now. The QA staff should be commended and encouraged to continue their effort. Based on my discussion with the administration, the county's IT department will be working with the facility to create and develop different data sets that will produce reports. The data sets and system will provide the facility with a technology that can evaluate current operations and improve management decisions.
The following is from my previous reports and needed:  I have provided the facility with templates for assistance in the full development of the Q/A unit/ process.  See QA Data decision points below

Recommendations

1. Develop comprehensive policies and procedures to meet the needs for this provision for the facility, school program and SICU program.

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Evidentiary Basis

2. Health Care: continuously assess the quality and adequacy of the health services provided, accurately evaluate the performance of staff providing health services and address identified deficiencies.
3. Recreation and Social programs: continuously assess the quality and adequacy of social and recreational programming provided; accurately evaluate the performance of staff in providing these programs.
4. Environmental Health and Safety: continuously assess the quality and adequacy of environmental health and safety, accurately evaluate the performance of staff in providing a safe and healthy environment and properly address identified deficiencies.
5. Discipline and order: continuously monitor use of discipline and promptly address misuse or over use of discipline and other identified deficiencies.
6. The facility must continue to develop monthly performance measures to indicate achievement in the desired area.
7. Review State of Florida Quality Assurance Model and for assistance in developing contact CJCA Performance Based Standard for Juvenile Detention Programs, also use ACA standards to establish policy guidelines.
8. Develop data collection system 9. See introduction and chart
Document review, observation, interviews

6 Due Process/Isolation/Disciplinary Practices and Procedures

Provision 6.1 Disciplinary Practices and Procedures

Henley-Young shall implement a discipline policy and practice that incorporates positive behavior interventions and support. This policy shall include guidelines for imposing graduated sanctions for rule violations and positive incentives for good behavior.

Status

Partial Compliance

Discussion

This provision has moved to partial compliance.

However, the facility still needs to ensure that staff are following the policies and procedures when youth are placed in rooms. The facility still needs to develop a process for youth who have been identified and are receiving mental health services. Please see introduction.

Recommendations

Dr. Boesky will provide an updated report and recommendations based on her visit.
1. Continue to maintain adequate policies and procedures for this provision.

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Evidentiary Basis

2. Continue to ensure youth are familiar with the rules and regulations of the facility during the orientation process and ongoing thereafter.
3. Continue ensure residents are receiving and understand the resident handbooks during orientation and sign for it. a) They shall include resident’s rights, major and minor rule violations and the grievance policy. b) The handbook will explain to residents in their own language the rules and shall also be explained by staff that will have them sign and date a form indicating that both processes have occurred. c) These rules shall be posted on each unit.
4. Due process rules shall be posted on each unit. (executed) 5. Develop positive behavior intervention programs. 6. Assign and train an independent person(s) to handle due process
isolation hearings. The person(s) must be independent of the unit staff. (executed) 7. Ensure residents who are in isolation are provided recreation and education services. (executed)
Document review, observation, interviews

Provision 6.2 Disciplinary Practices and Procedures
Status Discussion
Recommendations

Residents who violate major rules may be subject to cell confinement for up to 24 hours for a single rule violation. An occasion in which a resident is alleged to have contemporaneously violated multiple major rule violations shall count as a single rule violation for the purposes of this section. No residents shall be confined to a cell for longer than 8 hours for a single rule violation without receiving written notification of the alleged rule violation and the occurrence of a disciplinary review/due process hearing before an impartial staff member, which includes participation by the accused residents. Under no circumstances shall residents be subjected to involuntary cell confinement for longer than 24 hours for disciplinary purposes. Residents who are placed on cell confinement shall be released daily from their cells to attend school, maintain appropriate personal hygiene, and to engage in one hour of large muscle exercise.
Partial Compliance
This provision has moved to partial compliance. Although the facility has moved to partial compliance, there still is a need for educational services to be provided for youth on isolation and behavior management.
1. Continue to maintain policies and procedures for this provision. 2. Develop sheets to place on door of any residents in confinement that
identifies the reason for confinement and is review and signed by supervisor. (Executed) 3. Ensure residents in confinement receive education and recreation services.

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Evidentiary Basis

4. See 6.1 recommendations. 5. Continue to provide training for all staff on these policies and
procedures.
Document review, observation, interviews

7. Use of Restraints

Provision 7.1 Use of Restraints Mechanical

Mechanical restraints shall not be used to punish residents or for the convenience of staff. Mechanical restraints shall only be used to prevent self-harm and/or harm to others, subject to section 7.4, and for transportation to and from court, subject to section 7.2.

Status

Substantial Compliance

Discussion

The status of this provision has moved to substantial compliance. Again, I reiterate it should be noted that well run facilities only use mechanical restraints for transportation or exigent circumstances which may arise at any facility under supervisory approval.

Recommendations

1. Officers shall continue to receive training on policies and procedures.
2. Officers shall continue be trained on when it is appropriate to use mechanical restraints.
3. All training shall continue to be documented. 4. The policy will require the documentation of any use of mechanical
restraint and use of force incidents. (executed) 5. Restraint log should continue to be implemented. 6. Continue to follow policy

Evidentiary Basis Document review, observation, interviews

Provision 7.2 Use of Restraints Mechanical
Status Discussion

Nothing in this section shall prohibit mechanical restraints from being placed on residents who are being transported to and from court or out of the facility, if staff have reason to believe that a resident presents a flight risk or is an imminent danger to the residents or others, or will engage in violent behavior. However, mechanical restraints should be removed immediately after the resident is placed in a cell and at no time shall a resident be placed in a cell wearing mechanical restraints.
Substantial Compliance
The facility remains at substantial compliance on this provision. Based on my review of documents, interviews with youths and observations at this time I found no indication of overuse of mechanical restraints with the exception of transferring residents out of the facility. This should continue.

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Recommendations

1. Continue to develop and provide remedial training for this provision.
2. All training shall continue to be documented. 3. The policy will require the documentation of any use of
mechanical restraint and use of force incidents. (executed) 4. Operationalize the edicts of this provision. (executed) 5. Additional supervision needed to ensure mechanical restraints are
not misused. 6. Continue to follow the process to remain at substantial
compliance.

Evidentiary Basis Document review, observation, video recordings and discussion with residents

Provision 7.3 Use of Restraints Status Discussion
Recommendations

Restraints shall not be used to secure residents to a fixed object such as a restraint chair, bed, post, or chair.
Substantial Compliance
The facility remains at substantial compliance on this provision. Based on my review of documents, interviews with youths and observations at this time I still found no indication of overuse of mechanical restraints with the exception of transferring residents out of the facility. However, to remain at substantial compliance the facility needs to continue to follow the recommendations (2, 3 and 4) below.
1. Complete the comprehensive policies and procedures for this provision.
2. Continue to provide training for staff within the facility as described above on this provision and provide documentation of training.
3. Develop and use a mechanical restraint log. (executed) 4. Continue to provide training on de-escalation techniques to try to use
mechanical restraints only as a regular part of facility transport. 5. Additional supervision needed to ensure mechanical restraints are not
misused.

Evidentiary Basis Interviews, observation and document review

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Provision 7.4 Use of Restraints
Status Discussion Recommendations

No residents shall be restrained for longer than 15 minutes, unless restraints are approved by a mental health professional or if determined to be necessary under section 7.2 or as reasonably necessary to prevent the residents from engaging in acts of self-harm or harm to others. If a resident must be restrained for longer than 15 minutes in order to prevent self-harm, that residents shall, as quickly as possible, be evaluated by a mental health professional or transported to a mental health facility.
Beginning Compliance
This provision remains at beginning compliance. Dr. Boesky will provide an updated report and recommendations based on her visit.
1. Continue to develop comprehensive policy and procedures for this provision with mental health professionals.
2. Provide training for staff on policy and procedures and document training.
3. Provide training on de-escalation techniques. 4. Develop Mental Health protocols for this provision. 5. Hire mental health professional or agency.

Evidentiary Basis Document review

Provision 7.5 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not use, or allow on the premises, restraint chairs, chemical restraints and/or Tasers.
Substantial Compliance*
I would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation, video

Provision 7.6 Use of Restraints
Status
Discussion

Henley-Young shall not subject residents to “hogtying,” which is the practice of placing a resident’s face down on a bed, floor, or other surface, and securing the resident’s hands to his feet.
Substantial Compliance*
I would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my

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observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision.
Recommendations Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.
Evidentiary Basis Observation, document review and interviews

Provision 7.7 Use of Restraints Status Discussion
Recommendations

When a resident is placed in mechanical restraints, staff must provide oneon-one supervision for the duration of the restraint, except when mechanical restraints are deemed to be necessary for the reasons specified in section 7.2.
Substantial Compliance
The status of this provision is maintained at substantial compliance.
The facility should continue with following the recommendations listed below.
1. Continue to provide on-going training for staff on policies and procedures.
2. Continue to document all training provided to all staff. 3. Continue to ensure that residents who are placed in mechanical
restraints are seen by a medical professional. 4. Restraint log should be implemented. 5. Continue to ensure additional supervision is provided to ensure
mechanical restraints are not misused.

Evidentiary Basis Document review

Provision 7.8 Use of Restraints Status Discussion
Recommendations

Henley-Young shall notify a medical professional whenever a resident is placed in mechanical restraints for reasons other than those specified in section 7.2. A medical professional shall examine the residents as soon as possible after restraints are removed, except when the residents was restrained for the reasons specified in section 7.2.
Substantial Compliance
The status of this provision has moved to substantial compliance.
Based on my review of documents, interviews and discussion, I found that mechanical restraints are rarely used within the facility.
1. Develop comprehensive policies and procedures for this provision. (Executed)
2. Continue to provide training on policies and procedures.

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3. Continue to document all training provided to all staff. 4. Continue to ensure that residents who are placed in mechanical
restraints are seen by a medical professional. 5. Continue to ensure that information being reported is accurate and
consistent. 6. Develop a single matching reporting system for the entire facility.
Document review

Provision 7.9 Use of Restraints Status Discussion
Recommendations

Hinds County does not currently and shall not in the future allow officers to enter the secure detention area of the facility with any electronic restraints, including, but not limited to Tasers.
Substantial Compliance*
The facility has remained at substantial compliance on this provision based on my most recent visit and my observations and review of documents.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review

Provision 7.10 Use of Restraints Status Discussion
Recommendations

Henley-Young is required to ensure that no officer enters the secure detention area of the facility with a firearm.
Substantial Compliance*
I still would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision. The facility should still ensure that the recommendations below should continue to be followed. Also see provision 7.9 as it relates to Tasers. I would also reiterate under no circumstances should any staff, anyone connected to the facility, and law enforcement etc. have firearms on the premises especially in secure areas. All weapons still must be secured in appropriate locked areas of the building.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, Observation

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8. Use of Force

Provision 8.1 Use of Force

Physical force shall not be used to punish residents. Staff shall only use physical force to stop residents from causing serious physical injury to self or others or to prevent an escape. If physical force is necessary, staff must use the minimum amount required to safely contain the residents. Whenever possible, staff shall avoid the use of force by first attempting verbal deescalation techniques. Staff shall be required to fully document in writing every instance of use of force.

Status

Partial Compliance

Discussion

The status of this provision moved to partial compliance.

The facility has begun to computerize some data (i.e. restraints, suicide attempts, self-injury, physical and mechanical restraint types, incident, confinement hours, use of force, and incidents by shifts) which is good information however the monitor will continue to work with the facility to better extrapolate. The County should assist the facility in developing their information technology program.

Again, good data will assist the facility in determining answers to some of the following examples:
A. The location of use of force B. The number of use of force incidents C. The number of use of force requiring mechanical restraints D. The type of restraint used E. Grievances F. The number of incidents requiring chemical agents G. The number of incidents involving non-lethal security devices
(i.e. batons, Tasers, etc.) H. The number of use of force incidents resulting in injury to
residents or staff I. Plan of action to address each incident (i.e. disciplinary action,
staff training or remedial training, resident’s isolation, resident’s behavior management, resident’s mental health screening or evaluation etc.)

Recommendations

1. Continue to maintain policy and procedures for this provision. 2. Continue to provide training for on policies and procedures 3. Continue to document all training provided to all staff. 4. Adapt an appropriate curriculum for training staff on the use of
verbal de-escalation skill and safe use of physical restraints or mechanical restraints. 5. Revise form to distinguish between physical and mechanical restraints. 6. Develop an information technology program

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Evidentiary Basis

7. Continue to stay in contact the National Partnership for Juvenile Justice for recommendations on training program in this area.
8. Continue to document and file report when there is use of force. 9. Continue to ensure any time use of force is used residents are seen
by a medical professional 10. Continue to follow the facility’s chain of command which will
reduce staff confusion.
Document review, interviews

Provision 8.2 Use of Force
Status Discussion

Henley-Young shall notify a medical professional, including but not limited to the licensed practical nurse on duty whenever physical force is used against a resident. A medical professional shall examine a resident immediately after the use of physical force.
Partial Compliance
The facility continues to maintain partial compliance. Dr. Ezike will provide an updated report and recommendations based on her visit. Please continue to follow the recommendations below.

Recommendations

1. Complete procurement of services as quickly as possible. 2. Continue to develop comprehensive policies and procedures for
this provision. 3. Continue to provide on-going training to staff on policies and
procedures. 4. Continue to document all training provided to all staff. 5. Continue to review nursing schedule and provide more hours at
facility. 6. Continue to provide written documentation of examination of
residents by medical professional in every instance. 7. Provide additional medical services after hours and on
weekends. (executed) 8. Continue to document and file in resident’s records when there
is use of force.

Evidentiary Basis Document review, interviews, observation

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9. Meals and Nutrition

Provision 9.1 Meals and Nutrition

Residents shall be provided three meals and a snack daily. If a resident misses a meal because he or she is attending court, or some other appointment, he or she shall receive the missed meal upon his or her return to detention.

Status Discussion

Substantial Compliance
The status of this provision has moved to substantial compliance. Please see the introduction.

Recommendations

1. Continue to review portions to ensure residents receive enough food during meals.
2. Develop policy and procedures for this provision. (executed) 3. Continue to provide training for kitchen staff and all other staff
members involved with handling food and preparing meals. 4. Continue to document compliance with this provision. 5. Food should be served in a timely manner and consistent with
facility schedule once developed. 6. Review the National Food Service Management Institute from the
University of Mississippi that details “Food Safety Facts”. 7. Food service area is in need for maintenance, repair and cleanliness.

Evidentiary Basis Document review, observation, interviews

Provision 9.2 Meals and Nutrition Status
Discussion

All meals and snacks served to residents at Henley-Young shall, at a minimum, comply with the nutrition guidelines set forth in the United States Department of Agriculture’s School Meals Program standards.
Substantial Compliance
The status of this provision moved to substantial compliance. Please see introduction.

Recommendations

1. Develop policy and procedures for this provision(executed) 2. Continue to provide training for kitchen staff and all other staff
members involved with handling food and preparing meals.

Evidentiary Basis Document review, observation, interviews

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Provision 9.3 Meals and Nutrition Status
Discussion

Residents shall be provided access to drinking water throughout the day.
Substantial Compliance The facility remains at substantial compliance on this provision. Based on my review and observations, I found that youth had access to water. However, I am still recommending that the water fountains on the units and in the youth’s cells be operable.

Recommendations

1. Contact County or State Environmental office to conduct test on water system. (executed)
2. Continue to ensure residents receive water during school and recreational periods and at night.
3. Continue to develop a policy for incidents regarding water quality and procedures to address them.
4. Repair inoperable drinking fountains.

Evidentiary Basis Document review, observation, interviews

10. Clothing
Provision 10 Clothing

Henley-Young shall provide basic clothing items for residents at all times. These items must include, at a minimum, socks, underwear, uniform, shoes, and undershirts. For girls, these items must also include a brassiere. When appropriate, Henley-Young shall also provide residents with a coat, hat, and gloves. Residents must be provided with a clean uniform, socks, undershirt, underwear, and brassiere, if applicable, upon intake and at least once per day. No residents shall be deprived of these basic clothing items for any reason, including, but not limited to, as a punishment, because these items are being washed, or due to overcrowding.

Status

Substantial Compliance

Discussion

The facility has remained at substantial compliance on this provision. It should be noted the laundry personnel continues to do an outstanding job ensuring that clothing which is tattered, dingy, not usable is discarded. The facility should maintain the property inventory system for discarding the above-mentioned articles.

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Recommendation Evidentiary Basis

1. Continue to check washer and dryer to ensure they are working properly.
2. Continue to ensure that girls and boys are equally involved in cleaning and folding clothes.
3. Hire 2 laundry staff to ensure clothing is handled properly. (executed)
4. Continue to ensure that all staff and residents wear protective material (smocks and gloves) when handling chemicals and clothing.
5. Continue to discard clothing that is torn, dingy and in poor condition. 6. Develop a system for replacing clothing on a regular and consistent
basis. (executed) 7. Develop schedule for distribution. (executed) 8. Develop a system for prewashing clothing (i.e. undergarments etc.)
(executed)
Document review, observation, interviews, photographs

11. Hygiene and Sanitation

Provision 11.1 Hygiene and Sanitation

Residents shall be provided with the means to maintain appropriate hygiene, including soap and shampoo for showers, which will occur at least once daily, soap for washing hands after each time the residents uses the toilet, and toothpaste and a toothbrush for tooth brushing, which will occur at least twice daily, a comb and brush, that if shared, shall be sterilized between uses by residents. Girls must be provided with panty liners on a daily basis and other feminine products as needed. Residents will be issued a comb and brush upon entering the facility; however, if residents are issued a recycled comb or brush or a comb or brush that has been used by another resident, Henley-Young shall ensure that the comb and brush is sterilized and in good condition.

Status

Substantial Compliance

Discussion

The facility has remained at substantial compliance on this provision. I would still also recommend that a licensed barber and/or beautician be retained.

Recommendations

1. Ensure that hygiene kits are properly labeled and residents are not sharing each other’s hygiene products or items. (executed)
2. Ensure items such as hair brushes, if shared, are sterilized and in good condition. (executed)
3. Continue to provide training for staff on these policies and procedures.
4. Ensure that clean face towels are available for residents. (executed) 5. Develop a schedule for distribution of hygiene kits. (executed) 6. Retain a licensed barber and/or beautician.

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Evidentiary Basis Document review, observation, interviews

Provision 11.2 Hygiene and Sanitation
Status
Discussion

Residents shall be provided with sleeping mats and blankets that are clean and odorless sleeping mats shall be sanitized between uses by residents, and residents shall receive clean blankets weekly.
Substantial Compliance
The status of this provision remains at substantial compliance. Based on my review of documents and observation, the facility needs to continue to ensure that mattresses and blankets are discarded properly

Recommendations

Policies and procedures have been developed. The facility has provided training to ensure that the process outlined in the policies and procedures is followed. The facility needs to continue to monitor the condition of the blankets and mattresses for signs of holes and tattering the facility needs to continue to follow the recommendations below.
1. Continue to discard all blankets and mattresses that are tattered and have holes in them.
2. Clean and maintain laundry area in orderly fashion. 3. Develop forms or system of documentation for distribution and
inventory (executed) 4. Label and designate an area for towels, sheets, clothing etc.
(executed)

Evidentiary Basis Document review, observation

Provision 11.3 Hygiene and Sanitation Status
Discussion
Recommendations

Under no circumstances shall residents be deprived of mats and blankets.
Substantial Compliance* The facility remains at substantial compliance.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidence

Observation, and document review

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Provision 11.4 Hygiene and Sanitation Status
Discussion
Recommendations

Henley-Young shall maintain a sufficient number of clean, sanitary mats and blankets that correspond with the facility’s maximum capacity.
Substantial Compliance* The facility remains at substantial compliance.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Observation and document review

Provision 11.5 Hygiene and Sanitation
Status
Discussion

Residents shall be provided with a clean, sanitary environment.
Partial Compliance
The status of this provision remains at partial compliance. The facility at this time is much cleaner however there are areas that are in need of additional clean-up. See introduction.

Recommendations

1. Develop policies and procedures for this provision. (executed) 2. See areas in discussion that should be addressed. 3. Continue to develop housekeeping and cleaning schedule. 4. Continue to develop checklist or inspection report for each unit and
area of building. 5. Continue to develop work order system to ensure that when
problems emerge they are addressed. 6. Continue to develop corrective action plans as needed. 7. Continue to provide training for staff on policy and procedures. 8. Continue to ensure delivered food items are dated and rotated from
old to new. 9. See introduction as it relates to transferring young adults from the
Hinds County Jail.

Evidentiary Basis Document review, observation, interviews

Provision 11.6 Hygiene and Sanitation Status Discussion
53

Hinds County shall ensure that Henley-Young complies with relevant law regarding fire safety, weather emergencies, sanitation practices, food safety, and the elimination and management of environmental toxins.
Partial Compliance The status of this provision remains at partial compliance.

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During my review of documents and observation, the facility is still doing safety and fire inspections however to move to substantial compliance the facility needs to ensure that the recommendations 4, 5, 7, 8, 10 and 11 below are followed. During this report and a review of documents it shows that the facility sprinkler tampered switch and the H119 mechanical room main switched failed and there was no corrective action plans in place to correct these violations. There are also no signatures on the report. These are areas that must be corrected.

Recommendations

1. Develop policies and procedures and plans for fire safety, evacuation etc. (executed)
2. Develop adequate staff training regarding fire safety. 3. Properly maintain and repair fire equipment. 4. Ensure intercom systems are operating properly. 5. Ensure all mattresses used by residents are fire resistant. 6. Routinely test all fire equipment and system. 7. Ensure that all electrical outlets, wires and equipment (lights) are
properly working. 8. Develop work order system to ensure items are repaired. 9. Ensure that all areas in this provision are addressed by a certified
professional. 10. Review entire fire safety program/system 11. Facility needs to develop corrective action plan. 12. Clean and Sanitize kitchen 13. Develop cleaning procedures 14. Repair the areas that failed inspections 15. Have fire inspectors sign report

Evidentiary Basis Document review, observation

Provision 11.7 Hygiene and Sanitation Status Discussion
Recommendations

Residents shall be provided with clean drinking glasses and eating utensils.
Substantial Compliance The status of this provision remains at substantial compliance. Based on my observation and review of documents this provision continues to be implemented at this time.
1. Develop policies and procedures for this provision. (executed) 2. Continue to provide a thorough cleaning of the kitchen and all equipment and utensils

Evidentiary Basis Document review, observation and interviews

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12. Medical Care

Provision 12.1 Medical Care

The parties agree, however, that henceforth, Henley-Young shall provide residents with adequate medical care, including: prompt screenings; a full physical exam within 72 hours after their detention hearing or disposition order, as applicable; access to medical professionals and/or prescription medications when needed; and prompt transportation to a local hospital in the case of a medical emergency. Hinds County is responsible for procuring and/or paying for all medications provided to residents.

Status

Beginning Compliance

Discussion

The status of this provision remains at beginning compliance. Dr. Ezike will provide an updated report and recommendations based on her November, 2017 visit.

Recommendations

1. Develop policies, procedures and protocols for this provision. 2. Develop policies and procedures and protocols based on standards
for Health Services in Juvenile Detention and Confinement facilities. 3. Provide training for staff members who administer medication to residents on proper usage and possible side effects. Also, train the staff on emergency protocols if side effects occur. 4. Have a licensed medical professional review and sign off on policy, procedures and protocols. 5. Have a licensed health professional periodically review and provide supervision to the nurse at facility. 6. Develop forms to coincide with provision. 7. Remove medication from bags and place them in secure, organized areas and develop forms to determine what medications are present in the facility at all times. 8. Hire or have on contract a physician to review medical area. 9. Ensure that residents receive vision exams, dental screenings, mental health screenings, hearing tests, etc. 10. Order folders with 2 dividers, end tab, classification folders in letter size with 2 prongs for medical charts.

Evidentiary Basis Document review, observation, interviews

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Provision 12.2 Medical Care Status Discussion
Recommendations

Henley-Young shall ensure that a medical professional is available to examine residents confined at the facility to identify and treat medical needs, when necessary.
Beginning Compliance
The status of this provision remains at beginning compliance. Dr. Ezike will provide an updated report and recommendations based on her November, 2017 visit.
1. Hire qualified medical professional for nights and weekend care. 2. Develop policies, procedures and protocols for this provision. 3. Provide training for staff on this provision.

Evidentiary Basis Document review, observation, interviews

Provision 12.3 Medical Care
Status Discussion

Henley-Young shall implement its sick call policy and practice which ensures that confined residents who request non-emergency medical attention are examined by a medical professional within 24 hours of a residents placing him or herself on sick call, excepting weekends and holidays.
Beginning Compliance
The status of this provision remains at beginning compliance. Dr. Ezike will provide an updated report and recommendations based on her November, 2017 visit.

Recommendations

1. Develop policies, procedures and protocols for this provision. 2. Place a resident’s grievance and medical request box (kite box) on
each unit. 3. Provide training for staff on this provision. 4. Nurse or designated person, making daily rounds to retrieve kites
(Request for Medical Service Forms). 5. Dr. Ezike will provide an updated report and recommendations
based on her visit

Evidentiary Basis Document review, observation, interviews

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Provision 12.4 Medical Care Status
Discussion

Prescription medications shall only be distributed by licensed medical staff or Henley-Young staff who has been trained by licensed medical personnel.
Beginning Compliance
The status of this provision remains at beginning compliance. Dr. Ezike will provide an updated report and recommendations based on her November, 2017 visit.

Recommendations

1. Develop policies, procedures and protocols to address this provision. 2. These policies, procedures and protocols must include the
appointment of a medication administration protocol. 3. There must be a medication record of all medicines administered.
a. One record to reflect all medicines leaving the pharmacy; b. An additional record kept in each resident’s case file. 4. Ensure that the training is comprehensive make certain that all medical contingencies are considered. 5. The staff should be trained on what side effects to look for drugs commonly prescribed to residents with mental health needs. 6. Provide training to staff on the policy, procedures and protocols for this provision. 7. All training should be documented and conducted annually.

Evidentiary Basis Document review, observation, interviews

Provision 12.5 Medical Care Status
Discussion

Medical and mental health services shall be provided in a manner that ensures the confidentiality of resident’s health information.
Beginning Compliance
The status of this provision remains at beginning compliance. Dr. Ezike will provide an updated report and recommendations based on her November, 2017 visit.

Recommendations

1. Develop policies, procedures and protocols to address this provision. 2. Get HIPAA requirements and institute them the facility. 3. Designate the persons who have access to the resident’s medical
records within the facility and outside of the facility, but within the juvenile justice system. 4. Provide training to staff on policies, procedures and protocols. 5. Provide training to staff on HIPAA requirements, and document training. 6. Designate a HIPPA Privacy Officer.

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Evidentiary Basis Document review, observation, interviews

Provision 12.6 Medical Care
Status
Discussion

Henley-Young shall develop procedures for monitoring residents who require individualized attention because of medical issues that do not involve requiring the residents to sleep on a mat in the visitation room.
Beginning Compliance
This provision remains at beginning compliance. Dr. Ezike will provide an updated report and recommendations based on her November, 2017 visit.

Recommendations

1. Develop policies, procedures and protocols to address this provision. 2. Develop processes of continuous monitoring residents with stable
medical issues, i.e. the care for diabetic residents who are on an insulin regiment.
a. What are the medical requirements of the residents who need monitoring?
b. Who is responsible for the monitoring? c. How are the records kept of the monitoring? 3. Provide training to staff on the policies, procedures and protocols for this provision. 4. Annual competency training.

Evidentiary Basis Document review, observation and interviews

13. Mental Health Care

Provision 13.1 Mental Health Care

Henley-Young’s contractor, Hinds Behavioral Health Services, shall provide adequate mental health services to all confined residents with a mental health diagnosis or serious mental health need, as indicated by the MAYSI-2. This shall include, but is not limited to, the provision of individual and group counseling sessions upon the request of a residents or the resident’s parent/guardian, access to a mental health professional at the detention center, and the distribution and medical monitoring of psychotropic medications by a medical professional.

Status

Non-Compliance

Discussion

Although the status of this provision remains at non-compliance, the facility is developing policies and procedures and they will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky will review the mental health program in October 2017.

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Recommendations

1. Ensure that the facility has a Standardized Assessment Tool i.e. the MAYSI-2 to use during the intake process.
2. Develop policies and procedures to address this provision. 3. Provide training to staff on policies and procedures and provide
documentation of training. 4. Develop documentation that will track resident’s progress during
their stay at facility. 5. Ensure there is communication between Hines Behavioral Health
Services, Juvenile Court Case Managers and Facility Staff on residents receiving mental health services. 6. Hire case management staff.

Evidentiary Basis Document review, observation, interviews

Provision 13.2 Mental Health Care Status Discussion
Recommendations

Residents who are confined for longer than thirty (30) continuous days and who are prescribed psychotropic medications, shall be evaluated by a psychiatrist every thirty (30) days. Such evaluations may be performed by and through employees of Hinds Behavioral Health.
Non-Compliance
Although the status of this provision remains at non-compliance, the facility is developing policies and procedures and they will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky will review the mental health program in October 2017.
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures. 3. Hire case management staff.

Evidentiary Basis Document review, observation, interviews

Provision 13.3 Mental Health Care
Status

Within 72 hours of a resident’s admission to the facility, staff shall develop individual mental health treatment plans for residents who are under the care of a mental health provider. Treatment plans shall emphasize continuity of care and shall ensure that whenever possible, residents are transported to appointments with their regular mental health provider, whether the appointments are standing or made after the resident’s initial detention.
Non-Compliance

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Discussion

Although the status of this provision remains at non-compliance, the facility is developing policies and procedures and they will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky will review the mental health program in October 2017.

Recommendations

1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures. 3. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.). 4. Hire case management staff.

Evidentiary Basis Document review, observation, interviews

Provision 13.4 Mental Health Care
Status
Discussion

Henley-Young shall develop and implement policies and procedures for referring residents in need of psychiatric services to a licensed psychiatrist for a timely mental health evaluation. Such services may be provided by and through employees of Hinds Behavioral Health.
Non-Compliance
Although the status of this provision remains at non-compliance, the facility is developing policies and procedures and they will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky will review the mental health program in October 2017.

Recommendations

1. Develop policies and procedures to address this provision. 2. Provide and document training to staff on policies and procedures. 3. Hire case management staff. 4. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation, interviews

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Provision 13.5 Mental Health Care
Status Discussion

Hinds County shall employ or contract for sufficient psychiatric services to permit a psychiatrist to fulfill the following functions:
a. conduct needed psychiatric evaluations prior to placing residents on psychotropic medications;
b. Monitor, as appropriate, the efficacy and side effects of psychotropic medications;
c. Participate in treatment team meetings for residents under the psychiatrist’s care;
d. Provide individual counseling and psychotherapy when needed; e. Evaluate and treat in a timely manner all residents referred as
possibly being in need of psychiatric services; and f. Provide adequate documentation of treatment. g. All evaluations and services outlined above may be performed
and/or provided by and through employees of Hinds Behavioral Health or any other duly qualified Mental Health agency.
Non-Compliance
Although the status of this provision remains at non-compliance, the facility is developing policies and procedures and they will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky will review the mental health program in October 2017.

Recommendations

1. Develop policies and procedures to address this provision. 2. Provide training to staff on policy and procedures and document
training. 3. Hire case management staff. 4. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation

Provision 13.6 Mental Health Care
Status
Discussion

The psychiatrist and/or counselors shall review, if necessary, incident reports, disciplinary reports, suicide watch logs, and lockdown logs of residents under their care to determine whether their treatment is working and, if not, how it should be modified.
Non-Compliance
Although the status of this provision remains at non-compliance, the facility is developing policies and procedures and they will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky will review the mental health program in October 2017.

Recommendations 61

1. The mental health of the residents in the custody of the facility needs to be closely monitored at all times.

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Evidentiary Basis

2. The facility needs to develop policies and procedures to address this provision.
3. Provide and document training to staff on policies and procedures and document training.
4. Facility needs documentation from a mental health organization on plan of action for residents receiving a mental health services.
5. Hire case management staff. 6. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).
Document review, observation

14. Suicide Prevention

Provision 14.1 Suicide Prevention

Henley-Young shall develop a multi-tiered suicide prevention policy that has at least three stages of suicide watch. Suicide watch shall not be used as punishment. The “suicide cell” shall be reserved for residents for whom the “suicide cell” is deemed necessary in conjunction with this suicide prevention policy.

Status

Beginning Compliance

Discussion

The status of this provision remains as beginning compliance. The facility still needs to hire a psychologist and develop adequate policies and procedure and ensure staff is trained properly. They will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky will review the mental health program in October 2017.

Recommendations

1. Develop policies and procedures to address this provision. (executed)
2. Provide and document training for staff on policy and procedure. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program. 4. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation

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Provision 14.2 Suicide Prevention
Status Discussion

Any residents placed on the highest level of suicide watch shall be evaluated by a mental health professional, ideally within 12 hours, but in no case longer than 24 hours of his or her placement on suicide watch. If a resident on the highest level of suicide watch is not evaluated by a mental health professional within 24 hours, the residents shall immediately be transported to a local mental health facility or emergency room for evaluation and/or treatment.
Beginning Compliance
The status of this provision remains as beginning compliance. The facility still needs to hire a psychologist and develop adequate policies and procedure and ensure staff is trained properly. They will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky will review the mental health program in October 2017.

Recommendations

1. Develop policies and procedures to address this provision. (Executed)
2. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.
3. Provide training for staff on policies and procedures and document training.
4. Identify a mental health agency to help develop policies, procedures and protocols.
5. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program.
6. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation

Provision 14.3 Suicide Prevention
Status Discussion

Residents on suicide watch shall participate in recreation, school, and any other structured programming. Residents shall not be required to wear a “suicide gown” unless locked in a cell. Staff shall closely monitor residents on suicide watch, which includes logging activities every 15 minutes.
Beginning Compliance
The provision remains at beginning compliance. The facility still needs to hire a psychologist and develop adequate policies and procedure and ensure staff is trained properly. They will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky will review the mental health program in October 2017.

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Recommendations

1. Develop policies and procedures to address this provision with the assistance of a mental professional. (executed)
2. Provide and document training for staff on policies and procedures. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program. 4. The facility needs mental health professionals to help and enhance
the development of these policies and procedures as they are the authorities in this area. 5. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation

Provision 14.4 Suicide Prevention
Status
Discussion

When a resident is placed on any level of suicide watch, a report shall be made within 24 hours to the resident’s court, as well as to the resident’s guardian, and his or her defense attorney.
Beginning Compliance
The provision remains at beginning compliance. The facility still needs to hire a psychologist and develop adequate policies and procedure and ensure staff is trained properly. They will be reviewed by Dr. Boesky to ensure compliance with this provision. Dr. Boesky will review the mental health program in October 2017.

Recommendations

1. Develop policies and procedures for making and distributing the reports in this provision. (executed)
2. Provide training for staff on policies and procedures and document training.
3. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program
4. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.
5. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation

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Provision 15.1 Family Support and Interaction
Status
Discussion

Visitation shall not be restricted or withheld from residents unless the detention center director determines that a visit will violate the security of Henley-Young or will endanger the safety of residents, visitors, or staff. Visitation should not be restricted as a form of punishment.
Substantial Compliance*
The status of this provision remains at substantial compliance.

Recommendations

Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation and interviews

Provision 15.2 Family Support and Interaction Status
Discussion
Recommendations

Within 90 days of the effective date of this Settlement Agreement, HenleyYoung shall provide accommodations that allow residents to have contact visits with their families.
Substantial Compliance*
The facility remains at substantial compliance.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation and interviews

Provision 15.3 Family Support and Interaction
Status Discussion

Visitation shall be regularly scheduled at least three times per week, which shall include evening and/or weekend visitation times in order to encourage family visitation. Henley-Young shall permit the minor siblings of confined residents to participate in visitation, as long as the minors’ parent or guardian is present during the visit and the siblings are not harmful to the residents who are detained at Henley-Young. Henley-Young shall also permit a confined resident’s own child (Ren) to participate in visitation
Substantial Compliance*
The facility remains at substantial compliance on this provision.

Recommendations Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.
Evidentiary Basis Document review, observation and interviews

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Provision 15.4 Family Support and Interaction
Status
Discussion

Residents may receive phone calls from their attorneys. At the discretion of the Director or assignee, in emergency situations, residents may receive phone calls from parents, primary caretakers, or legal guardians. Emergency phone calls and phone calls from attorneys should not be restricted as a form of punishment.
Partial Compliance
The facility remains at partial compliance on this provision based on my most recent visit and document review. There is still no indication that residents are in contact with their attorney’s. A review of documents and interviews revealed that several residents have not seen or spoken to their attorney.

Recommendations

Since, I still found no evidence that the residents house at the Henley Young Center have visits from their lawyers which is well established by law, best practices and professional standards within juvenile detention facilities, therefore the following still apply:
1) Privileged mail from court, attorney, 2) Visits from lawyers, paralegals or any legal support staff, 3) Provide a private place for confidential discussions, and 4) Have policies, procedures and protocols incorporated in resident’s right to counsel.
1. Develop policies and procedures and practices to address this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability. 4. Ensure that residents are allowed to mail letters. (County will pay
for postage) (executed) 5. Hire case managers (executed) 6. Develop form for attorney to signed indicating their visits, for
placement into youth files 7. Develop a mechanism for tracking attorney phone calls 8. Case Managers develop policies and procedures that will help youth
interact with attorneys and provide documentation of those interactions.

Evidentiary Basis Document review, observation and interviews

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16. Miscellaneous Provisions

Provision 16.1 Miscellaneous Provisions

Male and female residents shall be provided with equal access to educational and rehabilitative services, medical care, and indoor and outdoor recreation.

Status

Substantial Compliance

Discussion

The status of this provision has moved to substantial compliance. The facility has developed structured programming for males and females. The facility has hired recreational staff to ensure programming is being implemented. They have also purchased equipment and are attracting outside volunteers to assist in programming.

Recommendations

1. Develop policies and procedures and practices for this provision. (Executed)
2. Cease in the designation of female residents as being solely responsible for laundry; this is a duty male resident can perform as well as females. (executed)
3. Continue to develop monthly recreational schedules. 4. Continue to develop comprehensive facility schedules. 5. Continue to provide training for staff on policies and procedures and
document training. 6. Ensure that there is proper staffing availability to maintain
reliability. 7. Repair court and goal area. (executed) 8. Continue to post facility wide schedule on units.

Evidentiary Basis Document review, observation, interviews

Provision 16.2 Miscellaneous Provisions Status
Discussion

The parties agree, however, that henceforth: All residents shall have the opportunity to engage in at least one hour of large muscle exercise a day.
Partial Compliance
The status of this provision has moved to partial compliance. The facility has developed a recreation program and policies that details large muscle exercise. See provision 16.1. Please continue to follow recommendations below.

Recommendations

1. Continue to develop policies and procedures and implement practices to address the needs of this provision.
2. Continue to develop and implement programming and recreational schedules.

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September 25, 2017

Evidentiary Basis

3. Continue to provide and document training for staff on policies and procedures.
4. Continue to ensure that there is proper staffing availability so that residents are not unnecessarily “locked” in their cells.
Document review, observation, interviews

Provision 16.3 Miscellaneous Provisions Status
Discussion

Henley-Young shall implement a policy which prohibits staff from insulting residents or calling them names, and using profanity in the presence of residents
Beginning Compliance
The status of this provision remains at beginning compliance. Although it has improved there is still indication that staff is using profanity in some of their dealings with youth. This must be addressed by the facility’s administration.

Recommendations

The recommendations below should be followed.
1. Develop policies and procedures and practices to address the needs of this provision. (Executed)
2. Provide training to staff in the proper de-escalation techniques of residents.
3. Administration must provide enough supervision to reduce or eliminate insulting behavior by staff.
4. Discipline and retrain staff as needed. 5. Provide training for staff on policies and procedures and document
training. 6. Hire an independent person to investigate allegations of abuse or
complaints regarding staff by residents. (Executed)

Evidentiary Basis Document review, observation and interviews

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Henley Young Juvenile Justice Center Eleventh Monitoring Compliance Report
September 25, 2017

Provision 16.4 Miscellaneous Provisions
Status
*Discussion

Henley-Young shall implement an adequate grievance policy that is accessible to all residents regardless of literacy levels, and that provides residents with the opportunity to appeal facility level determinations. Residents shall obtain the grievance forms from the school liaison.
Partial Compliance
This provision remains at partial compliance. After a review of documentation, I found there were residents that have not indicated if they agreed or disagreed with the decision pertaining to their grievance (the boxes were not checked by Resident M.C. on 2/5/2017; Resident M.M. on 5/14/2017; Resident M.M. on 5/14/2017 (2 grievances) Resident G.B. on 3/13/2017 requested an appeal and there was no documentation of the appeal. Resident F.H also requested an appeal on 3/16/2017 and there was no documentation that the appeal was handled.

Therefore, I recommend the facility continues to follow my comments from my previous reports and my recommendations from below.

Recommendations

1. Place grievance boxes on each unit and school, residents should not be required to request a grievance form.
2. Provide training for staff on policies and procedures and document training.
3. Provide training for residents on policies and procedures and document training.
4. Ensure that residents are adequately familiarized with the grievance process during their orientation into the facility
5. Add a place on the Resident’s Grievance Resolution Report for a resident to request an appeal and place for the Director’s resolution.
6. Ensure Resident’s Grievance Resolution Reports are provided to the resident for their signature and their response to the outcome. If the resident disagrees with the resolution the resident has the right to appeal the decision to the director.
7. Any retractions of grievances should be done by residents and not by staff.

Evidentiary Basis Document review, observation, interviews

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Henley Young Juvenile Justice Center Eleventh Monitoring Compliance Report
September 25, 2017

Provision 16.5 Miscellaneous Provisions
Status Discussion

Hinds County denies that Henley-Young does not currently have an adequate policy whereby residents can request to see their attorney and/or Residents Court counselor. The parties agree, however, that henceforth: Henley-Young shall develop and implement an adequate policy that allows residents of all ages and literacy levels with the opportunity to request to see their attorney and/or Residents Court counselor. Residents shall obtain the form requesting a visit from his/her counselor from the school liaison. Henley-Young agrees to collaborate with the Plaintiffs to design and implement a comprehensive juvenile justice pre-service and in-service training program for detention center staff. Training shall include, but is not limited to, the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.
Beginning Compliance
The status of this provision remains at beginning compliance. Based on my interviews with residents, there continues to be no indication and no documentation they had the opportunity to meet with their public defender prior to or after their court hearings. I did meet with the public defender in 2016 along with the County counsel and the director of the facility to discuss options to implement a procedure for contacts. This has still not occurred. The facility now has case managers therefore, youth should be able to contact their attorneys which should help them understand their case better and the process they are involved as relates to court proceedings. These youth should not have the ability to discuss their cases and updates on their case. This will keep the resident’s case from falling through the cracks.

Again, based on my most recent visit and review of documents, residents are still complaining they have not had the opportunity to speak with their attorneys. In my review of the records, there was no indication that attorneys had visited their client. Again, I found no forms for requesting visits from counselors, attorneys or school liaisons. The requirements of the Prison Rape Elimination Act are not in place and still needs to be developed.

Recommendations

1. Develop policies and procedures and practices for this provision. 2. Provide and document training for staff on policies and procedures. 3. Develop single form and system for incident reporting. 4. Develop system for receiving and mailing privileged and non-
privileged mail for residents. 5. Hire case management staff.

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Evidentiary Basis

6. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).
7. Develop policies and procedures based on the prison rape elimination act.
Observation, interviews and Document reviews

Conclusion This is my 11th official report on the progress at the Henley Young Juvenile Justice facility. As stated above in the provisions and compliance ratings the facility continues to make improvements with each visit (see compliance chart). The County at this point must ensure that the resources allocated to the facility are maintained and that the hiring of the clinical psychologist and the vacant direct care staff is completed.
The mental health, medical and educational experts will be visiting the facility within the next 90 days to evaluate the progress or lack of progress in their respective areas.
It should be noted as I discussed above, my primary concern at this juncture in the process is the relocation of the young adults that will be transferred from the Hinds County jail to the Henley Young juvenile facility. Again, as stated in my introduction the integration of the young adults into Henley Young must not jeopardize or undermine all the hard work and efforts put in place by the county. I would supplicate to the County to ensure that there is a viable transition plan developed as stated in my introduction and that the County look at legislative changes in the juvenile laws if this is going to be a permanent change in how juveniles are housed. Having a well-trained staff and a facility that meets the needs of both populations are critical in maintaining a constitutional operated facility. I would also recommend that the County proceed with the proposed renovations and additions to the existing facility.
I would again like to thank the Hinds County Board, the County’s Attorneys Anthony Simon and Pieter Teeuwissen, County Administrator Carmen Davis, facility staff and the facility Director Johnnie McDaniels for their assistance and cooperation.

LEONARD DIXON

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 Case 3:11-cv-00327-DPJ-FKB Document 112 Filed 02/27/17 Page 1 of 72
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION HONORABLE DANIEL P. JORDAN III, U.S. DISTRICT JUDGE
J.H., ET AL, VS HINDS COUNTY MISSISSIPPI 3:11-CV00327 DPJ-FKB
Monitoring Compliance Report: Report Draft Date: February 21, 2017
Report Date: February 27, 2017
Submitted by Leonard B. Dixon, MSPA
24420 Crescent Drive Woodhaven, MI 48183
734 642-7412 Email home: lbdixon1@comcast.net Email work: leonard.dixon@cookcountyil.gov

Case 3:11-cv-00327-DPJ-FKB Document 112 Filed 02/27/17 Page 2 of 72
Henley Young Juvenile Justice Center Tenth Monitoring Compliance Report
February 27, 2017
The Tenth Monitor’s Report Henley-Young Juvenile Justice Center
Leonard B. Dixon
Background On March, 28, 2012, Hinds County, Mississippi entered into a settlement agreement ordained and adjudged by Judge Daniel P. Jordan III, for the United States District Court Southern District of Mississippi, Northern Division, regarding conditions of confinement at the Henley-Young Juvenile Justice Center, located in Jackson, Mississippi. According to the order, the settlement agreement and its specific requirements “shall apply to Henley-Young and any contractor that may provide services to Henley-Young in the future. The term “youth” herein often refers to individuals confined at Henley-Young. “The parties” understand that the requirements contained herein will be implemented without undue delay as soon as practicable. Unless otherwise indicated herein, the parties will collaborate to make all reasonable efforts to ensure that within 90 days of the effective date of the agreement, policies, and procedures consistent with the agreement are drafted, in the process of being implemented, and that all detention staff received training on the requirements. The parties agree and understand that the implementation will be an ongoing process that extends beyond the initial 90 days of the agreement. As part of the settlement agreement the defendant shall contract with Leonard Dixon, within 30 days of the court entry of this settlement agreement to serve as an expert who will be responsible for documenting the defendant’s compliance with the terms of the agreement and for providing and/or arranging technical assistance and training regarding compliance with this settlement agreement. He will have full and complete access to detained youth, institutional files, medical files, mental health files, education files, video tapes, and youth, staff records and all other information and other reports by staff, grievances, incident reports, and other relevant documents and files maintained by Henley-Young.
All non-public information obtained by the expert shall be kept confidential, except that on a quarterly basis, the expert shall file a report with the Court documenting the progress of compliance. Neither party, nor any employee or agent of either party, shall have any supervisory authority over the expert’s activities, reports, findings, or recommendations. The expert shall file with the Court and provide the parties with reports describing the Defendant’s steps to implement this Settlement Agreement and evaluate the extent to which the Defendant has complied with each substantive provision of this agreement. Such reports shall be issued quarterly, unless the parties agree otherwise. The reports shall be provided to the parties in draft form for comment at least two (2) weeks prior to their submission to the Court. These reports shall be written with due regard for the privacy interests of individual youth and staff and the interest of the Defendant in protecting against disclosure of non-public information. The expert shall have a budget sufficient to allow him to fulfill the responsibilities described in this Settlement Agreement. Mr. Dixon may consult other experts or consultants retained by either party. All parties shall receive copies of all draft reports from the other experts to Mr. Dixon prior to the issuance of Mr. Dixon’s report, and shall have the option of being present at briefings from such experts to Mr. Dixon and Defendant. Mr. Dixon may initiate and receive ex parte communications with the parties and their respective experts and consultants.
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February 27, 2017

Current: It should be noted that on March 25, 2016 an Amended Consent Decree was issued and extended as set forth by the Federal Court. The amended consent decree eliminated 13 provisions which had moved from non-compliance to substantial compliance and maintained that standard, which is outstanding. Based on my most recent review of these provisions they continue to be maintained and are noted in the report as “SC*”. In addition, the Hinds County Youth Court and the County entered into a Memorandum of Understanding on June 27, 2016 (see attachment). It should be noted that regarding the Memorandum of Understanding, sections 5, 9, and 10 have yet to be fully implemented; they are awaiting further action from the Youth Court. It is important to note that on February 13, 2017 a new juvenile court judge was assigned to the Hinds County Youth Court. The Youth Court is now under the direction of the Honorable Melvin Priester.

Recommendations based on findings, observations and interviews: Result of visit on December 7 – 11, 2016

Documentation provided and reviewed:

Amended Consent Decree by J.H. v. Hinds County, MS adjudged March 25, 2016

Resident Orientation Checklist for Resident C.H. dated December 6, 2016

Resident Orientation Checklist for Resident L. M. –no attachment or date

Resident Orientation Checklist for Resident A. M. dated December 6, 2016

Resident Orientation Checklist for Resident R. C. dated December 7, 2016

Resident Orientation Checklist for Resident L. W. dated December 5-7, 2016

Health Care Policies (not signed/dated by Executive Director and attachments are not with

policies):

5.A.2 –

Access to Care

5.A.3 –

Responsible Health Authority

5.A.4 –

Medical Autonomy

5.A.5 –

Administrative Meetings and Reports

5.A.6 –

Policies and Procedures

No # -

Continuous Quality Improvement Program

5.A.8 –

Communication on Patients Health Needs

5.A.9 –

Privacy of Care

5.A.10 – Procedure in the Event of Resident Death

5.A.11 – Grievance Mechanism for Health Complaints

5.B.1 –

Infection Control Program

5.B.1.01 – Tuberculosis Screening and Treatment

5.B.1.02 – Communicable Disease Isolation

5.B.1.03 – HIV Infected Residents

5.B.1.04 – Personal Protective Equipment

5.B.3 –

Staff Safety

5.B.4 –

Federal Sexual Assault Reporting Regulations

5.B.5 –

Procedure in the Event of Sexual Assault

5.C.1 –

Credentialing

5.C.2 –

Clinical Performance Enhancement

5.C.3 –

Professional Development

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February 27, 2017

5.C.4 –

Training for Detention Officers

5.C.4.01 – CPR Training

5.C.4 –

Medication Administration Training

5.C.5.01 – Medication Administration Training for Non-Licensed Staff

5.C.6 –

Resident Workers

5.C.7 –

Staffing Plan

5.C.8 –

Health Care Liaison

5.C.9 –

Orientation for Health Staff

5.D.1.03 – Disposal of Unused or Expired Medication

5.D.1.04 – Storage of Pharmaceuticals

5.D.1.05 – Medication Administration

5.D.1.06 – Prescribing Authority and Stop Dates

5.D.1.07 – Transcription of Medication and Telephone Orders

5.D.1.08 – Medication Administration Record (MAR)

5.D.1.09 – Medication Errors

5.D.1.11 – Monitoring Psychotropic Medications

5.D.1.12 – Documentation of Scheduled/Controlled Medication

5.D.1.13 – Control of Inventory of Medical Sharps

5.D.1.14 – Pharmacy Inspections

5.D.1.15 – Residents on Medication Prior to Detainment

5.D.2 –

Medication Services

5.D.2.02 – Psychotropic Medication

5.D.3 –

Clinic Space, Equipment and Supplies

5.E.1 –

Information on Health Services

5.E.2 –

Receiving Screening

5.E.3 –

Transfer Screening

5.E.4 –

Health Assessment

5.E.7 –

Non-Emergency Healthcare Requests and Services

5.E.7.01 – Sick Call

5.E.8 –

Emergency Services

5.E.10 –

Patient Escort

5.G.2 –

Residents with Special Health Needs

13.E.12 – Continuity of Healthcare during Detainment

5.G.7 –

Care of Pregnant Residents

5.G.9.01 – Determination of Pregnancy

5.G.9 –

Pregnancy Counseling

13.F.2 –

Nutrition and Medical Diets

Attachments:

Nursing Protocol Athletes Feet (Tinea Pedis)

Nursing Protocol Back Pain

Nursing Protocol Boils, Folliculitis, Furuncle

Nursing Protocol Burns 1st and 2nd Degree or Sunburn

Nursing Protocol Contusion

Nursing Protocol Constipation

Nursing Protocol Corn or Calluses

Nursing Protocol Cough/Sinus/Cold/Flu

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February 27, 2017
Nursing Protocol Dental Pain Nursing Protocol Nursing Protocol Diarrhea Nursing Protocol Ear pain Nursing Protocol Excess Ear Wax (Cerumen) Nursing Protocol Headache Nursing Protocol Hemorrhoids Nursing Protocol Hunger Strike Nursing Protocol Indigestion/Gas/Belching Nursing Protocol Jock Itch (Tinia Cruris) Nursing Protocol Knee Pain Nursing Protocol Lice (Pediculosis Capitis/Corporus/Pubis) Nursing Protocol Menstrual Cramps (Dysmennorrhea)/PMS Nursing Protocol Nose Bleed (Epistaxis) Clinical Opiate Withdrawal Scale (COWS) Nursing Protocol Ring Worm (Tinia Corpus) Nursing Protocol Scabies Emergency Nursing Protocol Seizure Disorder Nursing Protocol Shortness of Breath/Asthma Nursing Protocol Sprain/Strain Nursing Protocol Sore Throat (Pharyngitis) Annual Physical Health Assessment Body Chart Consent to Treatment Consent to Surgical Procedure Dental Exam and Treatment Record Diagnostic Testing Protocols Food Service Worker Clearance Health Information Transfer Form Juvenile Intake & Physical Assessment Intake Transfer Health Assessment Written Counseling for Medication Noncompliance No Harm Contract Nurse’s Notes Physician’s Notes No title (on bottom 0211NU-POR) Pregnancy Flow Sheet * Problem List Psychiatric Progressive Note Receipt of Inmate Medical Records Request for Inmate Medical Records Quality Correctional Health Care Release of Information Authorization Segregation Documentation Record Sick Call Refusal Form Sick Call Request Special Needs Communication Form Medical Observation Record
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February 27, 2017

Tetanus Vaccine (Consent/Declination)

Treatment Refusal Form

Tuberculin PPD for Inmates

Tuberculosis Questionnaire

Urine Test Results

Weight Monitor Sheets

Nursing Protocol Abrasions/Lacerations

Nursing Protocol Acne

Alcohol Withdrawal Assessment Scoring Guidelines (CIWA-Ar)

Chronic Care Clinic (Initial)

Chronic Care Clinic – Follow up

Mental Health Chronic Care Clinic Follow up

Chronic Care Protocol Lab & Diagnostic Tests

Policies & Procedures (not signed/dated):

3.A.18 – Cell phones

3.A.20 – Body Camera (no attachment)

7.A.4 –

Youth Counselor & Attorney Visit Request (no attachment)

9.A.1 –

Preventative Maintenance (no attachment)

9.A.2 –

Housekeeping: Clean, Safe & Sanitary Environment (no attachment)

10.A.1 –

Court Orders and Document Sharing

Policies & Procedures (signed/dated October 1, 2015)

2.A.3 –

Fire Drills (attachment not attached)

2.A.4 –

Weather Emergencies (attachment not attached)

2.A.5 –

Evacuation and Relocation

2.A.6 –

Emergency Plan Release of Residents (not signed by Youth Court Judge)

2.A.7 –

Emergency Communication (attachment not attached)

2.A.8 –

Escape

2.A.1 –

Fire/Smoke Alarm Response

2.A.2 –

Fire Safety & Evacuation (evacuation plan on front of policy)

3.C.6 –

Due Process (attachment not attached)

3.C.4 –

Incident Reports (attachment not attached)

3.C.5 –

Behavior Management

3.C.1 –

Unit Rules & Regulations

3.C.2 –

Disciplinary Hearings (attachment not attached)

3.C.7 –

Due Process Isolation (attachment not attached)

3.C.8 –

Behavior Management Isolation (attachment not attached)

3.D.1 –

Residents Rights & Responsibilities

3.D.2 –

Resident Grievance (attachment not attached)

5.A.1 –

Mechanical Restraints for Medical Procedures

2.A.9 –

Hostage Situation

2.A.10 – Emergency Release (over capacity adjustment) - (not signed by Youth

Court Judge)

6.A.4 –

Classification

1.D.1 –

Employment Training & Staff Development

3.B.3 –

Universal Precautions

3.B.6 –

LGBTQI

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February 27, 2017

3.B.5 –

Child Abuse/Neglect Allegations: Reporting

3.B.4 –

PREA (attachment not attached)

1.C.3 –

Disciplinary Actions & Grievances (attachment not attached)

1.C.1 –

Standards of Conduct

1.C.4 –

Internal Investigation

1.C.9 –

Staffing Levels

1.C.7 –

Staff Relationship with Residents

1.C.13 –

Shift Assignment Duties

1.C.14 –

Quality Assurance

3.A.19 – Escorting Youths to Secure Detention

3.A.15 – Mechanical Restraints (attachment not attached)

3.A.16 – Direct Care Staff on Units

3.A.17 – Administrative Isolation (attachment not attached)

3.A.9 –

Use of Force

3.A.8 –

Security Searches

3.A.3 –

Resident Movement

3.A.5 –

Resident Management

3.A.1 –

Security Rounds

3.A.2 –

Identification Wristbands

8.A.1 –

Scope of Mental Health

8.A.2 –

Staff and On-Call Mental Health Services

8.A.3 –

Youth Screening and Instruments

8.A.4 –

Treatment Planning

8.A.5 –

Requests for Services (attachment not attached)

8.A.6 –

Counseling, Program & Progress Notes (attachment not attached)

8.A.7 –

Suicide Prevention (attachment not attached)

Daily Population sheets for months:

June 2016 (missing 1, 3, 4, 5, 9, 11, 18, 19, 25, 26 and 28)

July 2016 (missing 2, 3, 4, 9, 10, 16, 17, 18, 23, 24, 27, 30 and 31)

August 2016 (missing 6, 7, 13, 14, 17, 19, 20, 21, 22, 27, 28 and one without a date)

September 2016 (missing 3, 4, 10 and 17)

October 2016 (missing 1, 2, 8, 9, 15, 16, 22, 23, 29 and 30)

November 2016 (missing 5,6,12, 13, 19, 20, 24, 25, 27 and one without a date)

Staff Schedule for 3 shifts (7:00 to 3:00, 3:00 to 11:00 and 11:00 to 7:00)

Training Sign in sheets for months:

June –

28 - Suicide Prevention (5 staff)

July –

5 – Mental Health Training (4 staff)

5 to 7 – New employee orientation (7 to 9 staff)

13 – Juvenile Rights (6 staff)

16 – Adolescent Development (9 staff)

19 – Adolescent Development (9 staff)

26 – Adolescent Development (10 staff)

27 – Adolescent Development (8 staff)

August –

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February 27, 2017
2 – Adolescent Development (9 staff) 4 – Supervisor Training (7 staff) 9 – Adolescent Development (6 staff) 11 – Report writing (18 staff) 12 – Report writing (15 staff) 13 – Report writing (12 staff) 19 – Building Healthy Relationships with Youth (8 staff) 25 – Building Healthy Relationships with Youth (7 staff) 26 – Building Healthy Relationships with Youth (8 staff)
September – 5 – CPI (7 staff) 8 – Building Healthy Relationships with Youth (7 staff) 10 – Building Healthy Relationships with Youth (15 staff) 14 to 16 – New employee orientation (3 to 6 staff) 16 – Building Healthy Relationships with Youth (8 staff) 20 – PREA Refresher (8 staff) 24 – Juvenile Rights/Conflict Resolution (18 staff) 26 – Behavior Management (8 staff)
October – 1 – Juvenile Rights/PREA Refresher (13 staff) 1 – Report writing (2 staff) 4 – Behavior Management (7 staff) 7 – Behavior Management (7 staff) 10 – Policy & Procedure Training (5 staff/15 policies) 11 – Policy & Procedure Training (9 staff/15 policies) 14 – Policy & Procedure Training (10 staff/15 policies) 17 – Policy & Procedure Training (4 staff/15 policies) 19 – Policy & Procedure Training (8 staff/15 policies) 20 – Policy & Procedure Training (3 staff/15 policies) 21 – Policy & Procedure Training (1 staff/15 policies) 22 – Policy & Procedure Training (3 staff/15 policies) 24 – Policy & Procedure Training (4 staff/15 policies) 26 – Policy & Procedure Training (2 staff/15 policies) 28 – Policy & Procedure Training (1 staff/15 policies) 28 – Policy & Procedure Training (1 staff/15 policies) 28 – Policy & Procedure Training (5 staff/19 policies) 29 – Policy & Procedure Training (4 staff/19 policies) 31 – Policy & Procedure Training (5 staff/19 policies)
November – 1 – Policy & Procedure Training (4 staff/19 policies) 7 – Policy & Procedure Training (4 staff/19 policies) 9 – Policy & Procedure Training (1 staff/19 policies) 10 – Policy & Procedure Training (1 staff/15 policies) 10 – Policy & Procedure Training (5 staff/19 policies)
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February 27, 2017
12 – Policy & Procedure Training (4 staff/34 policies) 18 – Policy & Procedure Training (4 staff/19 policies) 19 – Policy & Procedure Training (10 staff/19 policies)
Due Process Isolation Logs July 2016 – 1 resident (DPI not given) August 2016 – 4 residents September 2016 – 3 residents October 2016 – 3 residents November 2016 – 7 residents
Graph for Due Process from August 2015 to August 2016 Graph for Use of Force from August 2015 to August 2016 Graph for Reported Incidents from August 2015 to August 2016 Graph for Suicide Events from August 2015 to August 2016 QA Audit Reports for months/dates:
July 11 August 1 September 7 and September 12 Recreation area varies dates November 9, 15 and 29 Picture of hinges Picture of cleaning supplies Pictures of 8 behavior observation sheets Quality Assurance Daily Population Records for months: July 2016 August 2016 September 2016 October 2016 November 2016 Quality Assurance Monthly Incidents Reports for months: July 2016 – 2 incident August 2016 – 24 incidents September 2016 – 27 incidents October 2016 – 13 incidents November 2016 – 27 incidents Use of Force Incidents by Pods for months: July 2016 - 1 August 2016 - 4 September 2016 - 4 October 2016 – 2 November 2016 – 5 Henley Young Juvenile Justice Center Resident Handbook Food Establishment Inspection Report dated December 5, 2016 Boiler/Fired Pressure Vessel – Report of Inspection dated November 7, 2016 Inspection 1 Boiler/Fired Pressure Vessel – Report of Inspection dated November 7, 2016 Inspection 2
9

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February 27, 2017
Logs of residents placed on Suicide Watch June 2016 – 10 residents July 2016 – 5 residents (1 resident from August) August 2016 – 7 residents September 2016 – 12 residents October 2016 – 17 residents November 2016 – 8 residents
Various memos dated from June 29, 2016 to October 31, 2016 listing staff to attend training Daily Schedule for 4 Units
Recreation Schedule by Month/Pod July 2016 August 2016 September 2016 October 2016 November 2016 Listing for Thanksgiving Activities
Jackson Public School District Evaluation Report dated June 21, 2016 Letter regarding Hinds County Departmental Budget for 2017 dated September 26, 2016 Fire drill reports:
Dated July 30, 2016 conducted on dayshift Dated August 10, 2016 conducted on afternoon shift Dated August 29, 2016 conducted on dayshift Dated August 31, 2016 conducted on afternoon shift Dated September 27, 2016 conducted on afternoon shift Dated September 15, 2016 conducted on dayshift Dated October 27, 2016 (no time given sheet is not completed signed by Sr. Officer H.
Smith) Dated October 31, 2016 conducted on afternoon shift Dated October 4, 2016 conducted on dayshift Dated November 23, 2016 conducted on dayshift Dated November 21, 2016 conducted on afternoon shift Dated November 25, 2016 conducted on midnight shift (unable to complete due to staff
shortage) Tornado Drill reports:
Dated July 16, 2016 conducted on dayshift Dated August 30, 2016 conducted on afternoon shift Dated August 24, 2016 conducted on afternoon shift Dated August 29, 2016 conducted on dayshift Dated September 26, 2016 conducted afternoon shift Dated September 17, 2016 conducted on dayshift Dated October 31, 2016 conducted on afternoon shift Dated October 22, 2016 conducted on dayshift Dated October 18, 2016 conducted on dayshift Dated November 29, 2016 conducted on afternoon shift Dated November 29, 2016 conducted on midnight shift (unable to complete due to staff
10

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February 27, 2017
shortage) Fire Alarm Inspection Report dated April 28, 2016 by SimplexGrinnell (not signed by inspector
and access could not be gained to two areas) Pre-Engineered Restaurant Fire Suppression Systems Report dated November 15, 2016
(no permit #) Metro Fire Systems invoice dated November 30, 2016 Water-Based Fire Protection System Inspection & Testing Findings (2011 edition – not dated) Visitation Logs:
July (dated 1, 2, 3, 7, 9, 10, and 14) August (dated 6, 7, 11, 13, 14, 18, 16, 20, 21, 25, 27 and 28) September (dated 1, 3, 4, 8, 10, 11, 15, 18, 22, 24, 26, and 29) October (dated 1, 2, 6, 8, 13, 16, 20, 22, 23, 27, and 30) November (dated 3, 5, 6, 10, 12, 13, 17, 19, 20, 24, 26, and 27) Phone call logs 2016: Tubman Pod dated:
September 7, 13 and date can’t read October 11, 15, 18, 25 (2 logs) November 8 (2 logs), 15 (2 logs), 28 (looks like 18) Davis Pod dated: May 18 August 24, 31 September 7, 14, 21, 28, October 5, 11, 26 November 8, 15, 23, and 30 Payton Pod dated: June 15 August 22, 29 September 12, 19, 26 October 3, 7, 10, 17, 24, 31 November 14, 21, 28 JFK Pod dated: July 19 August 9, 16 October 11 November 22 and 29 HYJJC Monthly Grievances submitted: July - 20 grievances submitted by residents August - 12 grievances submitted by residents September - 1 grievance submitted by resident October - 1 grievance submitted by resident Food service menus for 4 weeks approved August 29, 2016 Food service site production nutrient comparison: Breakfast 8/13-8/19; 8/20-8/26 and 9/3-9/9 Lunch 8/13-8/19; 8/20-8/26; 8/27-9/2 and 9/3-9/9 Requisitions/Invoices: May – 2 requisitions/invoices
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November – 2 requisitions/invoices Henley-Young Juvenile Justice Center Organization Chart Maintenance/Housekeeping Schedule from 2:00 am to 10:00 am Maintenance Weekly Schedule March 7, 2016 to March 11, 2016 Notification of Due Process Hearings:
July 28 – Resident J.M. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
August 22 – Resident T.A. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
August 22 – Resident D.L. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
August 22 – Resident K.M. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
August 22 – Resident Q.T. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement, medical reporting form and Hearing Decision)
September 2 – Resident C.R. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
September 7 – Resident C.R. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
September 16 – Resident E.T. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
October 5 – Resident Q.E. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
October 17 – Resident M.J. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
October 26 – Resident J.W. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
November 7 – Resident A.S. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
November 9 – Resident M.C. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
November 29 – Resident J.C. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
November 28 – Resident K.R. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
November 14 – Resident J.M. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
November 10 – Resident K.R. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
November 7 – Resident T.A. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
December 2 – Resident C.R. (included with form Due Process Rights, Notice of Violation, Unusual Incident Report, Witness Statement and Hearing Decision)
HYJJC Resident Incident Report/Use of Force/Unusual Incident Reports July 2016 – 2 Residents (including some witness statements)
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August 2016 – 35 Residents (including some checklists, witness statements and medical forms)
September 2016 – 30 Residents (including some checklists, witness statements and medical forms)
October 2016 – 16 Residents (including some checklists, witness statements and medical forms)
November 2016 – 24 Residents (including some checklists, witness statements and medical forms)
December 2016 – 4 Residents (including some checklist, witness statements and medical forms)
7 Witnesses statements dated July 21, 2016 regarding Resident C.McD. being shot on premises
Staff Interviewed Janet McCoy, Training Coordinator 2 years Malcolm Sanders, Recreation Supervisor 1 year Victor Johnson, Recreation Coordinator 1 year 2 months Kenneth Devine, School Principal 6 months Jeannette Davis, Laundry 3 years Tabetha Bouldin, Supervisor Senior Officer 22 years Larry Brown, Detention Officer 2 years 6 months Melvin Truitt, Detention Officer 6 months James Franklin, Correctional Officer 4 months Rodney White, Detention Officer 2 years Tremaine Young, Detention Officer 5 month Eddie Burnside, Operations Manager Tanecka Moore, Esq., Compliance Officer 1 year Timothy Stallworth, Court Liaison
Youth Interviewed Resident A. C. 17 years old Resident F.W. 17 years old Resident J. J. 15 years old Resident J. P. 17 years old Resident F.H. 16 years old Resident D.C. 17 years old Resident L.M. 15 years old Resident A.M. 14 years old Resident L. W. 15 years old Resident C.R. 16 years old
Introduction This report is the result of my tenth official visit to the Henley-Young Juvenile Justice Center and the progress made since my previous visit. On December 7 through December 11, 2016, I conducted an official inspection/review of the facility. In this report I detail my findings from my visit. My findings are based on the following criteria: 1) observations, 2) interviews, 3)
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SPLC reports, 4), subject matter expertise in operating juvenile institutions, 5) best practices in juvenile justice, 6) document reviews, and 7) video and audio reviews.
I would like to again thank the staff, facility administration, and the Hinds County attorneys for their continued cooperation in this process. I would also like to commend the County on the progress made since the federal courts contempt order of 4/25/ 2014. Since that time the county has moved from zero (0) substantial compliance to 23 substantial compliance and from 34 noncompliance down to 13 noncompliance as of this report. Please see; Compliance summary chart. The County should carry on the progress it is making at Henley-young and the youth they are serving.
It should be noted that the facility moved 13 provisions from non-compliance to beginning compliance; 7 provisions moved from beginning compliance to partial compliance and 6 provisions moved from partial compliance to substantial compliance. This is commendable and they are moving in the right direction.
Facility and Operational Culture The current administration has developed policies/procedures and many aspects of the operations continue to improve. It is clear that the facility’s administration is listening and taking heed to the monitor and the court seriously and has implemented many of the monitor’s and court’s recommendations. It is obvious that the facility’s administration is committed to the continuous improvement of the overall operations of the Henley-Young Youth Juvenile Detention Facility. The facility has been committed to bringing about new programming (i.e. recreation, after school programming by Hinds County Behavior Health Services and outside volunteer groups,).
In my interviews with several staff and management, the facility continues to go through trial and error in developing an effective point system for youths and staff consistently following through with policies and procedures. As I stated to them this is a normal part of the process but with focused repetition these areas become less problematic.
In addition, in my discussions, there is an understanding that the facility has come a long way and still has a good way to go. The facility should continue to focus on the following:
A. Adequately train staff B. Hire and train case managers C. Implementation of mental health programs D. Develop MOU with Jackson Public Schools E. Develop recreation programs and purchase additional equipment for youth F. Update cameras and intercom systems G. Continue to improve medical system H. Renovate and redesign unused space I. Continue to maintain cleanliness and repairs of the facility J. Develop an adequate case management system K. Develop and maintain adequate data collection system
In regards to policies/procedures, the facility should continue to ensure the following:
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(1) There are written policies covering essential provisions. (2) There are written procedures to implement the policies. (3) The practices are consistent with the written policies and procedures. (4) The policies, procedures, and practices meet constitutional requirements and are in line with
other local requirements.
Staffing The facility has maintained the recommended direct care staff ratio. Now the facility must focus on its other specialized staffing (i.e., case management and mental health). The County is in the process of hiring case managers and mental health professionals. Funding has been made available for these positions and the County should be commended for this progress.
Based on my review of documents, the Facility has allocated funding for five (5) new permanent employees to be added to the Henley-Young Mental Health Services and Counselors Department. With this hiring and implementation of programming, all of provisions 5 and 13 should move from non-compliance.
I would recommend that an architect conduct a survey of the facility to renovate and redesign the unused space. There are several areas that I reviewed that could be used for counseling space which are attached to the housing units and the unused non-contact visitation area which is in the vicinity of the master control area. These areas could be repurposed for case managers and clinical work.
Training The current area used for training staff is inadequate. Staff members are being trained in the multipurpose room. The training area is the same area youth use as their lunchroom and indoor recreation which means it has no equipment necessary for training. Therefore, I recommend that all trainings are conducted in the training room located in the east side of the complex. This training room is better equipped and more conducive to use as a learning and training environment.
Building Cleanliness/Environmental Issues/Maintenance The building cleanliness is good, however I recommend that the administration focus on areas that need touch up painting and also recommend that the showers be pressured cleaned to remove the existing mildew.
Since my last visit there have been several water crises in the city of Jackson which has affected the operations of the Henley Young Center. Based on my discussion with the county and because there were youth transferred to another facility; the County and the facility must ensure there is a fully developed evacuation plan. This crisis provides an opportunity for the county to update its emergency/evacuation plans with the fire department, sheriff department, police department, the juvenile courts, and any surrounding juvenile facility that can and will accommodate Hinds County as it relates to the housing of juveniles in cases of an emergency.
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The intercom system needs repair – there are rooms where the intercom system is not working and youth do not have the ability to contact staff in the event of a problem.
The lights need to be repaired in the multipurpose room. Moreover, lights in the parking lot and around the building need to be repaired for safety and security purposes. During my tour of the building on the evening shift it was very dark and unsafe because the master control area does not have a visible line of sight to the parking and front and side areas of the building.
It should be noted that the laundry service has improved dramatically and the staff should be commended for this. It is very clean and organized and there is a system for discarding items that are no longer usable.
Professional Standards of Care/Sustainability As stated in my previous reports, maintaining systems that are being put in place is essential to ensuring what the facility wants out of the consent decree to maintain its sustainability. The County has put in place a strong management team that continues to move the facility forward. At this point in the process, the administrative team at Henley-Young has developed their roles and responsibilities and with continued implementation of good policies and procedures it should maintain professional standards of care.
Also, at this juncture of the process, the County must develop a data collection system as mentioned in my previous reports. Having good data will allow the County and the facility to make better judgments economically and professionally. It will also help with the collection of data for federal, state and local requirements and provide access to needed data for reporting to the many agencies and stakeholders in the care of these youth.
The facility also needs a database to maintain staff training records. I recommend monthly data collection listing the type of trainings, the hours staff was trained, the employees who conducted the trainings. This will make reviewing by the Superintendent and Federal Monitor easier.
Mental Health Please see Dr. Boesky's Mental Health updated report and recommendations, in addition to my last report, which is still relevant as only the names have changed.
Suicide Prevention Please see Dr. Boesky's updated report and recommendations, in addition to my last report.
Behavior Management/Isolation My review of the documents reveals that the behavior management and isolation program continues to improve. Since there are fewer youths and adequate staffing, I found fewer youth on isolation. However, the facility still needs to ensure that when youth are placed on behavior management/isolation there are sheets posted on their doors with sufficient documentation and supervision review. During this visit, I found three (3) youths on unit B and one (1) youth (C.R.) in his room for behavior management without any documentation. When I interviewed the Direct Care Officer Franklin, he was unaware as to why the Youth C.R. was in his room.
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Therefore a call to the supervisor had to be made for clarification as to the reason Youth C.R.was in his room.
Furthermore, there should be a clear system of movement in and out of the units. The movement was extremely disorganized. This should be addressed as youth should be in single file, tall to short or short to tall which should be a part of the facility policy. Organized movement is a sign of cooperative behavior of youth and indicates a level of understanding between line staff and residents. It can be very telling.
Medical, Medication Review & Disposal Please see Dr. Ezike‘s updated report and recommendations. The facility should continue to work on the policies and procedures. In my discussion with Dr. Ezike, the medical department has made very good progress.
Food Service In my review of the food service area, major improvements have been made in the quality and presentation of the food. In addition, the kitchen was much cleaner. One of my major concerns at this point is that youths are still complaining there is not enough food to eat. Therefore I recommend reviewing the serving portions to ensure they meet the caloric intake for active youth in this age group.
89 day program (Secure Intervention Unit)/Juvenile Court My statements from my previous report stand. However the County is in the process as stated above of hiring case management positions that would move provision 5 from non-compliance once staff are hired and adequately trained. It should be noted that I did not find any indication that there continues to be an 89 day program at Henley-Young. Since the facility is capped at 32 youth there should be no reason for holding youth that are unsuitable for treatment in a juvenile detention setting.
Conversely; there is still the need for a good case management program at the center and for it to be effective and successful, the following areas must be incorporated in that program:
 Sufficient staff  Target appropriate juveniles for the program (i.e., medium to high-risk)  Target risk factors for delinquent behavior that are responsive to intervention  Ensure case plans are individualized, family based, and delivered in community
settings when discharged  Programming based on a particular treatment model  Well-trained staff and a Program Director who strongly supports the program
outside of the facility’s director  Deliver the amount of treatment to correspond with youth’s diagnosis  Adhere to a program design  Monitor juvenile’s progress on an ongoing basis and modify the program as
needed  Provide aftercare services
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 Individual treatment plan (ITP) that reflects why the juvenile is in the program and what goals juvenile should accomplish during his stay. Also mentioned in the ITP is the juvenile’s individual education plan (IEP), which specifies how to accomplish the juvenile’s educational goals.
 Develop cognitive behavioral programs that confront juvenile’s thinking errors and teach juveniles to overcome their thinking errors as a means of behavioral change.
 Develop positive peer culture (PPC) that teaches juveniles to assume responsibility for helping one another. It is based on the belief that the most powerful influence on a resident’s behavior is peer pressure. PPC’s goal is to teach basic values related to caring for others. PPC is centered on frequent meetings of small groups of juveniles (6-12) and one or two staff leaders. The juveniles are encouraged to help each other.
 Develop strength-based practices that help juveniles to become accountable for their actions and responsible for their behaviors. Accountability is realized when a juvenile admits to the wrong and changes his/her behavior. When juveniles get into trouble, the care worker will initiate more behavior changes in juveniles by having them focus on how to solve their problems.

To ensure that there is an accountability case management in the 89 day program, I am recommending the following a model that incorporates the following elements be implemented:

 specifying troublesome behaviors  identifying need(s)  setting goal(s)  evaluation

Need

physiological, social, psychological requirement(s) for the well-being of

an individual

Goal

behavioral statement of how the individual will be at the end of a

specified period of time

Service Action behavioral statement of what the case manager plans and does to assist

the individual(s) in achieving the goal

Evaluation systematic collection of information on goal indicators and/or service

action(s) for the purpose of decision making and planning

In addition, the court has to determine what therapeutic programs they will be using. An example of these programs would be psychoanalytic therapy, behavioral therapy, rationale emotive therapy, person-centered therapy, reality therapy, etc. It should be noted that I have found in my review of documents, observations, and discussion with staff and residents at this point, there is no difference in the 89 day program than in the general detention program. One staff put it quite profoundly by stating, “When these youths get a long term sentence through the 89 day program they don’t care and they are causing most of the problems. “Detention is a short termed program and they are getting long term sentences.”

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School Please see Mrs. Brooks' updated report and please see my previous report. I have met with the new school principal, Kenneth Devine, to discuss the direction of the school and he appears to be more than willing to work with the facility’s administration. However, I am still recommending that the Jackson Public School system (JPS) hire a compliance officer to ensure that the school educational standards are being met. Compliance Ratings: Below are the compliance ratings and summary of ratings that will be used in this report. Please be reminded that though most are in non-compliance, policy development is most important and the start of this process. As stated above the facility has made progress on some provisions which moved them from non-compliance to beginning compliance. Please note that many of the comments and recommendations in the provisions are restatements of previous reports because in those areas little movement has been made. The Director should use these comments as a road map to developing a successful facility plan. He should also continue to develop comprehensive corrective action plans for guidance. That plan should have the following:
A. Clearly state the problem or weakness, including the root cause B. List the individuals who will be accountable for the results of the corrective
action plan C. Create simple, measurable solutions that address the root cause D. Each solution should have a person that is accountable for it E. Set achievable deadlines F. Monitor the progress of the plan The graph has been included to show the progress made thus far on the 71 provisions:
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Compliance Code Measurements
Substantial Compliance (SC): Practices follow the county-approved policies, training materials or other documents; practices follow policy with rare exception and exceptions lead to corrective action; trained staff fill all positions and vacancies are filled within 3 months; the County has completed work in an acceptable manner; policies, procedures and practice and training are fully operational and quality-assurance audited and audit exceptions lead to corrective action; outcomes meet or exceed agreement requirements.
NOTE: Provisions labeled (SC*) will be or was eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.
Partial Compliance (PC): Policy and procedure is implemented in some but not all locations or times; staff are hired but not trained; the County is working on implementation but tasks are not completed; system implemented at some but not all locations or times,

Compliance Summary

80 71

70

59

60

54

50

40

35 36

34 37

30

20

17 12

30 25 13

30
17 15 9

28 18 11 14

26
17 17 11

22 23 13 13

10

000

00

00

00

00

3

0

Report 1 Report 2 Report 3 Report 4 Report 5 Report 6 Report 7 Report 8 Report 9 report 10

NC BC PC SC
outcomes meet or exceed agreement requirements some of the time and in certain area.
Beginning Compliance (BC): Policy and procedure is written by the county but has not been implemented; funding and hiring authority are approved by the County but positions are not filled; training materials prepared and approved by the county but training has not started.
Non-Compliance (NC): No action taken and immediate steps needed to maintain schedule or prevent further delay. A policy may exist, but the policy may need significant revision or modifications and rarely translates into practice.
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Provision

Intake

1.(1) Medical and Mental Health Screening for all Residents Admitted to Henley-Young
1.(2) MAYSI-2 Mental Health Screening 1.(3) Prescription Medications 1.(4) Meal Compliance 1.(5) Telephone Usage 1.(6) Strip Search Policy

7th

8th

9th

10th

Report Report Report Report

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

BC

PC

SC

SC

SC*

PC

SC

SC

SC*

BC

BC

PC

PC

Provision 2.(1) 2.(2) 2.(3)

Staffing and Overcrowding Direct Care Staff Ratio Maximum Capacity Adjustment One-Person Cell

NC

NC

NC

BC

SC

SC

SC

SC*

SC

SC

SC

SC*

Provision

Cell Confinement

3.(1) Structured, Rehabilitative & Educational Programming NC

BC

BC

PC

3.(2) Appropriate Access to Living Unit

NC

NC

NC

BC

3.(3) Dangerous Residents

NC

NC

NC

BC

3.(4) Isolation

NC

NC

BC

PC

3.(5) Direct Care Staff on Units

BC

BC

BC

PC

Provision

Structured Programming

4

Educational, Rehabilitative, and/or Recreational Programs

Provision
5.(1) 5.(2) 5.(3) 5.(4) 5.(5) 5.(6)

Individualized Treatment Plans/Treatment Program for Post-Disposition Residents
Residents Access to Adequate Rehabilitative Services Health and/or Substance Abuse Treatment Treatment Plans Review of Individual Treatment Plans Evening and Weekend Programs and Activities Quality Assurance Program

Provision

Disciplinary Practices and Procedures

6.(1) Implement a Discipline Policy and Practice

6.(2) Policy for Residents Violations

7th Report
NC

8th

9th

10th

Report Report Report

BC

BC

BC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

PC

PC

PC

PC

NC

NC

NC

BC

NC

NC

NC

BC

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Provision

Use of Restraints

7.(1) Mechanical Restraints

BC

7.(2) Mechanical Restraints – Transportation

BC

7.(3) Misuse of Mechanical Restraints

PC

7.(4) Mental Health – Use of Mechanical Restraints

BC

7.(5) No Restraint Chairs, Chemical Restraints and/or Tasers SC

7.(6) No Hogtying in Facility

SC

7.(7) Mechanical Restraints – One-On-One Supervision

PC

7.(8) Mechanical Restraints – Notice to Medical Professional BC

7.(9) No Electronic Restraints

SC

7.(10) No Firearms in Facility

SC

BC

PC

SC

PC

SC

SC

PC

SC

SC

BC

BC

BC

SC

SC SC*

SC

SC SC*

PC

SC

SC

BC

PC

SC

SC

SC SC*

SC

SC SC*

Provision

Use of Force

8.(1) No Misuse of Use of Force

8.(2) Notice to Medical Professional After Use of Force

NC

NC

NC

BC

PC

PC

PC

PC

Provision 9.(1) 9.(2) 9.(3)

Meals and Nutrition All Meals and Snacks Must Be Nutritional Comply with Nutrition Guidelines Provide Drinking Water Throughout the Day

PC

PC

PC

PC

BC

BC

BC

PC

PC

SC

PC

SC

Provision

Clothing

10

Provide Basic Clothing Items

PC

PC

PC

SC

Provision

Hygiene and Sanitation

7th

8th

9th

10th

Report Report Report Report

11.(1) Provide Appropriate Hygiene Products

PC

PC

PC

SC

11.(2) Provide Sleeping Mats and Blankets

PC

PC

SC

SC

11.(3) No Deprivation of Mats and Blankets

PC

SC

SC

SC*

11.(4) Sufficient Sanitary Mats and Blankets

SC

SC

SC

SC*

11.(5) Clean and Sanitary Environment

BC

BC

BC

PC

11.(6)

Fire Safety, Weather Emergencies, Sanitation Practices, Food Safety, and Provide Safe Environment

BC

BC

BC

PC

11.(7) Clean Drinking Glasses and Eating Utensils

PC

PC

PC

SC

Provision 12.(1) 12.(2)
12.(3)

Medical Care Provide Residents With Adequate Medical Care Provide Medical Professional When Needed Implement a Sick Call Policy to Ensure 24 Hour Services

NC

NC

NC

BC

NC

NC

NC

BC

NC

NC

NC

BC

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12.(4)

Prescription Medications Only Dispensed by Medical Staff

NC

NC

NC

BC

12.(5) Provide Medical and Mental Health Services

NC

NC

NC

BC

12.(6)

Proper Monitoring Residents Who Require Individualized Attention

NC

NC

BC

BC

Provision 13.(1) 13.(2)
13.(3)
13.(4) 13.(5)
13.(6)

Mental Health Care Provide Adequate Mental Health Care Residents and Psychotropic Medications Within 72 Hours of Admittance Complete an Individual Mental Health Treatment Plan Implement Policies and Procedures for Referrals Sufficient Psychiatric Services Psychiatrist and/or Counselors to Record Review to Ensure Proper Care

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

Provision

Suicide Prevention

14.(1) Multi-tiered Suicide Prevention Policy

BC

BC

BC

BC

14.(2)

Evaluate Highest Level of Suicide Watch Every 12 Hours by Medical Professional

BC

BC

BC

BC

14.(3)

Closely Monitor Suicide Watch Residents During All Activities

BC

BC

BC

BC

14.(4)

Court Shall be Notified Within 24 Hours of Any Residents on Suicide Watch

BC

BC

BC

BC

Provision 15.(1) 15.(2) 15.(3) 15.(4)

Family Support and Interaction Visitation Shall Not Be Restricted or Withheld Provide Accommodations for Contact Visits Visitation Shall be Regularly Scheduled Phone Calls Shall be Allowed Based on Policy

PC

SC

SC

SC*

SC

SC

SC

SC*

SC

SC

SC

SC*

PC

PC

PC

PC

Provision

Miscellaneous Provisions

16.(1) Provide Equal Access To All Services

BC

BC

BC

PC

16.(2)

Provide the Opportunity To Participate In Large Muscle Exercise Every Day

NC

NC

NC

BC

16.(3)

Prohibit the Use of Profanity in the Presence of Residents

BC

BC

BC

BC

16.(4) Provide Adequate Grievance Policy

BC

BC

PC

PC

16.(5)

Provide Residents of All Ages With the Opportunity to See Their Attorney and/or Residents Court Counselor

BC

BC

BC

BC

SC* denotes the areas that have been eliminated under the Amended Consent Decree dated

March 25, 2016.

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The following are my observations and recommendations specific to the provisions of this agreement.

1. Intake
Provision1.1 Intake
Status Discussion

All residents admitted to Henley-Young shall receive a health screening, within 1 hour of admission or as soon as possible as reasonably thereafter, by appropriately trained staff as required by Mississippi Code Annotated § 43-21321. Information obtained during the screening shall include, but shall not be limited to, the juvenile’s: (a) Mental health; (b) Suicide risk; (c) Alcohol and other drug use and abuse; (d) Physical health; (e) Aggressive behavior; (f) Family relations; (g) Peer relations; (h) Social skills; (i) Educational status; and (j) Vocational status.” Mississippi Code Ann. § 43-21-321(1). During this screening, Henley-Young shall obtain information regarding the resident’s educational status by having the residents or intake officer complete an education screening form developed and provided by the Jackson Public School District.
Non-Compliance
See previous report and Dr. Boesky’s updated recommendations. The County is in the process of hiring certified mental health professionals. Based on my discussion with facility Director, the County is developing a scope of service that would include the following areas of mental health services being provided for the youth at Henley Young:
1. Psychiatric evaluations 2. Medication management 3. Therapy services (individual, group and family) 4. Follow-up case management 5. Patient and family education 6. Specializes in the treatment of mentally ill pregnant females 7. Tele-psychiatric services

Recommendations

There continues to be youth who are entering the facility who are identified based on the MAYSI-2 screening as suicidal and/or at mental health risks that are not being addressed. This creates a possible safety and security breach for the facility. When children are in mental health crises their behavior is even more unpredictable than ever.
1. Fully develop admitting policies and procedures to reflect provision 2. The court should provide staffing for intake purposes 3. The facility should provide enough staff to fully cover the care and
custody issues in the facility 4. Ensure all staff who admit residents are properly trained 5. Develop training records 6. Provide documentation in an organized way on residents being
screened/admitted (files)

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7. Ensure all residents’ records are available for my review with all areas of the provisions placed in the resident’s file
8. See Dr. Boesky's updated report/recommendations.
Document review, observation, interviews

Provision 1.2 Intake
Status Discussion

All residents shall receive a MAYSI-2 mental health screening upon admission, as required by Mississippi Code Annotated § 43-21-321. The screening will be conducted in private by appropriately trained staff of Henley-Young. If the screening indicates that the residents is in need of emergency medical care or mental health intervention including, but not limited to, major depression, suicidal ideation, withdrawal from drugs or alcohol, or trauma, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation immediately or as soon as reasonably possible.
Non-Compliance
See previous report and Dr. Boesky’s updated recommendations. However the County is in the process of hiring certified mental health professionals.
The status of this provision remains as non-compliance. As stated in my last report (9th), the facility needs first to answer the following questions below; then follow the recommendations.
A. What are the program objectives for mental health screening?
B. What are the characteristics or common traits the program wants to identify for emergency or follow-up clinical consultation?
C. What MAYSI-2 scores will the facility use as the signal for the program staff to obtain clinical consultation or services?
D. What mental health follow-up services are available when the resident’s MAYSI-2 score indicates that they are needed?
E. In what way will the facility develop a database that creates a profile of mental health needs in the population and program \decisions and adjustments needed to improve mental health services for the residents?
In addition to this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
Develop and follow mental health plan.

Recommendations

1. Develop comprehensive policy and procedures for this provision.

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2. Develop resident files that are organized and arranged properly 3. Develop training and provide documentation of training 4. Identify person or person(s) whose responsibility is to score the
instrument 5. Provide documentation on who reviews the instrument and note what
services are provided for the residents in the facility and what services should continue when the residents leave the facility 6. Develop process whereby facility staff and court employees develop a system for the sharing of information and reviewing of residents’ files which are centrally located and accessible to detention staff. 7. Develop plan 8. See Dr. Boesky's report/recommendations.
Document review, observation, interviews

Provision 1.3 Intake
Status Discussion

Prescription medications will be secured for all residents who have a valid, current prescription within 8 hours of admission, if possible, but in no case, longer than 24 hours after admission, including weekends and holidays. If during a resident’s detention, a medical professional either prescribes a new medication or renews a resident’s previous prescription medication, HenleyYoung will secure the prescription medication within 8 hours of receiving the prescription, if possible, but in no case, longer than 24 hours after receiving the new prescription, including weekends and holidays. Henley-Young shall procure and/or purchase all prescription medications prescribed to confined residents.
Beginning Compliance
See Dr. Ezike’s updated report. In addition, I reviewed the medication and prescription policies and procedures as it relates to medical therefore the facility needs to ensure compliance with this provision.

Recommendations 26

1. Hire a Medical Doctor, physician’s assistant or a practitioner. This person must be involved in developing the medical department and to direct medical care.
2. Maintain written policy and procedures and protocols for this provision 3. Document staff training on distribution and side effects of medication 4. Provide documentation on efforts to obtain prescription drugs 5. See Dr. Ezike’s report and recommendation.

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Evidentiary Basis Document review, observation, interviews

Provision 1.4 Intake
Status
Discussion

Upon admission to Henley-Young, all residents shall be offered a snack or meal in compliance with the United States Department of Agriculture’s School Meals Program standards.
Substantial Compliance*
The facility has maintained substantial compliance on this provision based on my observation, interviews and review.

Recommendations Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation, interviews

Provision 1.5 Intake Status Discussion
Recommendations

Upon admission to Henley-Young, all residents shall be permitted to telephone a parent or legal guardian free of charge and to take a shower before being placed on the pod.
Substantial Compliance*
The facility has remained at substantial compliance on this provision, based on my observation and review.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation, interviews

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Provision 1.6 Intake
Status Discussion

Within 60 days of the date of this agreement, Henley-Young shall develop and implement policies that limit strip searches to instances where Henley-Young staff has an articulable suspicion that a resident may possess weapons or contraband. Anytime a strip search is conducted, Henley-Young staff must document, in writing, their suspicion, obtain permission from a supervisor, and conduct the search in a manner that minimizes the intrusion into the resident’s privacy.
Partial Compliance
The status of this provision remains at partial compliance. There shall be a logbook developed to ensure that there is proper documentation and notification of supervisors to ensure permission is obtained prior to search. Please see previous report and my discussion on safety and security.

Recommendations

1. Staff must be provided with the necessary training with information stating the trainer, name of the training class/course, time, date and location of training.
2. This documentation should be kept and logged in facility records. 3. Continue to provide enough staff for adequate coverage 24/7.

Evidentiary Basis Document review, observation, interviews

Although, this provision may need modification later; it will be reviewed carefully to ensure that safety and security is at the forefront of youth entering the facility. I recognize that Hinds County has ceased its practice of strip searching residents during the admission process at Henley-Young unless there is an articulable suspicion that a resident possesses weapons, drugs, or contraband and is in the process of implementing a policy that complies with the consent decree.

2 Staffing and Overcrowding

Provision 2.1 Staffing and Overcrowding

Within 90 days of the date of this agreement, Henley-Young shall operate with a direct care staff to resident ratio of 1:8 from the hours of 6:00 a.m. until 10:00 p.m. and a ratio of 1:10 from the hours of 10:00 p.m. to 6:00 a.m.

Status

Beginning Compliance

Discussion

The status of this provision has moved to beginning compliance. The facility has hired adequate direct care staff and is in the process of hiring case managers and mental health professionals.

The County should be commended for providing adequate funding and ensuring that the population is capped at 32.

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The staffing now lends itself to a more professional, safe and secure environment for staff and youth. Facilities that are properly staffed and trained are safer and conditions of confinements and accountability are improved.

Recommendations Units

Day Shift Evening Shift Night Shift Total

A officer

3

3

2

8

B officer C officer

3

3

2

8

3

3

2

8

D officer

3

3

2

8

Intake

1

1

Master Control

1

1

Staff for Court

Transportation

2

2

Internal

Transportation

2

2

Laundry

2

2

*Director

1

*Deputy Director

1

*Operation

1

Manager

Supervisors

3

3

26

23

Duty Post Staffing/Administration

1

3

1

3

4

4 4

2

8

12

61

61 Direct care/supervisor/laundry staffing X 1.5 Relief Factor—Total staff needed to effectively operate the facility—91.5 1 to 8 Awake—1 to 10 Sleep

Evidentiary Basis

Misc. post coverage Medical/MH Hospital Runs One on One MH/Medical Visitation *Administration *Maintenance
Document review, observation, interviews

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Provision 2.2 Staffing and Overcrowding
Status Discussion

If the staff-to-residents ratio falls below the requirements of section 2.1 for longer than two (2) days, the Director or his assignee shall immediately identify residents accused of nonviolent offenses who are eligible for less restrictive alternatives to secure detention and request an emergency release for eligible residents from the appropriate Residents Court. The maximum capacity of Henley-Young shall be calculated by determining how many direct care staff members can supervise residents in accordance with section 2.1. The current maximum capacity of Henley-Young is 84.
Substantial Compliance*
The facility continues to be in substantial compliance.

Recommendations Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.
Evidentiary Basis Document review, observation, interviews

Provision 2.3 Staffing and Overcrowding Status
Discussion

No more than one resident shall be placed in a one-person cell.
Substantial Compliance* The facility continues to be in substantial compliance on this provision.

Recommendations

Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation

3 Cell Confinement

Provision 3.1 Cell Confinement

Residents shall be engaged in structured, rehabilitative, and educational programming outside of their cells during the hours of 7:00 a.m. to 9:00 p.m. each day, including weekends and holidays.

Status

Partial Compliance

Discussion

The facility moved to partial compliance. The facility should continue to improve on its documentation and ensuring that staff members are following policies and procedures as it relates to cell confinement. As stated in my introduction there are still occasions when youths are placed in

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confinement without proper documentation. However, there is a major improvement from my last visit. The facility should continue to follow the recommendations below. It should also ensure that staff is properly trained and that supervision from the administrative level periodically walks through the facility to ensure compliance. The facility should continue to follow the recommendations below to ensure that the award and incentive programs are fully developed to include youth who are receiving mental health services.

Recommendations

1. Maintain policies and procedures for this provision. 2. Review the schedules to be sure that they adequately reflect all daily
activities. 3. Develop positive behavior management systems with rewards and
consequences. 4. Remove the dark film from the Plexiglas in towers on unit which
would allow staff to view the unit without there being visual obstruction (when lights on).Executed 5. Develop monthly recreation schedule. 6. See all of the recommendations for recreation activities and programming and for the school in the introduction. 7. Purchase frames for facility activities and schedule 8. Hire recreation staff 9. Fully develop award and incentive program

Evidentiary Basis Document review, observation, interviews

Provision 3.2 Cell Confinement
Status Discussion

Except when residents are in protective custody or confined subject to section 3.3 of this Settlement Agreement, residents placed in the Suicide or Booking cells shall be allowed to spend the hours of 7:00 a.m. to 9:00 p.m. on the appropriate living unit and to have the opportunity to engage in structured, rehabilitative, and educational programming, unless medically counter-indicated.
Beginning Compliance
The status of this provision has moved to beginning compliance. During my review of documents, observations and discussion with youths I found no indication of youth being placed in the booking area. They were kept on their appropriate units. The facility must ensure youth who are placed on suicide precautions or watch are allowed to engage in all structured, rehabilitative, and educational programs.

Recommendations

1. Continue to follow recommendations as set forth in section 3.1. 2. Continue to maintain adequate policies and procedures for this
provision.

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3. Develop data collection for residents who are placed in protective custody or confinement.
4. Residents who are removed from school should continue to be placed in a designated living area.
Document review, observation, interviews

Provision 3.3 Cell Confinement
Status Discussion

Residents who pose an immediate, serious threat of bodily injury to others may be confined in their cells for no longer than 12 hours at a time without administrative approval. Residents who are placed on cell confinement for this reason shall be released from their cells daily to attend school, maintain appropriate personal hygiene and to engage in one hour of large muscle exercise. Staff must perform visual checks on residents who are subject to cell confinement every 15 minutes. Staff must document all instances of cell confinement in writing and must document the justification for determining that a resident poses an immediate, serious threat of bodily injury.
Beginning Compliance
The status of this provision has moved to beginning compliance. Based on my review of documents, interviews with residents and staff and observation, residents that are still being confined in their cells for long periods of time have appropriate documentation with some exceptions as stated in my introduction.

Recommendations

1. Continue to ensure staff are following policies and procedures for this provision.
2. For residents placed in their rooms, ensure the forms that have been developed are being used to indicate the time residents will be in their rooms and post it on their doors.
3. Continue to ensure that officer(s) sign off on the form in 15 minute staggered visual checks when residents are placed in their rooms and supervisors sign each hour.
4. Continue to develop a system of major and minor consequences for behavior.
5. Develop form for 15 minute checks and include in policy.(Executed)

Evidentiary Basis Document review, observation, interviews

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Provision 3.4 Cell Confinement
Status
Discussion

Residents shall not be automatically subjected to cell confinement and/or isolation upon their admission to Henley-Young unless he or she would be subject to cell confinement under section 3.3.
Partial Compliance
The status of this provision has moved to partial compliance. The facility should continue to follow the policies and procedures as it relates to this provision.

Recommendations

1. Continue to maintain adequate policies and procedures for this provision.
2. Continue to ensure all staff is trained and document training. 3. See provision 3.3 4. Continue to ensure practice is consistent with policy and procedures. 5. Continue to ensure there is adequate staffing and supervision for this
area

Evidentiary Basis Document review, observation

Provision 3.5 Cell Confinement
Status Discussion

At all times between the hours of 7:00 a.m. to 10:00 p.m., at least one direct care staff shall be stationed on any living unit where two or more residents are placed, and direct care staff shall be actively engaged with residents. From 10:00 p.m. to 7:00 a.m., staff shall conduct visual checks on residents every 15 minutes. Henley-Young shall ensure that every cell has an operating intercom that allows residents to communicate with staff at all times.
Partial Compliance
This provision moved to partial compliance. Based on my review and observation, I found that staff is now in the living areas where the youths are. This is due in part to the adequacy of staff and the population cap at 32 which provides for staff to monitor and supervise without there being an interruption in programming.

Recommendations

1. Continue to maintain adequate policies and procedures for this provision.
2. Continue to maintain adequate staffing. 3. Continue to maintain Provide adequate staff supervision. 4. See my last report 5. Continue to maintain review the deployment of staffing

Evidentiary Basis Document review, observation, interviews

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4. Structured Programming

Provision 4 Structured Programming

Henley-Young shall administer a daily program, including weekends and holidays, to provide structured educational, rehabilitative, and/or recreational programs for residents during all hours those residents shall be permitted out of their cells, pursuant to section 3.1. Programming shall include:
a. activities which are varied and appropriate to the ages of the residents;
b. structured and supervised activities which are intended to alleviate idleness and develop concepts of cooperation and sportsmanship; and
c. Supervised small group leisure activities, such as a wide variety of card and table games, arts and crafts, or book club discussions.

Status

Beginning Compliance

Discussion

The status of this provision remains at beginning compliance.

Based on my review of documents, staff and youth discussion and observation, the facility is improving in developing an adequate structure programming. The facility has hired an additional recreation specialist who is developing programming for boys and girls. However there is a need to purchase adequate equipment, games etc. for youth and to develop a monthly schedule that provides details for activities.

As stated in my previous report, the programming must have the following;

A. Comprehensive policies and procedures B. Reasonable rules and expectations C. Order D. Organization and clarity F. Clear rewards and incentives G. Reasonable and consistently implemented sanctions H. Case management to ensure youth are there is a collaborative process that assesses, plans, implements, coordinates, monitors, and evaluates the options and progress youth are making during their stay.

Recommendations

Also please see Ms. Carol Cramer-Brooks’ updated report. It should be noted that education is a major component of programming in a juvenile facility therefore programming, scheduling and school should be tied together.
1. Continue to develop adequate policies and procedures for this provision.

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2. Provide adequate schedules for weekdays and weekend programming and act on it.
3. Develop an adequate monthly recreation schedule with age appropriate games and programs.
4. The facility need to hire an officer dedicated to developing and monitoring recreational programs.(Executed)
5. Hire case management staff.
Document review, observation, interviews

5. Individualized Treatment Plans Treatment For Post-Disposition Residents

Provision 5.1 Individualized Treatment Plans Treatment Program for PostDisposition Residents

Henley-Young shall ensure that residents have access to adequate rehabilitative services. Henley-Young shall ensure that children placed in the facility post-disposition will receive constitutionally compliant rehabilitative services.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance. The facility still needs to hire case managers and develops adequate policies and procedure and training.

See the discussion of the 89 day program in the Introduction.

Since there is no structured programming outside of individual counseling, the County needs to hire case managers to provide initial and ongoing case management services (i.e. treatment planning, family assessments, educational assessments, referrals for mental health or health services). Also the case manager will identify indicators of goals achieved, specify the person responsible for implementing the resident’s and family’s treatment goals; update treatment plans; and develop discharge plans with recommendations. In addition, the facility needs counselors who are responsible for a resident’s safe adjustment to secure confinement.

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Recommendations

In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Develop adequate policy and procedures to meet this provision. 2. Either fund properly or discontinue the 89 day program. 3. Review residents in program who are in program for minor offenses
(i.e., disturbing the family peace) and find alternative placement for them. 4. Fund appropriate staffing to develop individualized treatment plans for residents in 89 day program. 5. Develop and fund alternative community programming for residents in 89 day program that can be serviced in community. 6. Hire 3 case managers who are assigned and work for the facility director. 7. Hire case management staff.

Evidentiary Basis Document review, observation, interviews

Provision 5.2 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall ensure that residents in need of mental health and/or substance abuse treatment and/or who are in the facility post disposition shall have appropriate treatment plans developed and implemented in accordance with generally accepted professional standards of practice for mental health and rehabilitative services.
Non-Compliance
The status of this provision remains as non-compliance. The facility still needs to hire case managers and develops adequate policies and procedure and training.

Again, see the technical assistance provided to the court dated November, 2014. Also see introduction on 89 day program. There has only been a name change to the program. However, there is still the need to hire case managers to create a possible treatment program if the county intends to meet this provision.

In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this

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official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Develop adequate policies and procedures for this provision. 2. See recommendations under (5.1). 3. Hire case management staff. 4. Purchase case management system

Evidentiary Basis Document review, observation, interviews

Provision 5.3 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status Discussion

Henley-Young shall implement policies and procedures for the required content of treatment plans, which shall include;
a. That the treatment plan be individualized; b. An identification of the mental and/or behavioral health and/or
rehabilitative issues to be addressed; c. A description of any mental health, medication or medical course
of action to be pursued, including the initiation of psychotropic medication; d. A description of planned activities to monitor the efficacy of any medication of the possibility of side effects; e. A description of any behavioral management plan or strategies to be undertaken; f. A description of any counseling or psychotherapy to be provided; g. A determination of whether the type or level of treatment needed can be provided in the resident’s current placement; and h. A plan for monitoring the course of treatment, and if necessary, for revising the treatment plan. i. A description of the precise terms the of the facility’s long-term and short-term objectives for the residents, the full range of services to be provided, and procedures, and timetables and staff assignments for the implementation of such treatment plan; j. A plan for regularly engaging the family in the resident’s treatment plan; k. A comprehensive re-entry plan that will assist the residents re-enroll in their home school and access medical, mental health, Vocational and rehabilitative services based in the community.
Non-Compliance
The status of this provision remains as non-compliance. The facility still needs to hire case managers and develops adequate policies and procedure and training.

In addition for this report, Dr. Ngozi Ezike, an expert medical physician, with expertise in juvenile detention health services reviewed medical services and Dr. Lisa Boesky, an expert mental health consultant, reviewed

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Recommendations

mental health services within Henley-Young Juvenile Detention Facility. Dr. Ezike’s and Dr. Boesky’s reports were submitted prior to this official report to give the facility an opportunity to begin implementation of their recommendations (see exhibit).
1. Develop comprehensive policies and procedures for this provision that includes the contents (A-K).
2. The County/Court shall define the criteria for the program a. It is important that post dispositional programs in other facilities be reviewed. b. Often seeing what is being done in other facilities provides insight into how to develop and operate these programs.
3. Provide dedicated staff to manage program. 4. Provide intensive training to these staff members.
a. Train staff in various treatment modalities i.e. cognition, behavioral modification, modeling, psychotherapy, reality therapy, group therapy and group dynamics and other skills required to successfully facilitate the goals of the 89 day program.
b. Create treatment teams c. Develop case planning and program development d. Assessment of the program to determine if it meets the needs
of the court placed residents. e. Assessment tool to regularly monitor the success or lack of
success of all residents in the program. 5. Provide auxiliary training to all other direct care staff. 6. Hire case management staff.

Evidentiary Basis Document review, observation, interviews

Provision 5.4 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall institute a program of periodic staff reviews every three weeks and evaluations of each resident’s progress under his/her individualized treatment plan and of the appropriateness of the plan itself and Henley-Young’s plan for such review.
Non-Compliance The status of this provision remains as non-compliance. The facility still needs to hire case managers and develops adequate policies and procedure and training.

In addition for this report, Dr. Ngozi Ezike, an expert medical physician, with expertise in juvenile detention health services reviewed medical

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Recommendations

services and Dr. Lisa Boesky, an expert mental health consultant, reviewed mental health services within Henley-Young Juvenile Detention Facility. Dr. Ezike’s and Dr. Boesky’s reports were submitted prior to this official report to give the facility an opportunity to begin implementation of their recommendations (see exhibit).
1. Develop comprehensive policies and procedures for this provision. 2. Provide training to all staff. 3. Identify roles and responsibilities of direct care, treatment and
educational staff as it relates to the staffing for 89 day program through policies and procedures and adequate funding and staffing. 4. Hire case management staff.

Evidentiary Basis Document review, observation, interviews

Provision 5.5 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement a program that provides for evening and weekend programs and activities that allow residents to engage in meaningful activities.
Non-Compliance The status of this provision remains as non-compliance. The facility still needs to hire case managers and develops adequate policies and procedure and training.

See the technical assistance provided to the court dated November, 2014.

Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating the actions and recommendations from my previous report below. The programming of the facility is at a standstill as it relates to this provision. There are very few activities on weekends therefore there is no meaningful programmatic, structured activities except for card playing and dominoes. Take note of the discussion of these issues in the introduction.

Recommendations

1. Develop comprehensive policies and procedures to meet the needs for this provision.
2. Provide adequate staffing for this program. 3. Develop a monthly recreational program with activities. 4. Keep records of activities provided and note those that were not
provided and why.

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5. Purchase board games etc. 6. Hire recreational staff. (executed) 7. Hire case management staff.
Document review, observation, interviews

Provision 5.6 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement an adequate quality assurance program.
Partial Compliance This provision remains at partial compliance. The QA department at Henley-Young continues to develop their data fields. There is significant improvement from no data to what is being developed now. The QA staff should be commended and encouraged to continue their effort. Based on my discussion with the administration, the county's IT department will be working with the facility to create and develop data sets that will produce reports that will provide the facility with the system to evaluate the current operations and provide the facility with information that will help them make better decisions as administrators and as facility operators.

Now the following is needed:  I will provide the facility with templates for assistance in the full development of this process.  QA Data Collection Info  See introduction

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Recommendations 41

1. Develop comprehensive policies and procedures to meet the needs for this provision for the facility, school program and SICU program.
2. Health Care: continuously assess the quality and adequacy of the health services provided, accurately evaluate the performance of staff providing health services and address identified deficiencies.
3. Recreation and Social programs: continuously assess the quality and adequacy of social and recreational programming provided; accurately evaluate the performance of staff in providing these programs.
4. Environmental Health and Safety: continuously assess the quality and adequacy of environmental health and safety, accurately evaluate the performance of staff in providing a safe and healthy environment and properly address identified deficiencies.
5. Discipline and order: continuously monitor use of discipline and promptly address misuse or over use of discipline and other identified deficiencies.

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6. The facility must continue to develop monthly performance measures to indicate achievement in the desired area.
7. Review State of Florida Quality Assurance Model and for assistance in developing contact CJCA Performance Based Standard for Juvenile Detention Programs, also use ACA standards to establish policy guidelines.
8. Develop data collection system 9. See introduction
Document review, observation, interviews

6 Due Process/Isolation/Disciplinary Practices and Procedures

Provision 6.1 Disciplinary Practices and Procedures

Henley-Young shall implement a discipline policy and practice that incorporates positive behavior interventions and support. This policy shall include guidelines for imposing graduated sanctions for rule violations and positive incentives for good behavior.

Status

Beginning Compliance

Discussion

This provision has moved to beginning compliance. A review of the documents, interviews with staff and youth, I found that the facility is providing due process for youths involved in disorderly and disruptive behavior. However, the facility still needs to develop a process for youth who have been identified and are receiving mental health services.

Recommendations

1. Continue to maintain adequate policies and procedures for this provision.
2. Ensure youth are familiar with the rules and regulations of the facility during the orientation process and ongoing thereafter.
3. Ensure residents are receiving and understand the resident handbooks during orientation and sign for it. a) They shall include resident’s rights, major and minor rule violations and the grievance policy. b) The handbook will explain to residents in their own language the rules and shall also be explained by staff that will have them sign and date a form indicating that both processes have occurred. c) These rules shall be posted on each unit.
4. Due process rules shall be posted on each unit. 5. Develop positive behavior intervention programs. 6. Assign and train an independent person(s) to handle due process
isolation hearings. The person(s) must be independent of the unit staff. 7. Ensure residents who are in isolation are provided recreation and
education services.

Evidentiary Basis Document review, observation, interviews

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Provision 6.2 Disciplinary Practices and Procedures
Status Discussion
Recommendations

Residents who violate major rules may be subject to cell confinement for up to 24 hours for a single rule violation. An occasion in which a resident is alleged to have contemporaneously violated multiple major rule violations shall count as a single rule violation for the purposes of this section. No residents shall be confined to a cell for longer than 8 hours for a single rule violation without receiving written notification of the alleged rule violation and the occurrence of a disciplinary review/due process hearing before an impartial staff member, which includes participation by the accused residents. Under no circumstances shall residents be subjected to involuntary cell confinement for longer than 24 hours for disciplinary purposes. Residents who are placed on cell confinement shall be released daily from their cells to attend school, maintain appropriate personal hygiene, and to engage in one hour of large muscle exercise.
Beginning Compliance
This provision has moved to beginning compliance. Although the facility has moved to beginning compliance, there still is a need for educational services to be provided for youth on isolation and behavior management.
1. Continue to maintain policies and procedures for this provision. 2. Develop sheets to place on door of any residents in confinement that
identifies the reason for confinement and is review and signed by supervisor.(Executed) 3. Ensure residents in confinement receive education and recreation services. 4. See 6.1 recommendations. 5. Continue to provide training for all staff on these policies and procedures.

Evidentiary Basis Document review, observation, interviews

7. Use of Restraints

Provision 7.1 Use of Restraints Mechanical

Mechanical restraints shall not be used to punish residents or for the convenience of staff. Mechanical restraints shall only be used to prevent self-harm and/or harm to others, subject to section 7.4, and for transportation to and from court, subject to section 7.2.

Status

Substantial Compliance

Discussion

The status of this provision has moved to substantial compliance. Again, I reiterate it should be noted that well run facilities only use mechanical restraints for transportation or exigent circumstances which may arise at any facility under supervisory approval.

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Recommendations

1. Officers shall continue to receive training on policy and procedures. 2. Officers shall continue be trained on when it is appropriate to use
mechanical restraints. 3. All training shall continue to be documented. 4. The policy will require the documentation of any use of mechanical
restraint and use of force incidents. 5. Restraint log should be implemented. 6. Continue to follow policy

Evidentiary Basis Document review, observation, interviews

Provision 7.2 Use of Restraints Mechanical
Status Discussion
Recommendations

Nothing in this section shall prohibit mechanical restraints from being placed on residents who are being transported to and from court or out of the facility, if staff have reason to believe that a residents presents a flight risk or is an imminent danger to the residents or others, or will engage in violent behavior. However, mechanical restraints should be removed immediately after the resident is placed in a cell and at no time shall a resident be placed in a cell wearing mechanical restraints.
Substantial Compliance
The facility remains at substantial compliance on this provision. Based on my review of documents, interviews with youths and observations at this time I found no indication of overuse of mechanical restraints with the exception of transferring residents out of the facility. This should continue.
1. Continue to develop and provide remedial training for this provision.
2. All training shall continue to be documented. 3. The policy will require the documentation of any use of
mechanical restraint and use of force incidents. 4. Operationalize the edicts of this provision. 5. Additional supervision needed to ensure mechanical restraints are
not misused. 6. Continue to follow the process to remain at SC.

Evidentiary Basis Document review, observation, video recordings and discussion with residents

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Provision 7.3 Use of Restraints Status Discussion
Recommendations

Restraints shall not be used to secure residents to a fixed object such as a restraint chair, bed, post, or chair.
Substantial Compliance
The facility remains at substantial compliance on this provision. Based on my review of documents, interviews with youths and observations at this time I found no indication of overuse of mechanical restraints with the exception of transferring residents out of the facility. However, to remain at substantial compliance the facility continues to follow the recommendations (2, 3 and 4) below.
1. Complete the comprehensive policies and procedures for this provision.
2. Provide training for staff within the facility as described above on this provision and provide documentation of training.
3. Develop and use a mechanical restraint log. 4. Provide training on de-escalation techniques to try to use mechanical
restraints only as a regular part of facility transport. 5. Additional supervision needed to ensure mechanical restraints are
not misused.

Evidentiary Basis Interviews, observation and document review

Provision 7.4 Use of Restraints
Status Discussion

No residents shall be restrained for longer than 15 minutes, unless restraints are approved by a mental health professional or if determined to be necessary under section 7.2 or as reasonably necessary to prevent the residents from engaging in acts of self-harm or harm to others. If a residents must be restrained for longer than 15 minutes in order to prevent self-harm, that residents shall, as quickly as possible, be evaluated by a mental health professional or transported to a mental health facility.
Beginning Compliance
This provision remains at beginning compliance. Please see Dr. Boesky’s updated report.

Recommendations

1. Continue to develop comprehensive policy and procedures for this provision with mental health professionals.
2. Provide training for staff on policy and procedures and document training.
3. Provide training on de-escalation techniques. 4. Develop Mental Health protocols for this provision. 5. Hire mental health professional or agency.

Evidentiary Basis Document review

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Provision 7.5 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not use, or allow on the premises, restraint chairs, chemical restraints and/or tasers.
Substantial Compliance*
I would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation, video

Provision 7.6 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not subject residents to “hogtying,” which is the practice of placing a resident’s face down on a bed, floor, or other surface, and securing the resident’s hands to his feet.
Substantial Compliance*
I would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Observation, document review and interviews

Provision 7.7 Use of Restraints Status Discussion
Recommendations

When a resident is placed in mechanical restraints, staff must provide oneon-one supervision for the duration of the restraint, except when mechanical restraints are deemed to be necessary for the reasons specified in section 7.2.
Substantial Compliance
The status of this provision is maintained at substantial compliance.
The facility should continue with following the recommendations listed below.
1. Continue to provide on-going training for staff on policies and procedures.
2. Continue to document all training provided to all staff. 3. Continue to ensure that residents who are placed in mechanical
restraints are seen by a medical professional. 4. Restraint log should be implemented.

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Evidentiary Basis

5. Continue to ensure additional supervision is provided to ensure mechanical restraints are not misused.
Document review

Provision 7.8 Use of Restraints Status Discussion
Recommendations

Henley-Young shall notify a medical professional whenever a resident is placed in mechanical restraints for reasons other than those specified in section 7.2. A medical professional shall examine the residents as soon as possible after restraints are removed, except when the residents was restrained for the reasons specified in section 7.2.
Substantial Compliance
The status of this provision has moved to substantial compliance.
Based on my review of documents, interviews and discussion, I found that mechanical restraints are rarely used within the facility.
1. Develop comprehensive policies and procedures for this provision.(Executed)
2. Continue to provide training on policies and procedures. 3. Continue to document all training provided to all staff. 4. Continue to ensure that residents who are placed in mechanical
restraints are seen by a medical professional. 5. Continue to ensure that information being reported is accurate and
consistent. 6. Develop a single matching reporting system for the entire facility.

Evidentiary Basis Document review

Provision 7.9 Use of Restraints Status Discussion
Recommendations

Hinds County does not currently and shall not in the future allow officers to enter the secure detention area of the facility with any electronic restraints, including, but not limited to tasers.
Substantial Compliance*
The facility has remained at substantial compliance on this provision based on my most recent visit and my observations and review of documents.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review

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Provision 7.10 Use of Restraints Status Discussion
Recommendations

Henley-Young is required to ensure that no officer enters the secure detention area of the facility with a firearm.
Substantial Compliance*
I would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision. Also see provision 7.9 as it relates to tasers. I would also reiterate under no circumstances should any staff, anyone connected to the facility, and law enforcement etc. have firearms on the premises especially in secure areas. All weapons must be secured in appropriate locked areas of the building.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, Observation

8. Use of Force

Provision 8.1 Use of Force

Physical force shall not be used to punish residents. Staff shall only use physical force to stop residents from causing serious physical injury to self or others or to prevent an escape. If physical force is necessary, staff must use the minimum amount required to safely contain the residents. Whenever possible, staff shall avoid the use of force by first attempting verbal deescalation techniques. Staff shall be required to fully document in writing every instance of use of force.

Status

Beginning Compliance

Discussion

The status of this provision moved to beginning compliance.

The facility has begun to computer some data (i.e. restraints, suicide attempts, self-injury, physical and mechanical restraint types, incident, confinement hours, use of force, and incidents by shifts) which is good information however the monitor will work with the facility to better extrapolate.

Good data will assist the facility in determining answers to some of the following examples:
A. The location of use of force B. The number of use of force incidents C. The number of use of force requiring mechanical restraints D. The type of restraint used E. Grievances F. The number of incidents requiring chemical agents

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G. The number of incidents involving non-lethal security devices (i.e. batons, tasers, etc.)
H. The number of use of force incidents resulting in injury to residents or staff
I. Plan of action to address each incident (i.e. disciplinary action, staff training or remedial training, resident’s isolation, resident’s behavior management, resident’s mental health screening or evaluation etc.)

Recommendations

1. Continue to maintain policy and procedures for this provision. 2. Continue to provide training for on policies and procedures 3. Continue to document all training provided to all staff. 4. Adapt an appropriate curriculum for training staff on the use of
verbal de-escalation skill and safe use of physical restraints or mechanical restraints. 5. Revise form to distinguish between physical and mechanical restraints. 6. Contact the National Partnership for Juvenile Justice for recommendations on training program in this area. 7. Document and file report when there is use of force. 8. Ensure any time use of force is used residents are seen by a medical professional 9. Follow the facility’s chain of command which will reduce staff confusion.

Evidentiary Basis Document review, interviews

Provision 8.2 Use of Force
Status Discussion

Henley-Young shall notify a medical professional, including but not limited to the licensed practical nurse on duty whenever physical force is used against a resident. A medical professional shall examine a resident immediately after the use of physical force.
Partial Compliance
The facility continues to maintain partial compliance. Please see Dr. Ezike’s updated medical report. Please follow the recommendations below.

Recommendations 49

1. Complete procurement of services as quickly as possible. 2. Continue to develop comprehensive policies and procedures for
this provision. 3. Provide on-going training to staff on policies and procedures. 4. Continue to document all training provided to all staff. 5. Review nursing schedule and provide more hours at facility. 6. Provide written documentation of examination of residents by
medical professional in every instance.

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Evidentiary Basis

7. Provide additional medical services after hours and on weekends. (executed)
8. Document and file in resident’s records when there is use of force.
Document review, interviews, observation

9. Meals and Nutrition

Provision 9.1 Meals and Nutrition

Residents shall be provided three meals and a snack daily. If a residents misses a meal because he or she is attending court, or some other appointment, he or she shall receive the missed meal upon his or her return to detention.

Status

Partial Compliance

Discussion

The status of this provision remains as partial compliance. Please see the introduction.

Recommendations

1. Continue to review portions to ensure residents receive enough food during meals.
2. Develop policy and procedures for this provision.(executed) 3. Continue to provide training for kitchen staff and all other staff
members involved with handling food and preparing meals. 4. Continue to document compliance with this provision. 5. Food should be served in a timely manner and consistent with
facility schedule once developed. 6. Review the National Food Service Management Institute from the
University of Mississippi that details “Food Safety Facts”. 7. Food service area is in need for maintenance, repair and cleanliness.

Evidentiary Basis Document review, observation, interviews

Provision 9.2 Meals and Nutrition Status
Discussion

All meals and snacks served to residents at Henley-Young shall, at a minimum, comply with the nutrition guidelines set forth in the United States Department of Agriculture’s School Meals Program standards.
Partial Compliance
The status of this provision moved to partial compliance. During my observation, interviews with youth, I found the meals that are being served are much better and visual pleasing. However youths are still complaining of not having enough food. Please see introduction.

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Recommendations

1. Develop policy and procedures for this provision(executed) 2. Provide training for kitchen staff and all other staff members involved
with handling food and preparing meals.

Evidentiary Basis Document review, observation, interviews

Provision 9.3 Meals and Nutrition Status
Discussion

Residents shall be provided access to drinking water throughout the day.
Substantial Compliance The facility has been moved to substantial compliance on this provision. Based on my review and observations, I found that youth had access to water. However, I am still recommending that the water fountains on the units and in the youths cells be operable.

Recommendations

1. Contact County or State Environmental office to conduct test on water system. (executed)
2. Continue to ensure residents receive water during school and recreational periods and at night.
3. Develop a policy for incidents regarding water quality and procedures to address them.
4. Repair inoperable drinking fountains.

Evidentiary Basis Document review, observation, interviews

10. Clothing
Provision 10 Clothing

Henley-Young shall provide basic clothing items for residents at all times. These items must include, at a minimum, socks, underwear, uniform, shoes, and undershirts. For girls, these items must also include a brassiere. When appropriate, Henley-Young shall also provide residents with a coat, hat, and gloves. Residents must be provided with a clean uniform, socks, undershirt, underwear, and brassiere, if applicable, upon intake and at least once per day. No residents shall be deprived of these basic clothing items for any reason, including, but not limited to, as a punishment, because these items are being washed, or due to overcrowding.

Status

Substantial Compliance

Discussion

The facility has moved to substantial compliance on this provision. It should be noted the laundry personnel has done an outstanding job ensuring that tattered, dingy, and not usable clothing is discarded. The facility has also

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developed a property inventory system for discarding the above mentioned articles.

Recommendation Evidentiary Basis

1. Continue to check washer and dryer to ensure they are working properly.
2. Continue to ensure that girls and boys are equally involved in cleaning and folding clothes.
3. Hire 2 laundry staff to ensure clothing is handled properly. (executed)
4. Continue to ensure that all staff and residents wear protective material (smocks and gloves) when handling chemicals and clothing.
5. Continue to discard clothing that is torn, dingy and in poor condition. 6. Develop a system for replacing clothing on a regular and consistent
basis. (executed) 7. Develop schedule for distribution. (executed) 8. Develop a system for prewashing clothing (i.e. undergarments etc.)
(executed)
Document review, observation, interviews, photographs

11. Hygiene and Sanitation

Provision 11.1 Hygiene and Sanitation

Residents shall be provided with the means to maintain appropriate hygiene, including soap and shampoo for showers, which will occur at least once daily, soap for washing hands after each time the residents uses the toilet, and toothpaste and a toothbrush for tooth brushing, which will occur at least twice daily, a comb and brush, that if shared, shall be sterilized between uses by residents. Girls must be provided with panty liners on a daily basis and other feminine products as needed. Residents will be issued a comb and brush upon entering the facility; however, if residents are issued a recycled comb or brush or a comb or brush that has been used by another residents, Henley-Young shall ensure that the comb and brush is sterilized and in good condition.

Status

Substantial Compliance

Discussion

The facility has moved to substantial compliance on this provision. I would still also recommend that a licensed barber and/or beautician be retained.

Recommendations 52

1. Ensure that hygiene kits are properly labeled and residents are not sharing each other’s hygiene products or items. (executed)
2. Ensure items such as hair brushes, if shared, are sterilized and in good condition. (executed)

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Evidentiary Basis

3. Continue to provide training for staff on these policies and procedures.
4. Ensure that clean face towels are available for residents. (executed) 5. Develop a schedule for distribution of hygiene kits. (executed) 6. Retain a licensed barber and/or beautician.
Document review, observation, interviews

Provision 11.2 Hygiene and Sanitation
Status
Discussion

Residents shall be provided with sleeping mats and blankets that are clean and odorless sleeping mats shall be sanitized between uses by residents, and residents shall receive clean blankets weekly.
Substantial Compliance
The status of this provision remains at substantial compliance. Based on my review of documents and observation, the facility needs to continue to ensure that mattresses and blankets are discarded properly.

Recommendations

Policies and procedures have been developed. The facility has provided training to ensure that the process outlined in the policies and procedures is followed. The facility needs to continue to monitor the condition of the blankets and mattresses for signs of holes and tattering The facility needs to continue to follow the recommendations below.
1. Continue to discard all blankets and mattresses that are tattered and have holes in them.
2. Clean and maintain laundry area in orderly fashion. 3. Develop forms or system of documentation for distribution and
inventory (executed) 4. Label and designate an area for towels, sheets, clothing etc.
(executed)

Evidentiary Basis Document review, observation

Provision 11.3 Hygiene and Sanitation Status
Discussion
Recommendations

Under no circumstances shall residents be deprived of mats and blankets.
Substantial Compliance* The facility remains at substantial compliance.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

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Evidence

Observation, and document review

Provision 11.4 Hygiene and Sanitation Status
Discussion
Recommendations

Henley-Young shall maintain a sufficient number of clean, sanitary mats and blankets that correspond with the facility’s maximum capacity.
Substantial Compliance* The facility remains at substantial compliance.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Observation and document review

Provision 11.5 Hygiene and Sanitation
Status

Residents shall be provided with a clean, sanitary environment. Partial Compliance

Discussion Recommendations

The status of this provision moved to partial compliance. The facility at this time is much cleaner however there are areas that are in need of additional clean-up. The facility has faced several difficulties as it relates to the environment (water shortages) were youth where evacuated to other youth facilities. Although it was no fault of the facility; the problem still needs to be addressed. See introduction.
1. Develop policies and procedures for this provision. (executed) 2. See areas in discussion that should be addressed. 3. Develop housekeeping and cleaning schedule. 4. Develop checklist or inspection report for each unit and area of
building. 5. Develop work order system to ensure that when problem arise they
are addressed. 6. Develop corrective action plans as needed. 7. Provide training for staff on policy and procedures. 8. Ensure delivered food items are dated and rotated from old to new.

Evidentiary Basis Document review, observation, interviews

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Provision 11.6 Hygiene and Sanitation
Status
Discussion

Hinds County shall ensure that Henley-Young complies with relevant law regarding fire safety, weather emergencies, sanitation practices, food safety, and the elimination and management of environmental toxins.
Partial Compliance
The status of this provision moved to partial compliance. The facility During my review of documents and observation, the facility is still doing safety and fire inspections however to move to substantial compliance the facility needs to ensure that the recommendations 4, 5, 7, 8, 10 and 11 below are followed. See introduction regarding building cleanliness/environmental issues/maintenance.

Recommendations

1. Develop policies and procedures and plans for fire safety, evacuation etc. (executed)
2. Develop adequate staff training regarding fire safety. 3. Properly maintain and repair fire equipment. 4. Ensure intercom systems are operating properly. 5. Ensure all mattresses used by residents are fire resistant. 6. Routinely test all fire equipment and system. 7. Ensure that all electrical outlets, wires and equipment (lights) are
properly working. 8. Develop work order system to ensure items are repaired.

9. Ensure that all areas in this provision are addressed by a certified professional.
10. Review entire fire safety program/system 11. Facility needs to develop corrective action plan. 12. Clean and Sanitize kitchen 13. Develop cleaning procedures

Evidentiary Basis Document review, observation

Provision 11.7 Hygiene and Sanitation Status Discussion
Recommendations

Residents shall be provided with clean drinking glasses and eating utensils.
Substantial Compliance The status of this provision has moved to substantial compliance. Based on my observation, review of documents for the kitchen this provision has been implemented at this time.
1. Develop policies and procedures for this provision. (executed) 2. Provide a thorough cleaning of the kitchen and all equipment and Utensils

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Evidentiary Basis Document review, observation and interviews

12. Medical Care

Provision 12.1 Medical Care

The parties agree, however, that henceforth, Henley-Young shall provide residents with adequate medical care, including: prompt screenings; a full physical exam within 72 hours after their detention hearing or disposition order, as applicable; access to medical professionals and/or prescription medications when needed; and prompt transportation to a local hospital in the case of a medical emergency. Hinds County is responsible for procuring and/or paying for all medications provided to residents.

Status

Beginning Compliance

Discussion

The status of this provision moved to beginning compliance. Please see Dr. Ezike updated report.

Recommendations

1. Develop policies, procedures and protocols for this provision. 2. Develop policies and procedures and protocols based on standards
for Health Services in Juvenile Detention and Confinement facilities. 3. Provide training for staff members who administer medication to residents on proper usage and possible side effects. Also, train the staff on emergency protocols if side effects occur. 4. Have a licensed medical professional review and sign off on policy, procedures and protocols. 5. Have a licensed health professional periodically review and provide supervision to the nurse at facility. 6. Develop forms to coincide with provision. 7. Remove medication from bags and place them in secure, organized areas and develop forms to determine what medications are present in the facility at all times. 8. Hire or have on contract a physician to review medical area. 9. Ensure that residents receive vision exams, dental screenings, mental health screenings, hearing tests, etc. 10. Order folders with 2 dividers, end tab, classification folders in letter size with 2 prongs for medical charts.

Evidentiary Basis Document review, observation, interviews

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Provision 12.2 Medical Care
Status
Discussion

Henley-Young shall ensure that a medical professional is available to examine residents confined at the facility to identify and treat medical needs, when necessary.
Beginning Compliance
The status of this provision moved to beginning compliance. Please see Dr. Ezike’s updated report.

Recommendations

1. Hire qualified medical professional for nights and weekend care. 2. Develop policies, procedures and protocols for this provision. 3. Provide training for staff on this provision.

Evidentiary Basis Document review, observation, interviews

Provision 12.3 Medical Care
Status Discussion

Henley-Young shall implement its sick call policy and practice which ensures that confined residents who request non-emergency medical attention are examined by a medical professional within 24 hours of a residents placing him or herself on sick call, excepting weekends and holidays.
Beginning Compliance
The status of this provision moved to beginning compliance. Please see Dr. Ezike’s updated report.

Recommendations

1. Develop policies, procedures and protocols for this provision. 2. Place a kite box on each unit. 3. Provide training for staff on this provision. 4. Nurse or designated person, making daily rounds to retrieve kites
(Request for Medical Service Forms).

Evidentiary Basis Document review, observation, interviews

Provision 12.4 Medical Care Status
Discussion

Prescription medications shall only be distributed by licensed medical staff or Henley-Young staff who has been trained by licensed medical personnel.
Beginning Compliance
The status of this provision moved to beginning compliance. Please see Dr. Ezike’s updated report.

Recommendations 57

1. Develop policies, procedures and protocols to address this provision. 2. These policies, procedures and protocols must include the
appointment of a medication administration protocol. 3. There must be a medication record of all medicines administered.

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Evidentiary Basis

a. One record to reflect all medicines leaving the pharmacy; b. An additional record kept in each resident’s case file. 4. Ensure that the training is comprehensive make certain that all medical contingencies are considered. 5. The staff should be trained on what side effects to look for drugs commonly prescribed to residents with mental health needs. 6. Provide training to staff on the policy, procedures and protocols for this provision. 7. All training should be documented and conducted annually.
Document review, observation, interviews

Provision 12.5 Medical Care Status
Discussion

Medical and mental health services shall be provided in a manner that ensures the confidentiality of resident’s health information.
Beginning Compliance
The status of this provision moved to beginning compliance. Please see Dr. Ezike’s updated report.

Recommendations

1. Develop policies, procedures and protocols to address this provision. 2. Get HIPAA requirements and institute them the facility. 3. Designate the persons who have access to the resident’s medical
records within the facility and outside of the facility, but within the juvenile justice system. 4. Provide training to staff on policies, procedures and protocols. 5. Provide training to staff on HIPAA requirements, and document training. 6. Designate a HIPPA Privacy Officer.

Evidentiary Basis Document review, observation, interviews

Provision 12.6 Medical Care
Status
Discussion

Henley-Young shall develop procedures for monitoring residents who require individualized attention because of medical issues that do not involve requiring the residents to sleep on a mat in the visitation room.
Beginning Compliance
This provision remains at beginning compliance. Please see Dr. Ezike’s updated report.

Recommendations

1. Develop policies, procedures and protocols to address this provision.

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Evidentiary Basis

2. Develop processes of continuous monitoring residents with stable medical issues, i.e. the care for diabetic residents who are on an insulin regiment. a. What are the medical requirements of the residents who need monitoring? b. Who is responsible for the monitoring? c. How are the records kept of the monitoring?
3. Provide training to staff on the policies, procedures and protocols for this provision.
4. Annual competency training.
Document review, observation and interviews

13. Mental Health Care

Provision 13.1 Mental Health Care

Henley-Young’s contractor, Hinds Behavioral Health Services, shall provide adequate mental health services to all confined residents with a mental health diagnosis or serious mental health need, as indicated by the MAYSI-2. This shall include, but is not limited to, the provision of individual and group counseling sessions upon the request of a residents or the resident’s parent/guardian, access to a mental health professional at the detention center, and the distribution and medical monitoring of psychotropic medications by a medical professional.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance. The facility still
needs to hire mental health professionals and develops adequate policies
and procedure and training. In addition the facility needs to review Dr. Boesky’s updated report. Please see previous report (9th).

Recommendations

1. Ensure that the facility has a Standardized Assessment Tool i.e. the MAYSI-2 to use during the intake process.
2. Develop policies and procedures to address this provision. 3. Provide training to staff on policies and procedures and provide
documentation of training. 4. Develop documentation that will track resident’s progress during
their stay at facility. 5. Ensure there is communication between Hines Behavioral Health
Services, Juvenile Court Case Managers and Facility Staff on residents receiving mental health services. 6. Hire case management staff.

Evidentiary Basis Document review, observation, interviews

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Provision 13.2 Mental Health Care
Status
Discussion

Residents who are confined for longer than thirty (30) continuous days and who are prescribed psychotropic medications, shall be evaluated by a psychiatrist every thirty (30) days. Such evaluations may be performed by and through employees of Hinds Behavioral Health.
Non-Compliance
The status of this provision remains as non-compliance. The facility still needs to hire mental health professionals and develops adequate policies and procedure and training. In addition the facility needs to review Dr. Boesky’s updated report. Please see previous report (9th).

Recommendations

1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures. 3. Hire case management staff.

Evidentiary Basis Document review, observation, interviews

Provision 13.3 Mental Health Care
Status Discussion
Recommendations

Within 72 hours of a resident’s admission to the facility, staff shall develop individual mental health treatment plans for residents who are under the care of a mental health provider. Treatment plans shall emphasize continuity of care and shall ensure that whenever possible, residents are transported to appointments with their regular mental health provider, whether the appointments are standing or made after the resident’s initial detention.
Non-Compliance
The status of this provision remains as non-compliance. The facility still needs to hire mental health professionals and develops adequate policies and procedure and training. In addition the facility needs to review Dr. Boesky’s updated report. Please see previous report (9th).
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures. 3. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.). 4. Hire case management staff.

Evidentiary Basis Document review, observation, interviews

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Provision 13.4 Mental Health Care
Status
Discussion

Henley-Young shall develop and implement policies and procedures for referring residents in need of psychiatric services to a licensed psychiatrist for a timely mental health evaluation. Such services may be provided by and through employees of Hinds Behavioral Health.
Non-Compliance
The status of this provision remains as non-compliance. The facility still needs to hire mental health professionals and develops adequate policies and procedure and training. In addition the facility needs to review Dr. Boesky’s updated report. Please see previous report (9th).

Recommendations

1. Develop policies and procedures to address this provision. 2. Provide and document training to staff on policies and procedures. 3. Hire case management staff. 4. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation, interviews

Provision 13.5 Mental Health Care
Status Discussion

Hinds County shall employ or contract for sufficient psychiatric services to permit a psychiatrist to fulfill the following functions:
a. conduct needed psychiatric evaluations prior to placing residents on psychotropic medications;
b. Monitor, as appropriate, the efficacy and side effects of psychotropic medications;
c. Participate in treatment team meetings for residents under the psychiatrist’s care;
d. Provide individual counseling and psychotherapy when needed; e. Evaluate and treat in a timely manner all residents referred as
possibly being in need of psychiatric services; and f. Provide adequate documentation of treatment. g. All evaluations and services outlined above may be performed
and/or provided by and through employees of Hinds Behavioral Health or any other duly qualified Mental Health agency.
Non-Compliance
The status of this provision remains as non-compliance. The facility still needs to hire mental health professionals and develops adequate policies and procedure and training. In addition the facility needs to review Dr. Boesky’s updated report. Please see previous report (9th).

Recommendations 61

1. Develop policies and procedures to address this provision.

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Evidentiary Basis

2. Provide training to staff on policy and procedures and document training.
3. Hire case management staff. 4. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).
Document review, observation

Provision 13.6 Mental Health Care
Status
Discussion

The psychiatrist and/or counselors shall review, if necessary, incident reports, disciplinary reports, suicide watch logs, and lockdown logs of residents under their care to determine whether their treatment is working and, if not, how it should be modified.
Non-Compliance
The status of this provision remains as non-compliance. The facility still needs to hire mental health professionals and develops adequate policies and procedure and training. In addition the facility needs to review Dr. Boesky’s updated report. Please see previous report (9th).

Recommendations

1. The mental health of the residents in the custody of the facility needs to be closely monitored at all times.
2. The facility needs to develop policies and procedures to address this provision.
3. Provide and document training to staff on policies and procedures and document training.
4. Facility needs documentation from a mental health organization on plan of action for residents receiving a mental health services.
5. Hire case management staff. 6. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation

14. Suicide Prevention

Provision 14.1 Suicide Prevention

Henley-Young shall develop a multi-tiered suicide prevention policy that has at least three stages of suicide watch. Suicide watch shall not be used as punishment. The “suicide cell” shall be reserved for residents for whom the “suicide cell” is deemed necessary in conjunction with this suicide prevention policy.

Status

Beginning Compliance

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Discussion Recommendations

The status of this provision remains as beginning compliance. The facility still needs to hire mental health professionals and develops adequate policies and procedure and ensure staff is trained properly. In addition the facility needs to review Dr. Boesky’s updated report. Please see previous report (9th).
1. Develop policies and procedures to address this provision. (executed)
2. Provide and document training for staff on policy and procedures. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program. 4. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation

Provision 14.2 Suicide Prevention

Any residents placed on the highest level of suicide watch shall be evaluated by a mental health professional, ideally within 12 hours, but in no case longer than 24 hours of his or her placement on suicide watch. If a resident on the highest level of suicide watch is not evaluated by a mental health professional within 24 hours, the residents shall immediately be transported to a local mental health facility or emergency room for evaluation and/or treatment.

Status

Beginning Compliance

Discussion

The status of this provision remains as beginning compliance. The facility still needs to hire mental health professionals and develops adequate policies and procedure and ensure staff is trained properly. In addition the facility needs to review Dr. Boesky’s updated report. Please see previous report (9th).

Recommendations

1. Develop policies and procedures to address this provision. (Executed)
2. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.
3. Provide training for staff on policies and procedures and document training.
4. Identify a mental health agency to help develop policies, procedures and protocols.
5. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program.
6. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).

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Evidentiary Basis Document review, observation

Provision 14.3 Suicide Prevention
Status Discussion

Residents on suicide watch shall participate in recreation, school, and any other structured programming. Residents shall not be required to wear a “suicide gown” unless locked in a cell. Staff shall closely monitor residents on suicide watch, which includes logging activities every 15 minutes.
Beginning Compliance
The facility still needs to hire mental health professionals and develops adequate policies and procedure and ensure staff is trained properly. In addition the facility needs to review Dr. Boesky’s updated report. Please see previous report (9th).

Recommendations

1. Develop policies and procedures to address this provision with the assistance of a mental professional. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program. 4. The facility needs mental health professionals to help and enhance
the development of these policies and procedures as they are the authorities in this area. 5. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation

Provision 14.4 Suicide Prevention

When a resident is placed on any level of suicide watch, a report shall be made within 24 hours to the resident’s court, as well as to the resident’s guardian, and his or her defense attorney.

Status

Beginning Compliance

Discussion

The facility still needs to hire mental health professionals and develops
adequate policies and procedure and ensure staff is trained properly. In addition the facility needs to review Dr. Boesky’s updated report. Please see previous report (9th).

Recommendations

1. Develop policies and procedures for making and distributing the reports in this provision. (Executed)
2. Provide training for staff on policies and procedures and document training.

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Evidentiary Basis

3. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program
4. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.
5. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).
Document review, observation

15. Family Support and Interaction

Provision 15.1 Family Support and Interaction

Visitation shall not be restricted or withheld from residents unless the detention center director determines that a visit will violate the security of Henley-Young or will endanger the safety of residents, visitors, or staff. Visitation should not be restricted as a form of punishment.

Status

Substantial Compliance*

Discussion

The status of this provision remains at substantial compliance.

Recommendations

Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation and interviews

Provision 15.2 Family Support and Interaction Status
Discussion
Recommendations

Within 90 days of the effective date of this Settlement Agreement, HenleyYoung shall provide accommodations that allow residents to have contact visits with their families.
Substantial Compliance*
The facility remains at substantial compliance.
Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.

Evidentiary Basis Document review, observation and interviews

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Provision 15.3 Family Support and Interaction
Status Discussion

Visitation shall be regularly scheduled at least three times per week, which shall include evening and/or weekend visitation times in order to encourage family visitation. Henley-Young shall permit the minor siblings of confined residents to participate in visitation, as long as the minors’ parent or guardian is present during the visit and the siblings are not harmful to the residents who are detained at Henley-Young. Henley-Young shall also permit a confined resident’s own child (ren) to participate in visitation
Substantial Compliance*
The facility remains at substantial compliance on this provision.

Recommendations Eliminated by agreement of the parties signed under the Amended Consent Decree dated March 25, 2016.
Evidentiary Basis Document review, observation and interviews

Provision 15.4 Family Support and Interaction Status Discussion
66

Residents may receive phone calls from their attorneys. At the discretion of the Director or assignee, in emergency situations, residents may receive phone calls from parents, primary caretakers, or legal guardians. Emergency phone calls and phone calls from attorneys should not be restricted as a form of punishment.
Partial Compliance
The facility remains at partial compliance on this provision based on my most recent visit and document review. During this visit and interviews with youths and review of documentation, the statements below remain.
Based on my review of documents, residents are now able to mail and receive letters as part of access to supportive relationships that residents have with families and others in the community. Although, there were only 8 incoming and 23 outgoing letters for the year 2016; this is a vast improvement. Once the case management staff are in place the letter volume will increase. This (mail) is a major part of the rehabilitative process. Staff now needs to be trained on policies and procedures and the facility should ensure that policy and procedures are being followed. During this visit and review of documents, I still found no indication that youth receive any contact from their attorneys until they enter court. Because there is no case management, youth are left to wonder about their case or its status. This provision has not been moved to substantial compliance because the residents still do not have full access to their legal team. I found no evidence that the residents have visits from their lawyers within the facility as established by best practices and professional standards within juvenile detention facilities:
1) Privileged mail from court, attorney,

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Recommendations

2) Visits from lawyers, paralegals or any legal support staff, 3) Provide a private place for confidential discussions, and 4) Have policies, procedures and protocols incorporated in resident’s right to counsel.
1. Develop policies and procedures and practices to address this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability. 4. Ensure that residents are allowed to mail letters.(County will pay for
postage) 5. Hire case managers 6. Develop form for attorney to signed indicating their visits, for
placement into youth files

Evidentiary Basis Document review, observation and interviews

16. Miscellaneous Provisions

Provision 16.1 Miscellaneous Provisions

Male and female residents shall be provided with equal access to educational and rehabilitative services, medical care, and indoor and outdoor recreation.

Status

Partial Compliance

Discussion

The status of this provision has moved to partial compliance. During my observation and review of documents I found that although the facility is in the beginning stages of developing an adequate program for girls and boys, the girls are allowed more access to activities and outside recreation than in the past. The facility should continue to develop this provision.

Recommendations 67

1. Develop policies and procedures and practices for this provision. (Executed)
2. Cease in the designation of female residents as being solely responsible for laundry; this is a duty male residents can perform as well as females. (Executed)
3. Develop monthly recreational schedules. 4. Develop comprehensive facility schedules. 5. Provide training for staff on policies and procedures and document
training. 6. Ensure that there is proper staffing availability to maintain
reliability. 7. Repair court and goal area. 8. Posting of schedule on units.

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Evidentiary Basis Document review, observation, interviews

Provision 16.2 Miscellaneous Provisions Status
Discussion

The parties agree, however, that henceforth: All residents shall have the opportunity to engage in at least one hour of large muscle exercise a day.
Beginning Compliance
The status of this provision has moved to beginning compliance. The facility has developed a recreation program and policies that details large muscle exercise. However they must continue to develop their programs to ensure compliance. In addition, there is a need to purchase equipment that is gender friendly and exposes youth to various activities. Please continue to follow recommendations below.

Recommendations

1. Develop policies and procedures and implement practices to address the needs of this provision.
2. Develop and implement programming and recreational schedules. 3. Provide and document training for staff on policies and procedures. 4. Ensure that there is proper staffing availability so that residents are
not unnecessarily “locked” in their cells.

Evidentiary Basis Document review, observation, interviews

Provision 16.3 Miscellaneous Provisions Status
Discussion

Henley-Young shall implement a policy which prohibits staff from insulting residents or calling them names, and using profanity in the presence of residents
Beginning Compliance
The status of this provision remains as beginning compliance. During my review, observation and discussion with youth, staff still at times uses profanity around youth and at youth. Although it has reduced it is still an area that needs to be addressed by the facility’s administration.

Recommendations

The recommendations below should be followed.
1. Develop policies and procedures and practices to address the needs of this provision. (Executed)
2. Provide training to staff in the proper de-escalation techniques of residents.
3. Administration must provide enough supervision to reduce or eliminate insulting behavior by staff.
4. Discipline and retrain staff as needed.

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Evidentiary Basis

5. Provide training for staff on policies and procedures and document training.
6. Hire an independent person to investigate allegations of abuse or complaints regarding staff by residents. (Executed)
Document review, observation and interviews

Provision 16.4 Miscellaneous Provisions
Status
*Discussion

Henley-Young shall implement an adequate grievance policy that is accessible to all residents regardless of literacy levels, and that provides residents with the opportunity to appeal facility level determinations. Residents shall obtain the grievance forms from the school liaison.
Partial Compliance
This provision remains at partial compliance. I reviewed grievances from August 2016 to November 2016. During my interview with youth I found that several youths were unfamiliar with the grievance process. In my review of documents, as an example in the month of July, I found three (3) grievances that had no decisions, four (4) with no resolution by staff and five (5) youth released prior to grievance being completed. In November I found the same pattern as July, five (5) grievances not resolved by staff and 13 grievances released prior to completion. Therefore I recommend the facility continue to follow my comments from my previous reports and my recommendations from below.

Recommendations

1. Place grievance boxes on each unit and school, residents should not be required to request a grievance form.
2. Provide training for staff on policies and procedures and document training.
3. Provide training for residents on policies and procedures and document training.
4. Ensure that residents are adequately familiarized with the grievance process during their orientation into the facility
5. Add a place on the Resident’s Grievance Resolution Report for a resident to request an appeal and place for the Director’s resolution.
6. Ensure Resident’s Grievance Resolution Reports are provided to the resident for their signature and their response to the outcome. If the resident disagrees with the resolution the resident has the right to appeal the decision to the director.
7. Any retractions of grievances should be done by residents and not by staff.

Evidentiary Basis Document review, observation, interviews

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Provision 16.5 Miscellaneous Provisions Status Discussion
70

Hinds County denies that Henley-Young does not currently have an adequate policy whereby residents can request to see their attorney and/or Residents Court counselor. The parties agree, however, that henceforth: Henley-Young shall develop and implement an adequate policy that allows residents of all ages and literacy levels with the opportunity to request to see their attorney and/or Resident’s Court counselor. Residents shall obtain the form requesting a visit from his/her counselor from the school liaison. Henley-Young agrees to collaborate with the Plaintiffs to design and implement a comprehensive juvenile justice pre-service and in-service training program for detention center staff. Training shall include, but is not limited to, the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.
Beginning Compliance
The status of this provision remains as beginning compliance. Based on my interviews with residents, there is still no indication they had the opportunity to meet with their public defender prior to or after their court hearings. I did meet with the public defender along with the County counsel and the director of the facility to discuss options to implement a procedure for contacts. In addition because the facility has no case management, it has become very difficult for residents to be updated on their case or the ability to discuss their case. As recommending in other provisions and in my introduction, I am reiterating again that case managers are needed to ensure that residents are not falling through the cracks.
Again, based on my most recent visit and review of documents, residents are still complaining that they have not had the opportunity to speak with their attorneys. Also, in my review of the records, there was no indication that attorneys had been visiting. However, court counselors were seen during visit, present in the facility and seeing the residents. However, the counselor’s presence does not represent my discussion with youth that they don’t see their counselors and don’t know what is happening with them or their case. Additionally, I found no forms for requesting visits from counselors, attorneys or school liaisons. And I found no training on the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.

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Even though the facility has developed a policy and procedures for this provision, it has to ensure there is consistency and follow through not just a document developed. See Dr. Boesky’s updated report.

Recommendations

1. Develop policies and procedures and practices for this provision. 2. Provide and document training for staff on policies and procedures. 3. Develop single form and system for incident reporting. 4. Develop system for receiving and mailing privileged and non-
privileged mail for residents. 5. Hire case management staff. 6. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).

Evidentiary Basis Observation, interviews and Document reviews

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Henley Young Juvenile Justice Center Tenth Monitoring Compliance Report
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Conclusion This is my tenth official visit to the Henley-Young Juvenile Justice Center. The facility has moved various provisions from non-compliance to substantial compliance, which shows that the facility is moving in the right direction. The facility must now focus on maintaining those provisions in compliance while developing the additional provisions above until they have moved and maintained substantial compliance for them all. The County funding of the facility properly has been instrumental in moving this process forward. The issue now is to maintain that funding and continue to support the facility’s administration that is in place. Even though the facility has developed numerous policies and procedures, and they are being operationalized; the signature of the Executive Director must be on all facility policies as the authorizer of all policies. Prior to the issuance of any policy and to ensure that all parties are carrying out their responsibilities and agree with the policies and procedures as written, all parties (Medical Representative, Education Representative and the Mental Health Representative) must sign off on their particular policies along with the Executive Director.
Again, I appreciate the work of Dr. Linda Boesky, Dr. Ngozi Ezike and Mrs. Carol Cramer Brooks for their assistance through the insightful observations and reports that have been submitted to the courts and copies to all parties involved. I would also like to thank the Hinds County Board, County Attorneys Anthony Simon and Pieter Teeuwissen, County Administrator Carmen Davis, facility staff, and the facility Director Johnnie McDaniels for their assistance and cooperation.
LEONARD DIXON
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 Case 3:11-cv-00327-DPJ-FKB Document 61 Filed 01/27/16 Page 1 of 95
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION HONORABLE DANIEL P. JORDAN III, U.S. DISTRICT JUDGE
J.H., ET AL, VS HINDS COUNTY MISSISSIPPI 3:11-CV00327 DPJ-FKB
Monitoring Compliance Report: Report Draft Date JANUARY 13, 2016
Report Date JANUARY 24 2016
Submitted by Leonard B. Dixon, MSPA
24420 Crescent Drive Woodhaven, MI 48183
734 642-7412 Email home: lbdixon1@comcast.net Email work: leonard.dixon@cookcountyil.gov

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Henley Young Juvenile Justice Center Ninth Monitoring Compliance Report
JANUARY 24, 2016
The Ninth Monitor’s Report Henley-Young Juvenile Justice
Leonard B. Dixon
Background On March, 28, 2012, Hinds County, Mississippi entered into a settlement agreement ordained and adjudged by Judge Daniel P. Jordan III, for the United States District Court Southern District of Mississippi, Jackson Division, regarding conditions of confinement at the Henley-Young Juvenile Justice Center, located in Jackson, Mississippi. According to the order the settlement agreement and its specifics requirements “shall apply to Henley-Young and any contractor that may provide services to Henley-Young in the future. The term “youth” herein often refers to individuals confined at Henley-Young. “The parties” understand that the requirements contained herein will be implemented without undue delay as soon as practicable. Unless otherwise indicated herein, the parties will collaborate to make all reasonable efforts to ensure that within 90 days of the effective date of the agreement, policies, and procedures consistent with the agreement are drafted, in the process of being implemented, and that all detention staff received training on the requirements. The parties agree and understand that the implementation will be an ongoing process that extends beyond the initial 90 days of the agreement. As part of the settlement agreement the defendant shall contract with Leonard Dixon, within 30 days of the court entry of this settlement agreement to serve as an expert who will be responsible for documenting the defendant’s compliance with the terms of the agreement and for providing and/or arranging technical assistance and training regarding compliance with this settlement agreement. I will have full and complete access to detained youth, institutional files, medical files, mental health files, education files, video tapes, and youth, staff records and all other information and other reports by staff, grievances, incident reports, and other relevant documents and files maintained by Henley-Young.
All non-public information obtained by the expert shall be kept confidential, except that on a quarterly basis the expert shall file a report with the court documenting the progress of compliance. Neither party, nor any employee or agent of either party, shall have any supervisory authority over the expert’s activities, reports, findings, or recommendations. The expert shall file with the Court and provide the parties with reports describing the Defendant’s steps to implement this Settlement Agreement and evaluate the extent to which the Defendant has complied with each substantive provision of this agreement. Such reports shall be issued quarterly, unless the parties agree otherwise. The reports shall be provided to the parties in draft form for comment at least two (2) weeks prior to their submission to the Court. These reports shall be written with due regard for the privacy interests of individual youth and staff and the interest of the Defendant in protecting against disclosure of non-public information. The expert shall have a budget sufficient to allow him to fulfill the responsibilities described in this Settlement Agreement. Mr. Dixon may consult other experts or consultants retained by either party. All parties shall receive copies of all draft reports from the other experts to Mr. Dixon prior to the issuance of Mr. Dixon’s report, and shall have the option of being present at briefings from such experts to Mr. Dixon and Defendant. Mr. Dixon may initiate and receive ex parte
2

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Henley Young Juvenile Justice Center Ninth Monitoring Compliance Report
JANUARY 24, 2016
communications with the parties and their respective experts and consultants. It should be noted that on April 25, 2014 the settlement agreement was extended as set forth by the court.
Recommendations based on findings, observations and interviews Result of visit on November 4 – 6, 2015
Documentation provided and reviewed Memo regarding budget allocation dated September 25, 2015 Letter from Southern Poverty Law Center dated June 12, 2015 re: J.H. v. Hinds County, MS Letter from Southern Poverty Law Center dated September 15, 2015 re: Strip searches of
Resident M.C and Resident J. P Letter from Southern Poverty Law Center dated September 25, 2015 re: Allegations of
misconduct by Supervisor M. Collins Letter from Southern Poverty Law Center dated October 6, 2015 re: Allegations of inappropriate
use of force by officers on September 11, 2015 Letter from Southern Poverty Law Center dated October 6, 2015 re: Allegations of sexual assault
on September 25 or 26, 2015 Letter from Southern Poverty Law Center dated October 15, 2015 re: Concerns regarding proper
security measures and protection from harm Letter from Southern Poverty Law Center dated October 22, 2015 re: Concerns regarding proper
security measures and protection from harm on October 17, 2015 and October 18, 2015 Letter from Southern Poverty Law Center dated October 22, 2015 re: Concerns regarding
confidentiality of legal visits Letter from Disability Rights Mississippi dated July 6, 2015 re: Resident S. T Letter from Disability Rights Mississippi dated July 23, 2015 re: Allegations of inappropriate
sexual conduct Email from Johnnie McDaniels to Alexandra Copper re: HY Request on Resident M. C Email from Johnnie McDaniels to Alexandra Copper re: HY Request on Resident J. N Letter from the Eichelberger Law Firm re: preservation of document’s and things relevant to the
detention and assault of Resident M. B dated via fax October 1, 2015 Email from Johnnie McDaniels to Attorney J. Matthew Eichelberger re: Resident M. B Email from Johnnie McDaniels to Alexandra Copper re: resident visitation Letter from Johnnie McDaniels to Jody Owens & Alexandra Copper re: failure of production of
documentation by Henley-Young Health Service Manuals (cover only):
NCCHC Correct Care Spring 2015 Volume 29 Issue 2 Journal of Correctional Health Care Standards for Health Services in Juvenile Detention and Confinement Facility Daily Summer Schedule for 4 Units Daily In-School Schedule for 4 Units Daily Rosters dated May 29, 2015 (missing all other sheets for month) Daily Rosters for June 2015 (missing sheets for dates – 6, 7, 13, 14, 20, 21, 23, 27 and 28) Daily Rosters for July 2015 (missing sheets for dates – 3, 4, 5, 11, 12, 18, 19, 25 and 26) Daily Rosters for August 2015 (missing sheets for dates – 1, 2, 8, 9, 15, 16, 22, 23, 29 and 30) Daily Rosters for September 2015 (missing sheets for dates – 5, 6, 7, 12, 13, 19, 20, 25, 28 and 29)
3

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Henley Young Juvenile Justice Center Ninth Monitoring Compliance Report
JANUARY 24, 2016
Daily Rosters for October 2015 (missing sheets for dates – 3, 4, 17, 18, 24 and 25) Daily Rosters for November 2015 (missing sheets for dates – 1 and 4) List of vacant positions, employees resigned and staff on leave of absence Food service menus for 4 weeks approved October 19, 2015 Inspection Reports:
Metro Fire Systems Invoice dated October 6, 2015 Metro Fire Systems Pre-Engineered Restaurant Fire Suppression Systems Report
Dated October 6, 2015 Fire Inspection Report dated November 10, 2015 Grievance Report Graph from July 2015 to October 2015 HYJJJ Monthly Grievances submitted: July -24 grievances submitted by residents with only 2 resolution reports completed August -22 grievances submitted by residents with only 1 resolution report completed September -30 grievances submitted by residents with 3 resolution reports completed October -29 grievances submitted by residents with 3 resolution reports completed Training Documentation: New employee orientation schedules and sign in sheets for various weeks Annual Refresher Training Schedule dated July 14, 2015 – July 15, 2015 Training sign in sheets dated from July 3, 2015 to October 31, 2015 Various memos dated from June 1, 2015 to October 26, 2015 listing staff to attend
training Policies:
Special Health Needs Program (draft) DVD/RW with policies and procedures listed by chapters (none signed or approved) –
1. General Administration 2. Fiscal Management 3. Personnel 4. Training & Staff Development 5. Citizen Involvement 6. Emergency 7. Security & Control 8. Safety Procedures 9. Rules & Discipline 10. Juvenile Rights 11. Food Services 12. Sanitation & Hygiene 13. Health Care 14. Reception & Orientation 15. Recreation & Activities 16. Mail, Telephone & Visitation 17. Mental Health Henley Young Juvenile Justice Center Organization Chart QA Reports:
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October 2015 Analysis Data Report Yearly Incident Count from November 2014 to October 2015 Graphs showing use of force incidents and incidents by shifts for months of February
2015 to July 2015 Graphs showing use of force incidents and incidents by shifts for months of August 2015
to September 2015 Monthly log detailing incidents for months of June 2015 to October 2015 Monthly log detailing use of force incidents for months of June 2015 to October 2015 Due Process Isolation Logs for months of June 2015 to October 2015 QA Audit Reports: HYJJC Monthly QA report dated June 29, 2015 HYJJC Monthly QA report dated August 31, 2015 HYJJC Monthly QA report dated September 30, 2015 HYJJC Monthly QA report no date listed Purchase Requisition for clothing/inventory dated May 6, 2015 Purchase Orders for clothing/inventory dated from August 13, 2015 to October 21, 2015 Purchase Orders for youth hygiene/sanitation dated from June 8, 2015 to October 5, 2015 Listing of residents placed on suicide precaution dated from June 2015 to October 2015 HYJJC Resident Incident Report/Use of Force/Unusual Incident Reports June 2015 – 38 Residents (including some witness statements, medical
reporting forms and a strip search forms) July 2015 – 48 Residents (including some witness statements and medical
reporting forms) August 2015 – 46 Residents (including some witness statements and medical
reporting forms) September 2015 – 70 Residents (including some witness statements and medical
reporting forms) October 2015 – 115 Residents (including some witness statements and medical
reporting forms) File on Resident A. M. File on Resident M. J. File on Resident B. D. Video on October 17, 2015 re: disturbance of youth Video on October 20, 2015 re: lock manipulation
Staff Interviewed Pieter Teeuwissen, County Attorney Anthony Simon, County Attorney Johnny McDaniels, Director Eddie Burnside, Operations Manager Brandon Dorsey, Public Defender Tanecka Moore, Esq. Janet McCoy, Training Coordinator 1 year Emma Harris, 2nd Shift Detention Officer Intake 1 year 5 months Jeanette Davis, Detention Officer/Laundry Worker
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Marry Street, Detention Officer Intake Aide 16 years Ferniece Galloway, Detention Officer Intake Aide 3 years Fantoya Carter, RN Thomas Cole Jr., Detention Officer 5 years Thomas Petreit, LPN works with corporate office Sandra Wilson, Family Nurse Practitioner Tisha McClendon, Officer 2 years Jacqueline Rhodes, Detention Officer 5 months Carmen Davis, County Administrator Peggy Hobson Calhoun, Hinds County Board of Supervisors
Youth Interviewed Resident Q. T. 16 years old Resident A. M. 13 years old Resident D. J. 15 years old Resident R. W. 16 years old Resident B. D. 16 years old Resident Q. P. 17 years old Resident A. C. 15 years old
Introduction This report is the result of my ninth official visit to the Henley-Young Juvenile Justice Center and the progress made since my previous visit. On November 4, through November 6, 2015, I conducted an official inspection/review of the facility. In this report I detail my findings from my visit which are based on the following criteria: 1) observations, 2) interviews, 3) SPLC reports 4) subject matter expertise in operating juvenile institutions, 5) best practices in juvenile justice, 6) document reviews, and 7) video and audio reviews. I would like to again thank the staff, facility administration, and the Hinds County attorneys for their continued cooperation in this process.
It should be noted that the facility has progressed since my last visit, specifically 2 provisions have moved to beginning compliance, 3 provisions moved to partial compliance, 4 provisions have moved to substantial compliance. However, 1 provision changed from substantial back to partial compliance.
The facility staff should be commended for their continued progress made by putting a new administration in place despite the political stress it has had to endure. This I will discuss later in the report. Since the last report, the County has put in place a new leadership team. This team appears to be the team that can move this facility forward. The new director, Johnnie McDaniels, appears to bring a sense of equilibrium in managing staff, engaging youth, and working with the county administration. It should be noted the new facility team had only been in place approximately six months, at the time of my review. This is a very short time as it relates to changing a culture. Although the county has been under this consent decree for a little over three years, this is the first time that an adequate and stable management team has been in place. It has been well known in our field that kids change their behaviors based on the demands of the environment and their perception and experiences in the juvenile justice system. That is
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why facility culture is so important. A positive culture at Henley –Young is needed to create a community of people working under a set of policies and procedures that will bring the facility into compliance. A positive, stable culture gives the facility identity and meaning, which again, takes time to develop. The facilty is moving in the right direction. It should be noted that the new team in addition to Hind’s County attorneys did visit detention facilities in Michigan and Illinois to get an enhanced understanding of juvenile detention operation.
As stated above, the facility has made progress in this review, in spite of the challenges inherent in operating a juvenile facility (i.e. increases in resident population, Juvenile Court personalities, inadequate staffing, inadequate funding, and lack of collaboration by other entities) and external road blocks. At some point, when one entity changes and others don't, one must examine the external barriers and their impact on the facility’s success. Since my last report, several experts in the juvenile justice field have visited the facility and provided feedback for the various provisions (i.e. Mental Health, Medical, Education, and Training). These juvenile justice experts were contracted to give a subject matter review and the status of those aforementioned provisions. The experts were: Dr. Lisa Boesky (Mental Health) Ngozi Ezike, MD (Medical), Carol Cramer Brooks (Education), as well as Mr. Gerald Gay and Mr.Felton Satterfield (Training). Each consultant provided a report (see exhibits/attachments) on their reviews and recommendations, which I provided to the county and federal court. A 360 degree review of the facility will enable the new administration to identify the needs of the facility and will also provide the county with direction on the resources required to obtain full compliance with the settlement agreement.
As stated in my last report, there is still the political atmosphere at this facility that continues to create a toxic environment for staff and kids. Dr. Boesky's report and the report provided by Mrs. Brooks are quite revealing, as I indicated in my November email to all parties. This was also evident through my observation and review of documentation during my visit (see exhibit). For example, utilization of the video and camera system is controlled by the Juvenile Court, placed within the Juvenile Detention Center and owned by the County. The Juvenile Detention Center is not authorized to view video footage of its own cameras without prior approval of the Juvenile Court. This causes some concern and alarm because the delay and bureaucratic red tape involved in accessing the video system prevents the director from efficiently and effectively carrying out his responsibility to protect the well-being of the children housed within the facility. Additionally, the Juvenile Court can and does deny access to video and camera footage for review by the Juvenile Detention Center. I was denied access to review video footage for a specific incident (cell check, etc.) because the staff from the detention side had no access to the system to review incidents. This type of disruption will inhibit any director from carrying out his responsibilities in a thorough and professional manner. In addition the facility staff must be able to train in an environment conducive to learning. These are areas that should be remedied immediately by the county. These barriers and unbecoming actions are petty at best. I understand this is harsh language however I have discussed this in my previous reports, repeatedly. I would recommend that the County Board of Supervisors address this situation head on. How does the county expect the detention facility administration to do their job with the juvenile court controlling major tools needed for their jobs?
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Another important issue I need to raise is the lack of legal documents that direct the detention facility on the courts directives regarding the resident. I reviewed 47 files seeking the court orders for the resident and only found these directives in four. There were no court orders or court dispositions indicating the expected path of the resident, which again points to the great need for a system to assure that the court’s directives are being followed and that the facility is executing those mandates. An organized, data driven case management system is needed to assure that the resident is legally held in detention. The juvenile court is the only authorizer of the path of residents in the detention facility.
Facility and Operational Culture Since the facility population has increased and is above the agreed upon 32 population cap, the county must provide the facility with the original staffing plan recommended to the court. In addition, case managers should be immediately put in place at the facility to begin to meet this agreement. Please see previous reports and Dr. Lisa Boesky's most recent attached report.
Based on my discussion with the new administration, to fully comply with the consent decree the need for consistency in all provisions is required. This means ensuring the following:
(1) Whether there are written policies covering this provision. (2) Whether there are written procedures to implement the policies. (3) Whether practices are consistent with the written policies and procedures. (4) Whether the policies, procedures, and practices meet constitutional and other local requirements.
As it relates to conditions in a facility, the broader the permissible reason for detention, the more difficult it is to address institutional inadequacies. And the more difficult it becomes to meet the needs of the youth at any facility. For example the detention of mentally ill youth, requires special considerations in housing, staffing and mental health services. Likewise at HenleyYoung detained dependent residents and status offenders; youth committed to the facility for disturbing the family peace, or residents held without court orders etc. present immediate classification and housing issues. They create a range of problems with educational services programming, and access to the outside world. Holding youth being transferred to the adult court may be good from a policy standpoint, but it too creates additional housing and programming issues for the detention facilty. Also, allowing the detention to be used for post disposition sanctions creates the need for additional counseling staff and rehabilitative programing. This is not just my professional opinion but the opinion of the collective wisdom of the professionals within the juvenile justice community, i.e. Youth Law Center, the Annie E. Casey Foundation, the National Council on Crime and Juvenile Delinquency, the Department of Justice, JJ law suits, etc.. Therefore, it is incumbent on all entities to work together to ensure that policy decisions are made with a practical understanding of how these policies affect the youth being placed in detention and the institution and staff.
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Staffing The facility has brought in a new administration and is in the process of continuous staff hiring. In addition, to attract more qualified employees the county has increased salaries and has begun to pay overtime and shift differentials. However, with the increase in population the facility must hire the agreed upon staffing recommended in the initial report. In addition, the need for case managers within the facility ,is still required to meet the Provisions 4, 5.1, 5.2, 5.3, 5.4, 5.5, 13.1, 13.2, 13.3, 13.4, 13.5, 13.6, and 16.5.
Building Cleanliness/Environmental Issues/Maintenance The facility has hired an additional maintenance worker. However, the building is still in need of repair. Please see last report and most recent exhibits. The facility needs to enact a facility-wide maintenance schedule, as stated in my previous reports. The shower stalls, electrical outlets, kitchen, painting and lighting are still in need of repair.
Professional standards of care/Sustainability One of the major goals of this process is to create a sustainable system that will last after the conclusion of the consent decree. The development of good policy and procedures that create professional standards is a major aspect of creating a sustainable system that protects constitutional rights of the residents housed within the facility. Therefore, a good management information and quality assurance program is essential to making evidence based decisions. These programs will ensure ongoing accurate and reliable indicators of the detention process and operations.
Good quality assurance (QA) processes allow staff, supervisors, facility administration and County administration to make evidence based decisions on the needs of the facility and the children housed within its walls. These systems once developed will give all parties data from routine 15 minute checks to capturing medical and mental health services that are being provided. These systems will also look at confinements, fights, incidents of youth- on -youth violence, staff on youth violence and the reductions in youth confinement periods. QA processes also allow in-depth auditing capabilities that ensure the facility is in compliances with State and Federal laws. These are some examples that relates to sustainability. I discuss this because in my experience once court intervention leaves everyone returns to the old way of doing business, which got the institution into trouble in the first place, which must be avoided. QA processes provide that data needed not only to sustain compliance but to meet a variety of grant and other funding reporting requirements.
Mental Health Please see Dr. Boesky's Mental Health report and recommendations, in addition to my last report, which is still relevant as only the names have changed.
Suicide Prevention Please see Dr. Boesky's report and recommendations, in addition to my last report.
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Behavior Management/Isolation During this review, I found that the facility has begun to implement a behavior management system; however, it is still in its infancy stage (see last report). The facility should continue to fully implement the behavior management program.
The facility must, however, continue to work on its inappropriate isolations of youth. During this visit, I found and observed girls are being left in their rooms for several hours after there was a shift change. Staff must follow the facility schedule as required. Also, I still found youth left on units alone without any supervision or staff engagement. This speaks to the October incident involving the fire sprinkler system being activated by youth. Because staff did not engage the residents, they were able to trigger the unit’s sprinklers heads, break lights, break the television and flooded the unit. Because the officers failed to engage the residents the Jackson police (JPD) was called to restore order. Had the staff members engaged the youth properly the likelihood of the incident occurring would have been minor. Additionally, had the officers engaged the residents with proper use of force techniques the Jackson police would not have been needed (see provision 8.1). This is an area the new administration must address as it relates to continuous supervision, use of force, and de-escalation training becoming central to the operation of the facility.
Staff is still in the towers and not in the immediate proximity of youth. I also witnessed several youth in their room for no reason without supervision. Because there is no consistent behavioral management isolation rules in place, youth and staff are still in flux regarding what they’re to do at this point. There is also a need to have the facilty rules permanently posted throughout the facility and on each unit.
During this visit no sanctions were posted. This should be addressed before my next official visit by posting and orientating youth entering the facility on the rules, creating an acknowledgement form that a youth has received, reviewed and understood them, as discussed in previous reports and discussions.
Activities/Recreation/Programming Please see last report. During this visit, I found that the facility continues in the development of activities, recreation, and programming. In addition, I am recommending that the facility purchase frames that can be seamed to the wall that are clear and tamper proof so they cannot be torn down or discarded as the taped sheets that are currently being used (see exhibits). The frames I am recommending are used in other facilities including my own. They give a sense of order and they are very difficult to damage or deface. In addition, changes to schedules and activities can be updated easily by the facility (see exhibit).
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Medical, Medication Review & Disposal Please see Dr. Ezike's report and recommendations (Attachments). Also, please see my previous report. At the time of this review, the county has hired a new medical company, Quality Correctional Healthcare, to provide service for youth at Henley-Young.
Food Service Based on my review and observations, the food was served in a timely manner. However, youth complained of not having enough food and that it was cold. Please see last report.
Based on this visit and my review of documents, the food service program is still in need of improvement, although some improvements have been made. However, residents still continue to complain about not having enough food and that the food is tasteless. In addition, there were still numerous complaints about the food being cold and not appealing (see exhibit). I again observed the food process during this visit and found that serving sizes were below the federal food standard requirements, and the temperature of the food was unacceptable.
However, during this visit, I found that food was being served in a timely manner and that the cooks were preparing food onsite.
I am still recommending that a major cleaning of the kitchen be done for sanitation purposes (see Exhibits 1 thru 6).
I am again reiterating that food service is an important part of institutional life (see previous report #7and #8).
89 day program/Juvenile Court There has been no change since my last report, except it’s not called the 89 day program. Now it’s called the secure intervention unit, which does not change the program. While it has a new name, it still continues to be the same program as I have discussed in my previous reports. There are no case managers at the facility and no programming for these youth. Also please see Dr. Boesky's report. My statements from my previous report stand.
During this visit, I again interviewed staff and residents as it relates to this program. From a detention perspective, treatment perspective and correctional perspective “this program” serves very little purpose other than holding youths in detention for 89 days. Please see my facility update/technical assistance report submitted to the Court on November 24, 2014, where I explained the differences between juvenile detention and juvenile correctional facilities. Additionally, the resolution passed by the Hinds County Board, de facto eliminates the 89 day program in statement and this should be adhered to. With this in mind, please see previous reports.
Again as discussed in my previous reports, the 89 day concept is a very admirable idea. But, I reiterate, for this court program to function or to operate successfully, there are major changes needed as it relates to programming and staffing. At this point, the program is more a revocation
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program than the therapeutic, treatment program that was intended. As I have stated in my previous reports, for this program to be effective and successful, the following areas must be incorporated in the program:
 Sufficient staff  Target appropriate juveniles for the program (i.e. medium to high-risk)  Target risk factors for delinquent behavior that are responsive to intervention  ensure they are individualized and family based, and delivered in community
settings when discharged  Programming based on a particular treatment model  well-trained staff and a program director who strongly supports the program
outside of the facility’s director  Deliver a sufficient amount of treatment  Adhere to a program design  Monitor juveniles’ progress on an ongoing basis and modify the program as
needed  Provide aftercare services  Individual treatment plan (ITP) that reflects why the juvenile is in the program
and what goals juvenile should accomplish during his stay. Also mentioned in the ITP is the juvenile’s individual education plan (IEP), which specifies how to accomplish the juvenile’s educational goals.  Develop cognitive behavioral programs that confront juvenile’s thinking errors and teach juveniles to overcome their thinking errors as a means of behavioral change.  Develop positive peer culture (PPC) that teaches juveniles to assume responsibility for helping one another. It is based on the belief that the most powerful influence on a resident’s behavior is peer pressure. PPC’s goal is to teach basic values related to caring for others. PPC is centered on frequent meetings of small groups of juveniles (6-12) and one or two staff leaders. The juveniles are encouraged to help each other.  Develop strength based practices that help juveniles to become accountable for their actions and responsible for their behaviors. Accountability is realized when a juvenile admits to the wrong and changes his/her behavior. When juveniles get into trouble, the care worker will initiate more behavior changes in juveniles by having them focus on how to solve their problems.
To ensure that there is an accountability case management in the 89 day program, I am recommending the following model be implemented:
 specifying troublesome behaviors  identifying need(s)  setting goal(s)  evaluation
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Need

physiological, social, psychological requirement(s) for the well-being of

an individual

Goal

behavioral statement of how the individual will be at the end of a

specified period of time

Service Action behavioral statement of what the case manager plans and does to assist

the individual(s) in achieving the goal

Evaluation systematic collection of information on goal indicators and/or service

action(s) for the purpose of decision making and planning

In addition, the court has to determine what therapeutic programs they will be using. An example of these programs would be psychoanalytic therapy, behavioral therapy, rationale emotive therapy, persons centered therapy, reality therapy, etc. It should be noted that I found in my review of documents, observations, and discussion with staff and residents no difference in the 89 day program than in the general detention program. One staff put it quite profoundly by stating, “When these youths get a long term sentence through the 89 day program they don’t care and they are causing most of the problems. “Detention is a short termed program and they are getting long term sentences.”

School Please see Mrs. Brooks' report submitted 11/19/15, and please see my previous report. I am still concerned regarding the road blocks put up by the school. I must reiterate that the school is a major component of facility programming.

It is clear that the new facility administration is committed to making progress. However, they must be supported to continue in the direction they are moving by resources, political will, and support from all parties involved in this process to work cooperatively with Henley-Young and its staff and youth (See Brooks report).

Working in juvenile facilities is extremely stressful. These young people typically display hostility, defiance, and other resistances. They present considerable challenges. Therefore, it is important that facilities are not upset and damaged by nonproductive political trespassing, (the school not working with director, youth court dictation of who should attend school, etc.).

The school has a site leader. This is the fourth leader since this agreement started. However during this visit as stated in previous reports, youths continue to be placed out of school for behavioral issues, and they do not receive educational services during those times. Moreover, as stated in previous reports, youths who attend court hearings are not placed back in school after their return to the facility. They are taken to their units without any educational services being provided and an improper use of staff. It is very clear through research and basic common sense that these youths are behind in their educational progress for the most part and are in need of every educational opportunity available. In my previous reports it was recommended that the school be evaluated. This was a simple task which was not and has not been done to determine the needs in the areas laid out below.

For this report Carol Brooks a JJ educational expert reviewed the school program with some push back from the school administration. According to Mrs. Brooks there was hesitancy, foot

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dragging and apprehension by the school as stated in her report and in her discussion with me in her goal to evaluate the school. I continue to recommend that the school follow the system developed by Rankin County where students being tested are tested away from the regular school programming and all other students are still in class receiving educational programming.

There are many conflicts between the mandates of the court, the school and the facility. Students who have court are not allowed to return to the classroom after their appearances, teachers suspend students from school based on their needs rather than the parameter of the detention facility and an already stretched staff becomes more stretched. These types of issues create problems that the line staff cannot surmount. There has to be one set of rules that are all encompassing for the facility that makes for a safe and secure environment and complies with the need for order within the facility.

The school should review their staffing to ensure that it is meeting the needs of the educational program (i.e. need physical educational, staff and an additional GED teacher).

I am still recommending that the school and the facility review the policy of not allowing residents to return to school after court. Further, the following areas should be addressed based on my interviews from my previous report with school staff:

A.

“policy and procedure”

B.

“everyone needs to know what to do”

C.

“the expectations should be written even kids should know them”

D.

“policy and procedure should be based on detention standards”

E.

“everyone should have the tools to do their job”

F.

“proper staffing is needed”

G.

“staff should be well trained to deal with this population”

These are areas that should also be addressed as I have discussed in my previous reports. The school should use small portable classrooms (which can be placed on the grounds of the facility within the security fencing) to help alleviate the congestion for students and teachers who are now forced to teach class in a storage closet. This is below any standard, educationally or detention and is not conducive to learning. Again below are my recommendations from my previous reports.

Recommended School Plan: A. The Henley-Young Facility will create and implement a plan to provide all of the following services and programs within their control related to the aspects of residents’ education: a. maintain an adequate physical facility for education, b. provide adequate security and support in the classroom, c. establish an in-school points system based on rewards and consequences for behavior, d. establish and implement a schedule for transporting residents to and from school that assures that residents will have the opportunity to receive the required hours of educational services mandated by law.

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B. Develop policies and procedures for all of the areas discussed above.
Solution/Plan 1. The Henley-Young Facility will make every effort to develop and formalize an interagency agreement between the Jackson Public School System and the HYC that: a. Provides adequate security within the school premises (including classrooms) for all residents including those residents requiring protective services or other special needs. b. Residents requiring protective services or other special needs shall have the same or equivalent educational services as other residents. c. Create an alternative educational plans for residents removed from the classroom for medical or behavioral issues. d. Provides a schedule for transporting residents to and from school that ensures that residents will have the opportunity to receive the hours of educational services mandated by law. e. Outline a cross training curriculum for HYC school employees and detention employees, which include an orientation and a safety curriculum and mandatory annual refreshment training for employees of the school. f. Ensure trainings will provide educational staff with appropriate facility policies that relate to or overlap with the school’s operations to include the policies regarding rules, discipline and the behavior management program. g. Include development of a plan and appropriate materials for various educational levels, to be distributed and explained to residents in the health care unit, in room confinement or otherwise unable to participate in normal school classroom activities. h. Ensure the class schedules are driven by the security of the facility and that the school looks toward developing individual learning plans for each student in the school. 2. The Facility Director or designee shall review the circumstances surrounding the placement of all residents who are in isolation or seclusion, or residents who do not attend school for medical reasons and other behavioral maintenance processes to assess the feasibility of an early release to attend school each day. a. A list of the residents that are not allowed to attend school and the reasons for the administrative restriction shall be documented and distributed to the Principal of the HYC School. b. The Facility Director shall designate a liaison to interact with school daily and the JPS Administration should create a position for Compliance Administrator to review the progress of the school on a weekly basis. c. All instances in which school activities are suspended by the facility due to incidents or other extraordinary circumstances shall be reported to the Compliance Administrator within 24 hours.
When the School Principal or designee is having issues, whether of a safety nature or any other problems, they should be reported to the compliance administrator and the facility Director or designee immediately. I am recommending again that the Jackson Public School system
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(JPS) hire a compliance officer to ensure that the school educational standards are being met (Is the new principal the compliance officer?). Below are the compliance ratings and summary of ratings that will be used in this report. Please be reminded that though most are in Non-Compliance, policy development is most important and the start of this process. However, as stated above the facility has made progress on some provisions which moved them from Non-Compliance to beginning compliance. Please note that many of the comments and recommendations in the provisions are restatements of previous reports because in those areas little movement has been made. The new Director should use these comments as a road map to developing a successful facility plan. He must also develop a comprehensive corrective action plan for guidance. That plan should have the following:
A. Clearly state the problem or weakness, including the root cause B. List the individuals who will be accountable for the results of the corrective
action plan C. Create simple, measurable solutions that address the root cause D. Each solution should have a person that is accountable for it E. Set achievable deadlines F. Monitor the progress of the plan The graph has been included to show the progress made thus far on the 71 provisions:
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Compliance Code Measurements
Substantial Compliance (SC): Practices follow the county-approved policies, training materials or other documents; practices follow policy with rare exception and exceptions lead to corrective action; trained staff fill all positions and vacancies are filled within 3 months; the County has completed work in an acceptable manner; policies, procedures and practice and training are fully operational and quality-assurance audited and audit exceptions lead to corrective action; outcomes meet or exceed agreement requirements.
Partial Compliance (PC): Policy and procedure is implemented in some but not all locations or times; staff are hired but not trained; the County is working on implementation but tasks are not completed; system implemented at some but not all locations or times, outcomes meet or exceed agreement requirements some of the time and in certain area.
Beginning Compliance (BC): Policy and procedure is written by the county but has not been implemented; funding and hiring authority are approved by the County but positions are not filled; training materials prepared and approved by the county but training has not started.
Non-Compliance (NC): No action taken and immediate steps needed to maintain schedule or prevent further delay. A policy may exist, but the policy may need significant revision or modifications and rarely translates into practice.

Provision

Intake

1.(1) All Residents Admitted to Henley Young 1.(2) MAYSI-2 Mental Health Screening 1.(3) Prescription Medications 1.(4) Meal Compliance 1.(5) Telephone Usage 1.(6) Strip Search Policy

6th Report
NC NC NC BC BC BC

7th Report
NC NC NC PC PC BC

8th Report
NC NC NC SC SC BC

9th Report
NC NC NC SC SC PC

Provision 2.(1) 2.(2) 2.(3)

Staffing and Overcrowding Direct Care Staff Ratio Maximum Capacity Adjustment One-Person Cell

NC

NC

NC

NC

PC

SC

SC

SC

PC

SC

SC

SC

Provision

Cell Confinement

3.(1) Structured, Rehabilitative & Educational Programming NC

NC

BC

BC

3.(2) Appropriate Access to Living Unit

NC

NC

NC

NC

3.(3) Dangerous Residents

NC

NC

NC

NC

3.(4) Isolation

NC

NC

NC

BC

3.(5) Direct Care Staff on Units

BC

BC

BC

BC

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Provision

Structured Programming

4

Educational, Rehabilitative, and/or Recreational Programs

6th

7th

8th

9th

Report Report Report Report

NC

NC

BC

BC

Provision

Individualized Treatment Plans/Treatment Program for Post-Disposition Residents

5.(1) Residents Access to Adequate Rehabilitative Services

NC

NC

NC

NC

5.(2) Health and/or Substance Abuse Treatment

NC

NC

NC

NC

5.(3) Treatment Plans

NC

NC

NC

NC

5.(4) Review of Individual Treatment Plans

NC

NC

NC

NC

5.(5) Evening and Weekend Programs and Activities

NC

NC

NC

NC

5.(6) Quality Assurance Program

BC

PC

PC

PC

Provision

Disciplinary Practices and Procedures

6.(1) Implement a Discipline Policy and Practice

6.(2) Policy for Residents Violations

NC

NC

NC

NC

NC

NC

NC

NC

Provision

Use of Restraints

7.(1) Mechanical Restraints

BC

BC

BC

PC

7.(2) Mechanical Restraints – Transportation

PC

BC

PC

SC

7.(3) Misuse of Mechanical Restraints

BC

PC

PC

SC

7.(4) Mental Health – Use of Mechanical Restraints

BC

BC

BC

BC

7.(5) No Restraint Chairs, Chemical Restraints and/or Tasers SC

SC

SC

SC

7.(6) No Hogtying in Facility

SC

SC

SC

SC

7.(7) Mechanical Restraints – One-On-One Supervision

PC

PC

PC

SC

7.(8) Mechanical Restraints – Notice to Medical Professional BC

BC

BC

PC

7.(9) No Electronic Restraints

PC

SC

SC

SC

7.(10) No Firearms in Facility

SC

SC

SC

SC

Provision

Use of Force

8.(1) No Misuse of Use of Force

8.(2) Notice to Medical Professional After Use of Force

NC

NC

NC

NC

BC

PC

PC

PC

Provision 9.(1) 9.(2) 9.(3)

Meals and Nutrition All Meals and Snacks Must Be Nutritional Comply with Nutrition Guidelines Provide Drinking Water Throughout the Day

PC

PC

PC

PC

BC

BC

BC

BC

BC

PC

SC

PC

Provision

Clothing

10

Provide Basic Clothing Items

Provision

Hygiene and Sanitation

19

BC
6th Report

PC
7th Report

PC
8th Report

PC
9th Report

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11.(1) Provide Appropriate Hygiene Products

BC

PC

PC

PC

11.(2) Provide Sleeping Mats and Blankets

PC

PC

PC

SC

11.(3) No Deprivation of Mats and Blankets

PC

PC

SC

SC

11.(4) Sufficient Sanitary Mats and Blankets

PC

SC

SC

SC

11.(5) Clean and Sanitary Environment

BC

BC

BC

BC

11.(6)

Fire Safety, Weather Emergencies, Sanitation Practices, Food Safety, and Provide Safe Environment

BC

BC

BC

BC

11.(7) Clean Drinking Glasses and Eating Utensils

PC

PC

PC

PC

Provision

Medical Care

12.(1) Provide Residents With Adequate Medical Care

NC

NC

NC

NC

12.(2) Provide Medical Professional When Needed

NC

NC

NC

NC

12.(3)

Implement a Sick Call Policy to Ensure 24 Hour Services

NC

NC

NC

NC

12.(4)

Prescription Medications Only Dispensed by Medical Staff

NC

NC

NC

NC

12.(5) Provide Medical and Mental Health Services

NC

NC

NC

NC

12.(6)

Proper Monitoring Residents Who Require Individualized Attention

NC

NC

NC

BC

Provision 13.(1) 13.(2)
13.(3)
13.(4) 13.(5)
13.(6)

Mental Health Care Provide Adequate Mental Health Care Residents and Psychotropic Medications Within 72 Hours of Admittance Complete an Individual Mental Health Treatment Plan Implement Policies and Procedures for Referrals Sufficient Psychiatric Services Psychiatrist and/or Counselors to Record Review to Ensure Proper Care

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

Provision

Suicide Prevention

14.(1) Multi-tiered Suicide Prevention Policy

BC

BC

BC

BC

14.(2)

Evaluate Highest Level of Suicide Watch Every 12 Hours by Medical Professional

BC

BC

BC

BC

14.(3)

Closely Monitor Suicide Watch Residents During All Activities

BC

BC

BC

BC

14.(4)

Court Shall be Notified Within 24 Hours of Any Residents on Suicide Watch

BC

BC

BC

BC

Provision

Family Support and Interaction

15.(1) Visitation Shall Not Be Restricted or Withheld

15.(2) Provide Accommodations for Contact Visits

PC

PC

SC

SC

PC

SC

SC

SC

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Provision

Family Support and Interaction (cont.)

15.(3) Visitation Shall be Regularly Scheduled 15.(4) Phone Calls Shall be Allowed Based on Policy

6th Report
PC BC

7th Report
SC PC

8th Report
SC PC

9th Report
SC PC

Provision

Miscellaneous Provisions

16.(1) Provide Equal Access To All Services

BC

BC

BC

BC

16.(2)

Provide the Opportunity To Participate In Large Muscle Exercise Every Day

NC

NC

NC

NC

16.(3)

Prohibit the Use of Profanity in the Presence of Residents

BC

BC

BC

BC

16.(4) Provide Adequate Grievance Policy

BC

BC

BC

BC

16.(5)

Provide Residents of All Ages With the Opportunity to See Their Attorney and/or Residents Court Counselor

BC

BC

BC

BC

The following are my observations and recommendations specific to the provisions of this agreement.

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1. Intake
Provision1.1 Intake
Status Discussion

All residents admitted to Henley-Young shall receive a health screening, within 1 hour of admission or as soon as possible as reasonably thereafter, by appropriately trained staff as required by Mississippi Code Annotated § 43-21321. Information obtained during the screening shall include, but shall not be limited to, the juvenile’s: (a) Mental health; (b) Suicide risk; (c) Alcohol and other drug use and abuse; (d) Physical health; (e) Aggressive behavior; (f) Family relations; (g) Peer relations; (h) Social skills; (i) Educational status; and (j) Vocational status.” Mississippi Code Ann. § 43-21-321(1). During this screening, Henley-Young shall obtain information regarding the resident’s educational status by having the residents or intake officer complete an education screening form developed and provided by the Jackson Public School District.
Non-Compliance
During this visit and as with my previous visits, I find that the County still needs to comply with the above mentioned Intake provisions. The facility has developed policies and procedure regarding this provision. I advise that the recommendations provided by Dr Boesky be used to fully develop these policies. Further the staff should be trained and when needed retrained. The policies for this provision should be consistent for all youth entering the facility. Since this is a key provision, the facility, mental health and medical divisions should be involved in developing these policies, procedures and protocol. The school should also develop a separate intake process. For this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see attached XX).

There are still youth who are entering the facility who are identified based on the MAYSI-2 screening who have identified suicidal and mental health risks that are not being addressed.

Recommendations

Please see recommendations below:
1. Fully develop admitting policies and procedures to reflect provision 2. The court should provide staffing for intake purposes 3. The facility should provide enough staff to fully cover the care and
custody issues in the facility 4. Ensure all staff who admit residents are properly trained 5. Develop training records 6. Provide documentation in an organized way on residents being
screened/admitted (files) 7. Ensure all residents’ records are available for my review with all areas
of the provisions placed in the resident’s file

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Evidentiary Basis

8. See Dr. Boesky's report/recommendations. Document review, observation, interviews

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Provision 1.2 Intake
Status Discussion

All residents shall receive a MAYSI-2 mental health screening upon admission, as required by Mississippi Code Annotated § 43-21-321. The screening will be conducted in private by appropriately trained staff of Henley-Young. If the screening indicates that the residents is in need of emergency medical care or mental health intervention including, but not limited to, major depression, suicidal ideation, withdrawal from drugs or alcohol, or trauma, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation immediately or as soon as reasonably possible.
Non-Compliance
The status of this provision remains as non-compliance. As stated in my last report (8th), the facility needs first to answer the following questions below; then follow the recommendations.
A. What are the program objectives for mental health screening?
B. What are the characteristics or common traits the program wants to identify for emergency or follow-up clinical consultation?
C. What MAYSI-2 scores will the facility use as the signal for the program staff to obtain clinical consultation or services?
D. What mental health follow-up services are available when the resident’s MAYSI-2 score indicates that they are needed?
E. In what way will the facility develop a database that creates a profile of mental health needs in the population and program \decisions and adjustments needed to improve mental health services for the residents?
In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
Develop and follow mental health plan.

Recommendations

1. Develop comprehensive policy and procedures for this provision. 2. Develop resident files that are organized and arranged properly 3. Develop training and provide documentation of training 4. Identify person or person(s) whose responsibility is to score the
instrument 5. Provide documentation on who reviews the instrument and note
what services are provided for the residents in the facility and what services should continue when the residents leave the facility 6. Develop process whereby facility staff and court employees develop a system for the sharing of information and reviewing of residents’

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Evidentiary Basis

files which are centrally located and accessible to detention staff. 7. Develop plan 8. See Dr. Boesky's report/recommendations.
Document review, observation, interviews

Provision 1.3 Intake Status Discussion
25

Prescription medications will be secured for all residents who have a valid, current prescription within 8 hours of admission, if possible, but in no case, longer than 24 hours after admission, including weekends and holidays. If during a resident’s detention, a medical professional either prescribes a new medication or renews a resident’s previous prescription medication, HenleyYoung will secure the prescription medication within 8 hours of receiving the prescription, if possible, but in no case, longer than 24 hours after receiving the new prescription, including weekends and holidays. Henley-Young shall procure and/or purchase all prescription medications prescribed to confined residents.
Non-Compliance
The facility should continue to follow the recommendations below which are the same as in the previous report. The initial intake/admission process is a critical part of residents’ transition when they are entering the facility.
It should be noted, residents are not receiving physicals as required based on minimal juvenile detention standards and the Mississippi Youth Court code (43-21-321). In addition, there is no Pharm D to oversee medication administration and dosage. I saw no biomedical hazard receptacles, which implies that the facility has no contract with a waste removal company.
Again, based on my review of documents and observation, over the past two and a half years no doctor, physician’s assistant or practitioner has been hired. Also, there are no policies, procedures or protocols to guide these nurses. Therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action. I did meet with the current medical providers and they are in agreement that policies, procedures and protocols are needed. In addition, it should be noted that the company that is providing the medical services is a temporary staffing agency therefore there is a strong need for a licensed medical doctor, physician’s assistant or a practitioner must be involved in developing the medical department.
In addition to this report, Dr. Ngozi Ezike, an expert medical physician, with expertise in juvenile detention health services reviewed medical services within Henley-Young Juvenile Detention Facility. Dr. Ezike’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit). As stated in my introduction the county has hired a new medical management

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Recommendations

company (QCHC) to provide medical services to the facility. It should be noted that youth are not receiving physicals as required based on minimum juvenile detention standards and the Mississippi Youth Court Code (43-21321). There is also no Pharm D to oversee medication administration and dosage. Again, there are no policies, procedures, or protocols to guide nurses and staff. Therefore, I am reiterating again that my suggested actions and recommendations from my previous report be reviewed and put into action (see ending statement Dr. Ezike).
1. Hire a Medical Doctor, physician’s assistant or a practitioner. This person must be involved in developing the medical department and to direct medical care.
2. Develop written policy and procedures or protocol for this provision 3. Document staff training on distribution and side effects of medication 4. Provide documentation on efforts to obtain prescription drugs 5. See Dr. Ezike report and recommendation.

Evidentiary Basis Document review, observation, interviews

Provision 1.4 Intake Status Discussion
Recommendations

Upon admission to Henley-Young, all residents shall be offered a snack or meal in compliance with the United States Department of Agriculture’s School Meals Program standards.
Substantial Compliance
The facility has maintained substantial compliance on this provision based on my observation, interviews and review. Therefore the facility must continue to follow the recommendations below.
1. Continue in the development of policies and procedures for this provision.
2. Procedures should be part of intake/admission procedure. 3. Ensure there are snacks or sandwiches available for residents being
admitted between 6 pm and 5 am. 4. Ensure enough staff members are available to fully comply with the
policies and procedures.

Evidentiary Basis Document review, observation, interviews

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Provision 1.5 Intake Status Discussion
Recommendations

Upon admission to Henley-Young, all residents shall be permitted to telephone a parent or legal guardian free of charge and to take a shower before being placed on the pod.
Substantial Compliance
The facility has remained at substantial compliance on this provision, based on my observation and review. Therefore the facility must continue to follow the recommendations below.
1. If officers have been trained on this policy, they may need retraining. 2. Develop a consistent way to document the intake process that shows that a
phone call and shower were completed. 3. Develop policy and procedure for this provision.(executed) 4. Train staff and document this training.

Evidentiary Basis Document review, observation, interviews

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Provision 1.6 Intake
Status Discussion

Within 60 days of the date of this agreement, Henley-Young shall develop and implement policies that limit strip searches to instances where Henley-Young staff has an articulable suspicion that a resident may possess weapons or contraband. Anytime a strip search is conducted, Henley-Young staff must document, in writing, their suspicion, obtain permission from a supervisor, and conduct the search in a manner that minimizes the intrusion into the resident’s privacy.
Partial Compliance
The status of this provision has moved to partial compliance. Based on my interviews with residents and review of documentation, there is contraband still being brought into the facility. However, as stated below, the facility needs to continue to ensure that safety and security is first to control the level of contraband entering the facility as stated in my previous report. I reiterate my statement below on ACA guidelines regarding contraband and my experience in institutional settings. (It is always better to be safe.)

It should be noted again that, there is contraband still entering the facility.

Although there is an agreement between the Board and SPLC regarding strip searches, I disagree with this as does the ACA as stated below. As it relates to proper intake and safety and security in a secured environment, the following must exist. Security (secured) is defined as “being free from danger or risk of loss: safe, fear from fear or doubt, anything that gives or assures safety”. Security is an intricate and essential component of a juvenile detention facility. The process for admitting a resident to detention is extremely important. There is an art to getting residents fully and smoothly involved in the detention program. The admission process is what is called the “critical hour” because it is the first encounter with the resident. It is the first impression, sets the tone and it establishes the ‘flavor’ for the entire stay in detention. Detention is a complex situation, placing troubled residents together in a confined environment with high levels of uncertainty. The risk for problems is very high for both residents and staff. Good detention facilities supply staff with a substantial amount of information at admission. Since the first moments are critically important because it sets the tone it is important to have the best staff assigned to the admissions area. In addition, it is very important for staff to understand that youth are coming off the street based on being arrested and they are not aware of the circumstances surrounding the arrest or if the youth were properly searched by the arresting police officer. There are natural consequences when this process is not completed correctly. Therefore, to be clear the following should apply to residents being searched upon entering the facility. When staff are authorized to conduct a strip search, these guidelines should be observed for the staff’s protection:
 a strip search should occur only after staff have had training on how to conduct a strip search

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 strip searches should be conducted in a private area of the detention facility
 staff must maintain a professional demeanor throughout the process  the resident should be asked to remove all of their clothing, and staff
should refrain from inappropriate comments and staring  staff should not touch a resident during a normal strip search  staff are only permitted to conduct a strip search on a resident who is of
the same sex
Drug-related offenses, violent offenses, and serious felony offenses do constitute a reasonable suspicion to conduct a strip search. Additionally, the frisk search at admission and the inventory search of property may uncover contraband that creates a reasonable suspicion to conduct a strip search. Staff should be advised to conduct a strip search on all juveniles at admission.1 ACA recommends completing a strip search as part of the admission process. In the absence of case law on the subject, conducting a strip search as a routine part of the admission process is advisable. Body-cavity searches are to be conducted by a licensed health care provider with the authorization from the responsible physician and facility administrator; staff should never conduct a body-cavity search. Specific reference is made to a visual, manual, or instrument search of a residents’ anus and/or vagina. (Desktop Guide for Good Juvenile Detention)
The facility has stabilized this area with permanent staffing on the day and afternoon shift. However, during my review of videos youth were left in this area unsupervised during the changing from evening to night shift, which must be addressed. A youth was able to obstruct the lock and leave the cell without staff being aware of what occurred.
Again, based on my observations and review, as stated in my last report, the facility does have policy and procedures for this provision. During my interview with residents I found no residents who acknowledged there was inappropriate intrusion during the search process upon their admission to the facility. Although this is an area of concern, strip searching is necessary to ensure no contraband enters the facility. As long as searches are conducted in a humane manner by an officer of the same sex as the resident, no resident’s rights are being violated. My greatest concern is still that in my interviews I learned that some of the residents reported that they were not searched before being placed on a unit. The process I observed was very loose and not well structured. It is important that the officers follow the policies and procedures as they direct this process. Failure to follow these procedures presents the possibility of having a very dangerous situation in the facility. The facility must follow its policies and procedures to provide a safe and secure environment. Continue to comply with this provision.
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Recommendations

1. Staff must be provided with the necessary training with information stating the trainer, name of the training class/course, time, date and location of training.
2. This documentation should be kept and logged in facility records 3. Continue to provide enough staff for adequate coverage 24/7.

Evidentiary Basis Document review, observation, interviews
1Although, this provision will need modification, I understand that Hinds County has ceased its practice of strip searching residents during the admission process at Henley-Young unless there is an articulable suspicion that a resident possesses weapons, drugs, or contraband and is in the process of implementing a policy that complies with the consent decree.

2 Staffing and Overcrowding

Provision 2.1 Staffing and Overcrowding

Within 90 days of the date of this agreement, Henley-Young shall operate with a direct care staff to resident ratio of 1:8 from the hours of 6:00 a.m. until 10:00 p.m. and a ratio of 1:10 from the hours of 10:00 p.m. to 6:00 a.m.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance. Based on document review, observation and interviews, the County has not complied with maintaining the resident population of 32. The population at times has moved to 50+ residents which means that the original 91 staff must be hired. The increase in population has created additional stress on the facility which has forced them to return to locking down residents because of staff deficiencies. I am concerned that without the stabilizing of the population the facility will revert back to its original ‘environment’.

The question we should ask, does the staffing plan agreed upon in 2014(32 youth) meet constitutional standards as it relates to adequate staffing? However, based on the increase in youth being detained at Henley-Young, the original staffing plan is now required. Because of the apparent need for more staffing, the facility must have time to hire and train new staff. As professionals in the field have concluded “Crowding is not just a housekeeping problem that simply requires a facility administrator to put extra mattresses in the day room when lights are out. Years of research and court cases have concluded that overcrowding produces unsafe, unhealthy conditions for both staff and residents.” When staffing ratios fail to keep pace with the populations, the prevalence of violence and suicidal behavior rises. In addition, the staff habitually resorts to increase control measures as lockdowns and mechanical restraints. As it relates to mechanical restraints the facility is doing a very good job not using them except for transportation.

Again, as stated above there are still many conflicts between the mandates of the court, the school and the facility. Students who have court still are not

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allowed to return to the classroom after their appearances, teachers still suspend students from school based on their needs rather than the parameter of the detention facility and an already stretched staff becomes more stretched. These types of issues create problems that the line staff cannot surmount.
This is another indication that when there is not sufficient and appropriate staff available, officers have a tendency to not engage residents on their inappropriate behavior, which in turn affects any structured programming. Again, the Henley-Young officers are compelled to inappropriately react to minor misbehaviors, out of fear that small situations will become big ones. As stated in my last report, the facility continues locking down residents that present potential conduct issues so other residents will be safe. Further, the officers are not equipped to handle residents with mental health problems due to their lack training and not having enough mental health professionals or mental health services available. This lack of service only exacerbates a resident’s misbehavior when they are outside their rooms. They have nothing to lose because their misbehavior only gets them a return to their rooms. This approach of locking residents down for minor inappropriate behavior (i.e. talking out of turn, being somewhat verbally disruptive etc.) or displaying suicide ideation’s is counter-productive for the residents because it is equivalent to awarding the residents for their misbehavior. This not in line with good juvenile detention practices. Because there are no qualified mental health professionals, at Henley-Young, residents are isolated and their needs are not being met. This situation places direct care staff in a quandary on how to handle these residents. Without regular access to mental health professionals, these children often deteriorate and staff members become apprehensive regarding their next step, so isolation becomes the norm. This should be addressed by the new director.
Again, during this visit my observations and my record review revealed that because of the inadequate staffing levels there are no consistent security checks of residents who are placed on behavior management or isolation. There were residents placed on behavioral management and isolation without the appropriate documentation on the doors. This indicates that the residents are not being properly observed during this period, and that no records are being made of the residents’ behavior while in behavior management or isolation. Therefore, there is again a need for major training as it relates to behavior management and isolation of residents at Henley-Young.
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Recommendations Units

Day Shift Evening Shift Night Shift Total

A officer

3

3

2

8

B officer C officer

3

3

2

8

3

3

2

8

D officer

3

3

2

8

Intake

1

1

Master Control

1

1

Staff for Court

Transportation

2

2

Internal

Transportation

2

2

Laundry

2

2

*Director

1

*Deputy Director

1

*Operation

1

Manager

Supervisors

3

3

26

23

Duty Post Staffing/Administration

1

3

1

3

4

4 4

2

8

12

61

61 Direct care/supervisor/laundry staffing X 1.5 Relief Factor—Total staff needed to effectively operate the facility—91.5 1 to 8 Awake—1 to 10 Sleep

Evidentiary Basis

Misc. post coverage Medical/MH Hospital Runs One on One MH/Medical Visitation *Administration *Maintenance
Document review, observation, interviews

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Provision 2.2 Staffing and Overcrowding
Status Discussion

If the staff-to-residents ratio falls below the requirements of section 2.1 for longer than two (2) days, the Director or his assignee shall immediately identify residents accused of nonviolent offenses who are eligible for less restrictive alternatives to secure detention and request an emergency release for eligible residents from the appropriate Residents Court. The maximum capacity of Henley-Young shall be calculated by determining how many direct care staff members can supervise residents in accordance with section 2.1. The current maximum capacity of Henley-Young is 84.
Substantial Compliance
The facility continues to be in substantial compliance on this provision based on my review of documents, interviews and observations. The facility does have policies and procedures in place signed by the Court Administrator; the youth court Judge, and the Executive Director.

Although the facility has not reached its maximum capacity of 84 and there is a procedure in place to ensure steps are taken for releasing of residents who meet the criteria there is a concern regarding facility staffing and it capacity .Even though the provision is in substantial compliance the County agreed that the population would be capped at 32 beds .It has now far succeed the 32 bed population agreed upon with the federal court. .Therefore, this provision may need revision .This fluctuation creates a staffing and safety concern if there is not enough staff to maintain safety and security which may be a constitutional violation.
Recommendations Continue to provide training to ensure that everyone is aware of the new policy and prepared for implementation should the need arise.
Evidentiary Basis Document review, observation, interviews

Provision 2.3 Staffing and Overcrowding Status
Discussion

No more than one resident shall be placed in a one-person cell.
Substantial Compliance The facility continues to be in substantial compliance on this provision. I found no indication that the facility had more than one resident in a room.

Recommendations

The facility has developed policies and procedures for this provision.
1. Develop and provide adequate training for this provision. 2. All training shall be documented.

Evidentiary Basis Document review, observation

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3 Cell Confinement

Provision 3.1 Cell Confinement

Residents shall be engaged in structured, rehabilitative, and educational programming outside of their cells during the hours of 7:00 a.m. to 9:00 p.m. each day, including weekends and holidays.

Status

Beginning Compliance

Discussion

The facility remains at beginning compliance. See comments below.

During this visit, I found that although the facility had a daily program, it was not being followed. Again, as I discussed in my last report, youth placed out of school or on isolation must be provided with education and structured activities. During this visit, there were youth who were out of school and on their units with no educational staff and in their rooms. In addition, there was a youth placed in the intake area for safety issues not involved in school for several days (Youth A.M). The facility is also in the process of hiring a new recreation position to assist in developing this programming. As stated in my introduction, the facility needs to secure the frames I mentioned for security, structure, and to ensure schedules are not pulled down and discarded, which will provide a sense of order. See attached. It should be noted that the facility education program has been reviewed with reluctance by an outside juvenile education expert (see exhibit). It should also be noted that the facility is developing a behavior management program. The facility needs to maintain structure and consistency in daily schedules and routines. Again, staff must be removed from the towers. They should only be in towers as needed and not as a place for just gathering. There is also a need to fully develop a facility-wide reward and incentive program.

Recommendations

Again, please review the introduction as it pertains to activities, recreation and programming. As to the school I direct you to read the introduction. My review of the files showed that there is still no case management within the facility. According to the residents, their basic recreation consists of playing cards and dominoes. They are allowed to go outside but there are no scheduled activities. Other than sitting on the bleachers and playing basketball for those who are engaged in that sport, there was nothing for residents to do. The facility continues to develop its positive behavioral management programs within the facility.
1. Develop policies and procedures for this provision. 2. Review the schedules to be sure that they adequately reflect all daily
activities. 3. Develop positive behavior management systems with rewards and
consequences. 4. Remove the dark film from the Plexiglas in towers on unit which
would allow staff to view the unit without there being visual obstruction (when lights on).Executed

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5. Develop monthly recreation schedule. 6. See all of the recommendations for recreation activities and
programming and for the school in the introduction. 7. Purchase frames for facility activities and schedule 8. Hire recreation staff 9. Fully develop award and incentive program
Document review, observation, interviews

Provision 3.2 Cell Confinement
Status Discussion

Except when residents are in protective custody or confined subject to section 3.3 of this Settlement Agreement, residents placed in the Suicide or Booking cells shall be allowed to spend the hours of 7:00 a.m. to 9:00 p.m. on the appropriate living unit and to have the opportunity to engage in structured, rehabilitative, and educational programming, unless medically counter-indicated.
Non-Compliance
The status of this provision remains as non-compliance
Based on my review of documents and observation, there have been youth placed in the booking area who have not been involved in structured programming and were not supervised. This was apparent during the visit. Youth (AM) was placed in a booking cell for several days at the request of SPLC according to the facility administration. However, this youth was not involved in any structured programming. In addition, this youth was identified as having mental health issues because he was placed in a mental health smock during his time in the area. Also, my reviewing of videos revealed youth unsupervised in the area. As in my last report, there is a need for policy and procedures development, proper staffing, and supervision.

My review of documents and observations showed that the facility still has not developed policy and procedures for this provision. During my review, I found residents on the unit living area still not being supervised. Again, as stated in my introduction, there were residents who were not allowed to attend school for the remainder of the day after returning from court. This is an issue that needs to be addressed immediately. Again during this visit, I observed residents who wanted to return to school but were not allowed. As stated previously, I recommend that students who are disruptive in the classroom and are removed from the classroom receive either behavioral management or are written up and receive due process. However, they should continue to be a part of the educational process. The school needs to revise any policies they may have regarding suspension of students from a school within a controlled environment. A student cannot be suspended from school in a detention facility therefore

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the school needs to develop a better behavioral management system. If a resident is removed from school due to behavioral problems that resident should never be placed in the booking area.
The facility still needs to develop data collection tools to use to determine and identify who is placed on units, time, length etc. when they are placed out of school. The facility remains non-compliant with this provision, therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.

Recommendations

1. Follow recommendations as set forth in section 3.1. 2. Develop adequate policies and procedures for this provision. 3. Develop data collection for residents who are placed in protective
custody or confinement. 4. Residents who are removed from school should be placed in a
designated living area.

Evidentiary Basis Document review, observation, interviews

Provision 3.3 Cell Confinement
Status Discussion

Residents who pose an immediate, serious threat of bodily injury to others may be confined in their cells for no longer than 12 hours at a time without administrative approval. Residents who are placed on cell confinement for this reason shall be released from their cells daily to attend school, maintain appropriate personal hygiene and to engage in one hour of large muscle exercise. Staff must perform visual checks on residents who are subject to cell confinement every 15 minutes. Staff must document all instances of cell confinement in writing and must document the justification for determining that a resident poses an immediate, serious threat of bodily injury.
Non-Compliance
During this review, I observed that youth were still being placed in their rooms without administrative or supervisory approval. These were also youth who were in their cells that were not in school or structured programming. During this visit I found the youth who were in their room had no review sheets on their doors. It should be noted that staff are still stationing themselves in the tower and are not in the proximity of youth they are to supervise. In my opinion with the increase in population, some kids not in school, youth not having proper mental health services, the staff is becoming overwhelmed again. Please see last report, the facility has developed a due process system however, staff need to follow it. In addition, there needs to be ongoing training and increased supervision by the administration or hire additional supervision. The QA Department is developing good data, which should continue. However,

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the data must be used to provide a greater understanding of the facility operations.
The status of this provision remains as non-compliance. Based on my review of documents, interviews with residents and staff and observation, residents are still being confined in their cells for long periods of time without appropriate documentation. During this visit, I again found residents, although they were not all locked in their rooms, they were on the units without being engaged in any meaningful programming or activities because they were placed out of school. Staff was still in the towers and not interacting with the residents on the unit. I have discussed this in my previous reports stressing that there must be enough staff in order for the staff and the residents to be engaged and for the safety and security while residents are on their units. Supervising residents from the tower fails in the face of good supervision and rehabilitation.
Therefore the statements below from my previous report (7th/8th) still stand.
During this visit, I did find that the facility has developed a system for procedural due process for facility violations. However, there are no supervisory checks to the process which are critical to ensure that staff are following the policies and procedures and not just placing residents in their rooms discriminately. As stated in my previous reports the facility has developed policies and procedures and the QA department is still doing a good job. However, there is still a need for adequate training to ensure everyone is following the process. Again see my discussion of this matter in the introduction. Though processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and standardized way of running the facility.
1. Develop adequate policies and procedures for this provision. 2. For residents placed in their rooms, develop forms that indicate the
time residents will be in their rooms and post it on their doors. 3. Ensure that supervisors sign off on the form in 15 minute staggered
visual checks when residents are placed in their rooms. 4. Develop a system of major and minor consequences for behavior. 5. Develop form for 15 minute checks and include in policy.

Evidentiary Basis Document review, observation, interviews

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Provision 3.4 Cell Confinement
Status
Discussion

Residents shall not be automatically subjected to cell confinement and/or isolation upon their admission to Henley-Young unless he or she would be subject to cell confinement under section 3.3.
Beginning Compliance
This status of this provision has moved to beginning compliance.
This provision has moved to beginning compliance. The facility has assigned two intake officers during the day to this area. I found no indication that youth who were entering the facility during the first shift were locked down upon admittance. However, in my review of video for the afternoon shift it was revealed that youth were being placed in the admission cells and left alone with no supervision. This is an area that still needs to be addressed. Part of operating a facility is to ensure staff is consistently following policy and procedure. To follow on one shift and not the other is counterproductive. Policy and procedure must comport with practice.

Recommendations

1. Develop adequate policies and procedures for this provision. 2. Ensure all staff is trained and document training. 3. See provision 3.3 4. Ensure practice is consistent with policy and procedure. 5. Ensure there is adequate staffing and supervision for this area

Evidentiary Basis Document review, observation

Provision 3.5 Cell Confinement
Status Discussion

At all times between the hours of 7:00 a.m. to 10:00 p.m., at least one direct care staff shall be stationed on any living unit where two or more residents are placed, and direct care staff shall be actively engaged with residents. From 10:00 p.m. to 7:00 a.m., staff shall conduct visual checks on residents every 15 minutes. Henley-Young shall ensure that every cell has an operating intercom that allows residents to communicate with staff at all times.
Beginning Compliance
This provision remains as beginning compliance. Again, I found youth alone on units and in their cell without any staff supervision. As stated in my Introduction, the staff continues to remain in towers. There must be additional supervision. See last report.

The status of this provision remains as beginning compliance, therefore my discussion below still stands.

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Recommendations

The facility has developed a policy and procedures regarding this provision. Again due to the lack of staff, or the deployment staff, it is very difficult for the facility to address this provision. During this visit I found residents were left unsupervised as stated in my previous reports and this continues to happen. Again, residents were on the unit without supervision although one staff was in the tower. There were doors opened on the unit which also allows for serious things to happen between residents. This is a major area of concern and must be addressed. It continues to make me uneasy as it has during my previous visits. Review of documentation and direct observation reveals that staffing continues to be a major problem at Henley-Young. The facility remains at beginning- compliance with this provision, therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action. Since a policy has been developed this provision remains in beginning compliance (see Introduction).
1. Develop adequate policies and procedures for this provision. 2. Provide adequate staffing. 3. Provide adequate staff supervision. 4. See my last report 5. Review the deployment of staffing

Evidentiary Basis Document review, observation, interviews

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4 Structured Programming

Provision 4 Structured Programming

Henley-Young shall administer a daily program, including weekends and holidays, to provide structured educational, rehabilitative, and/or recreational programs for residents during all hours those residents shall be permitted out of their cells, pursuant to section 3.1. Programming shall include:
a. activities which are varied and appropriate to the ages of the residents;
b. structured and supervised activities which are intended to alleviate idleness and develop concepts of cooperation and sportsmanship; and
c. Supervised small group leisure activities, such as a wide variety of card and table games, arts and crafts, or book club discussions.

Status

Beginning Compliance

Discussion

The status of this provision remains at beginning compliance.

Based on my review of documents, staff and youth discussion and observation, the facility continues to struggle to develop an adequate structure program. The facility is in the process of hiring another recreation staff to replace the previous one. The facility needs to fully develop the program to have clear and consistent programming. This should include proper programming for girls. The facility does not have a posted schedule throughout the facility for staff and youth to follow. Also during this visit I found that girls were still in their rooms although shifts had changed. This indicates that there was no consistent programming. The programming must have the following;

A. Comprehensive policies and procedures B. Reasonable rules and expectations C. Order D. Organization and clarity F. Clear rewards and incentives G. Reasonable and consistently implemented sanctions H. Case management to ensure youth are there is a collaborative process that assesses, plans, implements, coordinates, monitors, and evaluates the options and progress youth are making during their stay.

Recommendations

In addition for this report, Carol Cramer Brooks a detention education expert reviewed educational services within Henley-Young Juvenile Detention Facility. Ms Cramer Brooks report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Continue to develop adequate policies and procedures for this

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provision. 2. Provide adequate schedules for weekdays and weekend
programming and act on it. 3. Develop an adequate monthly recreation schedule with age
appropriate games and programs. 4. The facility need to hire an officer dedicated to developing and
monitoring recreational programs. 5. Hire case management staff.
Document review, observation, interviews

6. Individualized Treatment Plans Treatment For Post-Disposition Residents

Provision 5.1 Individualized Treatment Plans Treatment Program for PostDisposition Residents

Henley-Young shall ensure that residents have access to adequate rehabilitative services. Henley-Young shall ensure that children placed in the facility post-disposition will receive constitutionally compliant rehabilitative services.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance, therefore my statements below still stand.

See the discussion of the 89 day program in the Introduction.

Since there is no structured programming outside of individual counseling, the County needs to hire case managers to provide initial and ongoing case management services (i.e. treatment planning, family assessments, educational assessments, referrals for mental health or health services). Also the case manager will identify indicators of goals achieved, specify the person responsible for implementing the resident’s and family’s treatment goals; update treatment plans; and develop discharge plans with recommendations. In addition, the facility needs counselors who are responsible for a resident’s safe adjustment to secure confinement.

Recommendations

In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Develop adequate policy and procedures to meet this provision. 2. Either fund properly or discontinue the 89 day program.

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3. Review light weight residents in program (i.e. disturbing the family peace) and find alternative placement for them.
4. Fund appropriate staffing to develop individualized treatment plans for residents in 89 day program.
5. Develop and fund alternative community programming for residents in 89 day program that can be serviced in community.
6. Hire 3 case managers who are assigned and work for the facility director.
7. Hire case management staff.
Document review, observation, interviews

Provision 5.2 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall ensure that residents in need of mental health and/or substance abuse treatment and/or who are in the facility post disposition shall have appropriate treatment plans developed and implemented in accordance with generally accepted professional standards of practice for mental health and rehabilitative services.
Non-Compliance
The status of this provision remains as non-compliance. Again, see the technical assistance provided to the court dated November, 2014. Also see introduction on 89 day program. There has only been a name change to the program. However, there is still the need to hire case managers to create a possible treatment program if the county intends to meet this provision.

Recommendations

In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Develop adequate policies and procedures for this provision. 2. See recommendations under (5.1). 3. Hire case management staff. 4. Purchase case management system

Evidentiary Basis Document review, observation, interviews

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Provision 5.3 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status

Henley-Young shall implement policies and procedures for the required content of treatment plans, which shall include;
a. That the treatment plan be individualized; b. An identification of the mental and/or behavioral health and/or
rehabilitative issues to be addressed; c. A description of any mental health, medication or medical course
of action to be pursued, including the initiation of psychotropic medication; d. A description of planned activities to monitor the efficacy of any medication of the possibility of side effects; e. A description of any behavioral management plan or strategies to be undertaken; f. A description of any counseling or psychotherapy to be provided; g. A determination of whether the type or level of treatment needed can be provided in the resident’s current placement; and h. A plan for monitoring the course of treatment, and if necessary, for revising the treatment plan. i. A description of the precise terms the of the facility’s long-term and short-term objectives for the residents, the full range of services to be provided, and procedures, and timetables and staff assignments for the implementation of such treatment plan; j. A plan for regularly engaging the family in the resident’s treatment plan; k. A comprehensive re-entry plan that will assist the residents re-enroll in their home school and access medical, mental health, vocational and rehabilitative services based in the community.
Non-Compliance

Discussion Recommendations

In addition for this report, Dr. Ngozi Ezike, an expert medical physician, with expertise in juvenile detention health services reviewed medical services and Dr. Lisa Boesky, an expert mental health consultant, reviewed mental health services within Henley-Young Juvenile Detention Facility. Dr. Ezike’s and Dr. Boesky’s reports were submitted prior to this official report to give the facility an opportunity to begin implementation of their recommendations (see exhibit).
1. Develop comprehensive policies and procedures for this provision that includes the contents (A-K).
2. The County/Court shall define the criteria for the program a. It is important that post dispositional programs in other facilities be reviewed. b. Often seeing what is being done in other facilities provides insight into how to develop and operate these programs.
3. Provide dedicated staff to manage program. 4. Provide intensive training to these staff members.

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a. Train staff in various treatment modalities i.e. cognition, behavioral modification, modeling, psychotherapy, reality therapy, group therapy and group dynamics and other skills required to successfully facilitate the goals of the 89 day program.
b. Create treatment teams c. Develop case planning and program development d. Assessment of the program to determine if it meets the needs
of the court placed residents. e. Assessment tool to regularly monitor the success or lack of
success of all residents in the program. 5. Provide auxiliary training to all other direct care staff. 6. Hire case management staff.
Document review, observation, interviews

Provision 5.4 Individualized Treatment Plans Treatment Program for PostDisposition Residents Status Discussion
Recommendations

Henley-Young shall institute a program of periodic staff reviews every three weeks and evaluations of each resident’s progress under his/her individualized treatment plan and of the appropriateness of the plan itself and Henley-Young’s plan for such review.
Non-Compliance
In addition for this report, Dr. Ngozi Ezike, an expert medical physician, with expertise in juvenile detention health services reviewed medical services and Dr. Lisa Boesky, an expert mental health consultant, reviewed mental health services within Henley-Young Juvenile Detention Facility. Dr. Ezike’s and Dr. Boesky’s reports were submitted prior to this official report to give the facility an opportunity to begin implementation of their recommendations (see exhibit).
1. Develop comprehensive policies and procedures for this provision. 2. Provide training to all staff. 3. Identify roles and responsibilities of direct care, treatment and
educational staff as it relates to the staffing for 89 day program through policies and procedures and adequate funding and staffing. 4. Hire case management staff.

Evidentiary Basis Document review, observation, interviews

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Provision 5.5 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement a program that provides for evening and weekend programs and activities that allow residents to engage in meaningful activities.
Non-Compliance The status of this provision remains as non-compliance, therefore my statements below still stand. See the technical assistance provided to the court dated November, 2014.

Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating the actions and recommendations from my previous report below. The programming of the facility is at a standstill as it relates to this provision. There are very few activities on weekends therefore there is no meaningful programmatic, structured activities except for card playing and dominoes. Take note of the discussion of these issues in the introduction.

Recommendations

1. Develop comprehensive policies and procedures to meet the needs for this provision.
2. Provide adequate staffing for this program. 3. Develop a monthly recreational program with activities. 4. Keep records of activities provided and note those that were not
provided and why. 5. Purchase board games etc. 6. Hire recreational staff. (executed) 7. Hire case management staff.

Evidentiary Basis Document review, observation, interviews

Provision 5.6 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement an adequate quality assurance program.
Partial Compliance The QA department at Henley-Young continues to develop their data fields. There is significant improvement from no data to what is being developed

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now. The QA staff should be commended and encouraged to continue their effort. Based on my discussion with the administration, the county's IT department will be working with the facility to create and develop data sets that will produce reports that will provide the facility with the system to evaluate the current operations and provide the facility with information that will help them make better decisions as administrators and as facility operators.
Now the following is needed:  I will provide the facility with templates for assistance in the full development of this process.  QA Data Collection Info  See introduction

Recommendations 46

1. Develop comprehensive policies and procedures to meet the needs for this provision for the facility, school program and SICU program.

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2. Health Care: continuously assess the quality and adequacy of the health services provided, accurately evaluate the performance of staff providing health services and address identified deficiencies.
3. Recreation and Social programs: continuously assess the quality and adequacy of social and recreational programming provided; accurately evaluate the performance of staff in providing these programs.
4. Environmental Health and Safety: continuously assess the quality and adequacy of environmental health and safety, accurately evaluate the performance of staff in providing a safe and healthy environment and properly address identified deficiencies.
5. Discipline and order: continuously monitor use of discipline and promptly address misuse or over use of discipline and other identified deficiencies.
6. The facility must continue to develop monthly performance measures to indicate achievement in the desired area.
7. Review State of Florida Quality Assurance Model and for assistance in developing contact CJCA Performance Based Standard for Juvenile Detention Programs, also use ACA standards to establish policy guidelines.
8. Develop data collection system 9. See introduction
Document review, observation, interviews

6 Due Process/Isolation/Disciplinary Practices and Procedures

Provision 6.1 Disciplinary Practices and Procedures

Henley-Young shall implement a discipline policy and practice that incorporates positive behavior interventions and support. This policy shall include guidelines for imposing graduated sanctions for rule violations and positive incentives for good behavior.

Status

Non-Compliance

Discussion

Although the facility has a due process policy in place, the facility still needs to train staff in how to carry out sanctions for rule violations and positive incentives. In addition, youth are not aware of the sanctions and rules for the behavioral management system. There were also no rules or sanctions posted in the facility. Again in my discussion with youth and staff observation and document review, I found very little indication that positive behavior intervention or incentives for behavior modification were present (i.e. counseling, early bed, loss of privileges, mediation, etc.). Therefore, my statement below still stands. See last report.

Again, this is a critical component of the disciplinary and behavioral management process to ensure residents are treated fair, humane and that

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there is no misuse of the isolation and disciplinary process (review the introduction regarding this matter). The facility is implementing a due process behavior system which is partially complete. Based on my review of the documents the facility has initiated due process hearings, however staff officers are not adequately trained and the residents are not aware of the infractions and consequences because they have not received proper orientation to the program. The bottom line is there is inadequate orientation for entering the facility. There is still no positive incentive program for good behavior and sanctions for rule violation. Based on my review of documents and observation, positive behavioral intervention and supports are not in place and are still being worked on for this provision. I reiterate, the suggested actions and recommendations from my previous report. The facility should continue to follow the recommendations from the previous report. The facility is making improvement on the due process isolation and practice procedures. Although processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and standardized method of running the facility.

Recommendations

In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Develop adequate policies and procedures for this provision. 2. Develop new resident handbook. Residents are to receive these
handbooks during orientation and sign for it. a) They shall include resident’s rights, major and minor rule violations
and the grievance policy. b) The handbook will explain to residents in their own language the
rules and shall also be explained by staff that will have them sign and date a form indicating that both processes have occurred. c) These rules shall be posted on each unit. 3. Due process rules shall be posted on each unit. 4. Develop positive behavior intervention programs. 5. Assign and train an independent person(s) to handle due process isolation hearings. The person(s) must be independent of the unit staff. 6. Ensure residents who are in isolation are provided recreation and education services.

Evidentiary Basis Document review, observation, interviews

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Provision 6.2 Disciplinary Practices and Procedures
Status Discussion

Residents who violate major rules may be subject to cell confinement for up to 24 hours for a single rule violation. An occasion in which a resident is alleged to have contemporaneously violated multiple major rule violations shall count as a single rule violation for the purposes of this section. No residents shall be confined to a cell for longer than 8 hours for a single rule violation without receiving written notification of the alleged rule violation and the occurrence of a disciplinary review/due process hearing before an impartial staff member, which includes participation by the accused residents. Under no circumstances shall residents be subjected to involuntary cell confinement for longer than 24 hours for disciplinary purposes. Residents who are placed on cell confinement shall be released daily from their cells to attend school, maintain appropriate personal hygiene, and to engage in one hour of large muscle exercise.
Non-Compliance
The facility does have a due process system in place. However, during this visit I found youth that were placed in their rooms without any hearings. There were also youth left in their rooms after shift change and during the day without staff supervision. These youth were also not receiving any educational services during this time. Since this is new to the new director I am reiterating my statement from my previous report. (See Dr. Boesky’s report)

Recommendations

Again, when residents are accused of a major rule violation, they should be provided with a notice of the violation and an explanation of their right to have a hearing in which they are able to present their side of the event to an unbiased party, call witnesses on their behalf and ask for staff representation if it is requested. The hearing officer is required to interview the resident and any parties that observed the incident. Residents who require a due process hearing who are on the mental health caseload should have a qualified mental health professional determine whether being placed in isolation could cause a decline in functioning or any other relapse. The hearing officer may impose a variety of sanctions including the loss of privileges, restrictions, or isolation. The hearing officer may credit the resident for any time served in behavior management isolation pending the hearing. The residents have the right to appeal the decision of the hearing officer to the Director. My review of documents and interviews with staff and residents revealed the need for additional training to take place regarding this process. The staff and residents were unfamiliar on how the process works; therefore it is critical for the facility administration to review their policy and procedure on due process. It should also be noted that residents must see the process as fair.
1. Develop policies and procedures for this provision. 2. Develop sheets to place on door of any residents in confinement that
identifies the reason for confinement and is review and signed by

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supervisor. 3. Ensure residents in confinement receive education and recreation
services. 4. See 6.1 recommendations. 5. Provide training for all staff on these policies and procedures.
Document review, observation, interviews

7. Use of Restraints

Provision 7.1 Use of Restraints Mechanical

Mechanical restraints shall not be used to punish residents or for the convenience of staff. Mechanical restraints shall only be used to prevent self-harm and/or harm to others, subject to section 7.4, and for transportation to and from court, subject to section 7.2.

Status

Partial Compliance

Discussion

The status of this provision has moved to partial compliance. Based on my review of documents, interviews with youths and observations at this time I found no indication of overuse of mechanical restraints with the exception of transferring residents out of the facility.

Recommendations

Again, I reiterate it should be noted that well run facilities only use mechanical restraints for transportation or exigent circumstances which may arise at any facility under supervisory approval.
1. Officers shall receive training on policy and procedures. 2. Officers shall be trained on when it is appropriate to use mechanical
restraints. 3. All training shall be documented. 4. The policy will require the documentation of any use of mechanical
restraint and use of force incidents. 5. Restraint log should be implemented. 6. Continue to follow policy

Evidentiary Basis Document review, observation, interviews

Provision 7.2 Use of Restraints Mechanical
Status

Nothing in this section shall prohibit mechanical restraints from being placed on residents who are being transported to and from court or out of the facility, if staff have reason to believe that a residents presents a flight risk or is an imminent danger to the residents or others, or will engage in violent behavior. However, mechanical restraints should be removed immediately after the resident is placed in a cell and at no time shall a resident be placed in a cell wearing mechanical restraints.
Substantial Compliance

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Discussion Recommendations

The facility has moved to substantial compliance on this provision. Based on my review of documents, interviews with youths and observations at this time I found no indication of overuse of mechanical restraints with the exception of transferring residents out of the facility. This should continue.
1. Develop and provide remedial training for this provision. 2. All training shall continue to be documented. 3. The policy will require the documentation of any use of
mechanical restraint and use of force incidents. 4. Operationalize the edicts of this provision. 5. Additional supervision needed to ensure mechanical restraints are
not misused. 6. Continue to follow the process to remain at SC.

Evidentiary Basis Document review, observation, video recordings and discussion with residents

Provision 7.3 Use of Restraints Status Discussion
Recommendations

Restraints shall not be used to secure residents to a fixed object such as a restraint chair, bed, post, or chair.
Substantial Compliance
The facility has moved to substantial compliance on this provision. Based on my review of documents, interviews with youths and observations at this time I found no indication of overuse of mechanical restraints with the exception of transferring residents out of the facility. However, to remain at substantial compliance the facility continues to follow the recommendations (2, 3 and 4) below.
1. Complete the comprehensive policies and procedures for this provision.
2. Provide training for staff within the facility as described above on this provision and provide documentation of training.
3. Develop and use a mechanical restraint log. 4. Provide training on de-escalation techniques to try to use mechanical
restraints only as a regular part of facility transport. 5. Additional supervision needed to ensure mechanical restraints are
not misused.

Evidentiary Basis Interviews, observation and document review

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Provision 7.4 Use of Restraints
Status Discussion
Recommendations

No residents shall be restrained for longer than 15 minutes, unless restraints are approved by a mental health professional or if determined to be necessary under section 7.2 or as reasonably necessary to prevent the residents from engaging in acts of self-harm or harm to others. If a residents must be restrained for longer than 15 minutes in order to prevent self-harm, that residents shall, as quickly as possible, be evaluated by a mental health professional or transported to a mental health facility.
Beginning Compliance
In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations
1. Continue to develop comprehensive policy and procedures for this provision with mental health professionals.
2. Provide training for staff on policy and procedures and document training.
3. Provide training on de-escalation techniques. 4. Develop Mental Health protocols for this provision. 5. Hire mental health professional or agency.

Evidentiary Basis Document review

Provision 7.5 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not use, or allow on the premises, restraint chairs, chemical restraints and/or tasers.
Substantial Compliance
I would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision. The facility should still ensure that below recommendations continues to be followed.
1. Ensure staff is following policies and procedures as it relates to this provision.
2. Document all training provided to all staff. 3. Ensure firearms and tasers are secured in a lockbox prior to entering
secured area. 4. Retrain staff when deemed necessary.

Evidentiary Basis Document review, observation, video

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Provision 7.6 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not subject residents to “hogtying,” which is the practice of placing a resident’s face down on a bed, floor, or other surface, and securing the resident’s hands to his feet.
Substantial Compliance
I would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision. The facility should still ensure that below recommendations continues to be followed.
1. Provide on-going training for staff on policies and procedures. 2. Continue to document all training provided to all staff.

Evidentiary Basis Observation, document review and interviews

Provision 7.7 Use of Restraints Status Discussion
Recommendations

When a resident is placed in mechanical restraints, staff must provide oneon-one supervision for the duration of the restraint, except when mechanical restraints are deemed to be necessary for the reasons specified in section 7.2.
Substantial Compliance
The status of this provision has been moved to substantial compliance.
The facility should continue with following the recommendations listed below.
1. Provide on-going training for staff on policies and procedures. 2. Continue to document all training provided to all staff. 3. Ensure that residents who are placed in mechanical restraints are
seen by a medical professional. 4. Restraint log should be implemented 5. Additional supervision needed to ensure mechanical restraints are
not misused.

Evidentiary Basis Document review

Provision 7.8 Use of Restraints
Status

Henley-Young shall notify a medical professional whenever a resident is placed in mechanical restraints for reasons other than those specified in section 7.2. A medical professional shall examine the residents as soon as possible after restraints are removed, except when the residents was restrained for the reasons specified in section 7.2.
Partial Compliance

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Discussion Recommendations

The status of this provision has moved to partial compliance.
My review of documents again reveals that youths are being seen by medical professionals after the use of mechanical restraints. However, based on my observations and review of documents, I am reiterating that although policies and procedures are developed, there must still be adequate training and instruction to ensure that staff complies with policies and 8procedures. During this visit and my discussion with the new medical staff, there were indications that not all incidents youth were involved in were being reported. Therefore, the facility administration must ensure that supervisor are monitoring the facilty and very visible throughout the facility during their shifts. There is a strong need for accurate and consistent reporting of incidents. When incidents are not reported correctly, the integrity of the reporting system falls into question. This is also a training issue. As I have stated previously in my reports there must be a single matching reporting system used by all facility staff including the school. My review shows, the school still uses a different reporting system than the facility. This must be addressed to ensure consistency in the process.
1. Develop comprehensive policies and procedures for this provision.(Executed)
2. Provide training on policies and procedures. 3. Document all training provided to all staff. 4. Ensure that residents who are placed in mechanical restraints are
seen by a medical professional. 5. Ensure that information being reported is accurate and consistent. 6. A single matching reporting system for the entire facility.

Evidentiary Basis Document review

Provision 7.9 Use of Restraints Status Discussion
Recommendations

Hinds County does not currently and shall not in the future allow officers to enter the secure detention area of the facility with any electronic restraints, including, but not limited to tasers.
Substantial Compliance
The facility has remained at substantial compliance on this provision based on my most recent visit and my observations and review of documents. The facility should still ensure that below recommendations continues to be followed.
1. Provide training for staff on policy. 2. Document all training provided to all staff.

Evidentiary Basis Document review

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Provision 7.10 Use of Restraints Status Discussion
Recommendations

Henley-Young is required to ensure that no officer enters the secure detention area of the facility with a firearm.
Substantial Compliance
I would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision. The facility should still ensure that the recommendations below should continue to be followed. Also see provision 7.9 as it relates to tasers. I would also reiterate under no circumstances should any staff, anyone connected to the facility, and law enforcement etc. have firearms on the premises especially in secure areas. All weapons must be secured in appropriate locked areas of the building.
1. Provide on-going training for staff on these policies and procedures. 2. Continue to document all training provided to all staff. 3. Have signs displayed at all entrances for securing firearms and
tasers. 4. Staff needs to remain vigilant in ensuring this provision is followed
and ensure that all persons entering the facility are screened and no firearms on their person entering a secured area of the building.

Evidentiary Basis Document review, Observation

Use of Force Provision 8.1 Use of Force Status Discussion
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Physical force shall not be used to punish residents. Staff shall only use physical force to stop residents from causing serious physical injury to self or others or to prevent an escape. If physical force is necessary, staff must use the minimum amount required to safely contain the residents. Whenever possible, staff shall avoid the use of force by first attempting verbal deescalation techniques. Staff shall be required to fully document in writing every instance of use of force.
Non-Compliance
The status of this provision remains as non-compliance. Based on this review, I found that staff has been reluctant to engage youth and reduce the level of facility destruction (i.e. television, water sprinklers, locks etc.) This was made evident by watching several videos of incidents.
Again, the facility still needs to develop policies and procedures for this provision. Based on my review of documents, I found very little de-

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escalation used and/or documented in incident reports. Due to the lack of structured programming, inadequate mental health services, behavioral modification (level or token economy systems) there is an increase in youth destruction at this time, which is a reversal from staff use of force as discussed in my previous report. In reviewing documents and video recordings, staff is still making decisions regarding use of force based on instinct and without proper or procedural training. During this visit I reviewed a video where a youth caused major destruction (breaking sprinkler heads which caused the unit doors to unlock, breaking lights and flooding) in the unit and several other youth helped. However, staff never engaged and the destruction did not end until law enforcement arrived. This could have ceased to happen if the staff would have deescalated the situation in the beginning.
Therefore my statements below still stand.
Based on my review of documents, the facility still needs to develop policies and procedures for this provision. In my review of incident reports, I found that there have been incidents of use of force. However I found no indication that any de-escalation techniques were used. Although officers are doing reports, they are not accurately recording information. When officers are captioning information, it should be truthful, accurate and detailed enough so they can testify on their observations two years from now if needed. It still appears from reviewing documents that report writing training is needed. Also there is a major need for de-escalation and proper restraint training and accurate documentation of incidents. In addition, reports must be legible, in plain English, and specific behavioral terms should be used.
Regardless of how accurate and useful an observation may be, it has no value to others unless it is recorded legibly. Police and other juvenile detention facilities have addressed the legibility problem by typing their reports. Most agencies are completely computerized, and some are experimenting with laptop computers. Computerized records may eliminate legibility problems for this facility. Some reports are still written in flowing script (cursive) and on various forms. There should be one facility wide form used to capture information. This has been stated in my previous reports. In addition, there is a major need for data collection as it relates to use of force. This was also stated in my previous reports. There is a need for good data collection keeping regarding, medical and mental health, education, social services and all other operational services provided to the resident. Good data will assist the facility in determining answers to some of the following examples:
A. The location of use of force B. The number of use of force incidents
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C. The number of use of force requiring mechanical restraints D. The type of restraint used E. Grievances F. The number of incidents requiring chemical agents G. The number of incidents involving non-lethal security devices
(i.e. batons, tasers, etc.) H. The number of use of force incidents resulting in injury to
residents or staff I. Plan of action to address each incident (i.e. disciplinary action,
staff training or remedial training, resident’s isolation, resident’s behavior management, resident’s mental health screening or evaluation etc.)

Recommendations

It should be noted that the facility data has improved. Therefore, it is becoming easier to pin point areas for improvement.
1. Develop policy and procedures for this provision. 2. Provide training for on policies and procedures 3. Document all training provided to all staff. 4. Adapt an appropriate curriculum for training staff on the use of
verbal de-escalation skill and safe use of physical restraints or mechanical restraints. 5. Revise form to distinguish between physical and mechanical restraints. 6. Contact the National Partnership for Juvenile Justice for recommendations on training program in this area. 7. Document and file report when there is use of force. 8. Ensure any time use of force is used residents are seen by a medical professional 9. Follow the facility’s chain of command which will reduce staff confusion.

Evidentiary Basis Document review, interviews

Provision 8.2 Use of Force
Status Discussion

Henley-Young shall notify a medical professional, including but not limited to the licensed practical nurse on duty whenever physical force is used against a resident. A medical professional shall examine a resident immediately after the use of physical force.
Partial Compliance
The facility has hired a new medical company to handle medical service at Henley-Young. However, there is still a need for the development of medical protocol. The facility has remained at partial compliance on this provision based on my review of documents, interviews with residents and observations.

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Based on my interviews with nursing staff, I found that some youth were not being seen by medical personnel in a timely manner or when they were involved in physical altercations.

Recommendations

Please see the report of Dr. Ngozi Ezike, an expert medical physician, with expertise in juvenile detention health services reviewed medical services within Henley-Young Juvenile Detention Facility. Dr. Ezike’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Complete procurement of services as quickly as possible. 2. Continue to develop comprehensive policies and procedures for
this provision. 3. Provide on-going training to staff on policies and procedures. 4. Continue to document all training provided to all staff. 5. Review nursing schedule and provide more hours at facility. 6. Provide written documentation of examination of residents by
medical professional in every instance. 7. Provide additional medical services after hours and on
weekends. (executed) 8. Document and file in resident’s records when there is use of
force.

Evidentiary Basis Document review, interviews, observation

9. Meals and Nutrition

Provision 9.1 Meals and Nutrition

Residents shall be provided three meals and a snack daily. If a residents misses a meal because he or she is attending court, or some other appointment, he or she shall receive the missed meal upon his or her return to detention.

Status

Partial Compliance

Discussion

The status of this provision remains as partial compliance.

It should be noted that during this visit food is being prepared at the facility and served in a timelier manner. However, residents still complain about the portions they are receiving and the presentation. As stated in my last report, the food service area is in need of maintenance, repair and cleanliness.

Again, as stated in my previous reports, food service is an important part of institutional life. A comprehensive food service program must be developed if the facility is to meet the unique needs of its juvenile population. Juvenile health, nutrition, and morale in this environment are all directly related to

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Recommendations

the effectiveness of the food service program. Meals served to incarcerated juveniles must be nutritionally balanced and calorically adequate. They must be tasty, appealing, and served in an aesthetically acceptable manner to avoid conduct and behavior problems. If juveniles believe the facility’s staff and management have maximized their efforts to provide a healthy and appealing food program, conduct can and will improve.
1. Continue to review portions to ensure residents receive enough food during meals.
2. Develop policy and procedures for this provision.(executed) 3. Continue to provide training for kitchen staff and all other staff
members involved with handling food and preparing meals. 4. Continue to document compliance with this provision. 5. Food should be served in a timely manner and consistent with
facility schedule once developed. 6. Review the National Food Service Management Institute from the
University of Mississippi that details “Food Safety Facts”. 7. Food service area is in need for maintenance, repair and cleanliness.

Evidentiary Basis Document review, observation, interviews

Provision 9.2 Meals and Nutrition Status
Discussion

All meals and snacks served to residents at Henley-Young shall, at a minimum, comply with the nutrition guidelines set forth in the United States Department of Agriculture’s School Meals Program standards.
Beginning Compliance
The status of this provision remains as beginning compliance. As stated provision 9.1 and in my introduction, residents continue to complain that they are not receiving enough to eat and that the food is still cold when it arrives on the units.
Therefore my statements below still stand.
It should be noted that I have not seen any training records or had the opportunity to meet with the nutritionist. The nutritionist should be made available upon my next visit.

Recommendations

1. Develop policy and procedures for this provision(executed) 2. Provide training for kitchen staff and all other staff members involved
with handling food and preparing meals.

Evidentiary Basis Document review, observation, interviews

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Provision 9.3 Meals and Nutrition Status
Discussion

Residents shall be provided access to drinking water throughout the day.
Partial Compliance
The facility has been downgraded to partial compliance on this provision. Due to the removal of water coolers on the units specifically the girls units. Because of the fear of staff to engage youths and the lack of supervision along with the increase in youths, this has created a level of reluctance on staff to perform their duties. Therefore, staff has removed the coolers from the units. If the coolers are to be removed, the water fountains on the units must be operable.
Based on my discussion with residents, documentation review, observations, and interviews the facility has been providing water during the day. Although the facility had moved to substantial compliance in this provision the recommendations below that the County should repair the water fountains should continue. This would allow the facility to discard the use of water coolers.
Therefore my below statements from my previous report (8th) should still be addressed.

Recommendations

1. Contact County or State Environmental office to conduct test on water system. (executed)
2. Ensure residents receive water during school and recreational periods and at night.
3. Develop a policy for incidents regarding water quality and procedures to address them.
4. Repair inoperable drinking fountains.

Evidentiary Basis Document review, observation, interviews

10. Clothing

Provision 10 Clothing

Henley-Young shall provide basic clothing items for residents at all times. These items must include, at a minimum, socks, underwear, uniform, shoes, and undershirts. For girls, these items must also include a brassiere. When appropriate, Henley-Young shall also provide residents with a coat, hat, and gloves. Residents must be provided with a clean uniform, socks, undershirt, underwear, and brassiere, if applicable, upon intake and at least once per day. No residents shall be deprived of these basic clothing items for any reason, including, but not limited to, as a punishment, because these items are being washed, or due to overcrowding.

Status

Partial Compliance

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Discussion

The facility has remained in partial compliance on this provision. Based on my recent review and observation, I did find socks and underwear that should be discarded. I did meet with the laundry staff and the operational manager to work on a protocol for discarding tattered and ragged clothing. See attached.

Based on my most recent review and observation, the area I reviewed continues to be more organized and functional than before. The laundry staff I interviewed only required minimum technical assistance and were amenable to the recommendations I made regarding organizing certain items by size and are still complying. The facility still needs to develop a system for replacing tattered or damaged clothing on a regular and consistent basis. I will review this area for substantial compliance.

Recommendation

I am still recommending the facility to order non colored underwear and undergarments. This would allow the facility to sanitize the under clothing and sheets by using a more potent cleaner.
1. Check washer and dryer to ensure they are working properly. 2. Ensure that girls and boys are equally involved in cleaning and
folding clothes. 3. Hire 2 laundry staff to ensure clothing is handled properly. (executed) 4. Ensure that all staff and residents wear protective material (smocks
and gloves) when handling chemicals and clothing. 5. Discard clothing that is torn, dingy and in poor condition. 6. Develop a system for replacing clothing on a regular and consistent
basis. 7. Develop schedule for distribution. 8. Develop a system for prewashing clothing (i.e. undergarments etc.)

Evidentiary Basis Document review, observation, interviews, photographs

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11. Hygiene and Sanitation

Provision 11.1 Hygiene and Sanitation

Residents shall be provided with the means to maintain appropriate hygiene, including soap and shampoo for showers, which will occur at least once daily, soap for washing hands after each time the residents uses the toilet, and toothpaste and a toothbrush for tooth brushing, which will occur at least twice daily, a comb and brush, that if shared, shall be sterilized between uses by residents. Girls must be provided with panty liners on a daily basis and other feminine products as needed. Residents will be issued a comb and brush upon entering the facility; however, if residents are issued a recycled comb or brush or a comb or brush that has been used by another residents, Henley-Young shall ensure that the comb and brush is sterilized and in good condition.

Status

Partial Compliance

Discussion

The facility has remained at partial compliance on this provision. I will again review this area for substantial compliance at my next visit. I would also recommend that a licensed barber and/or beautician be retained.

Recommendations

Based on my most recent review and observation, residents were receiving toothbrush, toothpaste and other hygiene products which were provided in individual hygiene kits. Residents still complained about not having combs to groom their hair.
1. Ensure that hygiene kits are properly labeled and residents are not sharing each other’s hygiene products or items.
2. Ensure items such as hair brushes, if shared, are sterilized and in good condition.
3. Provide training for staff on these policies and procedures. 4. Ensure that clean face towels are available for residents. 5. Develop a schedule for distribution of hygiene kits. 6. Retain a licensed barber and/or beautician.

Evidentiary Basis Document review, observation, interviews

Provision 11.2 Hygiene and Sanitation
Status
Discussion

Residents shall be provided with sleeping mats and blankets that are clean and odorless sleeping mats shall be sanitized between uses by residents, and residents shall receive clean blankets weekly.
Substantial Compliance
The status of this provision has moved to substantial compliance. Based on my review of documents and observation, the facility needs to continue to ensure that mattresses and blankets are discarded properly

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Recommendations

Policies and procedures have been developed. The facility has provided training to ensure that the process outlined in the policies and procedures is followed. The facility needs to continue to monitor the condition of the blankets and mattresses for signs of holes and tattering The facility needs now to follow the recommendations below.
1. Continue to discard all blankets and mattresses that are tattered and have holes in them.
2. Clean and maintain laundry area in orderly fashion. 3. Develop forms or system of documentation for distribution and
inventory 4. Label and designate an area for towels, sheets, clothing etc.

Evidentiary Basis Document review, observation

Provision 11.3 Hygiene and Sanitation Status
Discussion

Under no circumstances shall residents be deprived of mats and blankets.
Substantial Compliance The facility remains at substantial compliance. I found no indication that residents have been deprived of mats and blankets.

Recommendations

The facility administration needs to continue to be vigilant regarding staff adhering to the process outlined in the policy and procedures regarding the issuing and maintenance of mats and blankets.
1. Provide training to staff on policy and procedures. 2. Develop system for inventory and distribution

Evidence

Observation, and document review

Provision 11.4 Hygiene and Sanitation Status
Discussion

Henley-Young shall maintain a sufficient number of clean, sanitary mats and blankets that correspond with the facility’s maximum capacity.
Substantial Compliance
The facility remains at substantial compliance, as I found no indication based on my observation and documents review that residents were being denied mattresses and blankets. There were enough blankets and mattresses. As stated in provision 11.3, the facility administration needs to continue to be vigilant regarding staff adhering to the process outlined in the policy and procedures regarding the issuing and maintenance of mats and blankets.

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Recommendations

1. Develop policies and procedures for this provision. (executed) 2. Provide training to staff on policy and procedure. 3. Provide an inventory of mats and blankets.

Evidentiary Basis Observation and document review

Provision 11.5 Hygiene and Sanitation
Status
Discussion

Residents shall be provided with a clean, sanitary environment.
Beginning Compliance
The status of this provision remains as beginning compliance. During this visit, I found that the facility continues to need of major physical plant maintenance; showers needed repair, toilets were filthy, mold and mildew in the showers, several showers did not have hot water, soap scum was in all of the showers, the shower heads were leaking, the units smelled of urine and shower stalls were rusting along with adequate lighting being an issue. In addition, there were holes in several of the shower stall walls. See exhibits.

Recommendations

Therefore my statements below still stand. Building maintenance is an ongoing and continuous process. Please review the introduction.
1. Develop policies and procedures for this provision. (executed) 2. See areas in discussion that should be addressed. 3. Develop housekeeping and cleaning schedule. 4. Develop checklist or inspection report for each unit and area of
building. 5. Develop work order system to ensure that when problem arise they
are addressed. 6. Develop corrective action plans as needed. 7. Provide training for staff on policy and procedures. 8. Ensure delivered food items are dated and rotated from old to new.

Evidentiary Basis Document review, observation, interviews

Provision 11.6 Hygiene and Sanitation Status Discussion
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Hinds County shall ensure that Henley-Young complies with relevant law regarding fire safety, weather emergencies, sanitation practices, food safety, and the elimination and management of environmental toxins. Beginning Compliance The status of this provision remains as beginning compliance.
In my review of documents, I have not seen any updates from my

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previous visits therefore my statement below stands.
I am reiterating there be internal monthly checks and maintenance annually and in the event when the fire extinguisher is used it must be replaced or recharged by a certified company. Again, the facility needs to have another full review of the fire and sprinkler system to ensure that all violations were corrected.
Again, with the above being said there are no indications that the sprinkler or fire systems are working adequately. However during the facility disturbance were youth flooded the unit, there were no records of the fire marshal reviewing the system to determine its operation and or functionality. As stated before the sprinkler system must comply with national fire protection standards. Again, although the facility has policies or procedures regarding fire safety it begs the question, “Has the facility been evaluated by a Fire Marshall that is licensed and certified by the State of Mississippi?” In addition, the kitchen is in need of a major cleaning and sanitizing.

Recommendations

1. Develop policies and procedures and plans for fire safety, evacuation etc. (executed)
2. Develop adequate staff training regarding fire safety. 3. Properly maintain and repair fire equipment. 4. Ensure intercom systems are operating properly. 5. Ensure all mattresses used by residents are fire resistant. 6. Routinely test all fire equipment and system. 7. Ensure that all electrical outlets, wires and equipment (lights) are
properly working. 8. Develop work order system to ensure items are repaired.

9. Ensure that all areas in this provision are addressed by a certified professional.
10. Review entire fire safety program/system 11. Facility needs to develop corrective action plan. 12. Clean and Sanitize kitchen 13. Develop cleaning procedures

Evidentiary Basis Document review, observation

Provision 11.7 Hygiene and Sanitation Status Discussion
65

Residents shall be provided with clean drinking glasses and eating utensils.
Partial Compliance The status of this provision remains as partial compliance. Based on review of documents and interviews with residents, I found no indication that

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Recommendations

drinking glasses and eating utensils were not cleaned. However, in my review of the kitchen, the kitchen equipment is in need of a major cleaning. Therefore, my statement above stands. The kitchen is in need of major cleaning.
1. Develop policies and procedures for this provision. (executed) 2. Provide a thorough cleaning of the kitchen and all equipment and Utensils

Evidentiary Basis Document review, observation and interviews

12.Medical Care

Provision 12.1 Medical Care

The parties agree, however, that henceforth, Henley-Young shall provide residents with adequate medical care, including: prompt screenings; a full physical exam within 72 hours after their detention hearing or disposition order, as applicable; access to medical professionals and/or prescription medications when needed; and prompt transportation to a local hospital in the case of a medical emergency. Hinds County is responsible for procuring and/or paying for all medications provided to residents.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance. Based on interviews and observations and document reviews, the County has hired a new medical company at Henley-Young. However, there is still a need for policies, procedures, or protocols in place for the facility. The County has the responsibility to maintain medical care and provide medication and all other needs for residents. On this provision, I am still reiterating that the actions and recommendations from my previous report should be reviewed and followed. The County must look at the medical filing system in place at this point and change it to meet contemporary medical standards. See additional discussion in the sections 1.2 and 1.3.

Recommendations

Please see medical report from Dr. Ngozi Ezike, an expert medical physician, with expertise in juvenile detention health services reviewed medical services within Henley-Young Juvenile Detention Facility. Dr. Ezike’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit)
1. Develop policies, procedures and protocols for this provision. 2. Develop policies and procedures and protocols based on standards
for Health Services in Juvenile Detention and Confinement facilities. 3. Provide training for staff members who administer medication to residents on proper usage and possible side effects. Also, train the

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staff on emergency protocols if side effects occur. 4. Have a licensed medical professional review and sign off on policy,
procedures and protocols. 5. Have a licensed health professional periodically review and provide
supervision to the nurse at facility. 6. Develop forms to coincide with provision. 7. Remove medication from bags and place them in secure, organized
areas and develop forms to determine what medications are present in the facility at all times. 8. Hire or have on contract a physician to review medical area. 9. Ensure that residents receive vision exams, dental screenings, mental health screenings, hearing tests, etc. 10. Order folders with 2 dividers, end tab, classification folders in letter size with 2 prongs for medical charts.
Document review, observation, interviews

Provision 12.2 Medical Care
Status
Discussion

Henley-Young shall ensure that a medical professional is available to examine residents confined at the facility to identify and treat medical needs, when necessary.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation. The facility still needs to develop policies, procedures, and protocols. The facility has hired a new medical company to provide services to Henley-Young. (See the Introduction.)

Recommendations

In addition for this report, Dr. Ngozi Ezike, an expert medical physician, with expertise in juvenile detention health services reviewed medical services within Henley-Young Juvenile Detention Facility. Dr. Ezike’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit)
1. Hire qualified medical professional for nights and weekend care. 2. Develop policies, procedures and protocols for this provision. 3. Provide training for staff on this provision.

Evidentiary Basis Document review, observation, interviews

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Provision 12.3 Medical Care
Status Discussion

Henley-Young shall implement its sick call policy and practice which ensures that confined residents who request non-emergency medical attention are examined by a medical professional within 24 hours of a residents placing him or herself on sick call, excepting weekends and holidays.
Non-Compliance
The status of this provision remains as non-compliance based on my interviews, documents review and observation.

Therefore my below statements still stand.

Although the facility has 14 hour nursing service daily during the week and four hours on Saturday and Sunday there is still no policy, procedures and protocols as to how sick-calls should be administered to residents. The facility must develop the processes, and practices for this provision. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see the Introduction).

Recommendations

In addition for this report, Dr. Ngozi Ezike, an expert medical physician, with expertise in juvenile detention health services reviewed medical services within Henley-Young Juvenile Detention Facility. Dr. Ezike’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Develop policies, procedures and protocols for this provision. 2. Place a kite box on each unit. 3. Provide training for staff on this provision. 4. Nurse or designated person, making daily rounds to retrieve kites
(Request for Medical Service Forms).

Evidentiary Basis Document review, observation, interviews

Provision 12.4 Medical Care Status Discussion
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Prescription medications shall only be distributed by licensed medical staff or Henley-Young staff who has been trained by licensed medical personnel. Non-Compliance The status of this provision remains as non-compliance based on my interviews, document review and observation.
Therefore my statements below still stand.
The facility has two registered nurses who are licensed to distribute

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Recommendations

medications to the residents. The problem is that the facility has no policies, procedures or protocols in place to direct this distribution. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see the Introduction).
1. Develop policies, procedures and protocols to address this provision. 2. These policies, procedures and protocols must include the
appointment of a medication administration protocol. 3. There must be a medication record of all medicines administered.
a. One record to reflect all medicines leaving the pharmacy; b. An additional record kept in each resident’s case file. 4. Ensure that the training is comprehensive make certain that all medical contingencies are considered. 5. The staff should be trained on what side effects to look for drugs commonly prescribed to residents with mental health needs. 6. Provide training to staff on the policy, procedures and protocols for this provision. 7. All training should be documented and conducted annually.

Evidentiary Basis Document review, observation, interviews

Provision 12.5 Medical Care Status
Discussion

Medical and mental health services shall be provided in a manner that ensures the confidentiality of resident’s health information.
Non-Compliance
The status of this provision remains as non-compliance based on my interviews, document review and observation.

Therefore my statements below still stand.

The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see the Introduction).

Recommendations

In addition for this report, Dr. Ngozi Ezike an expert medical physician, with expertise in juvenile detention health services reviewed medical services within Henley-Young Juvenile Detention Facility. Dr. Ezike’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Develop policies, procedures and protocols to address this provision. 2. Get HIPAA requirements and institute them the facility. 3. Designate the persons who have access to the resident’s medical

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records within the facility and outside of the facility, but within the juvenile justice system. 4. Provide training to staff on policies, procedures and protocols. 5. Provide training to staff on HIPAA requirements, and document training. 6. Designate a HIPPA Privacy Officer.
Document review, observation, interviews

Provision 12.6 Medical Care
Status
Discussion

Henley-Young shall develop procedures for monitoring residents who require individualized attention because of medical issues that do not involve requiring the residents to sleep on a mat in the visitation room.
Beginning Compliance
Based on my review of documents and observations, this provision is being moved to beginning compliance. There has been no consistent youth sleeping in the intake area with the exception of Resident A.M. who was requested by SPLC to be moved because youth was not feeling safe. It should be noted that this youth had serious mental health issues, and because of the increase in the facility’s population, this was the only space available to house this youth.

Recommendations

The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see the Introduction).
1. Develop policies, procedures and protocols to address this provision. 2. Develop processes of continuous monitoring residents with stable
medical issues, i.e. the care for diabetic residents who are on an insulin regiment.
a. What are the medical requirements of the residents who need monitoring?
b. Who is responsible for the monitoring? c. How are the records kept of the monitoring? 3. Provide training to staff on the policies, procedures and protocols for this provision. 4. Annual competency training.

Evidentiary Basis Document review, observation and interviews

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13. Mental Health Care

Provision 13.1 Mental Health Care

Henley-Young’s contractor, Hinds Behavioral Health Services, shall provide adequate mental health services to all confined residents with a mental health diagnosis or serious mental health need, as indicated by the MAYSI-2. This shall include, but is not limited to, the provision of individual and group counseling sessions upon the request of a residents or the resident’s parent/guardian, access to a mental health professional at the detention center, and the distribution and medical monitoring of psychotropic medications by a medical professional.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided. The only changes to this provision, is the residents’ names have changed. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. It is without question that there are residents entering this facility that need access to structured mental health services (i.e. resident J.N.–several suicide attempts, resident L.M. (suicidal behavior), resident M.C. (attempted suicide), Resident S.T. (attempted suicide), Resident L.G. (attempted suicide), Resident A.M. (attempted suicide), Resident K.M. (self-injury), and Resident Q.H. (attempting to self-harm). See provision 1.2.

There are still inadequate mental health services at this facility. Generally accepted professional standards require that mental health counseling be provided frequently and consistently enough to provide meaningful intervention for residents. Although residents may be seen by Hinds Behavioral Health Services, there is no documentation that indicates the needs of the residents or any planned strategies for the residents once they return to the facility. The Henley-Young mental health counseling is inadequate to the needs of mentally ill residents in both frequency and content. My review of records reveals no evidence of any counseling or use of any treatment plans or strategies. It should be noted that treatment planning, including identifying symptoms and behaviors is a critical part of effective treatment for residents with mental health illness or problems. An effective program should communicate treatment plans for mentally ill residents to all staff involved in the management of the residents in this detention facility and services should be coordinated prior to their implementation. Although some residents who are in need of mental health services are in the 89-day program and are assigned case managers, these individuals have no mental health training and they serve primarily as liaisons between the facility and the courts rather than focusing on coordinating care at the facility for mentally ill residents.

In addition for this report, Dr. Lisa Boesky, an expert mental health

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Recommendations

consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Ensure that the facility has a Standardized Assessment Tool i.e. the MAYSI-2 to use during the intake process.
2. Develop policies and procedures to address this provision. 3. Provide training to staff on policies and procedures and provide
documentation of training. 4. Develop documentation that will track resident’s progress during
their stay at facility. 5. Ensure there is communication between Hines Behavioral Health
Services, Juvenile Court Case Managers and Facility Staff on residents receiving mental health services. 6. Hire case management staff.

Evidentiary Basis Document review, observation, interviews

Provision 13.2 Mental Health Care
Status
Discussion

Residents who are confined for longer than thirty (30) continuous days and who are prescribed psychotropic medications, shall be evaluated by a psychiatrist every thirty (30) days. Such evaluations may be performed by and through employees of Hinds Behavioral Health.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. Please review the Introduction.

Recommendations

In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures. 3. Hire case management staff.

Evidentiary Basis Document review, observation, interviews

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Provision 13.3 Mental Health Care
Status Discussion

Within 72 hours of a resident’s admission to the facility, staff shall develop individual mental health treatment plans for residents who are under the care of a mental health provider. Treatment plans shall emphasize continuity of care and shall ensure that whenever possible, residents are transported to appointments with their regular mental health provider, whether the appointments are standing or made after the resident’s initial detention.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. Please review the Introduction.

Recommendations

In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures. 3. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.). 4. Hire case management staff.

Evidentiary Basis Document review, observation, interviews

Provision 13.4 Mental Health Care
Status
Discussion

Henley-Young shall develop and implement policies and procedures for referring residents in need of psychiatric services to a licensed psychiatrist for a timely mental health evaluation. Such services may be provided by and through employees of Hinds Behavioral Health.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. Please review the Introduction.
In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this

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official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).

Recommendations

1. Develop policies and procedures to address this provision. 2. Provide and document training to staff on policies and procedures. 3. Hire case management staff. 4. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation, interviews

Provision 13.5 Mental Health Care
Status Discussion

Hinds County shall employ or contract for sufficient psychiatric services to permit a psychiatrist to fulfill the following functions:
a. conduct needed psychiatric evaluations prior to placing residents on psychotropic medications;
b. Monitor, as appropriate, the efficacy and side effects of psychotropic medications;
c. Participate in treatment team meetings for residents under the psychiatrist’s care;
d. Provide individual counseling and psychotherapy when needed; e. Evaluate and treat in a timely manner all residents referred as
possibly being in need of psychiatric services; and f. Provide adequate documentation of treatment. g. All evaluations and services outlined above may be performed
and/or provided by and through employees of Hinds Behavioral Health or any other duly qualified Mental Health agency.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. Please review the Introduction.

Recommendations

In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policy and procedures and document
training. 3. Hire case management staff. 4. Policies and procedures shall be reviewed and signed by a licensed

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mental health professional (psychiatrist, etc.). Document review, observation

Provision 13.6 Mental Health Care Status Discussion
Recommendations

The psychiatrist and/or counselors shall review, if necessary, incident reports, disciplinary reports, suicide watch logs, and lockdown logs of residents under their care to determine whether their treatment is working and, if not, how it should be modified.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. Please review the Introduction.
1. The mental health of the residents in the custody of the facility needs to be closely monitored at all times.
2. The facility needs to develop policies and procedures to address this provision.
3. Provide and document training to staff on policies and procedures and document training.
4. Facility needs documentation from a mental health organization on plan of action for residents receiving a mental health services.
5. Hire case management staff. 6. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation

14. Suicide Prevention

Provision 14.1 Suicide Prevention

Henley-Young shall develop a multi-tiered suicide prevention policy that has at least three stages of suicide watch. Suicide watch shall not be used as punishment. The “suicide cell” shall be reserved for residents for whom the “suicide cell” is deemed necessary in conjunction with this suicide prevention policy.

Status

Beginning Compliance

Discussion

The status of this provision remains as beginning compliance. The facility has developed policy and procedures for this provision. Now the facility must develop training programs to ensure that staff learn and adhere to the policy and procedures. Further, staff must become familiar with the process. Once the facility hires a new mental health provider, they must ensure that

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the suicide prevention policy is included in the overall mental health program. Please review the Introduction.

Recommendations

In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Develop policies and procedures to address this provision. (executed)
2. Provide and document training for staff on policy and procedure. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program. 4. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation

Provision 14.2 Suicide Prevention
Status Discussion

Any residents placed on the highest level of suicide watch shall be evaluated by a mental health professional, ideally within 12 hours, but in no case longer than 24 hours of his or her placement on suicide watch. If a resident on the highest level of suicide watch is not evaluated by a mental health professional within 24 hours, the residents shall immediately be transported to a local mental health facility or emergency room for evaluation and/or treatment.
Beginning Compliance
The status of this provision remains as beginning compliance. The facility has developed policy and procedures for this provision. Now, there must be training programs developed to ensure that staff members adhere to the policy and procedures and that they are familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program. Please review the Introduction.

Recommendations

In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibits)
1. Develop policies and procedures to address this provision. (Executed)
2. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the

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authorities in this area. 3. Provide training for staff on policies and procedures and document
training. 4. Identify a mental health agency to help develop policies, procedures
and protocols. 5. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program. 6. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).
Document review, observation

Provision 14.3 Suicide Prevention
Status Discussion

Residents on suicide watch shall participate in recreation, school, and any other structured programming. Residents shall not be required to wear a “suicide gown” unless locked in a cell. Staff shall closely monitor residents on suicide watch, which includes logging activities every 15 minutes.
Beginning Compliance
The status of this provision remains as beginning compliance. A training program still needs to be developed to ensure that staff members adhere to the policy and procedures and that they are familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program. Please review the Introduction.

Recommendations

In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibits)
1. Develop policies and procedures to address this provision with the assistance of a mental professional. (executed)
2. Provide and document training for staff on policies and procedures. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program. 4. The facility needs mental health professionals to help and enhance
the development of these policies and procedures as they are the authorities in this area. 5. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation

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Provision 14.4 Suicide Prevention
Status
Discussion

When a resident is placed on any level of suicide watch, a report shall be made within 24 hours to the resident’s court, as well as to the resident’s guardian, and his or her defense attorney.
Beginning Compliance
The status of this provision remains as beginning compliance. A training program still needs to be developed to ensure that staff members adhere to the policy and procedures and that they are familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program. Please review the Introduction.

Recommendations

In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibits)
1. Develop policies and procedures for making and distributing the reports in this provision. (executed)
2. Provide training for staff on policies and procedures and document training.
3. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program
4. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.
5. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation

15. Family Support and Interaction

Provision 15.1 Family Support and Interaction

Visitation shall not be restricted or withheld from residents unless the detention center director determines that a visit will violate the security of Henley-Young or will endanger the safety of residents, visitors, or staff. Visitation should not be restricted as a form of punishment.

Status

Substantial Compliance

Discussion

The status of this provision remains at substantial compliance. During this visit I found that visitation was still being conducted in the multi-purpose room. As stated in my previous report, the facility must ensure that there is proper staffing available to provide for the visitation process to maintain reliability in it. Please review the staffing section of the Introduction.

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Recommendations

1. Provide and document training for staff on policies and procedures. (executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability.

Evidentiary Basis Document review, observation and interviews

Provision 15.2 Family Support and Interaction Status Discussion
Recommendations

Within 90 days of the effective date of this Settlement Agreement, HenleyYoung shall provide accommodations that allow residents to have contact visits with their families.
Substantial Compliance
The facility remains at substantial compliance. Based on my most recent visit. I found that the facility continues to allow contact visits. The facility should continue to ensure that proper staffing is available to make certain that this continues. The visitation program should be incorporated into the overall facility program that will help with providing a better structure. Please review the Introduction.
1. Develop policies and procedures to address this provision. (executed)
2. Identify area where contact visitation will take place. 3. Provide and document training for staff on policies and procedures. 4. Ensure that there is proper staffing availability to maintain
reliability. 5. Ensure that visitation program is included in the overall facility
program.

Evidentiary Basis Document review, observation and interviews

Provision 15.3 Family Support and Interaction
Status Discussion
Recommendations

Visitation shall be regularly scheduled at least three times per week, which shall include evening and/or weekend visitation times in order to encourage family visitation. Henley-Young shall permit the minor siblings of confined residents to participate in visitation, as long as the minors’ parent or guardian is present during the visit and the siblings are not harmful to the residents who are detained at Henley-Young. Henley-Young shall also permit a confined resident’s own child (ren) to participate in visitation
Substantial Compliance
The facility remains at substantial compliance on this provision. The facility must continue to follow the recommendations below.
1. Develop policies and procedures and practices to address this provision. (executed)

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2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability. 4. Ensure that visitation program is included in the overall facility
program.
Document review, observation and interviews

Provision 15.4 Family Support and Interaction Status Discussion
Recommendations

Residents may receive phone calls from their attorneys. At the discretion of the Director or assignee, in emergency situations, residents may receive phone calls from parents, primary caretakers, or legal guardians. Emergency phone calls and phone calls from attorneys should not be restricted as a form of punishment.
Partial Compliance
The facility remains at partial compliance on this provision based on my most recent visit and document review. However, there is still no indication that residents are allowed to mail letters as part of access to supportive relationships that residents have with families and others in the community. This (mail) is a major part of the rehabilitative process. Staff now needs to be trained on policies and procedures and the facility should ensure that policy and procedures are being followed. During this visit and review of documents, I found no indication that youth receive any contact from their attorneys until they enter court. Because there is no case management, youth are left to wonder about their case or its status. This provision has not been moved to substantial compliance because the residents still do not have full access to their legal team. I found no evidence that the residents have visits from their lawyers within the facility as established by best practices and professional standards within juvenile detention facilities:
1) Privileged mail from court, attorney, 2) Visits from lawyers, paralegals or any legal support staff, 3) Provide a private place for confidential discussions, and 4) Have policies, procedures and protocols incorporated in resident’s right to counsel.
1. Develop policies and procedures and practices to address this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability. 4. Ensure that residents are allowed to mail letters.(County will pay for
postage) 5. Hire case managers 6. Develop form for attorney to signed indicating their visits, for
placement into youth files

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16. Miscellaneous Provisions

Provision 16.1 Miscellaneous Provisions

Male and female residents shall be provided with equal access to educational and rehabilitative services, medical care, and indoor and outdoor recreation.

Status

Beginning Compliance

Discussion

The status of this provision remains as beginning compliance. During my most recent visit, the basketball courts have been resurfaced and repaired. In addition, according to the female residents I interviewed, they rarely participate in outside activities and, when they do, it consists mostly of sitting on the bleachers because the male residents were using the basketball court and they are not allowed on the court while the males were outside using it. However, there were still no schedules posted or documents showing equal programming for male and female residents.

Recommendations

In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Develop policies and procedures and practices for this provision. (Executed)
2. Cease in the designation of female residents as being solely responsible for laundry; this is a duty male residents can perform as well as females. (executed)
3. Develop monthly recreational schedules. 4. Develop comprehensive facility schedules. 5. Provide training for staff on policies and procedures and document
training. 6. Ensure that there is proper staffing availability to maintain
reliability. 7. Repair court and goal area. 8. Posting of schedule on units.

Evidentiary Basis Document review, observation, interviews

Provision 16.2 Miscellaneous Provisions Status
81

The parties agree, however, that henceforth: All residents shall have the opportunity to engage in at least one hour of large muscle exercise a day.
Non-Compliance

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Discussion Recommendations

The status of this provision remains as non-compliance. Based on my most recent review of documents, interviews with the residents and observation, residents are still not consistently engaging in 1 hour of large muscle exercise daily. As stated previously, residents are placed in their rooms when there is not enough staff available. In addition, on the weekends, residents are still only allowed out when there is enough staff available. There still is no schedule of recreational or program activities, and when residents were allowed out, it was random with no schedule being followed. This should be rectified once the new staff are hired and trained. There must be a schedule in place and adhered to which will ensure that residents are receiving the required time out of their units and rooms and that structured activities are available, unless a resident has been placed on behavior management or isolation. However, even residents who are placed in a behavior management program must be allowed the required time out of the unit and room for recreational and large muscle exercise. (See resident A.M) In addition, because there was an attempted escape, all youth were held inside for several days. In a situation like this, the youth who were the offenders are the ones who should be monitored closely.
1. Develop policies and procedures and implement practices to address the needs of this provision.
2. Develop and implement programming and recreational schedules. 3. Provide and document training for staff on policies and procedures. 4. Ensure that there is proper staffing availability so that residents are
not unnecessarily “locked” in their cells.

Evidentiary Basis Document review, observation, interviews

Provision 16.3 Miscellaneous Provisions Status Discussion
Recommendations

Henley-Young shall implement a policy which prohibits staff from insulting residents or calling them names, and using profanity in the presence of residents
Beginning Compliance
The status of this provision remains as beginning compliance. Based on my review of the videos, staff needs to refrain from threatening and intimating behavior. Training should be implemented based on the training facilitated by Gerald Gay and Felton Satterfield, consultants from the National Partnership of Juvenile Services Detention and Corrections. The training was a” train the trainer” to be implemented throughout the facility. Their report was submitted prior to this report that would give the facility an understanding of the various training techniques as it relates to juvenile detention care. (see exhibits)
1. Develop policies and procedures and practices to address the needs of this provision. (Executed)
2. Provide training to staff in the proper de-escalation techniques of

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Evidentiary Basis

residents. 3. Administration must provide enough supervision to reduce or
eliminate insulting behavior by staff. 4. Discipline and retrain staff as needed. 5. Provide training for staff on policies and procedures and document
training. 6. Hire an independent person to investigate allegations of abuse or
complaints regarding staff by residents. (Executed)
Document review, observation and interviews

Provision 16.4 Miscellaneous Provisions
Status
*Discussion

Henley-Young shall implement an adequate grievance policy that is accessible to all residents regardless of literacy levels, and that provides residents with the opportunity to appeal facility level determinations. Residents shall obtain the grievance forms from the school liaison.
Partial Compliance
This provision has moved to partial compliance. I reviewed grievance from June-October 2015. I also reviewed data collection from this period. The facility does have a grievance process in place and working at times. Some youth still are not aware of the system and some lack confidence in it. However, some feel it is okay. At this point, the QA department has done a good job in collecting data and responding to youth grievances. However, there is still a need for grievance boxes on each unit. In addition, there needs to be ongoing training for staff since there are new employees being hired. Also, new youth entering the facility should be oriented on the grievance system.

The facility should ensure that all youth are adequately familiar with the grievance process. The data collection system should also track grievances to determine who, what, and where the administration will place its efforts for corrective action purposes. The facility should now continue to evolve this process so it becomes consistent throughout the facility. Please see previous report (#8).

Recommendations

The facility must now make certain that staff is trained properly and that residents are made fully aware of the grievance process. There must now also be consistency in the system to move to substantial compliance.
1. Place grievance boxes on each unit and school, residents should not be required to request a grievance form.
2. Provide training for staff on policies and procedures and document training.
3. Provide training for residents on policies and procedures and document training.

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4. Ensure that residents are adequately familiarized with the grievance process during their orientation into the facility
5. Add a place on the Resident’s Grievance Resolution Report for a resident to request an appeal and place for the Director’s resolution.
6. Ensure Resident’s Grievance Resolution Reports are provided to the resident for their signature and their response to the outcome. If the resident disagrees with the resolution the resident has the right to appeal the decision to the director.
7. Any retractions of grievances should be done by residents and not by staff.
Document review, observation, interviews

Provision 16.5 Miscellaneous Provisions
Status Discussion
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Hinds County denies that Henley-Young does not currently have an adequate policy whereby residents can request to see their attorney and/or Residents Court counselor. The parties agree, however, that henceforth: Henley-Young shall develop and implement an adequate policy that allows residents of all ages and literacy levels with the opportunity to request to see their attorney and/or Residents Court counselor. Residents shall obtain the form requesting a visit from his/her counselor from the school liaison. Henley-Young agrees to collaborate with the Plaintiffs to design and implement a comprehensive juvenile justice pre-service and in-service training program for detention center staff. Training shall include, but is not limited to, the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.
Beginning Compliance
The status of this provision remains as beginning compliance. Based on my interviews with residents, there is still no indication they had the opportunity to meet with their public defender prior to or after their court hearings. I did meet with the public defender along with the County counsel and the director of the facility to discuss options to implement a procedure for contacts. In addition because the facility has no case management, it has become very difficult for residents to be updated on their case or the ability to discuss their case. As recommending in other provisions and in my introduction, I am reiterating again that case managers are needed to ensure that residents are not falling through the cracks.
Again, based on my most recent visit and review of documents, residents

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are still complaining that they have not had the opportunity to speak with their attorneys. Also, in my review of the records, there was no indication that attorneys had been visiting. However, court counselors were seen during visit, present in the facility and seeing the residents. However, the counselor’s presence does not represent my discussion with youth that they don’t see their counselors and don’t know what is happening with them or their case. Additionally, I found no forms for requesting visits from counselors, attorneys or school liaisons. And I found no training on the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration. Even though the facility has developed a policy and procedures for this provision, it has to ensure there is consistency and follow through not just a document developed.

Recommendations

In addition for this report, Dr. Lisa Boesky, an expert mental health consultant, reviewed the mental health services within Henley-Young Juvenile Detention Facility. Dr. Boesky’s report was submitted prior to this official report to give the facility an opportunity to begin implementation of her recommendations (see exhibit).
1. Develop policies and procedures and practices for this provision. 2. Provide and document training for staff on policies and procedures. 3. Develop single form and system for incident reporting. 4. Develop system for receiving and mailing privileged and non-
privileged mail for residents. 5. Hire case management staff. 6. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).

Evidentiary Basis Observation, interviews and Document reviews

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Conclusion This is my ninth official visit to the Henley-Young Juvenile Justice Facility. The facility continues to make gradual improvements and should continue moving in a positive direction. Since my last report I have had several technical assistance visits. However, there are still other provisions that have made no movement such as the physical plant and which is again deteriorating and must be addressed by the county. The new administration has been in place for six months and appears to be developing an understanding of the facility and its needs. Also, having staff in the kitchen and laundry room area has shown improvement .With the increase in population the facility needs to reevaluate the youth to staff ratio and hire the additional staff needed to address this issue. Because education, mental health and medical care continue to be of major concern due to the lack of policies, procedures and protocols, it is incumbent upon the county to assist the facilty with the resources needed.
During September and October, four experts in juvenile justice produced evaluations and recommendations to the Hinds County Juvenile Justice Facility. These experts reviewed the education, medical, mental health, training and culture of the facility. Their reports have been attached. These reports have been submitted as expert opinions of the needs of the facility.
The County should continue to support the new administration and provide them with the staff and equipment needed to meet the provisions of this consent decree. As I have stated above, for the facility to be successful all entities must work together and support this facility.
I appreciate the work of Dr. Linda Boesky, Dr. Ngozi Ezike Carol Cramer Brooks and Gerald Gray and Felton Satterfield for their assistance through the insightful observations and reports. I would also like to thank the Hinds County Board, the County’s Attorneys Anthony Simon and Pieter Teeuwissen, County Administrator Carmen Davis, facility staff and the facility Director Johnnie McDaniels for their assistance and cooperation.
LEONARD DIXON
Attachments;
Dr.Boesky, mental health report Brooks, education report Dr. Ezike’s, medical report Gray and Satterfield, training and programming report
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Exhibits 1-6
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4Attachments
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 Case 3:11-cv-00327-DPJ-FKB Document 58 Filed 01/28/15 Page 1 of 105
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION HONORABLE DANIEL P. JORDAN III, U.S. DISTRICT JUDGE
J.H., ET AL, VS HINDS COUNTY MISSISSIPPI 3:11-CV00327 DPJ-FKB
Monitoring Compliance Report: Report Draft Date January 19, 2015
Report Date January 28, 2015
Submitted by Leonard B. Dixon, MSPA
24420 Crescent Drive Woodhaven, MI 48183
734 642-7412 Email home: lbdixon1@comcast.net Email work: lbdixon4@co.wayne.mi.us

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Henley Young Juvenile Justice Center Eighth Monitoring Compliance Report
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The Eighth Monitor’s Report Henley-Young Juvenile Justice
Leonard B. Dixon
Background On March, 28, 2012, Hinds County, Mississippi entered into a settlement agreement ordained and adjudged by Judge Daniel P. Jordan III, for the United States District Court Southern District of Mississippi, Jackson Division, regarding conditions of confinement at the Henley-Young Juvenile Justice Center, located in Jackson, Mississippi. According to the order the settlement agreement and its specifics requirements “shall apply to Henley-Young and any contractor that may provide services to Henley-Young in the future. The term “youth” herein often refers to individuals confined at Henley-Young. “The parties” understand that the requirements contained herein will be implemented without undue delay as soon as practicable. Unless otherwise indicated herein, the parties will collaborate to make all reasonable efforts to ensure that within 90 days of the effective date of the agreement, policies, and procedures consistent with the agreement are drafted, in the process of being implemented, and that all detention staff received training on the requirements. The parties agree and understand that the implementation will be an ongoing process that extends beyond the initial 90 days of the agreement. As part of the settlement agreement the defendant shall contract with Leonard Dixon, within 30 days of the court entry of this settlement agreement to serve as an expert who will be responsible for documenting the defendant’s compliance with the terms of the agreement and for providing and/or arranging technical assistance and training regarding compliance with this settlement agreement. I will have full and complete access to detained youth, institutional files, medical files, mental health files, education files, video tapes, and youth, staff records and all other information and other reports by staff, grievances, incident reports, and other relevant documents and files maintained by Henley-Young.
All non-public information obtained by the expert shall be kept confidential, except that on a quarterly basis the expert shall file a report with the court documenting the progress of compliance. Neither party, nor any employee or agent of either party, shall have any supervisory authority over the expert’s activities, reports, findings, or recommendations. The expert shall file with the Court and provide the parties with reports describing the Defendant’s steps to implement this Settlement Agreement and evaluate the extent to which the Defendant has complied with each substantive provision of this agreement. Such reports shall be issued quarterly, unless the parties agree otherwise. The reports shall be provided to the parties in draft form for comment at least two (2) weeks prior to their submission to the Court. These reports shall be written with due regard for the privacy interests of individual youth and staff and the interest of the Defendant in protecting against disclosure of non-public information. The expert shall have a budget sufficient to allow him to fulfill the responsibilities described in this Settlement Agreement. Mr. Dixon may consult other experts or consultants retained by either party. All parties shall receive copies of all draft reports from the other experts to Mr. Dixon prior to the issuance of Mr. Dixon’s report, and shall have the option of being present at briefings from such experts to Mr. Dixon and Defendant. Mr. Dixon may initiate and receive ex parte
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communications with the parties and their respective experts and consultants. It should be noted that on April 25, 2014 the settlement agreement was extended as set forth by the court.
Recommendations based on findings, observations and interviews Result of visit on December 3, 2014 to December 8, 2014
Documentation provided and reviewed Master file audit conducted by QA on September 10, 2014 of 19 residents charts Master file audit conducted by QA on August 13, 2014 of 19 out of 20 residents charts Facility audit conducted by QA on August 26, 2014 (pictures attached) Safety drills (Disaster/Fire) Documentation:
Tornado drill conducted on September 24, 2014 Tornado drill conducted on September 29, 2014 Tornado drill conducted on October 9, 2014 Tornado drill conducted on October 13, 2014 Tornado drill conducted on November 30, 2014 Fire drill conducted on August 17, 2014 Fire drill conducted on August 28, 2014 Fire drill conducted on September 18, 2014 Fire drill conducted on September 22, 2014 Fire drill conducted on October 28, 2014 Fire drill conducted on November 24, 2014 Scheduled Phone Call Logs (Weekly for the months of March (1 day), June (2 days), July, August, September, October and November) Memos dated from July 7, 2014 to December 2, 2014 QA Memos dated from August 14, 2014 to November 6, 2014 Budget/Job Analysis FY 2014-2015 Food Service Certification: ServSafe certification for staff Kevin Lewis Certified School Food Service Program Manager for Jenifer C. Stevens Inspection Reports: Hi-Tek Fire Sprinklers dated April 30, 2014 Fire Inspection dated September 17, 2014 American Fire Sprinkler dated December 23, 2013 Grievance Report Graph from January 2014 to October 2014 Grievance Resolution report from 2 residents for the month of August 2014 Grievance Resolution report from 1 resident for the month of October 2014 Training Documentation: New employee orientation schedule OTJT form Various memos listing staff to attend training 3 Policy review log sign in sheets 2 New employee orientation sign in sheets for a week 2 Strip search policy review sign in sheets Policy review training sign in sheet Henley Young Juvenile Justice Center Organization Chart
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QA Statistical Data: Monthly Incidents for months of August 2014 to November 2014 Due Process Isolation Logs for months of August 2014 to November 2014 Graphs showing use of force incidents and incidents by shifts for months of August 2014 to November 2014
HYJJC Due Process Rights Reports: Resident M.M. date of violation 8/14/2014 Resident M.M. date of violation 10/20/2014 Resident M.M. date of violation 10/2/2014 Resident M.M. date of violation 8/7/2014 Resident K.B. date of violation 11/5//2014 Resident K.B. date of violation 10/18 & 10/19/2014 Resident K.B. date of violation 10/13/2014 Resident K.B. date of violation 10/2/2014 Resident K.B. date of violation 11/6/2014 Resident J.B. date of violation 11/13/2014 Resident T.A. date of violation 11/13/2014 Resident J.M. date of violation 8/12/2014 Resident J.M. date of violation 8/7/2014 Resident G.M. date of violation 11/5/2014 Resident J.M. date of violation 11/11/2014 Resident M.M. date of violation 11/5/2014 Resident Z.K. date of violation 11/13/2014 Resident L.H. date of violation 8/5/2014 Resident M. F. date of violation 10/20/2014 Resident M. E. date of violation 11/3/2014 Resident M.E. date of violation 9/24/2014 Resident M.E. date of violation 9/13/2014 Resident E.D. date of violation 8/14/2014 Resident B.D. date of violation 9/23/2014 Resident R.C. date of violation 8/27/2014 Resident D.C. date of violation 11/13/2014 Resident D.C. date of violation 11/11/2014 Resident J.C. date of violation 11/11/2014 Resident J.C. date of violation 11/3/2014 Resident J.C. date of violation 9/26/2014 Resident D.B. date of violation 11/6/2014 Resident A.B. date of violation 10/10/2014 Resident A.B. date of violation 9/24/2014 Resident T.B. date of violation 11/22/2014 Resident T.B. date of violation 11/11/2014 Resident T.B. date of violation 10/1/2014 Resident T.B. date of violation 9/25/2014 Resident C.W. date of violation 9/23/2014 Resident C.W. date of violation 8/14/2014 Resident M.W. date of violation 10/1/2014
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Resident M.W. date of violation 9/18/2014 Resident T.W. date of violation 8/14/2014 Resident L.T. date of violation 10/10/2014 Resident A.T. date of violation 11/19/2014 Resident O.S. date of violation 11/22/2014 Resident A.S. date of violation 9/26/2014 Resident J.S. date of violation 9/26/2014 Resident K.S. date of violation 8/29/2014 Resident M.S. date of violation 9/24/2014 Resident M.S. date of violation 9/10/2014 Resident A.S. date of violation 9/23/2014 Resident G.R. date of violation 8/21/2014 Resident G.R. date of violation 8/14/2014 Resident T.R. date of violation 10/31/2014 Resident N.P. date of violation 10/10/2014 Resident N.P. date of violation 9/26/2014 Resident D.P. date of violation 9/30/2014 Resident Q.P. date of violation 11/22/2014 Resident Q.P. date of violation 10/18/2014 Resident Q.P. date of violation 10/16/2014 Resident Q.P. date of violation 9/25/2014 Resident M.P. date of violation 9/26/2014 Resident J.M. date of violation 8/6/2014
HYJJC Resident Incident Report/Use of Force/Unusual Incident Reports July 2014 – 53 Residents (including some witness statements and medical reporting forms) August 2014 – 43 Residents (including some witness statements and medical reporting forms) September 2014 – 39 Residents (including some witness statements and medical reporting forms) October 2014 – 60 Residents (including some witness statements and medical reporting forms) November 2014 – 50 Residents (including some witness statements and medical reporting forms)
Recreation Schedule: For months September 2014 to November 2014 Yearly activity & tournament planning
Visitation Logs: Counselor Authorization for Resident D.J. Counselor Authorization for Resident G.M. Counselor Authorization for Resident D.H. Counselor Authorization for Resident C.M. Counselor Authorization for Resident J.C. Counselor Authorization for Resident V.S.
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Counselor Authorization for Resident V.S. Counselor Authorization for Resident L.L. For months of September 2014, October 2014 and November 2014 (includes 10 blanks sheets) Vault Sheet dated November 30, 2014 Vault Sheet dated December 1, 2014 8 Requisitions and Purchase Orders dated from July 2014 to November 2014 File on Resident S.T. File on Resident L.T. Daily Rosters for January (missing sheets for dates – 3,4,5,11,12,17,18,19,23,25,26) Daily Rosters for February (missing sheets for dates – 1, 2, 8, 9, 12, 15, 16, 22 and 23) Daily Rosters for March (missing sheets for dates – 1, 2, 25, 26, and 29) Daily Rosters for April (missing sheets for dates – 5, 12, 13, 15, 19, 20, 25, 26 and 27) Daily Rosters for May (missing sheets for dates – 2, 3, 4, 10, 11, 15, 17, 18, 21, 24, 25, 26, 27 and 31) Daily Rosters for June (missing sheets for dates – 1, 6, 7, 8, 9, 10, 12, 14, 15, 21, 22, 28 and 29) Daily Rosters for July (missing sheets for dates 1, 4, 5, 6, 12, 13, 19, 20, 26, 27) Daily Rosters for August (missing sheets for dates 2, 3, 9, 10, 16, 17, 19, 20, 23, 24, and 30) Daily Rosters for September (missing sheets for dates 1, 6, 7, 13, 14, 19, 20, 21, 27 and 28) Daily Rosters for October (missing sheets for dates 4, 5, 7, 8, 9, 10, 11, 12, 13, 18, 19, 25 and 26) Daily Rosters for November (missing sheets for dates 1, 2, 8, 9, 11, 15, 16, 22, 23, 27, 28, 29 and 30) Daily Rosters for December (missing sheets for dates 3, 5, 6, 7, and 8)
Staff Interviewed Verna Toumer, Laundry Officer Ferniece Galloway, Intake Counselor Ray Stewart, Manager ABL Alison Span, Cook Tiara Myles, Detention Officer Brenda Felix, Interim Operation Manager Andrew Roberts, Detention Care Worker (Officer) Janet McCoy, Training Coordinator Samuel Dotson, Recreation Coordinator Debbie Johnson-Williams, RN Sandra Rochelle Wilson, APRN John Coleman, Interim School Director Tabetha Bouldin, Sr. Detention Officer Mary Street, Detention Officer/Central Control Vivian Thompson, Detention Officer Kiara Neil, Detention Officer Jeanette Davis, Detention Officer/Laundry Worker Alan Hines, Detention Officer
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Youth Interviewed Resident D.C. 16 years old Resident C.B. 17 years old Resident Q.P. 16 years old Resident M.F. 16 years old Resident T.K. 17 years old Resident K. R. 17 years old Resident D.M. 14 years old
Introduction This report is the result of my eighth official visit to the Henley-Young Juvenile Justice Center and an update from my previous visit. I visited the facility from December 3 through December 8, 2014 for the purpose of an official inspection/review. This report is the findings from my visit which are based on my observations, interviews, and document reviews including video and audio reviews. I would like to thank the staff, facility administration and the Hinds County attorneys for their continued cooperation in this process.
It should be noted that the facility has moved 2 additional provisions to beginning compliance, 1 provision moved to partial compliance and 5 additional provisions moved to substantial compliance. This is commendable and they are moving in the right direction.
However, as stated in my previous reports the ‘language of a culture’ defines the culture whether a large group in a single ethnicity or a much smaller group such as the staff of a juvenile detention facility. When I read documents that refer to the residents as ‘detainees or inmates’ I recognize that the culture does not speak to a juvenile rehabilitative model. Terms such as ‘ordering officer off the zone’ rather than ‘off the unit or out of the area’, placing residents in their ‘cells’ or ‘lock up’ rather than in ‘their rooms’ are terms indicative of an adult prison model. In the report writing, the discussions of ‘hostile environments and riots’, rather than ‘disruptive behavior and acting out’, sets the tone for how your changes are viewed internally and culturally. It becomes the fabric of the facility. How can anyone be comfortable placing a child who is having a very stressful moment in a ‘turtle suit?’ Language is extremely relevant when trying to persuade someone to your position or convince others that what they are doing is or is not detrimental. In reading the reports and statements of the activities and incidents at the facility, it is difficult to believe that the writers are speaking of situations in a juvenile facility. Language has to be appropriate for the situation and location and must define actual incidents and behaviors absent of emotional descriptors and personal attitudinal wording. It must be an imperative of the facility administration and all of the supervisors and quality assurance staff to promote a more juvenile specific environment; which was stated in my previous report as it relates to language used. Based on my review of documents the above mentioned statements still stand and must be addressed.
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Facility and Operational Culture During this past monitoring visit I reviewed a media report and listened to and viewed an audio/video tape in which an officer of the court used inappropriate language and made threats in the presence of a youth. This is a major concern for me because it contributes to a culture that will manifest itself in the interactions with line staff and youth. This raises a concern as it relates to provision 16.3 contained in the monitoring reports that discusses inappropriate language by staff. In the past, staff has been disciplined for the use of inappropriate language around residents and in the facility. In my review of documents, I found that on numerous occasions residents were placed on isolation for “being disrespectful, using profanity, and being loud and boisterous throughout the shift”. Again, residents mirror the behavior of the adults around them. This in itself sends a message that staff and youth react too.
In my own facility, such language is prohibited by leadership and our state licensing rules. The use of such language is deemed humiliating and inappropriate. I expect that the detention center administration and court will get together to ensure that behavior of this sort is discouraged by everyone including all leadership within the justice center complex and that an environment of mutual respect among staff and youths is promoted. In addition, I would hope that the political issues which appear to be creating such a disheartening environment for staff and youth will be worked out for the betterment of the facility.
It is widely known that people often conform or comply because they are afraid (i.e. of losing their job, criticized, rejected, etc.). In this situation, staff is subjected to standards of behaviors that are unhealthy and send a message (spoken and unspoken) that conformity and respect are not required. As a result the pressure to conform will result in negative consequences for not only the staff, but for the youth in custody as well. In situations like this the staff is responding to the power structure, e.g. the Judge. It is extremely important to note that the tone of an organization is set at the top and it is important to lead by example. In this center, the Judge is at the top and based on the tone that is set, a culture whether good or bad will be developed. I would hope that the political issues will be addressed positively so the focus will be more on the youth that are being served in this facility.
The statement above is very important because juvenile institutions/detention facilities are like cities and cultures are developed based on who operates that ‘city’ (i.e. mayors, city councils, police departments etc.). As it relates to Henley-Young, the Director, the Judge and the supervisors represents that group. During my visit, the political atmosphere I witnessed became so toxic that several staff members at the detention portion of the facility were not allowed to enter certain areas of the building, which is used for meetings etc. In addition, one of these administrator’s entry card to enter the building was deactivated so that administrative staff could not enter the building. These things are important because the focus is not on children but on what appears to be personal agendas. This in turns creates an environment where children are not the main focus and personal agendas are. It is my professional opinion that this hurts youth, staff and the facility because there is a level of ‘fear’ and unprofessional behavior that permeates the facility. I am sure there will be some discussion as to why this is in this report. I am including this because it is a cultural aspect that affects the way children are cared for and the environment in which they live. Culture reflects the customs, habits, and traditions of a group. If the customs are to disrespect one another and continue in these the habits, (the actions or
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patterns of behaviors that are repeated so often that it becomes typical of somebody, although he or she may be unaware of it) this creates an environment not conducive to rehabilitation.
This is not the first time I have addressed ‘culture’ in my reports. However, at this point based on my observation and document review it must be addressed so that this facility can accomplish the provisions set forth in the consent decree. The bottom line is someone has to say “enough is enough” and focus on these already vulnerable youth. At this point the staff is floundering because they are unaware of who is in charge of this facility. It should be strongly noted that all parties must adhere to this settlement agreement/consent decree. In my previous reports there were provisions that were violated by outside entities (i.e. the tasers used in the facility by outside law enforcement which was a violation of this agreement). It was also stressed in previous reports that weapons are not allowed in the secured area and should be placed in a secure lock box before entering the secured areas. The point is that this consent decree does not only pertain to Henley-Young staff; it pertains to all parties that have contact with HenleyYoung.
Based on my technical assistance visit in November with Board of Supervisors and attorneys, there is good news. The Supervisors have enacted a clear understanding of what juvenile detention and corrections is and passed a resolution dictating guidelines for operating a contemporary juvenile detention facility. The Board of Supervisors have also increased the budget for the facility which should assist in completing the provisions as set forth by the consent decree.
As stated in my technical assistance report to the court dated November 19, 2014, the County has moved in the right direction as it relates to funding. In addition the County has also moved in the right direction as it relates to reducing the population. As stated in my technical assistance report only youth who are in need of detention services should be held at the facility. As was made clear to the County leadership, youth detention serves three purposes:
1. holding youth for court appearances 2. protection of the community 3. the beginning of the rehabilitation process (i.e. evaluation/assessments etc.)
Furthermore, I recommend to the Board that services must be provided to youth as required by the settlement agreement/consent decree. In addition, the new budget adopted by the Board of Supervisors for Henley Young must be preserved to allow the facility to work towards satisfying the elements of the settlement agreement/consent decree. Additionally, I recommend that some funding be allocated to ensure that programming such as recreation, staff development and educational services are part of the overall facility development. Lastly, it was agreed that the attorneys for Hinds County and several of their staff will visit Wayne County Juvenile Detention Facility and several other detention facilities.
Again, this is important enough to merit attention by those charged with governance.
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Staffing Based on my facility update/technical assistance report dated November 24, 2014, it should be noted that the County has increased its budget for staffing. The Hinds County Board of Supervisors has allocated $3,734,652.95 to the juvenile detention budget which is an increase by $1,238,363.64. This increase would allow for 21 additional detention officers, a recreation coordinator, onsite skilled maintenance, and a mental health professional. Additionally it will allow for salary shift differential. With this allocation, the hiring of the above mentioned staff and the population reduction, Henley Young will be in a position to meet the provisions of the settlement agreement/consent decree. However, the County must still hire a leadership team and ensure that there are adequate case management services provided by the facility. Correspondingly, protection from harm, facility medical services and appropriate mental health services are vital for compliance with the settlement agreement/consent decree. This would be a huge step towards a successful facility.
Building Cleanliness/Environmental Issues/Maintenance After a review of documents coupled with my observations, I found the facility continues to be in need of proper maintenance along with maintenance and skilled tradesmen to keep the building in good operational order, as I have discussed in each report. Further, the facility is in need of a major cleaning and is again falling into great disrepair (see Exhibits A-1 to A-4) also see previous report. See provision 11.6.
It should be noted that the kitchen is still in need of major cleaning and repairs (see Exhibits A-1 to A-4). Shower stalls on units need doors repaired and electrical circuit receptacles in youth rooms need safety covers. Also there are holes in walls in youths’ rooms that should be repaired to ensure it is not used as a storage place for contraband and other items (Exhibits B-1 to B-4). In addition, light fixtures on the units need to be repaired and mold needs to be removed from the shower areas (see Exhibits C-1 to C-3). As stated previously the facility needs to have a facility maintenance schedule that is reviewed by the administration to ensure items in need of repair are being completed in a timely manner.
Mental Health As it relates to mental health, my review of documents revealed that there is still an extraordinary need for on-going mental health services at Henley Young. As discussed in prior reports, there is a major need for services. Once a resident has been identified through the MAYSI-2 instrument, mental health services must be provided. An example of several residents needing mental health services are as follows:
Resident J.N. (suicidal behavior) Resident J.C. (attempted suicide) Resident S.T.(several suicide attempts) Resident L.T.(several suicide attempts) These services continue to be examples of a needed mental health system and services for the residents at Henley Young (please see previous report).
As stated in my previous report, the services, at a minimum, should include:
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1) Appropriate and well-trained staff. 2) Treatment services, on or off-site crisis intervention including short-term individual
and group therapy follow-up, as needed, and psychotropic medication management. 3) Mental health, medical, and substance abuse services that are sufficiently coordinated
such that patient management is appropriately integrated, health needs are met, and the impact of any of these conditions on any resident is adequately addressed. 4) All aspects of the standard are addressed by written policy and defined procedures.
Suicide Prevention During this visit and my review of documents, I again found residents who were in need of immediate mental health intervention (see above section on mental health).
As stated in my previous report, a suicide prevention program must be developed which includes, at a minimum, the following:
1) A suicide prevention program includes the following outcomes: a) facility staff identify suicidal juveniles and immediately initiate precaution, b) suicidal juveniles are evaluated promptly by the designated health professional who directs the intervention and ensures follow-up as needed, c) actively suicidal juveniles are placed on constant observation; and d) potentially suicidal juveniles should be monitored on an irregular schedule with no more than 15 minutes between two checks. If, however, the potentially suicidal juvenile is placed in isolation, constant observation is required.
2) Key components of a suicide prevention program include the following: a) training b) identification c) referral d) evaluation e) treatment f) housing and monitoring g) communication h) intervention i) notification j) review k) debriefing
3) The use of other juveniles in any way (i.e. companions, suicide-prevention aides) is not a substitute for staff supervision.
4) Treatment plans addressing suicidal ideation and its recurrence are developed, and patient follow-up occurs as clinically indicted.
5) The responsible health authority approves the suicide prevention plan; training curriculum for staff, intake screening for suicide potential and referral protocols, and training for staff conducting the suicide screening at intake.
6) All aspects of the standard are addressed by written policy and defined procedures. 7) Appropriately well-trained staff.
Behavior Management/Isolation
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Based on this review of documents, observation and interviews, the facility is still in need of an adequate facility-wide behavior management program. I repeat that the facility must follow the recommendations as stated below. This is a reiteration of my previous report. It should be noted that staff relationships with juveniles are the primary source of managing behavior. Behavior management is about getting juveniles to learn new appropriate behaviors and to be consistent in behaving properly. Juvenile behavior management consists of helping residents understand what is expected in the environment and also helps them modify their behaviors while in the facility. The staff at Henley-Young is still in need of training to ensure that they understand the distinctions between punishment and discipline. The facility also needs to develop a positive incentive program for controlling irresponsible behaviors. There are four main areas the facility must look at when developing their behavioral management programs and the difference between the following:
1) Consequence: The effect, result, or outcome of something occurring earlier; 2) Discipline: Training to act in accordance with rules, to learn self-control; 3) Punish: To subject to pain, loss or confinement as a penalty for some offense,
transgression or fault; 4) Rewards: positive outcomes from positive behaviors.
The facility must still develop a point or level system that allows juveniles who exhibit positive behaviors to gain points and move to the next level in the facility. The juveniles should be able to trade points for special privileges (i.e. extra phone calls, extended visits, name brand deodorants, etc,). Officers should be responsible for awarding points based on the resident’s behavior, their functioning in school, hygiene, building cleanliness to name a few. The supervisors should ensure the program is operating as designed to make sure there is no abuse by staff or residents of the program. My document review and observations indicate that residents are being locked-down too much at this facility. This has become a common practice due to a shortage of staff. In conclusion, de-escalation techniques are critical to the implementation and directing of any good behavioral management program as stated above.
Activities/Recreation/Programming I am pleased to note that the facility has hired two recreational staff persons. This is a major accomplishment because an adequate recreational program creates a structure that enhances and reflects a rehabilitative model. It should be noted that the facility has hired two recreational staff and they are in the process of developing a comprehensive recreational schedule. It should also be noted that recreation is only a part of programming - education, religion, group treatment mental health, and medical care are a part of the overall programming structure for the facility. During my review, I found no activity schedule posted so youth and staff can have a clear structure of daily activities. This is a tool that any proficient facility structure would provide. Also as stated in my technical assistance report dated November19, 2014, the recreational staff, although new are in need of equipment. I have provided the administration and new recreational staff with access to the recreational staff at my facility for further assistance in developing a structured program.
Medical, Medication Review & Disposal
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As stated in the 7th Monitor’s Report, there is still the need for a pharmacist doctor (Pharm D) or pharmacist to come in to review and/or discard any medications that are left at the facility and over the counter medications that have expired. In addition, the Pharm D can assist in providing information regarding medication and possible side effects and reactions for the staff as well as assist with policies, procedures and protocols for medication administration. Again, there must also be routine reviews of pharmaceutical services that can lead to a risk factor of sub optical provisions which include not having a medication administration report (MAR) completed properly or reflect accurate information (not giving medication on time; not sending medication home to complete course; or improper storage).
During this visit I also found that the facility does not have a system in place for biohazard waste (i.e. sharp containers, any soiled material that contains blood and body fluids). These services should be provided by an outside contractor specializing in disposal of biohazard materials. The red bags should be placed inside a biohazard container once ready for pick up. These things should be picked up on either a biweekly or weekly schedule based on the amount. It should be placed in a designated area and locked.
During this visit, I found the first aid kits completed. However, there is a need for staff training as it relates to the cut down tool (suicide tool). This review found that staff were not aware of the location of the tools and when requested it took several minutes to locate. Although it was found in a cabinet, this essential tool must be readily accessible in the event of a possible suicide attempt. The documents I reviewed indicated that there have been several residents who have engaged in suicide gestures or attempts, therefore this is a critical area that should be addressed and as stated earlier the tool should be kept in an easily accessible location. I would recommend that the facility develop “Pod Condition Report” that would be used during shift change (see Exhibit D).
As discussed in my previous report as it relates to residents’ physicals, the forms should be revised to state “nursing assessment and history” which will be for nursing staff to complete. This would include a system for a head-to-toe assessment which is completed by the nurse. The “physical examinations” forms are to be completed by a medical doctor, physician, nurse practitioner or physician assistant. Another alternative is for the County to send the nursing staff to obtain certification to complete physical examinations. Based on my review of the documents and interviews with nurses, there is no testing for HIV, Hepatitis, STI, TB or pregnancy. With all the tattoos the residents are receiving, Hepatitis is becoming more prevalent. In addition, due to no testing of STI’s undiagnosed cases of Chlamydia which is known as a silent disease because of no symptoms; can lead to sterility. In addition, there should be a nurse with mental health training to understand the mental health lingo because there is a difference in their training; this nurse will be able to know when there is a risk for suicide or self-mutilation, behavioral problems, depression, etc. When the facility hires a nurse that is familiar with the mental health procedures, they will be better equipped to deal with situations that involve residents who continuously complain about headaches, stomachaches and backaches which could be signs of depression. In addition, there is also a need for a sick call system to be in place. I am recommending that a sick call system be developed where there is a set schedule for completion of these medical requests (also known as “kites”). Kites should be picked up and addressed on a regular basis at least twice a day
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(morning and afternoon). This information should also be documented in the resident’s medical files.
As stated in my previous reports, the facility must ensure that medical files are properly maintained and secured. I would direct the County to purchase the files that were suggested previously to assist the medical services area in developing an adequate filing system. This filing system should be used to control how information is separated, stored and retrieved. Without a good filing system, information placed in a storage area would be one large body of information with no way to tell where one piece of information stops and the next begins. In addition, these files should be placed in a locked filing cabinet and only retrieved as needed and by authorized personnel. Once files are completed, they should be returned to the secured area from which they were taken.
As it relates to medication the following should be addressed at a minimum: A. Storage Monitoring 1. All medications that require refrigeration will be stored in a clean, secure refrigerator with the appropriate temperature. 2. Refrigerator temperature monitoring will occur daily and documented on a log. 3. Inspection of medication storage sites will be done at least monthly by a licensed pharmacist. Special attention will be paid to orderliness and cleanliness. A written report will be provided to the Director or designee. 4. Identification and disposal of expired medications will occur at least monthly. 5. Ultimate disposal will be provided by a company licensed by the State of Mississippi for the purposes of medical waste disposal. B. Audits 1. A formal pharmacy audit will be done by a licensed pharmacist at least quarterly to evaluate compliance with the State of Mississippi Pharmaceutical Regulations. 2. A report will be delivered to the to the Director or designee i. A corrective action plan will be completed for review by the Director or designee at least quarterly ii. The Pharm D or designee will discuss audit reports at the Joint Staff meeting. All staff will participate in the corrective action plan development.
As stated in my previous report, I am recommending at a minimum the following protocols be put in place as it relates to universal precautions:
1) Common sense hygienic practices:  Wash your hands frequently, before and after handling any and all potentially infectious materials  Wash your hands after removing gloves.  Be sure to wash, as soon as feasible, any part of the body after an inadvertent contact with another person's blood or body fluids.
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2) Wear proper protective clothing, where feasible when faced with a potential exposure situation.
3) Wear latex/vinyl disposable gloves:  Subsequent to any searches, a visual search shall be conducted by conducting a physical search of any room, closet, etc.  When handling any potentially contaminated materials/subjects.  When handling sharps.
4) Replace gloves if torn, punctured, contaminated, or if their ability to function as a barrier is compromised. Never wash or decontaminate disposable gloves for reuse.  Wear protective outerwear such as a gown, mask, booties, surgical cap or hoods, etc.  When large volumes of blood and or body fluids are expectorated or inadvertently can occur.  When cleaning any potential contaminated site.
5) Wear protective outerwear such as masks, eye protection and face shield.  Whenever splashes, spray, spatter or droplets of blood or other potentially infectious materials may be generated.  Whenever the eye, nose or the mouth contamination can be anticipated.
6) Remove immediately or as soon as feasible any garment contaminated by blood or other potentially infectious materials (OPIM), in such a way as to avoid contact with the outer surface.
7) Have change of clothing available.
For further assistance, I would direct the facility to review the Mississippi Pharmacy Practice regulations part 3001. This would provide a structure and assist the facility with compliance.
Food Service Based on this visit and my review of documents, the food service program is developing. However, residents still continue to complain about not having enough food and that the food is tasteless. In addition, there were still numerous complaints about the food being cold and not being appealing (see Exhibit E). I observed the food process during this visit and found that the residents were correct as it relates to not enough food which is below the federal food standard requirements, and the temperature of the food was unacceptable.
However, during this visit, I found that food was being served in a timely manner and that the cooks were preparing food onsite. See provision 9.
I am still recommending that a major cleaning of the kitchen be done for sanitation purposes (see Exhibits A-1 to A-4). In addition, I am still recommending the menus be dated.
I am again reiterating that food service is an important part of institutional life (see previous report #7).
89 day program/Juvenile Court
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During this visit, I again interviewed staff and residents as it relates to this program. From a detention perspective, treatment perspective and correctional perspective “this program” serves very little purpose other than holding youths in detention for 89 days. Please see my facility update/technical assistance report submitted to the Court on November 24, 2014 where I explained the differences between juvenile detention and juvenile correctional facilities. Additionally, the resolution passed by the Hinds County Board, de facto eliminates the 89 day program in statement and this should be adhered to. With this in mind, please see previous reports.
Again as discussed in my previous reports, the 89 day concept is a very admirable idea. Again, I reiterate, for this court program to function or to operate successfully, there are major changes needed as it relates to programming and staffing. At this point, the program is more a revocation program than a therapeutic, treatment program that was intended. As I have stated in my previous reports, for this program to be effective and successful, the following areas must be incorporated in the program:
 Sufficient staff  Target appropriate juveniles for the program (i.e. medium to high-risk)  Target risk factors for delinquent behavior that are responsive to intervention  ensure they are individualized and family based, and delivered in community
settings when discharged  Programming based on a particular treatment model  well-trained staff and a program director who strongly supports the program
outside of the facility’s director  Deliver a sufficient amount of treatment  Adhere to a program design  Monitor juveniles’ progress on an ongoing basis and modify the program as
needed  Provide aftercare services  Individual treatment plan (ITP) that reflects why the juvenile is in the program
and what goals juvenile should accomplish during his stay. Also mentioned in the ITP is the juvenile’s individual education plan (IEP), which specifies how to accomplish the juvenile’s educational goals.  Develop cognitive behavioral programs that confront juvenile’s thinking errors and teach juveniles to overcome their thinking errors as a means of behavioral change.  Develop positive peer culture (PPC) that teaches juveniles to assume responsibility for helping one another. It is based on the belief that the most powerful influence on a resident’s behavior is peer pressure. PPC’s goal is to teach basic values related to caring for others. PPC is centered on frequent meetings of small groups of juveniles (6-12) and one or two staff leaders. The juveniles are encouraged to help each other.  Develop strength based practices that help juveniles to become accountable for their actions and responsible for their behaviors. Accountability is realized when a juvenile admits to the wrong and changes his/her behavior. When
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juveniles get into trouble, the care worker will initiate more behavior changes in juveniles by having them focus on how to solve their problems.

To ensure that there is an accountability case management in the 89 day program, I am recommending the following model be implemented:

 specifying troublesome behaviors  identifying need(s)  setting goal(s)  evaluation

Need

physiological, social, psychological requirement(s) for the well being of

an individual

Goal

behavioral statement of how the individual will be at the end of a

specified period of time

Service Action behavioral statement of what the case manager plans and does to assist

the individual(s) in achieving the goal

Evaluation systematic collection of information on goal indicators and/or service

action(s) for the purpose of decision making and planning

In addition, the court has to determine what therapeutic programs they will be using. An example of these programs would be psychoanalytic therapy, behavioral therapy, rationale emotive therapy, persons centered therapy, reality therapy, etc. It should be noted that I found in my review of documents, observations, and discussion with staff and residents no difference in the 89 day program than in the general detention program. One staff put it quite profoundly by stating, “When these youths get a long term sentence through the 89 day program they don’t care and they are causing most of the problems. Detention is a short termed program and they are getting long term sentences.”

School The school has hired a new Acting Principal. This is the fourth principal since this agreement started. However during this visit as stated in previous reports, youths continue to be placed out of school for behavioral issues however they are not receiving educational services during those times. In addition, as stated in previous reports, youths who attend court hearings are not placed back in school but taken to their units without any educational services being provided. It is very clear through research and basic common sense that these youths are behind in their educational progress for the most part and are in need of every educational resource available. In my previous reports it was recommended that the school be evaluated. At this point it appears the Jackson Public School District is stone walling!! This is a simple task which must be done to determine the needs in the areas laid out below.

As stated in all my previous reports, I reiterate as it relates to the school, since there has not been an evaluation of the school, I would continue to recommend an external audit by a qualified educational consultant. I would also continue to recommend that during testing periods that the school follow the system developed by Rankin County where students being

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tested are tested away from the regular school programming and all other students are still in class receiving educational programming.

There are many conflicts between the mandates of the court, the school and the facility. Students who have court are not allowed to return to the classroom after their appearances, teachers suspend students from school based on their needs rather than the parameter of the detention facility and an already stretched staff becomes more stretched. These types of issues create problems that the line staff cannot surmount. There has to be one set of rules that are all encompassing for the facility that makes for a safe and secure environment and complies with the need for order within the facility.

The school should review their staffing to ensure that it is meeting the needs of the educational program (i.e. need physical educational staff and an additional GED teacher).

I am still recommending that the school and the facility review the policy of not allowing residents to return to school after court.

Further, the following areas should be addressed based on my interviews from my previous report with school staff:

A.

“policy and procedure”

B.

“everyone needs to know what to do”

C.

“the expectations should be written even kids should know them”

D.

“policy and procedure should be based on detention standards”

E.

“everyone should have the tools to do their job”

F.

“proper staffing is needed”

G.

“staff should be well trained to deal with this population”

These are areas that should also be addressed as I have discussed in my previous reports. The school should use small portable classrooms (which can be placed on the grounds of the facility within the security fencing) to help alleviate the congestion for students and teachers who are now forced to teach class in a storage closet. This is below any standard, educationally or detention and is not conducive to learning. Again below are my recommendations from my previous reports.

Recommended School Plan: A. The Henley-Young Facility will create and implement a plan to provide all of the following services and programs within their control related to the aspects of residents’ education: a. maintain an adequate physical facility for education, b. provide adequate security and support in the classroom, c. establish an in-school points system based on rewards and consequences for behavior, d. establish and implement a schedule for transporting residents to and from school that assures that residents will have the opportunity to receive the required hours of educational services mandated by law.

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B. Develop policies and procedures for all of the areas discussed above.
Solution/Plan 1. The Henley-Young Facility will make every effort to develop and formalize an interagency agreement between the Jackson Public School System and the HYC that: a. Provides adequate security within the school premises (including classrooms) for all residents including those residents requiring protective services or other special needs. b. Residents requiring protective services or other special needs shall have the same or equivalent educational services as other residents. c. Create an alternative educational plans for residents removed from the classroom for medical or behavioral issues. d. Provides a schedule for transporting residents to and from school that ensures that residents will have the opportunity to receive the hours of educational services mandated by law. e. Outline a cross training curriculum for HYC school employees and detention employees, which include an orientation and a safety curriculum and mandatory annual refreshment training for employees of the school. f. Ensure trainings will provide educational staff with appropriate facility policies that relate to or overlap with the school’s operations to include the policies regarding rules, discipline and the behavior management program. g. Include development of a plan and appropriate materials for various educational levels, to be distributed and explained to residents in the health care unit, in room confinement or otherwise unable to participate in normal school classroom activities. h. Ensure the class schedules are driven by the security of the facility and that the school looks toward developing individual learning plans for each student in the school. 2. The Facility Director or designee shall review the circumstances surrounding the placement of all residents who are in isolation or seclusion, or residents who do not attend school for medical reasons and other behavioral maintenance processes to assess the feasibility of an early release to attend school each day. a. A list of the residents that are not allowed to attend school and the reasons for the administrative restriction shall be documented and distributed to the Principal of the HYC School. b. The Facility Director shall designate a liaison to interact with school daily and the JPS Administration should create a position for Compliance Administrator to review the progress of the school on a weekly basis. c. All instances in which school activities are suspended by the facility due to incidents or other extraordinary circumstances shall be reported to the Compliance Administrator within 24 hours.
When the School Principal or designee is having issues, whether of a safety nature or any other problems, they should be reported to the compliance administrator and the facility Director or designee immediately. I am recommending again that the Jackson Public
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School system (JPS) hire a compliance officer to ensure that the school educational standards are being met (Is the new principal the compliance officer?). Below are the compliance ratings and summary of ratings that will be used in this report. Please be reminded that though most are in Non-Compliance, policy development is most important and the start of this process. However, as stated above the facility has made progress on some provisions which moved them from Non-Compliance to beginning compliance. Please note that many of the comments and recommendations in the provisions are restatements of previous reports because in those areas little movement has been made. The new Director should use these comments as a road map to developing a successful facility plan. He must also develop a comprehensive corrective action plan for guidance. That plan should have the following:
A. Clearly state the problem or weakness, including the root cause B. List the individuals who will be accountable for the results of the corrective
action plan C. Create simple, measurable solutions that address the root cause D. Each solution should have a person that is accountable for it E. Set achievable deadlines F. Monitor the progress of the plan
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The graph has been included to show the progress made thus far on the 71 provisions:

80
71 70

Compliance Summary

60

59

54

50

40

35 36

37 34

30

30

30

28

25

20

17

12

10

13

17 15 9

18 14
11

3

0 0 0

0 0

0 0

0 0

0 0

0

Report 1 Report 2 Report 3 Report 4 Report 5 Report 6 Report 7 Report 8

NC BC PC SC

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Compliance Code Measurements
Substantial Compliance (SC): Practices follow the county-approved policies, training materials or other documents; practices follow policy with rare exception and exceptions lead to corrective action; trained staff fill all positions and vacancies are filled within 3 months; the County has completed work in an acceptable manner; policies, procedures and practice and training are operational and quality-assurance audited and audit exceptions lead to corrective action; outcomes meet or exceed agreement requirements.
Partial Compliance (PC): Policy and procedure is implemented in some but not all locations or times; staff are hired but not trained; the County is working on implementation but tasks are not completed; system implemented at some but not all locations or times, outcomes meet or exceed agreement requirements some of the time and in certain area.
Beginning Compliance (BC): Policy and procedure is written by the county but has not been implemented; funding and hiring authority are approved by the County but positions are not filled; training materials prepared and approved by the county but training has not started.
Non-Compliance (NC): No action taken and immediate steps needed to maintain schedule or prevent further delay. A policy may exist, but the policy may need significant revision or modifications and rarely translates into practice.

Provision

Intake

1.(1) All Residents Admitted to Henley Young 1.(2) MAYSI-2 Mental Health Screening 1.(3) Prescription Medications 1.(4) Meal Compliance 1.(5) Telephone Usage 1.(6) Strip Search Policy

5th Report
NC NC NC NC BC BC

6th Report
NC NC NC BC BC BC

7th Report
NC NC NC PC PC BC

8th Report
NC NC NC SC SC BC

Provision 2.(1) 2.(2) 2.(3)

Staffing and Overcrowding Direct Care Staff Ratio Maximum Capacity Adjustment One-Person Cell

NC

NC

NC

NC

BC

PC

SC

SC

BC

PC

SC

SC

Provision

Cell Confinement

3.(1) Structured, Rehabilitative & Educational Programming NC

NC

NC

BC

3.(2) Appropriate Access to Living Unit

NC

NC

NC

NC

3.(3) Dangerous Residents

NC

NC

NC

NC

3.(4) Isolation

NC

NC

NC

NC

3.(5) Direct Care Staff on Units

BC

BC

BC

BC

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Provision

Structured Programming

4

Educational, Rehabilitative, and/or Recreational Programs

5th

6th

7th

8th

Report Report Report Report

NC

NC

NC

BC

Provision

Individualized Treatment Plans/Treatment Program for Post-Disposition Residents

5.(1) Residents Access to Adequate Rehabilitative Services

NC

NC

NC

NC

5.(2) Health and/or Substance Abuse Treatment

NC

NC

NC

NC

5.(3) Treatment Plans

NC

NC

NC

NC

5.(4) Review of Individual Treatment Plans

NC

NC

NC

NC

5.(5) Evening and Weekend Programs and Activities

NC

NC

NC

NC

5.(6) Quality Assurance Program

NC

BC

PC

PC

Provision

Disciplinary Practices and Procedures

6.(1) Implement a Discipline Policy and Practice

6.(2) Policy for Residents Violations

NC

NC

NC

NC

NC

NC

NC

NC

Provision

Use of Restraints

7.(1) Mechanical Restraints

BC

BC

BC

BC

7.(2) Mechanical Restraints – Transportation

BC

PC

BC

PC

7.(3) Misuse of Mechanical Restraints

BC

BC

PC

PC

7.(4) Mental Health – Use of Mechanical Restraints

NC

BC

BC

BC

7.(5) No Restraint Chairs, Chemical Restraints and/or Tasers BC

SC

SC

SC

7.(6) No Hogtying in Facility

BC

SC

SC

SC

7.(7) Mechanical Restraints – One-On-One Supervision

BC

PC

PC

PC

7.(8) Mechanical Restraints – Notice to Medical Professional BC

BC

BC

BC

7.(9) No Electronic Restraints

BC

PC

SC

SC

7.(10) No Firearms in Facility

BC

SC

SC

SC

Provision

Use of Force

8.(1) No Misuse of Use of Force

8.(2) Notice to Medical Professional After Use of Force

NC

NC

NC

NC

NC

BC

PC

PC

Provision 9.(1) 9.(2) 9.(3)

Meals and Nutrition All Meals and Snacks Must Be Nutritional Comply with Nutrition Guidelines Provide Drinking Water Throughout the Day

BC

PC

PC

PC

BC

BC

BC

BC

BC

BC

PC

SC

Provision

Clothing

10

Provide Basic Clothing Items

BC

BC

PC

PC

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Provision

Hygiene and Sanitation

11.(1) 11.(2) 11.(3) 11.(4) 11.(5)
11.(6)
11.(7)

Provide Appropriate Hygiene Products Provide Sleeping Mats and Blankets No Deprivation of Mats and Blankets Sufficient Sanitary Mats and Blankets Clean and Sanitary Environment Fire Safety, Weather Emergencies, Sanitation Practices, Food Safety, and Provide Safe Environment Clean Drinking Glasses and Eating Utensils

5th Report
BC BC BC BC BC

6th Report
BC PC PC PC BC

NC

BC

BC

PC

7th Report
PC PC PC SC BC
BC
PC

8th Report
PC PC SC SC BC
BC
PC

Provision

Medical Care

12.(1) Provide Residents With Adequate Medical Care

NC

NC

NC

NC

12.(2) Provide Medical Professional When Needed

NC

NC

NC

NC

12.(3)

Implement a Sick Call Policy to Ensure 24 Hour Services

NC

NC

NC

NC

12.(4)

Prescription Medications Only Dispensed by Medical Staff

NC

NC

NC

NC

12.(5) Provide Medical and Mental Health Services

NC

NC

NC

NC

12.(6)

Proper Monitoring Residents Who Require Individualized Attention

NC

NC

NC

NC

Provision 13.(1) 13.(2)
13.(3)
13.(4) 13.(5)
13.(6)

Mental Health Care Provide Adequate Mental Health Care Residents and Psychotropic Medications Within 72 Hours of Admittance Complete an Individual Mental Health Treatment Plan Implement Policies and Procedures for Referrals Sufficient Psychiatric Services Psychiatrist and/or Counselors to Record Review to Ensure Proper Care

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

Provision

Suicide Prevention

14.(1) Multi-tiered Suicide Prevention Policy

BC

BC

BC

BC

14.(2)

Evaluate Highest Level of Suicide Watch Every 12 Hours by Medical Professional

BC

BC

BC

BC

14.(3)

Closely Monitor Suicide Watch Residents During All Activities

BC

BC

BC

BC

14.(4)

Court Shall be Notified Within 24 Hours of Any Residents on Suicide Watch

BC

BC

BC

BC

Provision

Family Support and Interaction

15.(1) Visitation Shall Not Be Restricted or Withheld

15.(2) Provide Accommodations for Contact Visits

BC

PC

PC

SC

BC

PC

SC

SC

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Provision

Family Support and Interaction (cont.)

15.(3) Visitation Shall be Regularly Scheduled 15.(4) Phone Calls Shall be Allowed Based on Policy

5th Report
BC BC

6th Report
PC BC

7th Report
SC PC

8th Report
SC PC

Provision

Miscellaneous Provisions

16.(1) Provide Equal Access To All Services

BC

BC

BC

BC

16.(2)

Provide the Opportunity To Participate In Large Muscle Exercise Every Day

NC

NC

NC

NC

16.(3)

Prohibit the Use of Profanity in the Presence of Residents

BC

BC

BC

BC

16.(4) Provide Adequate Grievance Policy

BC

BC

BC

BC

16.(5)

Provide Residents of All Ages With the Opportunity to See Their Attorney and/or Residents Court Counselor

BC

BC

BC

BC

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The following are my observations and recommendations specific to the provisions of this agreement.

1. Intake
Provision1.1 Intake
Status Discussion
Recommendations

All residents admitted to Henley-Young shall receive a health screening, within 1 hour of admission or as soon as possible as reasonably thereafter, by appropriately trained staff as required by Mississippi Code Annotated § 43-21321. Information obtained during the screening shall include, but shall not be limited to, the juvenile’s: (a) Mental health; (b) Suicide risk; (c) Alcohol and other drug use and abuse; (d) Physical health; (e) Aggressive behavior; (f) Family relations; (g) Peer relations; (h) Social skills; (i) Educational status; and (j) Vocational status.” Mississippi Code Ann. § 43-21-321(1). During this screening, Henley-Young shall obtain information regarding the resident’s educational status by having the residents or intake officer complete an education screening form developed and provided by the Jackson Public School District.
Non-Compliance
During this visit and based on my previous visits, the County still needs to comply with the above mentioned Intake provisions. As stated in my previous reports the facility stills need to develop policies and procedures, practices and protocols that comply with this provision. Since this is a key provision, the school, the facility, mental health and medical should be involved in developing these policies, procedures and protocol. Please see recommendations below:
1. Fully develop admitting policies and procedures to reflect provision 2. The court should provide staffing for intake purposes 3. The facility should provide enough staff to fully cover the care and
custody issues in the facility 4. Ensure all staff who admit residents are properly trained 5. Develop training records 6. Provide documentation in a organized way on residents being
screened/admitted (files) 7. Ensure all residents’ records are available for my review with all areas
of the provisions placed in the resident’s file

Evidentiary Basis Document review, observation, interviews

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Provision 1.2 Intake
Status Discussion

All residents shall receive a MAYSI-2 mental health screening upon admission, as required by Mississippi Code Annotated § 43-21-321. The screening will be conducted in private by appropriately trained staff of Henley-Young. If the screening indicates that the residents is in need of emergency medical care or mental health intervention including, but not limited to, major depression, suicidal ideation, withdrawal from drugs or alcohol, or trauma, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation immediately or as soon as reasonably possible.
Non-Compliance
The status of this provision remains as non-compliance. However, the County has provided funding to hire a mental health professional for the facility. Once this person has been obtained, policies, procedures and protocols should be put in place to comply with this provision. Although the facility continues to screen using the MAYSI-2, there is still no follow-up as a result of the information revealed by the screening. Further, there should be constant mental health follow-up as it relates to residents that have been identified with warning and caution signs regarding their behaviors. In addition, the facility still needs to develop adequate policy and procedures for this provision which is very difficult without having a mental health program in place. In my review of documents, the following continues to apply as it relates to this provision. During my review of documents, there were several incidents dated 8/5/14, 8/27/14, 9/23/14, 10/5/14, 11/19/14, and 11/24/14 that revealed residents who were engaged in suicide attempts, gestures and thoughts. As stated in my last report (7th), the facility needs first to answer the following questions below; then follow the recommendations.
A. What are the program objectives for mental health screening?
B. What are the characteristics or common traits the program wants to identify for emergency or follow-up clinical consultation?
C. What MAYSI-2 scores will the facility use as the signal for the program staff to obtain clinical consultation or services?
D. What mental health follow-up services are available when the resident’s MAYSI-2 score indicates that they are needed?
E. In what way will the facility develop a database that creates a profile of mental health needs in the population and program \decisions and adjustments needed to improve mental health services for the residents?
During this visit, I observed several residents that were admitted to the facility and although the MAYSI-2 was completed on these residents it was done so in a manner in which there was a “rush” to complete the instrument and the computer was down therefore it had to be done manually. By

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rushing the process, there is a high probability that residents would not be assessed accurately; leaving them at risk for inadequate treatment or no treatment at all. This leaves the facility vulnerable to legal actions due to the potential harm, inadequate services poses to the residents that you seek to serve.

Recommendations

1. Develop comprehensive policy and procedures for this provision. 2. Develop resident files that are organized and arranged properly 3. Develop training and provide documentation of training 4. Identify person or person(s) whose responsibility is to score the
instrument 5. Provide documentation on who reviews the instrument and note
what services are provided for the residents in the facility and what services should continue when the residents leave the facility 6. Develop process whereby facility staff and court employees develop a system for the sharing of information and reviewing of residents’ files which are centrally located and accessible to detention staff.

Evidentiary Basis Document review, observation, interviews

Provision 1.3 Intake
Status Discussion

Prescription medications will be secured for all residents who have a valid, current prescription within 8 hours of admission, if possible, but in no case, longer than 24 hours after admission, including weekends and holidays. If during a resident’s detention, a medical professional either prescribes a new medication or renews a resident’s previous prescription medication, HenleyYoung will secure the prescription medication within 8 hours of receiving the prescription, if possible, but in no case, longer than 24 hours after receiving the new prescription, including weekends and holidays. Henley-Young shall procure and/or purchase all prescription medications prescribed to confined residents.
Non-Compliance
As stated in my previous reports, the status of this provision remains as noncompliance based on document review, interviews and observations. I reviewed several residents’ files and their medical/mental health needs are still not being met. Specifically, training of universal precautions is sorely needed. It should be noted that based on the fact that the medical program is not in place and files are in disarray, determining whether or not residents are receiving new prescriptions or if prescriptions are received within 24 hours is problematic at this time. This should be a part of the new medical policies, procedures and protocols once the new medical contract is in place.
The facility should continue to follow the recommendations below which are the same as in the previous report. The initial intake/admission process is a critical part of residents’ transition when they are entering the facility. During
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my review I found that because of the lack of staffing, it was very difficult for staff to really get a firm understanding of residents when they entered the facility.

Having two RNs is a major improvement in the medical services however there is still a need for a physician to direct medical care. The nurses cannot prescribe medications, perform invasive evaluations, and when needed, write standing medical orders. Further they cannot perform complete physicals on residents when they enter the facility. It should be noted, residents are not receiving physicals as required based on minimal juvenile detention standards and the Mississippi Youth Court code (43-21-321). In addition, there is no Pharm D to oversee medication administration and dosage. I saw no biomedical hazard receptacles, which implies that the facility has no contract with a waste removal company.

Recommendations

Again, based on my review of documents and observation, over the past two and a half years no doctor, physician’s assistant or practitioner has been hired. Also, there are no policies, procedures or protocols to guide these nurses. Therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action. I did meet with the current medical providers and they are in agreement that policies, procedures and protocols are needed. In addition, it should be noted that the company that is providing the medical services is a temporary staffing agency therefore there is a strong need for a licensed medical doctor, physician’s assistant or a practitioner must be involved in developing the medical department.
1. Hire a Medical Doctor, physician’s assistant or a practitioner. This person must be involved in developing the medical department and to direct medical care.
2. Develop written policy and procedures or protocol for this provision 3. Document staff training on distribution and side effects of medication 4. Provide documentation on efforts to obtain prescription drugs

Evidentiary Basis Document review, observation, interviews

Provision 1.4 Intake Status Discussion
Recommendations

Upon admission to Henley-Young, all residents shall be offered a snack or meal in compliance with the United States Department of Agriculture’s School Meals Program standards.
Substantial Compliance
The facility has moved to substantial compliance on this provision based on my observation, interviews and review. Therefore the facility must continue to follow the recommendations below.
1. Continue in the development of policies and procedures for this provision.
2. Procedures should be part of intake/admission procedure.

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Evidentiary Basis

3. Ensure there are snacks or sandwiches available for residents being admitted between 6 pm and 5 am.
4. Ensure enough staff members are available to fully comply with the policies and procedures.
Document review, observation, interviews

Provision 1.5 Intake Status Discussion
Recommendations

Upon admission to Henley-Young, all residents shall be permitted to telephone a parent or legal guardian free of charge and to take a shower before being placed on the pod.
Substantial Compliance
The facility has moved to substantial compliance on this provision, based on my observation and review. Therefore the facility must continue to follow the recommendations below.
1. If officers have been trained on this policy, they may need retraining. 2. Develop a consistent way to document the intake process that shows that a
phone call and shower were completed. 3. Develop policy and procedure for this provision.(executed) 4. Train staff and document this training.

Evidentiary Basis Document review, observation, interviews

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Provision 1.6 Intake
Status Discussion

Within 60 days of the date of this agreement, Henley-Young shall develop and implement policies that limit strip searches to instances where Henley-Young staff has an articulable suspicion that a resident may possess weapons or contraband. Anytime a strip search is conducted, Henley-Young staff must document, in writing, their suspicion, obtain permission from a supervisor, and conduct the search in a manner that minimizes the intrusion into the resident’s privacy.
Beginning Compliance
The status of this provision remains as beginning compliance. Based on my interviews with residents and review of documentation, there is a lot of contraband still coming into the facility that needs to be addressed.

This amount of contraband continues to create a dangerous environment which is evident by contraband discovered on 9/27/14, 10/10/14, 10/21/14, 10/28/14 and 11/19/14. During my review of documents, I found that on several occasions, cigarette lighters, matches and cigarettes were found in the resident’s rooms to the point where several fires were started and created smoked filled rooms. This is a very dangerous and hazardous situation that must be addressed therefore my recommendations below still stands.

Although there is an agreement between the Board and SPLC regarding strip searches, I disagree with this as does the ACA as stated below. As it relates to proper intake and safety and security in a secured environment, the following must exist. Security (secured) is defined as “being free from danger or risk of loss: safe, fear from fear or doubt, anything that gives or assures safety”. Security is an intricate and essential component of a juvenile detention facility. The process for admitting a resident to detention is extremely important. There is an art to getting residents fully and smoothly involved in the detention program. The admission process is what is called the “critical hour” because it is the first encounter with the resident. It is the first impression, sets the tone and it establishes the ‘flavor’ for the entire stay in detention. Detention is a complex situation, placing troubled residents together in a confined environment with high levels of uncertainty. The risk for problems is very high for both residents and staff. Good detention facilities supply staff with a substantial amount of information at admission. Since the first moments are critically important because it sets the tone it is important to have the best staff assigned to the admissions area. In addition, it is very important staff understand that youth are coming off the street based on being arrested and they are not aware of the circumstances surrounding the arrest or if the youth were properly searched by the arresting police officer. There are natural consequences when this process is not completed correctly. Therefore, to be clear the following should apply to residents being searched upon entering the facility. When staff are authorized to conduct a strip search, these guidelines should be observed for the staff’s protection:

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 a strip search should occur only after staff have had training on how to conduct a strip search
 strip searches should be conducted in a private area of the detention facility
 staff must maintain a professional demeanor throughout the process  the resident should be asked to remove all of their clothing, and staff
should refrain from inappropriate comments and staring  staff should not touch a resident during a normal strip search  staff are only permitted to conduct a strip search on a resident who is of
the same sex
Drug-related offenses, violent offenses, and serious felony offenses do constitute a reasonable suspicion to conduct a strip search. Additionally, the frisk search at admission and the inventory search of property may uncover contraband that creates a reasonable suspicion to conduct a strip search. Staff should be advised to conduct a strip search on all juveniles at admission.1 ACA recommends completing a strip search as part of the admission process. In the absence of case law on the subject, conducting a strip search as a routine part of the admission process is advisable. Body-cavity searches are to be conducted by a licensed health care provider with the authorization from the responsible physician and facility administrator; staff should never conduct a body-cavity search. Specific reference is made to a visual, manual, or instrument search of a residents’ anus and/or vagina. (Desktop Guide for Good Juvenile Detention)
Based on the above, additional staff is required and the intake area must be stabilized as it relates to permanent and trained staff in the area. During my observation of the area, the facility continues to move staff in and out of the area which does not provide adequate coverage. Again, staff is being pulled throughout the building to complete the admission process. Therefore the statement below still stands.
Based on my observations and review, as stated in my last report, the facility does have policy and procedures for this provision. During my interview with residents I found no residents who acknowledged there was inappropriate intrusion during the search process upon their admission to the facility. I did review the process, and to become further compliant with this provision there must be documentation of the policy and documentation of staff training on this procedure. Although this is an area of concern, strip searching is necessary to
1 Although, this provision will need modification, I understand that Hinds County has ceased its practice of strip searching residents during the admission process at HenleyYoung unless there is an articulable suspicion that a resident possesses weapons, drugs, or contraband and is in the process of implementing a policy that complies with the consent decree.
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Recommendations

ensure no contraband enters the facility. As long as searches are conducted in a humane manner by an officer of the same sex as the resident, no resident’s rights are being violated. My greatest concern was that in my interviews I learned that some of the residents reported that they were not searched before being placed on a unit. The process I observed was very loose and not well structured. It is important that the officers follow the policies and procedures as they direct this process. Failure to follow these procedures presents the possibility of having a very dangerous situation in the facility. The facility must follow its policies and procedures to provide a safe and secure environment. Continue to comply with this provision.
1. Staff must be provided with the necessary training with information stating the trainer, name of the training class/course, time, date and location of training.
2. This documentation should be kept and logged in facility records 3. Provide enough staff for adequate coverage 24/7.

Evidentiary Basis Document review, observation, interviews

2 Staffing and Overcrowding

Provision 2.1 Staffing and Overcrowding

Within 90 days of the date of this agreement, Henley-Young shall operate with a direct care staff to resident ratio of 1:8 from the hours of 6:00 a.m. until 10:00 p.m. and a ratio of 1:10 from the hours of 10:00 p.m. to 6:00 a.m.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance. However, the County has allocated additional funding to hire 21 additional detention officers, a recreation coordinator, onsite skilled maintenance and a mental health professional.

Please see my introduction as it relates to staffing. Nothing in the statement below from my last report (7th) has changed.

Based on my previous review, I am again reiterating that although the facility is not overcrowded and the average population has been 36.8 based on a five month analysis of Henley-Young records it still suffers from staff shortages, Until the additional staff are hired and trained this problem will continue. Again, since the facility is short on staff, the staff members are under pressure to keep the peace at all cost. Several officers I interviewed during this visit again continued to express concerns regarding their ability to do their jobs, citing staffing as the problem. According to the residents I interviewed they are out of their rooms more than before however on the weekends there still continues to be a problem with residents being secured in their rooms when they should be out.

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As stated above there are still many conflicts between the mandates of the court, the school and the facility. Students who have court still are not allowed to return to the classroom after their appearances, teachers still suspend students from school based on their needs rather than the parameter of the detention facility and an already stretched staff becomes more stretched. These types of issues create problems that the line staff cannot surmount.
This is another indication that when there is not sufficient staff available, officers have a tendency to not engage residents on their inappropriate behavior, which in turn affects any structured programming. Again, the Henley-Young officers are compelled to react to minor misbehaviors, out of fear that small situations will become big ones. As stated in my last report, they are locking down residents that present potential conduct issues so other residents will be safe. Further, the officers are not equipped to handle residents with mental health problems. This thinking only exacerbates a resident’s misbehavior when they are outside their rooms because they have nothing to lose because their misbehavior only gets them a return to their rooms. The approach is counterproductive and not in line with good juvenile detention practices. Because there are no qualified mental health professionals, at Henley-Young, residents are isolated and their needs are not being met. This situation places direct care staff in a quandary on how to handle these residents. Without regular access to mental health professionals, children often deteriorate and staff members become apprehensive regarding their next step, so isolation becomes the norm. This should be addressed by the new director.
During this visit my observations and my record review revealed that because of the inadequate staffing levels there are no consistent security checks of residents who are placed on behavior management or isolation. There were residents placed on behavioral management and isolation without the appropriate documentation on the doors (i.e. supervisors’ signature see Exhibit F). This indicates that the residents are not being properly observed during this period, and that no records are being made of the residents’ behavior while in behavior management or isolation. Therefore, there is a need for major training as it relates to behavior management and isolation of residents at HenleyYoung.
Based on the resolution by the Hinds County Board of Supervisors dated November 3, 2014 and my review of data for a five month period, the population of the facility should average no more than 32 residents. In addition, in looking at five months of data the average number of bed days for residents who are charged with domestic violence was 736 bed days. In addition, youth who are placed in the SIU/89 day program had a bed day usage of 932 bed days. These numbers revealed that domestic violence and 89 day residents who are being held in detention should have a different arrangement than utilizing the more expensive detention beds. (Please review my technical
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report dated November 24, 2014 submitted to the court.) With the reduction in population, the hiring of additional direct care staff the matrix below will reduce the needed direct care staffing which was discussed with the facility and board attorneys based on my technical assistance visit. However, the County must still ensure there are adequate case management services provided by the facility. Correspondingly, protection from harm, facility medical services and appropriated mental health services are vital for compliance with the settlement agreement/consent decree. It should also be noted that there is a need for adequate supervisory staff to be available on each shift as discussed with the Board attorneys and facility administration.
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Recommendations

Units A officer

Day Shift Evening Shift

3

3

Night Shift Total

2

8

B officer C officer

3

3

2

8

3

3

2

8

D officer

3

3

2

8

Intake

1

1

Master Control

1

1

Staff for Court

Transportation

2

2

Internal

Transportation

2

2

Laundry

2

2

*Director

1

*Deputy Director

1

*Operation

1

Manager

Supervisors

3

3

26

23

Duty Post Staffing/Administration

1

3

1

3

4

4 4

2

8

12

61

61 Direct care/supervisor/laundry staffing X 1.5 Relief Factor—Total staff needed to effectively operate the facility—91.5 1 to 8 Awake —1 to 10 Sleep

Evidentiary Basis

Misc. post coverage Medical/MH Hospital Runs One on One MH/Medical Visitation *Administration *Maintenance
Document review, observation, interviews

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Provision 2.2 Staffing and Overcrowding
Status Discussion

If the staff-to-residents ratio falls below the requirements of section 2.1 for longer than two (2) days, the Director or his assignee shall immediately identify residents accused of nonviolent offenses who are eligible for less restrictive alternatives to secure detention and request an emergency release for eligible residents from the appropriate Residents Court. The maximum capacity of Henley-Young shall be calculated by determining how many direct care staff members can supervise residents in accordance with section 2.1. The current maximum capacity of Henley-Young is 84.
Substantial Compliance
The facility continues to be in substantial compliance on this provision based on my review of documents, interviews and observations. The facility does have policies and procedures in place signed by the Court Administrator, the YC Judge and the Executive Director.

Although the facility has not reached its maximum capacity of 84 there is a procedure in place to ensure steps are taken for releasing of residents who meet the criteria.
Recommendations Continue to provide training to ensure that everyone is aware of the new policy and prepared for implementation should the need arise.
Evidentiary Basis Document review, observation, interviews

Provision 2.3 Staffing and Overcrowding Status
Discussion

No more than one resident shall be placed in a one-person cell.
Substantial Compliance The facility continues to be in substantial compliance on this provision. I found no indication that the facility had more than one resident in a room.

Recommendations

The facility has developed policies and procedures for this provision.
1. Develop and provide adequate training for this provision. 2. All training shall be documented.

Evidentiary Basis Document review, observation

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3 Cell Confinement

Provision 3.1 Cell Confinement

Residents shall be engaged in structured, rehabilitative, and educational programming outside of their cells during the hours of 7:00 a.m. to 9:00 p.m. each day, including weekends and holidays.

Status

Beginning Compliance

Discussion

The status of this provision has moved to beginning compliance, based on my review of documents, discussion and observations, residents are out of their rooms during weekdays however the County must work on creating programming and supplying enough staff on the weekends so that residents are engaged in structured rehabilitative programming. In addition, as stated in my introduction as it relates to the school, the courts and the facility residents who are placed out of school for behaviors or court should be either in school or provided educational services despite the fact that they are placed on the units. The facility should still follow the recommendations below.

Therefore my statements below still stand. In addition, as it relates to the school, since there has not been an evaluation of the school, I would be recommending an external audit by a qualified educational consultant.

During this visit, I still found very limited indications that structured rehabilitative and educational programming was occurring. There was no posting of activities within the facility and I found limited documentation detailing any activities or programming. The new recreational leader has developed a limited schedule which he is in the process of implementing which I will review on my next visit.

Recommendations

Again, please review the introduction as it pertains to activities, recreation and programming. As to the school I direct you to read the introduction and I further recommend that the school be fully evaluated. My review of the files showed that there is no case management within the facility as a whole. According to the residents, their basic recreation consists of playing cards and dominoes. They are allowed to go outside but there are no scheduled activities. Other than sitting on the bleachers and playing basketball for those who are engaged in that sport, there was nothing for residents to do. There are no positive behavioral management programs within the facility.
1. Develop policies and procedures for this provision. 2. Review the schedules to be sure that they adequately reflect all daily
activities. 3. Develop positive behavior management systems with rewards and
consequences. 4. Remove the dark film from the Plexiglas in towers on unit which
would allow staff to view the unit without there being visual

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obstruction (when lights on). Executed 5. Develop monthly recreation schedule. 6. See all of the recommendations for recreation activities and
programming and for the school in the introduction.
Document review, observation, interviews

Provision 3.2 Cell Confinement
Status Discussion

Except when residents are in protective custody or confined subject to section 3.3 of this Settlement Agreement, residents placed in the Suicide or Booking cells shall be allowed to spend the hours of 7:00 a.m. to 9:00 p.m. on the appropriate living unit and to have the opportunity to engage in structured, rehabilitative, and educational programming, unless medically counter-indicated.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents, interviews with residents and staff, and observations, residents are still being held in the booking area when they are placed out of school for behavior issues. Students are also being held out of school after court hearings. Again, this should be addressed by the facility and the court. Students should be returned to the educational program after court. As it relates to structured rehabilitative programming, the hiring of the two recreation officers should assist in the development of scheduled structured activities for residents that are productive and rehabilitative. This should help to reduce stress for staff and residents. For this reason I will reiterate my statements from my previous report (7th).
My review of documents and observations showed that the facility still has not developed policy and procedures for this provision. During my review, I found residents on the unit living area still not being supervised (see Exhibit G). Again, as stated in my introduction, there were residents who were not allowed to attend school for the remainder of the day after returning from court. This is an issue that needs to be addressed immediately. This visit, I observed eight residents who wanted to return to school but were not allowed. As stated previously, I recommend that students who are disruptive in the classroom and are removed from the classroom receive either behavioral management or are written up and receive due process. However, they should continue to be a part of the educational process. The school needs to revise any policies they may have regarding suspension of students from a school within a controlled environment. A student cannot be suspended from school in a detention facility therefore the school needs to develop a better behavioral management system. If a resident is removed from school due to behavioral problems that resident should never be placed in the booking

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area.
The facility still needs to develop data collection tools to use to determine and identify who is placed on units, time, length etc. when they are placed out of school. The facility remains non-compliant with this provision, therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.

Recommendations

1. Follow recommendations as set forth in section 3.1. 2. Develop adequate policies and procedures for this provision. 3. Develop data collection for residents who are placed in protective
custody or confinement. 4. Residents who are removed from school should be placed in a
designated living area.

Evidentiary Basis Document review, observation, interviews

Provision 3.3 Cell Confinement
Status Discussion

Residents who pose an immediate, serious threat of bodily injury to others may be confined in their cells for no longer than 12 hours at a time without administrative approval. Residents who are placed on cell confinement for this reason shall be released from their cells daily to attend school, maintain appropriate personal hygiene and to engage in one hour of large muscle exercise. Staff must perform visual checks on residents who are subject to cell confinement every 15 minutes. Staff must document all instances of cell confinement in writing and must document the justification for determining that a resident poses an immediate, serious threat of bodily injury.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents, interviews with residents and staff and observation, residents are still being confined in their cells for long periods of time without appropriate documentation. During this visit, I also found eight residents, although they were not locked in their rooms, they were on the units without being engaged in any meaningful programming or activities because they were placed out of school. Staff was still in the towers and not interacting with the residents on the unit. I have discussed this in my previous reports stressing that there must be enough staff in order for the staff and the residents to be engaged and for the safety and security while residents are on their units. Supervising residents from the tower fails in the face of good supervision and rehabilitation.
Therefore the statements below from my previous report (7th) still stand.
During this visit, I did find that the facility has developed a system for

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Recommendations

procedural due process for facility violations. However, there are no supervisory checks to the process which are critical to ensure that staff are following the policies and procedures and not just placing residents in their rooms discriminatorily. As stated in my previous reports the facility has developed policies and procedures and the QA department is doing a good job however there still needs to be adequate training to ensure everyone is following the process. As stated in my previous report I did review the new forms developed, they are aligned with best practices, however they are not being appropriately used. See my discussion of this matter in the introduction. Though processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and standardized way of running the facility.
1. Develop adequate policies and procedures for this provision. 2. For residents placed in their rooms, develop forms that indicate the
time residents will be in their rooms and post it on their doors. 3. Ensure that supervisors sign off on the form in 15 minute staggered
visual checks when residents are placed in their rooms. 4. Develop a system of major and minor consequences for behavior. 5. Develop form for 15 minute checks and include in policy.

Evidentiary Basis Document review, observation, interviews

Provision 3.4 Cell Confinement
Status
Discussion

Residents shall not be automatically subjected to cell confinement and/or isolation upon their admission to Henley-Young unless he or she would be subject to cell confinement under section 3.3.
Non-Compliance
This status of this provision remains as non-compliance, therefore my discussion below still stands.

Recommendations

As I address this provision, I must first state that the violation of this provision is directly associated with the lack of staff to properly admit residents to the Henley-Young facility. The facility is still coordinating this provision with provision 3.3 and policies and procedure are still in developmental stages. Once completed training and documentation will need to be addressed. However, during my visit on several occasions, I observed residents that were placed in their rooms and locked down because there was a lack of staff, with no orientation and no freedom to move about the unit. This can only be addressed when there is enough staff. No residents should be gratuitously subject to lock down. Please review my introduction.
1. Develop adequate policies and procedures for this provision. 2. Ensure all staff is trained and document training. 3. See provision 3.3

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Evidentiary Basis Document review, observation

Provision 3.5 Cell Confinement
Status Discussion

At all times between the hours of 7:00 a.m. to 10:00 p.m., at least one direct care staff shall be stationed on any living unit where two or more residents are placed, and direct care staff shall be actively engaged with residents. From 10:00 p.m. to 7:00 a.m., staff shall conduct visual checks on residents every 15 minutes. Henley-Young shall ensure that every cell has an operating intercom that allows residents to communicate with staff at all times.
Beginning Compliance
The status of this provision remains as beginning compliance, therefore my discussion below still stands.

Recommendations

The facility has developed a policy and procedures regarding this provision. Again due to the lack of staff, it is very difficult for the facility to address this provision. During this visit I found residents were left unsupervised as stated in my previous reports and this continues to happen. Again, residents were on the unit without supervision although one staff was in the tower. There were doors opened on the unit which also allows for serious things to happen between residents. This is a major area of concern and must be addressed. It continues to make me uneasy as it has during my previous visits. Review of documentation and direct observation reveals that staffing continues to be a major problem at Henley-Young. The facility remains non-compliant with this provision, therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action. Since a policy has been developed this provision remains in beginning compliance (see Introduction).
1. Develop adequate policies and procedures for this provision. 2. Provide adequate staffing. 3. Provide adequate staff supervision.

Evidentiary Basis Document review, observation, interviews

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4 Structured Programming

Provision 4 Structured Programming

Henley-Young shall administer a daily program, including weekends and holidays, to provide structured educational, rehabilitative, and/or recreational programs for residents during all hours those residents shall be permitted out of their cells, pursuant to section 3.1. Programming shall include:
a. activities which are varied and appropriate to the ages of the residents;
b. structured and supervised activities which are intended to alleviate idleness and develop concepts of cooperation and sportsmanship; and
c. Supervised small group leisure activities, such as a wide variety of card and table games, arts and crafts, or book club discussions.

Status

Beginning Compliance

Discussion

The status of this provision has been moved to beginning compliance.

The facility’s new recreation supervisor has developed a daily schedule and is in the process of implementing the program. I reviewed the documentation and it revealed that the facility has developed a recreational schedule. However, it should be reviewed by the administration to ensure that it is being followed. My review of the documents showed that visitation is only twice a week when the facility’s policy dictates visitation should be three times a week. It should be noted that in my interviews with residents and staff, visitation is three times a week however for consistency purposes and new employees, the schedule must reflect what actually occurs. In my discussion with the new recreational supervisor, he is moving in the right direction however there is a need for adequate equipment for structured games and activities.

Recommendations

I have noted that weekend activities are missing from the program which suggests that residents are being confined to their units/rooms as they indicated in my interviews. The facility should continue this development of this provision, the facility administration should continue to support the program being implemented and provide the resources necessary for its implementation, it is moving in the right direction. Therefore I am reiterating that the suggested actions and recommendations from this report be reviewed and put into action.
1. Continue to develop adequate policies and procedures for this provision.
2. Provide adequate schedules for weekdays and weekend programming and act on it.
3. Develop an adequate monthly recreation schedule with age appropriate games and programs.

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4. The facility need to hire an officer dedicated to developing and monitoring recreational programs.
Document review, observation, interviews

5. Individualized Treatment Plans Treatment For Post-Disposition Residents

Provision 5.1 Individualized Treatment Plans Treatment Program for PostDisposition Residents

Henley-Young shall ensure that residents have access to adequate rehabilitative services. Henley-Young shall ensure that children placed in the facility post-disposition will receive constitutionally compliant rehabilitative services.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance, therefore my statements below still stand.

See the discussion of the 89 day program in the Introduction.

Recommendations

Since there is no structured programming outside of individual counseling, the County may want to hire case managers to provide initial and ongoing case management services (i.e. treatment planning, family assessments, educational assessments, referrals for mental health or health services). Also the case manager will identify indicators of goals achieved, specify the person responsible for implementing the resident’s and family’s treatment goals; update treatment plans; and develop discharge plans with recommendations. In addition, the facility needs counselors who are responsible for a resident’s safe adjustment to secure confinement.
1. Develop adequate policy and procedures to meet this provision. 2. Either fund properly or discontinue the 89 day program. 3. Review light weight residents in program (i.e. disturbing the family
peace) and find alternative placement for them. 4. Fund appropriate staffing to develop individualized treatment plans
for residents in 89 day program. 5. Develop and fund alternative community programming for residents
in 89 day program that can be serviced in community. 6. Hire 3 case managers who are assigned and work for the facility
director.

Evidentiary Basis Document review, observation, interviews

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Provision 5.2 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall ensure that residents in need of mental health and/or substance abuse treatment and/or who are in the facility post disposition shall have appropriate treatment plans developed and implemented in accordance with generally accepted professional standards of practice for mental health and rehabilitative services.
Non-Compliance
The status of this provision remains as non-compliance, therefore my statements below still stand. See the technical assistance provided to the court dated November, 2014.

Recommendations

Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating the action and recommendation from my previous report below.
Residents entering the facility pre or post disposition (89-day program) still have no treatment plan as it relates to mental health although some residents are being seen by Hinds Behavioral Health counselors. Once a resident enters the facility and the screening shows evidence and warning signs of suicidal ideations, traumatic experiences, depressed moods, and/or somatic complaints etc. that are indicated by the MAYSI-2, the residents should be evaluated and have a treatment plan developed.
There is no documentation to show that treatment was provided to residents based on identified warning signs; there are no treatment plans available, and there is no mental health staff available to implement the treatment plans. Also, I found no treatment plans for residents that were currently at the facility or post treatment plans for residents leaving Henley -Young. Interviews with staff showed they were very frustrated with the lack of mental health services at the facility. In addition, there is no functional system in place to address residents with mental health issues or exhibiting mental health behaviors. Also, residents having problems within the school should at least have an IEP to determine whether they are in need of placement within the special education program over and above any need for mental health services. At this point, there is no indication that any mental health services, beyond the MAYSI-2 are being provided other than those services provided by Hinds Behavioral Health which is limited at best. However, I found no documentation of any services provided to residents at Henley-Young (i.e., treatment plans, screenings or evaluations, etc.). See Introduction.
1. Develop adequate policies and procedures for this provision. 2. See recommendations under (5.1).

Evidentiary Basis Document review, observation, interviews

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Provision 5.3 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status Discussion

Henley-Young shall implement policies and procedures for the required content of treatment plans, which shall include;
a. That the treatment plan be individualized; b. An identification of the mental and/or behavioral health and/or
rehabilitative issues to be addressed; c. A description of any mental health, medication or medical course
of action to be pursued, including the initiation of psychotropic medication; d. A description of planned activities to monitor the efficacy of any medication of the possibility of side effects; e. A description of any behavioral management plan or strategies to be undertaken; f. A description of any counseling or psychotherapy to be provided; g. A determination of whether the type or level of treatment needed can be provided in the resident’s current placement; and h. A plan for monitoring the course of treatment, and if necessary, for revising the treatment plan. i. A description of the precise terms the of the facility’s long-term and short-term objectives for the residents, the full range of services to be provided, and procedures, and timetables and staff assignments for the implementation of such treatment plan; j. A plan for regularly engaging the family in the resident’s treatment plan; k. A comprehensive re-entry plan that will assist the residents re-enroll in their home school and access medical, mental health, Vocational and rehabilitative services based in the community.
Non-Compliance
The status of this provision remains as non-compliance, therefore my statements below still stand. See the technical assistance provided to the court dated November, 2014.

Recommendations

The facility still has not developed policy and procedures for this provision. Please see previous report. As stated in provision 5.1, the facility still needs to develop the appropriate program structure with adequate staffing, adequate therapeutic treatment, supervision, education, etc. Henley-Young is still non-compliant as it relates to this provision. Because there has been no movement on this provision, I am reiterating the actions and recommendations from my previous report below. See introduction.
1. Develop comprehensive policies and procedures for this provision that includes the contents (A-K).
2. The County/Court shall define the criteria for the program a. It is important that post dispositional programs in other facilities be reviewed.

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b. Often seeing what is being done in other facilities provides insight into how to develop and operate these programs.
3. Provide dedicated staff to manage program. 4. Provide intensive training to these staff members.
a. Train staff in various treatment modalities i.e. cognition, behavioral modification, modeling, psychotherapy, reality therapy, group therapy and group dynamics and other skills required to successfully facilitate the goals of the 89 day program.
b. Create treatment teams c. Develop case planning and program development d. Assessment of the program to determine if it meets the needs
of the court placed residents. e. Assessment tool to regularly monitor the success or lack of
success of all residents in the program. 5. Provide auxiliary training to all other direct care staff.
Document review, observation, interviews

Provision 5.4 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall institute a program of periodic staff reviews every three weeks and evaluations of each resident’s progress under his/her individualized treatment plan and of the appropriateness of the plan itself and Henley-Young’s plan for such review.
Non-Compliance The status of this provision remains as non-compliance, therefore my statements below still stand. See the technical assistance provided to the court dated November, 2014.

Recommendations

Based on my review of documents and observation, services are still not in place and are not being provided for this provision. I am reiterating the actions and recommendations from my previous report below. Please see the previous report and provisions 5.1 and 5.3, take note of the discussion of these issues in the Introduction.
1. Develop comprehensive policies and procedures for this provision. 2. Provide training to all staff. 3. Identify roles and responsibilities of direct care, treatment and
educational staff as it relates to the staffing for 89 day program through policies and procedures and adequate funding and staffing.

Evidentiary Basis Document review, observation, interviews

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Provision 5.5 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement a program that provides for evening and weekend programs and activities that allow residents to engage in meaningful activities.
Non-Compliance The status of this provision remains as non-compliance, therefore my statements below still stand. See the technical assistance provided to the court dated November, 2014.

Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating the actions and recommendations from my previous report below. The programming of the facility is at a standstill as it relates to this provision. There are very few activities on weekends therefore there is no meaningful programmatic, structured activities except for card playing and dominoes. Take note of the discussion of these issues in the introduction.

Recommendations

1. Develop comprehensive policies and procedures to meet the needs for this provision.
2. Provide adequate staffing for this program. 3. Develop a monthly recreational program with activities. 4. Keep records of activities provided and note those that were not
provided and why. 5. Purchase board games etc. 6. Hire recreational staff. (executed)

Evidentiary Basis Document review, observation, interviews

Provision 5.6 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement an adequate quality assurance program.
Partial Compliance The facility has remains at partial compliance on this provision.

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A review of documents and interviews with the QA staff reveals that they are moving in the right direction. However, they still need support from the administration to ensure that there is follow through on their recommendations. The data that the QA managers are collecting is on the right path to fulfilling this provision. My review of documents reveals that the QA unit is auditing areas however there is a lack of follow up by the administration once the audit has been conducted. There must be corrective action plans completed and follow up to ensure that they are in compliance with the facility’s policies and procedures. An example will be memo dated 9/29/2014 regarding feeding procedure and visitation. In reviewing the documents I found no corrective action or administrative follow up based on the QA audit. In reviewing the memo from 8/14/2014, there were 12 areas cited however I saw no corrective action or administrative follow up based on the QA audit. As it relates to statistical data, I would work with the facility upon my next visit to improve on their data collection. An example of statistical data improvements would be due process isolation log:
a. what are violations b. were there any appeals c. types of incidents residents involved in d. computerizing the daily rosters to ensure better accuracy e. average length of stay f. age g. zip code h. average bed days i. average daily population j. the number of days individual resident have been in facility k. computerize jail log and document book l. the number of major and minor infractions (see Exhibit H)
These are just a few areas we will work on as we develop the QA unit more.
However, I will continue to offer technical assistance to ensure that the data is used to achieve effective outcome measures and assist with development of policies, procedures, protocols and training. In addition, the outcome measures should be quantifiable (measurable), events, occurrences, conditions and behaviors. This data should be collected continuous and analyzed periodically. In addition, the QA coordinators are being pulled away from their assigned duties to provide occasional supervision and direct care work based on my review of documents and observations. This again creates a cycle of staff whiplash because there is a lack of focus, structured working environment.
As it relates to due process it is important that the hearing officers are well versed in the ACA standards as to the handing out of disciplinary
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consequences for charges during hearings. There are specified ranges for major and minor offenses. Also, there is no place for cumulative discipline, because part of the due process is to deter negative behavior at its first occurrence. Also, many residents are placed on isolation with no due process, to the point that it appears to have become a behavior program. There is no record of the time, or the reason for these actions. It concerns me that this is another example of creative action when there is not enough staff or enough programming to better address these issues.

Therefore my statements below still stand at it relates to the treatment program.

The facility’s policies and procedures for an individualized treatment program for post disposition residents have not been presented or approved.

Recommendations

It should be noted that the courts must also be involved in the development of the quality assurance program. There must be a system in place to evaluate the 89-day program when residents are assigned to it. In addition, data should be collected and retained to determine if the program is achieving its expected outcomes. It is very difficult to develop an effective treatment program or individualize treatment plans without an adequate review of the processes in place.
1. Develop comprehensive policies and procedures to meet the needs for this provision for the facility, school program and SICU program.
2. Health Care: continuously assess the quality and adequacy of the health services provided, accurately evaluate the performance of staff providing health services and address identified deficiencies.
3. Recreation and Social programs: continuously assess the quality and adequacy of social and recreational programming provided; accurately evaluate the performance of staff in providing these programs.
4. Environmental Health and Safety: continuously assess the quality and adequacy of environmental health and safety, accurately evaluate the performance of staff in providing a safe and healthy environment and properly address identified deficiencies.
5. Discipline and order: continuously monitor use of discipline and promptly address misuse or over use of discipline and other identified deficiencies.
6. The facility must continue to develop monthly performance measures to indicate achievement in the desired area.
7. Review State of Florida Quality Assurance Model and for assistance in developing contact CJCA Performance Based Standard for Juvenile Detention Programs, also use ACA standards to establish policy guidelines.

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Evidentiary Basis

8. Develop data collection system Document review, observation, interviews

6 Due Process/Isolation/Disciplinary Practices and Procedures

Provision 6.1 Disciplinary Practices and Procedures

Henley-Young shall implement a discipline policy and practice that incorporates positive behavior interventions and support. This policy shall include guidelines for imposing graduated sanctions for rule violations and positive incentives for good behavior.

Status

Non-Compliance

Discussion

Again, the status of this provision remains as non-compliance. The County still needs to develop a single reporting form to be used by all persons reporting on any single incident including witness reports. Second, the facility needs to train all staff members on how to write a report, what it should provide, and how it is to be developed; (the who, what, when, where and how of the incident). This is one of the places that language is extremely relevant. Reports should be written in first person with the writer only identifying themselves once. They should be reviewed by a supervisor for succinctness, accuracy and clarity. Additionally they should be edited by writer if needed before approved for submission. Third, the facility still needs to develop graduated sanctions, positive behavior interventions and support into their system. In my review of documents, I found no indications, that positive behavior interventions or incentives for behavior modifications were present (i.e. counseling, early bed, loss of privileges, mediations, etc.). Based on my review residents are being sanctioned to only days in isolation.

Therefore my statements below still stand.

This is a critical component of the disciplinary and behavioral management process to ensure residents are treated fair, humane and that there is no misuse of the isolation and disciplinary process (review the introduction regarding this matter). The facility is implementing a due process behavior system which is partially complete. Based on my review of the documents the facility has initiated due process hearings, however staff officers are not adequately trained and the residents are not aware of the infractions and consequences because that have not received proper orientation to the program. The bottom line is there is no adequate orientation for entering the facility. There is still no positive incentive program for good behavior and sanctions for rule violation. Based on my review of documents and observation, positive behavioral intervention and supports are not in place and are still not being provided for this provision. I reiterate, the suggested actions and recommendations from my previous report. The facility should

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Recommendations

continue to follow the recommendations from the previous report. The facility is making improvement on the due process isolation and practice procedures. Although processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and standardized method of running the facility.
1. Develop adequate policies and procedures for this provision. 2. Develop new resident handbook. Residents are to receive these
handbooks during orientation. a) They shall include resident’s rights, major and minor rule violations
and the grievance policy. b) The handbook will explain to residents in their own language the
rules and shall also be explained by staff that will have them sign and date a form indicating that both processes have occurred. c) These rules shall be posted on each unit. 3. Due process rules shall be posted on each unit. 4. Develop positive behavior intervention programs. 5. Assign and train an independent person(s) to handle due process isolation hearings. The person(s) must be independent of the unit staff. 6. Ensure residents who are in isolation are provided recreation and education services.

Evidentiary Basis Document review, observation, interviews

Provision 6.2 Disciplinary Practices and Procedures
Status Discussion

Residents who violate major rules may be subject to cell confinement for up to 24 hours for a single rule violation. An occasion in which a resident is alleged to have contemporaneously violated multiple major rule violations shall count as a single rule violation for the purposes of this section. No residents shall be confined to a cell for longer than 8 hours for a single rule violation without receiving written notification of the alleged rule violation and the occurrence of a disciplinary review/due process hearing before an impartial staff member, which includes participation by the accused residents. Under no circumstances shall residents be subjected to involuntary cell confinement for longer than 24 hours for disciplinary purposes. Residents who are placed on cell confinement shall be released daily from their cells to attend school, maintain appropriate personal hygiene, and to engage in one hour of large muscle exercise.
Non-Compliance
The status of this provision remains as non-compliance, therefore my statements below still stand.
Based on my review of documents and observation, adequate disciplinary practices and procedures are not in place and are still not being provided for
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this provision. I am reiterating that the suggested actions and recommendations from my previous report be put into action and restated in the introduction.

During this visit, I did find residents who were placed in their rooms based on a due process hearing. However, there was no documentation placed on their door to determine why the residents were in their rooms for any length of time. Staff appeared to be placing residents in their rooms randomly without any supervisory approval. This should be addressed as soon as possible.

Recommendations

As it relates to a due process hearing, residents that commit major rule violations should be referred for a due process hearing based on the incident reporting process. In one case I reviewed documentation where the hearing officer was the same person involved in the incident that led to the hearing. In that case the hearing officer should not be the same person conducting the hearing. When residents are accused of a major rule violation, they should be provided with a notice of the violation and an explanation of their right to have a hearing in which they are able to present their side of the event to an unbiased party, call witnesses on their behalf and ask for staff representation if it is requested. The hearing officer is required to interview the resident and any parties that observed the incident. Residents who require a due process hearing who are on the mental health caseload should have a qualified mental health professional determine whether being placed in isolation could cause a decline in functioning or any other relapse. The hearing officer may impose a variety of sanctions including the loss of privileges, restrictions, or isolation. The hearing officer may credit the resident for any time served in behavior management isolation pending the hearing. The residents have the right to appeal the decision of the hearing officer to the Director. My review of documents and interviews with staff and residents revealed the need for additional training to take place regarding this process. The staff and residents were unfamiliar on how the process works; therefore it is critical for the facility administration to review their policy and procedure on due process. It should also be noted that residents must see the process as fair.
1. Develop policies and procedures for this provision. 2. Develop sheets to place on door of any residents in confinement that
identifies the reason for confinement and is review and signed by supervisor. 3. Ensure residents in confinement receive education and recreation services. 4. See 6.1 recommendations. 5. Provide training for all staff on these policies and procedures.

Evidentiary Basis Document review, observation, interviews

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7. Use of Restraints

Provision 7.1 Use of Restraints Mechanical

Mechanical restraints shall not be used to punish residents or for the convenience of staff. Mechanical restraints shall only be used to prevent self-harm and/or harm to others, subject to section 7.4, and for transportation to and from court, subject to section 7.2.

Status

Beginning Compliance

Discussion

The status of this provision remains as beginning compliance. Even though the facility does have a policy and procedure as stated in my previous report (7th), based on my review of the documents and my observations during my visit to the facility, I have noticed a substantial increase in the usage of mechanical restraints from previous visits and document reviews. During this visit, I found that staff has returned to the practice of carrying mechanical restraints on their persons as stated in my previous report. This is an area that was discussed during my initial visits to the facility at which time handcuffs were taken from staff and deemed to be used only as a last resort. Therefore, I am reiterating that, when restraints are used, incident reports should accurately reflect what occurred as it relates to the incident. The administration should review what has happened that has caused staff to revert to carrying handcuffs, since this issue was addressed at the beginning of this process. Since this provision has been irregular throughout this process and appears to be off track again, the facility will remain at beginning compliance until my next review. It should be noted that well run facilities only use mechanical restraints for transportation or exigent circumstances which may arise at any facility under supervisory approval.

Recommendations

1. Officers shall receive training on policy and procedures. 2. Officers shall be trained on when it is appropriate to use mechanical
restraints. 3. All training shall be documented. 4. The policy will require the documentation of any use of mechanical
restraint and use of force incidents. 5. Restraint log should be implemented.

Evidentiary Basis Document review, observation

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Provision 7.2 Use of Restraints Mechanical
Status Discussion

Nothing in this section shall prohibit mechanical restraints from being placed on residents who are being transported to and from court or out of the facility, if staff have reason to believe that a residents presents a flight risk or is an imminent danger to the residents or others, or will engage in violent behavior. However, mechanical restraints should be removed immediately after the resident is placed in a cell and at no time shall a resident be placed in a cell wearing mechanical restraints.
Partial Compliance
The facility has moved to partial compliance on this provision. A review of documents and video recordings revealed that although mechanical restraints are used they were removed once a resident was placed in their cell. However, there still must be a major training on the use of deescalation techniques and a serious need for mental health services at Henley Young. There also must be adequate supervision of staff to ensure mechanical restraints are not misused. See provision 7.1.

Recommendations

1. Develop and provide remedial training for this provision. 2. All training shall continue to be documented. 3. The policy will require the documentation of any use of
mechanical restraint and use of force incidents. 4. Operationalize the edicts of this provision. 5. Additional supervision needed to ensure mechanical restraints are
not misused.

Evidentiary Basis Document review, observation, video recordings and discussion with residents

Provision 7.3 Use of Restraints Status Discussion
Recommendations

Restraints shall not be used to secure residents to a fixed object such as a restraint chair, bed, post, or chair.
Partial Compliance
The facility has remained at partial compliance on this provision. During my interviews with residents, document reviews and observations, I found no indication that residents were being secured to fixed objects in the facility. However, to move past partial compliance the facility still needs to follow the recommendations (2, 3 and 4) below.
1. Complete the comprehensive policies and procedures for this provision.
2. Provide training for staff within the facility as described above on this provision and provide documentation of training.
3. Develop and use a mechanical restraint log. 4. Provide training on de-escalation techniques to try to use mechanical
restraints only as a regular part of facility transport.

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Evidentiary Basis

5. Additional supervision needed to ensure mechanical restraints are not misused.
Interviews, observation and document review

Provision 7.4 Use of Restraints Status Discussion
Recommendations

No residents shall be restrained for longer than 15 minutes, unless restraints are approved by a mental health professional or if determined to be necessary under section 7.2 or as reasonably necessary to prevent the residents from engaging in acts of self-harm or harm to others. If a residents must be restrained for longer than 15 minutes in order to prevent self-harm, that residents shall, as quickly as possible, be evaluated by a mental health professional or transported to a mental health facility.
Beginning Compliance
The status of this provision remains as beginning compliance; again, as stated in my previous report, policies and procedures have been developed as it relates to this provision. However, the facility still needs adequate mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area. This provision should be included in policy and procedure development once a mental health professional or agency is retained. (Please review the Introduction.) See provision 7.1.
1. Continue to develop comprehensive policy and procedures for this provision with mental health professionals.
2. Provide training for staff on policy and procedures and document training.
3. Provide training on de-escalation techniques. 4. Develop Mental Health protocols for this provision. 5. Hire mental health professional or agency.

Evidentiary Basis Document review

Provision 7.5 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not use, or allow on the premises, restraint chairs, chemical restraints and/or tasers.
Substantial Compliance
I would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision. The facility should still ensure that below recommendations continues to be followed.
1. Ensure staff is following policies and procedures as it relates to this provision.

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Evidentiary Basis

2. Document all training provided to all staff. 3. Ensure firearms and tasers are secured in a lockbox prior to entering
secured area. 4. Retrain staff when deemed necessary.
Document review, observation, video

Provision 7.6 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not subject residents to “hogtying,” which is the practice of placing a resident’s face down on a bed, floor, or other surface, and securing the resident’s hands to his feet.
Substantial Compliance
I would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision. The facility should still ensure that below recommendations continues to be followed.
1. Provide on-going training for staff on policies and procedures. 2. Continue to document all training provided to all staff.

Evidentiary Basis Observation, document review and interviews

Provision 7.7 Use of Restraints
Status Discussion

When a resident is placed in mechanical restraints, staff must provide oneon-one supervision for the duration of the restraint, except when mechanical restraints are deemed to be necessary for the reasons specified in section 7.2.
Partial Compliance
The status of this provision remains as partial compliance. Based on my review of documents, I found several incidents where residents were placed in mechanical restraints and there was no one-on-one supervision. In addition staff continues to carry restraints on their person. This in turn sends a message to residents that the first response to a situation will be the application of mechanical restraints. As stated in my previous report (7th) it also reduces the staff’s willingness to use other de-escalation techniques. Just the visual impact of mechanical restraints can trigger residents’ behavior (i.e. aggressiveness, physical acting out etc.)

Recommendations

In my review of documents, although incidents of mechanical restraints use has minimally decreased, the facility still must provide staff with training on de-escalation techniques as discussed above.
1. Provide on-going training for staff on policies and procedures. 2. Continue to document all training provided to all staff.

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Evidentiary Basis

3. Ensure that residents who are placed in mechanical restraints are seen by a medical professional.
4. Restraint log should be implemented 5. Additional supervision needed to ensure mechanical restraints are
not misused.
Document review

Provision 7.8 Use of Restraints Status Discussion
Recommendations

Henley-Young shall notify a medical professional whenever a resident is placed in mechanical restraints for reasons other than those specified in section 7.2. A medical professional shall examine the residents as soon as possible after restraints are removed, except when the residents was restrained for the reasons specified in section 7.2.
Beginning Compliance
The status of this provision remains as beginning compliance. My review of documents reveals that youths are being seen by medical professionals after the use of mechanical restraints. However, based on my observations and review of documents, I am reiterating that although policies and procedures are developed, there must be adequate training and instruction to ensure that staff complies with policies and procedures. In addition, incident reports must be reviewed by the supervisors to ensure that accurate information is being provided. There is a strong need for accurate and consistent reporting of incidents. When incidents are not reported correctly, the integrity of the reporting system falls into question. This is also a training issue, see provision 7.7. As I have stated previously in my reports there must be a single matching reporting system used by all facility staff including the school. Based on my review, the school uses a different reporting system than the facility. This must be addressed to ensure consistency in the process.
1. Develop comprehensive policies and procedures for this provision.(Executed)
2. Provide training on policies and procedures. 3. Document all training provided to all staff. 4. Ensure that residents who are placed in mechanical restraints are
seen by a medical professional. 5. Ensure that information being reported is accurate and consistent. 6. A single matching reporting system for the entire facility.

Evidentiary Basis Document review

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Provision 7.9 Use of Restraints Status Discussion
Recommendations

Hinds County does not currently and shall not in the future allow officers to enter the secure detention area of the facility with any electronic restraints, including, but not limited to tasers.
Substantial Compliance
The facility has remained at substantial compliance on this provision based on my most recent visit and my observations and review of documents. The facility should still ensure that below recommendations continues to be followed.
1. Provide training for staff on policy. 2. Document all training provided to all staff.

Evidentiary Basis Document review

Provision 7.10 Use of Restraints Status Discussion
Recommendations

Henley-Young is required to ensure that no officer enters the secure detention area of the facility with a firearm.
Substantial Compliance
I would like to continue to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision. The facility should still ensure that below recommendations continues to be followed. Also see provision 7.9 as it relates to tasers. I would also reiterate under NO circumstances will any staff, anyone connected to the facility, and law enforcement etc. shall have firearms on the premises especially in secure areas. All weapons must be secured in appropriate locked areas of the building.
1. Provide on-going training for staff on these policies and procedures. 2. Continue to document all training provided to all staff. 3. Have signs displayed at all entrances for securing firearms and
tasers. 4. Staff needs to remain vigilant in ensuring this provision is followed
and ensure that all persons entering the facility are screened and no firearms on their person entering a secured area of the building.

Evidentiary Basis Document review, Observation

8. Use of Force

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Provision 8.1 Use of Force
Status Discussion

Physical force shall not be used to punish residents. Staff shall only use physical force to stop residents from causing serious physical injury to self or others or to prevent an escape. If physical force is necessary, staff must use the minimum amount required to safely contain the residents. Whenever possible, staff shall avoid the use of force by first attempting verbal deescalation techniques. Staff shall be required to fully document in writing every instance of use of force.
Non-Compliance
The status of this provision remains as non-compliance. The facility still needs to develop policies and procedures for this provision. Based on my review of documents, I found very little de-escalation used and/or documented in incident reports. Due to the lack of structured programming, inadequate mental health services, behavioral modification (level or token economy systems) the use of force appears to be escalating. In reviewing documents and video recordings, staff are still making decisions regarding use of force based on instinct and without proper or procedural training.

Therefore my statements below still stand.
Based on my review of documents, the facility still needs to develop policies and procedures for this provision. In my review of incident reports, I found that there have been incidents of use of force. However I found no indication that any de-escalation techniques were used. Although officers are doing reports, they are not accurately recording information. When officers are captioning information, it should be truthful, accurate and detailed enough so they can testify on their observations two years from now if needed. It still appears from reviewing documents that report writing training is needed. Also there is a major need for de-escalation and proper restraint training and accurate documentation of incidents. In addition, reports must be legible, in plain English, and specific behavioral terms should be used.

Regardless of how accurate and useful an observation may be, it has no value to others unless it is recorded legibly. Police and other juvenile detention facilities have addressed the legibility problem by typing their reports. Most agencies are completely computerized, and some are experimenting with laptop computers. Computerized records may eliminate legibility problems for this facility. Some reports are still written in flowing script (cursive) and on various forms. There should be one facility wide form used to capture information. This has been stated in my previous reports. In addition, there is a major need for data collection as it relates to use of force. This was also stated in my previous reports. There is a need for good data point keeping regarding, medical and mental health, education, social services and all other operational services provided to the resident.

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Recommendations

Good data will assist the facility in determining answers to some of the following examples:
A. The location of use of force B. The number of use of force incidents C. The number of use of force requiring mechanical restraints D. The type of restraint used E. Grievances F. The number of incidents requiring chemical agents G. The number of incidents involving non lethal security devices
(i.e. batons, tasers, etc.) H. The number of use of force incidents resulting in injury to
residents or staff I. Plan of action to address each incident (i.e. disciplinary action,
staff training or remedial training, resident’s isolation, resident’s behavior management, resident’s mental health screening or evaluation etc.) Please review my previous report. These same issues should be addressed.
1. Develop policy and procedures for this provision. 2. Provide training for on policies and procedures 3. Document all training provided to all staff. 4. Adapt an appropriate curriculum for training staff on the use of
verbal de-escalation skill and safe use of physical restraints or mechanical restraints. 5. Revise form to distinguish between physical and mechanical restraints. 6. Contact the National Partnership for Juvenile Justice for recommendations on training program in this area. 7. Document and file report when there is use of force. 8. Ensure any time use of force is used residents are seen by a medical professional 9. Follow the facility’s chain of command which will reduce staff confusion.

Evidentiary Basis Document review, interviews

Provision 8.2 Use of Force
Status Discussion

Henley-Young shall notify a medical professional, including but not limited to the licensed practical nurse on duty whenever physical force is used against a resident. A medical professional shall examine a resident immediately after the use of physical force.
Partial Compliance
The facility has remained at partial compliance on this provision based on my review of documents, interviews with residents and observations. However, additional medical protocols still need to be developed for the medical area. There is still nursing services available from 6:00 a.m. to 8:00

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p.m. Monday through Friday and Saturday and Sunday for a minimum of four hours.

Recommendations

1. Complete procurement of services as quickly as possible. 2. Continue to develop comprehensive policies and procedures for
this provision. 3. Provide on-going training to staff on policies and procedures. 4. Continue to document all training provided to all staff. 5. Review nursing schedule and provide more hours at facility. 6. Provide written documentation of examination of residents by
medical professional in every instance. 7. Provide additional medical services after hours and on
weekends. (executed) 8. Document and file in resident’s records when there is use of
force.

Evidentiary Basis Document review, interviews, observation

9. Meals and Nutrition

Provision 9.1 Meals and Nutrition

Residents shall be provided three meals and a snack daily. If a residents misses a meal because he or she is attending court, or some other appointment, he or she shall receive the missed meal upon his or her return to detention.

Status

Partial Compliance

Discussion

The status of this provision remains as partial compliance.

It should be noted that during this visit food is being prepared at the facility and served in a more timely manner. However, residents still complain about the portions they are receiving and the presentation (see Exhibit E). In addition of the food service area there is a need for maintenance, repair and cleanliness.

As stated in my previous reports, food service is an important part of institutional life. A comprehensive food service program must be developed if the facility is to meet the unique needs of its juvenile population. Juvenile health, nutrition, and morale in this environment are all directly related to the effectiveness of the food service program. Meals served to incarcerated juveniles must be nutritionally balanced and calorically adequate. They must be tasty, appealing, and served in an aesthetically acceptable manner to avoid conduct and behavior problems. If juveniles believe the facility’s staff and management have maximized their efforts to provide a healthy and appealing food program, conduct can and will improve.

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Juveniles typically have less than desirable eating habits. Nutritional guidelines for juveniles are extrapolations from the recommendations for children and adults. Recommended dietary allowances relate to the general time and rate of the juvenile’s growth spurt is very important. Therefore I am recommending a meal pattern that provides nutritionally balanced meals with food items selected from various food components listed below:
 Breads, cereal, and other grain products (including several servings a day of whole-grain products)
 Fruit  Vegetables (includes all types with dark green leafy vegetables
and dry beans and peas used several times per week)  Meat, poultry, fish and alternatives (5 to 7 ounces, lean per
serving)  Milk, cheese, yogurt, etc.  Fats and sweets (at a minimum)

Recommendations

The meals I observed did not meet the above mentioned meal patterns. There has been a decline in food service at Henley-Young.
1. Continue to review portions to ensure residents receive enough food during meals.
2. Develop policy and procedures for this provision.(executed) 3. Continue to provide training for kitchen staff and all other staff
members involved with handling food and preparing meals. 4. Continue to document compliance with this provision. 5. Food should be served in a timely manner and consistent with
facility schedule once developed. 6. Review the National Food Service Management Institute from the
University of Mississippi that details “Food Safety Facts”. 7. Food service area is in need for maintenance, repair and cleanliness.

Evidentiary Basis Document review, observation, interviews

Provision 9.2 Meals and Nutrition Status
Discussion

All meals and snacks served to residents at Henley-Young shall, at a minimum, comply with the nutrition guidelines set forth in the United States Department of Agriculture’s School Meals Program standards.
Beginning Compliance The status of this provision remains as beginning compliance. As stated provision 9.1 and in my introduction, residents continue to complain that they are not receiving enough to eat and that the food is still cold when it arrives on the units. Therefore my statements below still stand.
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It should be noted that I have not seen any training records or had the opportunity to meet with the nutritionist. The nutritionist should be made available upon my next visit.

Recommendations

1. Develop policy and procedures for this provision(executed) 2. Provide training for kitchen staff and all other staff members involved
with handling food and preparing meals.

Evidentiary Basis Document review, observation, interviews

Provision 9.3 Meals and Nutrition Status
Discussion

Residents shall be provided access to drinking water throughout the day.
Substantial Compliance
The facility has moved to substantial compliance on this provision. Based on my discussion with residents, documentation review, observations, and interviews the facility has been providing water during the day. Although the facility has moved to substantial compliance in this provision the recommendations below that the County should repair the water fountains should continue. This would allow the facility to discard the use of water coolers. Therefore my below statements from my previous report (7th) should still be addressed.

Recommendations

1. Contact County or State Environmental office to conduct test on water system. (executed)
2. Ensure residents receive water during school and recreational periods and at night.
3. Develop a policy for incidents regarding water quality and procedures to address them.
4. Repair inoperable drinking fountains.

Evidentiary Basis Document review, observation, interviews

10. Clothing

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Provision 10 Clothing
Status Discussion

Henley-Young shall provide basic clothing items for residents at all times. These items must include, at a minimum, socks, underwear, uniform, shoes, and undershirts. For girls, these items must also include a brassiere. When appropriate, Henley-Young shall also provide residents with a coat, hat, and gloves. Residents must be provided with a clean uniform, socks, undershirt, underwear, and brassiere, if applicable, upon intake and at least once per day. No residents shall be deprived of these basic clothing items for any reason, including, but not limited to, as a punishment, because these items are being washed, or due to overcrowding.
Partial Compliance
The facility has remained in partial compliance on this provision. Based on my most recent review and observation, the facility has hired two laundry staff members that are doing a very good job cleaning the clothing. In my discussion with residents there were no complaints about stains, cleanliness, or clothes being tattered. The area I reviewed is more organized and functional. The staff I interviewed only required minimum technical assistance and were amenable to the recommendations I made regarding organizing certain items by size. The facility still needs to develop a system for replacing clothing on a regular and consistent basis. This is a far improvement from my last visit and upon my next visit; I will review this area for substantial compliance.

Recommendation

I am still recommending the facility to order non colored underwear and undergarments. This would allow the facility to sanitize the under clothing and sheets by using a more potent cleaner.
1. Check washer and dryer to ensure they are working properly. 2. Ensure that girls and boys are equally involved in cleaning and
folding clothes. 3. Hire 2 laundry staff to ensure clothing is handled properly.
(executed) 4. Ensure that all staff and residents wear protective material (smocks
and gloves) when handling chemicals and clothing. 5. Discard clothing that is torn, dingy and in poor condition. 6. Develop a system for replacing clothing on a regular and consistent
basis. 7. Develop schedule for distribution. 8. Develop a system for prewashing clothing (i.e. undergarments etc.)

Evidentiary Basis Document review, observation, interviews, photographs

11. Hygiene and Sanitation

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Provision 11.1 Hygiene and Sanitation
Status Discussion

Residents shall be provided with the means to maintain appropriate hygiene, including soap and shampoo for showers, which will occur at least once daily, soap for washing hands after each time the residents uses the toilet, and toothpaste and a toothbrush for tooth brushing, which will occur at least twice daily, a comb and brush, that if shared, shall be sterilized between uses by residents. Girls must be provided with panty liners on a daily basis and other feminine products as needed. Residents will be issued a comb and brush upon entering the facility; however, if residents are issued a recycled comb or brush or a comb or brush that has been used by another residents, Henley-Young shall ensure that the comb and brush is sterilized and in good condition.
Partial Compliance
The facility has remained at partial compliance on this provision. I will review this area for substantial compliance at my next visit. I would also recommend that a licensed barber and/or beautician be retained.

Recommendations

Based on my most recent review and observation, residents were receiving toothbrush, toothpaste and other hygiene products which were provided in individual hygiene kits. Residents still complained about not having combs to groom their hair.
1. Ensure that hygiene kits are properly labeled and residents are not sharing each other’s hygiene products or items.
2. Ensure items such as hair brushes, if shared, are sterilized and in good condition.
3. Provide training for staff on these policies and procedures. 4. Ensure that clean face towels are available for residents. 5. Develop a schedule for distribution of hygiene kits. 6. Retain a licensed barber and/or beautician.

Evidentiary Basis Document review, observation, interviews

Provision 11.2 Hygiene and Sanitation
Status
Discussion

Residents shall be provided with sleeping mats and blankets that are clean and odorless sleeping mats shall be sanitized between uses by residents, and residents shall receive clean blankets weekly.
Partial Compliance
The status of this provision remains as partial compliance. Based on my review of documents and observation, the facility needs to continue to ensure that mattresses and blankets are discarded properly. If this continues, during my next visit the facility should move to substantial compliance.

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Recommendations

Policies and procedures have been developed. The facility has provided training to ensure that the process outlined in the policies and procedures is followed. The facility needs to continue to monitor the condition of the blankets and mattresses for signs of holes and tattering The facility needs now to follow the recommendations below.
1. Continue to discard all blankets and mattresses that are tattered and have holes in them.
2. Clean and maintain laundry area in orderly fashion. 3. Develop forms or system of documentation for distribution and
inventory 4. Label and designate an area for towels, sheets, clothing etc.

Evidentiary Basis Document review, observation

Provision 11.3 Hygiene and Sanitation Status
Discussion

Under no circumstances shall residents be deprived of mats and blankets.
Substantial Compliance The facility has moved to substantial compliance. I found no indication that residents have been deprived of mats and blankets.

Recommendations

The facility administration needs to continue to be vigilant regarding staff adhering to the process outlined in the policy and procedures regarding the issuing and maintenance of mats and blankets.
1. Provide training to staff on policy and procedures. 2. Develop system for inventory and distribution

Evidence

Observation, and document review

Provision 11.4 Hygiene and Sanitation Status
Discussion

Henley-Young shall maintain a sufficient number of clean, sanitary mats and blankets that correspond with the facility’s maximum capacity.
Substantial Compliance
The facility remains at substantial compliance, as I found no indication based on my observation and documents review that residents were being denied of mattresses and blankets. There were enough blankets and mattresses. As stated in provision 11.3, the facility administration needs to continue to be vigilant regarding staff adhering to the process outlined in the policy and procedures regarding the issuing and maintenance of mats and blankets.

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Recommendations

1. Develop policies and procedures for this provision. (executed) 2. Provide training to staff on policy and procedure. 3. Provide an inventory of mats and blankets.

Evidentiary Basis Observation and document review

Provision 11.5 Hygiene and Sanitation
Status
Discussion

Residents shall be provided with a clean, sanitary environment.
Beginning Compliance
The status of this provision remains as beginning compliance. During this visit, I found that the facility continues to be in need of major physical plant maintenance; showers needed repair, toilets were filthy, blankets are being used in place of showers doors, soap scum was in all of the showers, the shower heads were leaking, there was mold in showers, the units smelled of urine and shower stalls were rusting. In addition, there were holes in several of the shower stall walls.

Therefore my statements below still stand.

Recommendations

Building maintenance is an ongoing and continuous process. Please review the introduction.
1. Develop policies and procedures for this provision. (executed) 2. See areas in discussion that should be addressed. 3. Develop housekeeping and cleaning schedule. 4. Develop checklist or inspection report for each unit and area of
building. 5. Develop work order system to ensure that when problem arise they
are addressed. 6. Develop corrective action plans as needed. 7. Provide training for staff on policy and procedures. 8. Ensure delivered food items are dated and rotated from old to new.

Evidentiary Basis Document review, observation, interviews

Provision 11.6 Hygiene and Sanitation
Status
Discussion

Hinds County shall ensure that Henley-Young complies with relevant law regarding fire safety, weather emergencies, sanitation practices, food safety, and the elimination and management of environmental toxins.
Beginning Compliance The status of this provision remains as beginning compliance.

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In my review of documents, I learned that the facility has had a fire inspection with violations. Even though a fire inspection was completed by Fire Marshall on 9/17/2014 and violations were found there is no indication that the violations were corrected and a re-inspection was done by the Fire Marshall. In addition, in my previous report I discussed the possibility of a fire in the facility and that the sprinkler system did not work in a resident’s room. In addition, during this review another resident attempted to set a mattress on fire (i.e. lighters coming into secured area). This is a serious safety issue which must be addressed immediately.
Additionally, the facility must have operational fire extinguishers available throughout the facility. I am reiterating there be internal monthly checks and maintenance annually and in the event when the fire extinguisher is used it must be replaced or recharged by a certified company. Again, the facility needs to have another full review of the fire and sprinkler system to ensure that all violations were corrected.
Again, with the above being said there are no indications that the sprinkler or fire systems are working adequately. As stated before the sprinkler system must comply with national fire protection standards. Again, although the facility has policies or procedures regarding fire safety it begs the question, “Has the facility been evaluated by a Fire Marshall that is licensed and certified by the State of Mississippi?”

Recommendations

1. Develop policies and procedures and plans for fire safety, evacuation etc. (executed)
2. Develop adequate staff training regarding fire safety. 3. Properly maintain and repair fire equipment. 4. Ensure intercom systems are operating properly. 5. Ensure all mattresses used by residents are fire resistant. 6. Routinely test all fire equipment and system. 7. Ensure that all electrical outlets, wires and equipment (lights) are
properly working. 8. Develop work order system to ensure items are repaired. 9. Ensure that all areas in this provision are addressed by a certified
professional. 10. Review entire fire safety program/system 11. Facility needs to develop corrective action plan.

Evidentiary Basis Document review, observation

Provision 11.7 Hygiene and Sanitation
Status

Residents shall be provided with clean drinking glasses and eating utensils. Partial Compliance
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Discussion Recommendations

The status of this provision remains as partial compliance. Based on review of documents and interviews with residents, I found no indication that drinking glasses and eating utensils were not cleaned. However, in my review of the kitchen, the kitchen equipment is in need of a major cleaning, (see Exhibit A-1 to A-4) as stated in my previous report (7th).
1. Develop policies and procedures for this provision. (executed) 2. Provide a thorough cleaning of the kitchen and all equipment and
Utensils

Evidentiary Basis Document review, observation and interviews

12. Medical Care

Provision 12.1 Medical Care

The parties agree, however, that henceforth, Henley-Young shall provide residents with adequate medical care, including: prompt screenings; a full physical exam within 72 hours after their detention hearing or disposition order, as applicable; access to medical professionals and/or prescription medications when needed; and prompt transportation to a local hospital in the case of a medical emergency. Hinds County is responsible for procuring and/or paying for all medications provided to residents.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance. Based on interviews and observations and document reviews, the County has hired two contract Registered Nurses who cover the facility from 6 a.m. to 8 p.m. Monday through Friday and for four hours on Saturdays and Sundays. However there is still a need for policies, procedures, or protocols in place for the facility. The County has the responsibility to maintain medical care and provide medication and all other needs for residents. On this provision, I am still reiterating that the actions and recommendations from my previous report should be reviewed and followed. The County must look at the medical filing system in place at this point and change it to meet contemporary medical standards. See additional discussion in the sections 1.2 and 1.3.

Recommendations

1. Develop policies, procedures and protocols for this provision. 2. Develop policies and procedures and protocols based on standards
for Health Services in Juvenile Detention and Confinement facilities. 3. Provide training for staff members who administer medication to residents on proper usage and possible side effects. Also, train the staff on emergency protocols if side effects occur.

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4. Have a licensed medical professional review and sign off on policy, procedures and protocols.
5. Have a licensed health professional periodically review and provide supervision to the nurse at facility.
6. Develop forms to coincide with provision. 7. Remove medication from bags and place them in secure, organized
areas and develop forms to determine what medications are present in the facility at all times. 8. Hire or have on contract a physician to review medical area. 9. Ensure that residents receive vision exams, dental screenings, mental health screenings, hearing tests, etc. 10. Order folders with 2 dividers, end tab, classification folders in letter size with 2 prongs for medical charts.
Document review, observation, interviews

Provision 12.2 Medical Care Status Discussion
Recommendations

Henley-Young shall ensure that a medical professional is available to examine residents confined at the facility to identify and treat medical needs, when necessary.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, the provision states, “Henley-Young shall ensure that a medical professional is available to examine residents confined at the facility to identify and treat medical needs, when necessary”, is not in place and is still not being provided for this provision. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. (See the Introduction.)
1. Hire qualified medical professional for nights and weekend care. 2. Develop policies, procedures and protocols for this provision. 3. Provide training for staff on this provision.

Evidentiary Basis Document review, observation, interviews

Provision 12.3 Medical Care
Status

Henley-Young shall implement its sick call policy and practice which ensures that confined residents who request non-emergency medical attention are examined by a medical professional within 24 hours of a residents placing him or herself on sick call, excepting weekends and holidays.
Non-Compliance

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Discussion

The status of this provision remains as non-compliance based on my interviews, documents review and observation.

Therefore my below statements still stand.

Recommendations

Although the facility has 14 hour nursing service daily during the week and four hours on Saturday and Sunday there is still no policy, procedures and protocols as to how sick-calls should be administered to residents. The facility must develop the processes, and practices for this provision. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see the Introduction).
1. Develop policies, procedures and protocols for this provision. 2. Place a kite box on each unit. 3. Provide training for staff on this provision. 4. Nurse or designated person, making daily rounds to retrieve kites
(Request for Medical Service Forms).

Evidentiary Basis Document review, observation, interviews

Provision 12.4 Medical Care Status
Discussion

Prescription medications shall only be distributed by licensed medical staff or Henley-Young staff who has been trained by licensed medical personnel.
Non-Compliance
The status of this provision remains as non-compliance based on my interviews, document review and observation.

Therefore my statements below still stand.

Recommendations

The facility has two registered nurses who are licensed to distribute medications to the residents. The problem is that the facility has no policies, procedures or protocols in place to direct this distribution. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see the Introduction).
1. Develop policies, procedures and protocols to address this provision. 2. These policies, procedures and protocols must include the
appointment of a medication administration protocol. 3. There must be a medication record of all medicines administered.
a. One record to reflect all medicines leaving the pharmacy; b. An additional record kept in each resident’s case file. 4. Ensure that the training is comprehensive make certain that all

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medical contingencies are considered. 5. The staff should be trained on what side effects to look for drugs
commonly prescribed to residents with mental health needs. 6. Provide training to staff on the policy, procedures and protocols for
this provision. 7. All training should be documented and conducted annually.
Document review, observation, interviews

Provision 12.5 Medical Care Status
Discussion

Medical and mental health services shall be provided in a manner that ensures the confidentiality of resident’s health information.
Non-Compliance
The status of this provision remains as non-compliance based on my interviews, document review and observation.

Therefore my statements below still stand.

Recommendations

The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see the Introduction).
1. Develop policies, procedures and protocols to address this provision. 2. Get HIPAA requirements and institute them the facility. 3. Designate the persons who have access to the resident’s medical
records within the facility and outside of the facility, but within the juvenile justice system. 4. Provide training to staff on policies, procedures and protocols. 5. Provide training to staff on HIPAA requirements, and document training. 6. Designate a HIPPA Privacy Officer.

Evidentiary Basis Document review, observation, interviews

Provision 12.6 Medical Care
Status
Discussion

Henley-Young shall develop procedures for monitoring residents who require individualized attention because of medical issues that do not involve requiring the residents to sleep on a mat in the visitation room. Non-Compliance The status of this provision remains as non-compliance based on my interviews, document review and observation.
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Recommendations

The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see the Introduction).
1. Develop policies, procedures and protocols to address this provision. 2. Develop processes of continuous monitoring residents with stable
medical issues, i.e. the care for diabetic residents who are on an insulin regiment.
a. What are the medical requirements of the residents who need monitoring?
b. Who is responsible for the monitoring? c. How are the records kept of the monitoring? 3. Provide training to staff on the policies, procedures and protocols for this provision. 4. Annual competency training.

Evidentiary Basis Document review, observation and interviews

13. Mental Health Care

Provision 13.1 Mental Health Care

Henley-Young’s contractor, Hinds Behavioral Health Services, shall provide adequate mental health services to all confined residents with a mental health diagnosis or serious mental health need, as indicated by the MAYSI-2. This shall include, but is not limited to, the provision of individual and group counseling sessions upon the request of a residents or the resident’s parent/guardian, access to a mental health professional at the detention center, and the distribution and medical monitoring of psychotropic medications by a medical professional.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. The only changes to this provision, is the residents’ names have changed. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. It is without question that there are residents entering this facility that need access to structured mental health services (i.e. resident S.T.–several suicide attempts, resident J.N. (suicidal behavior), resident J.C. (attempted suicide) and Resident L.T. – several suicide attempts). See provision 1.2. There are still inadequate mental health services at this facility. Generally accepted professional standards require that mental health counseling be provided frequently and consistently enough to provide meaningful intervention for residents. Although residents may be seen by Hinds

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Behavioral Health Services, there is no documentation that indicates the needs of the residents or any planned strategies for the residents once they return to the facility. The Henley-Young mental health counseling is inadequate to the needs of mentally ill residents in both frequency and content. My review of records reveals no evidence of any counseling or use of any treatment plans or strategies. It should be noted that treatment planning, including identifying symptoms and behaviors is a critical part of effective treatment for residents with mental health illness or problems. An effective program should communicate treatment plans for mentally ill residents to all staff involved in the management of the residents in this detention facility and services should be coordinated prior to their implementation. Although some residents who are in need of mental health services are in the 89-day program and are assigned case managers, these individuals have no mental health training and they serve primarily as liaisons between the facility and the courts rather than focusing on coordinating care at the facility for mentally ill residents.
1. Ensure that the facility has a Standardized Assessment Tool i.e. the MAYSI-2 to use during the intake process.
2. Develop policies and procedures to address this provision. 3. Provide training to staff on policies and procedures and provide
documentation of training. 4. Develop documentation that will track resident’s progress during
their stay at facility. 5. Ensure there is communication between Hines Behavioral Health
Services, Juvenile Court Case Managers and Facility Staff on residents receiving mental health services.

Evidentiary Basis Document review, observation, interviews

Provision 13.2 Mental Health Care Status Discussion
Recommendations

Residents who are confined for longer than thirty (30) continuous days and who are prescribed psychotropic medications, shall be evaluated by a psychiatrist every thirty (30) days. Such evaluations may be performed by and through employees of Hinds Behavioral Health.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. Please review the Introduction.
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures.

Evidentiary Basis Document review, observation, interviews

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Provision 13.3 Mental Health Care
Status Discussion
Recommendations

Within 72 hours of a resident’s admission to the facility, staff shall develop individual mental health treatment plans for residents who are under the care of a mental health provider. Treatment plans shall emphasize continuity of care and shall ensure that whenever possible, residents are transported to appointments with their regular mental health provider, whether the appointments are standing or made after the resident’s initial detention.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. Please review the Introduction.
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures. 3. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation, interviews

Provision 13.4 Mental Health Care
Status

Henley-Young shall develop and implement policies and procedures for referring residents in need of psychiatric services to a licensed psychiatrist for a timely mental health evaluation. Such services may be provided by and through employees of Hinds Behavioral Health.
Non-Compliance

Discussion Recommendations

The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. Please review the Introduction.
1. Develop policies and procedures to address this provision. 2. Provide and document training to staff on policies and procedures.

Evidentiary Basis Document review, observation, interviews

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Provision 13.5 Mental Health Care
Status Discussion
Recommendations

Hinds County shall employ or contract for sufficient psychiatric services to permit a psychiatrist to fulfill the following functions:
a. conduct needed psychiatric evaluations prior to placing residents on psychotropic medications;
b. Monitor, as appropriate, the efficacy and side effects of psychotropic medications;
c. Participate in treatment team meetings for residents under the psychiatrist’s care;
d. Provide individual counseling and psychotherapy when needed; e. Evaluate and treat in a timely manner all residents referred as
possibly being in need of psychiatric services; and f. Provide adequate documentation of treatment. g. All evaluations and services outlined above may be performed
and/or provided by and through employees of Hinds Behavioral Health or any other duly qualified Mental Health agency.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. Please review the Introduction.
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policy and procedures and document
training.

Evidentiary Basis Document review, observation

Provision 13.6 Mental Health Care Status Discussion
Recommendations

The psychiatrist and/or counselors shall review, if necessary, incident reports, disciplinary reports, suicide watch logs, and lockdown logs of residents under their care to determine whether their treatment is working and, if not, how it should be modified.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. Please review the Introduction.
1. The mental health of the residents in the custody of the facility needs to be closely monitored at all times.
2. The facility needs to develop policies and procedures to address this provision.
3. Provide and document training to staff on policies and procedures

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and document training. 4. Facility needs documentation from a mental health organization on
plan of action for residents receiving a mental health services.
Document review, observation

14. Suicide Prevention

Provision 14.1 Suicide Prevention

Henley-Young shall develop a multi-tiered suicide prevention policy that has at least three stages of suicide watch. Suicide watch shall not be used as punishment. The “suicide cell” shall be reserved for residents for whom the “suicide cell” is deemed necessary in conjunction with this suicide prevention policy.

Status

Beginning Compliance

Discussion

The status of this provision remains as beginning compliance. The facility has developed policy and procedures for this provision. Now the facility must develop training programs to ensure that staff learn and adhere to the policy and procedures. Further, staff must become familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program. Please review the Introduction.

Recommendations

1. Develop policies and procedures to address this provision. (executed)
2. Provide and document training for staff on policy and procedure. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program.

Evidentiary Basis Document review, observation

Provision 14.2 Suicide Prevention
Status Discussion

Any residents placed on the highest level of suicide watch shall be evaluated by a mental health professional, ideally within 12 hours, but in no case longer than 24 hours of his or her placement on suicide watch. If a resident on the highest level of suicide watch is not evaluated by a mental health professional within 24 hours, the residents shall immediately be transported to a local mental health facility or emergency room for evaluation and/or treatment.
Beginning Compliance
The status of this provision remains as beginning compliance. The facility has developed policy and procedures for this provision. Now, there must be training programs developed to ensure that staff members adhere to the policy and procedures and that they are familiar with the process. Once the

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facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program. Please review the Introduction.
1. Develop policies and procedures to address this provision. (Executed)
2. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.
3. Provide training for staff on policies and procedures and document training.
4. Identify a mental health agency to help develop policies, procedures and protocols.
5. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program.

Evidentiary Basis Document review, observation

Provision 14.3 Suicide Prevention Status Discussion
Recommendations

Residents on suicide watch shall participate in recreation, school, and any other structured programming. Residents shall not be required to wear a “suicide gown” unless locked in a cell. Staff shall closely monitor residents on suicide watch, which includes logging activities every 15 minutes.
Beginning Compliance
The status of this provision remains as beginning compliance. A training program still needs to be developed to ensure that staff members adhere to the policy and procedures and that they are familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program. Please review the Introduction.
1. Develop policies and procedures to address this provision with the assistance of a mental professional. (executed)
2. Provide and document training for staff on policies and procedures. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program. 4. The facility needs mental health professionals to help and enhance
the development of these policies and procedures as they are the authorities in this area.

Evidentiary Basis Document review, observation

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Provision 14.4 Suicide Prevention Status Discussion
Recommendations

When a resident is placed on any level of suicide watch, a report shall be made within 24 hours to the resident’s court, as well as to the resident’s guardian, and his or her defense attorney.
Beginning Compliance
The status of this provision remains as beginning compliance. A training program still needs to be developed to ensure that staff members adhere to the policy and procedures and that they are familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program. Please review the Introduction.
1. Develop policies and procedures for making and distributing the reports in this provision. (executed)
2. Provide training for staff on policies and procedures and document training.
3. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program
4. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.

Evidentiary Basis Document review, observation

15. Family Support and Interaction

Provision 15.1 Family Support and Interaction

Visitation shall not be restricted or withheld from residents unless the detention center director determines that a visit will violate the security of Henley-Young or will endanger the safety of residents, visitors, or staff. Visitation should not be restricted as a form of punishment.

Status

Substantial Compliance

Discussion

The status of this provision has moved to substantial compliance. During this visit I found that visitation was still being conducted in the multipurpose room. As stated in my previous report, the facility must ensure that there is proper staffing available to provide for the visitation process to maintain reliability in it. Please review the staffing section of the Introduction.

Recommendations

1. Provide and document training for staff on policies and procedures. (executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability.

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Provision 15.2 Family Support and Interaction Status Discussion
Recommendations

Within 90 days of the effective date of this Settlement Agreement, HenleyYoung shall provide accommodations that allow residents to have contact visits with their families.
Substantial Compliance
The facility remains at substantial compliance. Based on my most recent visit. I found that the facility continues to allow contact visits. The facility should continue to ensure that proper staffing is available to make certain that this continues. The visitation program should be incorporated into the overall facility program that will help with providing a better structure. Please review the Introduction.
1. Develop policies and procedures to address this provision. (executed)
2. Identify area where contact visitation will take place. 3. Provide and document training for staff on policies and procedures. 4. Ensure that there is proper staffing availability to maintain
reliability. 5. Ensure that visitation program is included in the overall facility
program.

Evidentiary Basis Document review, observation and interviews

Provision 15.3 Family Support and Interaction
Status Discussion
Recommendations

Visitation shall be regularly scheduled at least three times per week, which shall include evening and/or weekend visitation times in order to encourage family visitation. Henley-Young shall permit the minor siblings of confined residents to participate in visitation, as long as the minors’ parent or guardian is present during the visit and the siblings are not harmful to the residents who are detained at Henley-Young. Henley-Young shall also permit a confined resident’s own child (ren) to participate in visitation
Substantial Compliance
The facility remains at substantial compliance on this provision. The facility must continue to follow the recommendations below.
1. Develop policies and procedures and practices to address this provision. (executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability. 4. Ensure that visitation program is included in the overall facility
program.

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Provision 15.4 Family Support and Interaction Status Discussion
Recommendations

Residents may receive phone calls from their attorneys. At the discretion of the Director or assignee, in emergency situations, residents may receive phone calls from parents, primary caretakers, or legal guardians. Emergency phone calls and phone calls from attorneys should not be restricted as a form of punishment.
Partial Compliance
The facility remains at partial compliance on this provision based on my most recent visit and document review. However, there is still no indication that residents are allowed to mail letters as part of access to supportive relationships that residents have with families and others in the community. This (mail) is a major part of the rehabilitative process. Staff now needs to be trained on policies and procedures and the facility should ensure that policy and procedures are being followed.
1. Develop policies and procedures and practices to address this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability. 4. Ensure that residents are allowed to mail letters.(County will pay for
postage)

Evidentiary Basis Document review, observation and interviews

16. Miscellaneous Provisions

Provision 16.1 Miscellaneous Provisions

Male and female residents shall be provided with equal access to educational and rehabilitative services, medical care, and indoor and outdoor recreation.

Status

Beginning Compliance

Discussion

The status of this provision remains as beginning compliance. During my most recent visit, the basketball courts have been resurfaced and repaired. In addition, according to the female residents I interviewed, they rarely participate in outside activities and, when they do, it consists mostly of sitting on the bleachers because the male residents were using the basketball court and they are not allowed on the court while the males were outside using it. However, there were still no schedules posted or documents showing equal programming for male and female residents.

Recommendations

1. Develop policies and procedures and practices for this provision. (Executed)

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2. Cease in the designation of female residents as being solely responsible for laundry; this is a duty male residents can perform as well as females. (executed)
3. Develop monthly recreational schedules. 4. Develop comprehensive facility schedules. 5. Provide training for staff on policies and procedures and document
training. 6. Ensure that there is proper staffing availability to maintain
reliability. 7. Repair court and goal area. 8. Posting of schedule on units.
Document review, observation, interviews

Provision 16.2 Miscellaneous Provisions Status Discussion
Recommendations

The parties agree, however, that henceforth: All residents shall have the opportunity to engage in at least one hour of large muscle exercise a day.
Non-Compliance
The status of this provision remains as non-compliance. Based on my most recent review of documents, interviews with the residents and observation, residents are still not engaging in 1 hour of large muscle exercise daily. As stated previously, residents are placed in their rooms when there is not enough staff available. In addition, on the weekends, residents are still only allowed out when there is enough staff available. There still is no schedule of recreational or program activities, and when residents were allowed out, it was random with no schedule being followed. This should be rectified once the new staff are hired and trained. There must be a schedule in place and adhered to which will ensure that residents are receiving the required time out of their units and rooms and that structured activities are available, unless a resident has been placed on behavior management or isolation. However, even residents who are placed in a behavior management program must be allowed the required time out of the unit and room for recreational and large muscle exercise.
1. Develop policies and procedures and implement practices to address the needs of this provision.
2. Develop and implement programming and recreational schedules. 3. Provide and document training for staff on policies and procedures. 4. Ensure that there is proper staffing availability so that residents are
not unnecessarily “locked” in their cells.

Evidentiary Basis Document review, observation, interviews

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Provision 16.3 Miscellaneous Provisions Status Discussion
Recommendations

Henley-Young shall implement a policy which prohibits staff from insulting residents or calling them names, and using profanity in the presence of residents
Beginning Compliance
The status of this provision remains as beginning compliance. This provision applies to all persons moving throughout the facility and does not exempt administrators, courts or outside professionals from adhering to this provision. Based on my recent document review, video and audio review (see the Introduction), I must reiterate no person is exempt.
1. Develop policies and procedures and practices to address the needs of this provision. (Executed)
2. Provide training to staff in the proper de-escalation techniques of residents.
3. Administration must provide enough supervision to reduce or eliminate insulting behavior by staff.
4. Discipline and retrain staff as needed. 5. Provide training for staff on policies and procedures and document
training. 6. Hire an independent person to investigate allegations of abuse or
complaints regarding staff by residents. (Executed)

Evidentiary Basis Document review, observation and interviews

Provision 16.4 Miscellaneous Provisions
Status
Discussion

Henley-Young shall implement an adequate grievance policy that is accessible to all residents regardless of literacy levels, and that provides residents with the opportunity to appeal facility level determinations. Residents shall obtain the grievance forms from the school liaison.
Beginning Compliance
The status of this provision remains as beginning compliance. Based on my most recent review of documents and my interviews with residents, residents still do not have confidence in the grievance process. Most residents said they were not aware of the grievance process and some residents advised that they never file a grievance. As stated in my previous reports, the mark of a good grievance system is that residents do file grievances. Most juvenile facilities have a grievance system in place to allow residents to seek a resolution to problems that they may be having while at the facility. Typically, juveniles use the grievance system to attempt to resolve issues they may have with the application of facility rules, concerns about living conditions or food, problems with missing property, conflicts with other residents or staff, or seeking some sort of other assistance. All grievances should be tracked by the grievance coordinator to assure that a response is given. The nature, topic or
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presenting problem should be categorized and tabulated. The grievance coordinator should provide his/her supervisor, the facility director and other key staff, a summary grievance report each month. The report should include, at a minimum, the number of grievances filed, the living units from which the grievances were filed, the nature and final outcome of the grievances. A system should also be established to ensure that grievance resolutions are actually implemented. The grievance system should be viewed as an important tool for staff to communicate with the residents. The system should enhance the regular programming activities and not be viewed as an impediment. The administration should use cumulative data gathered from grievances as a tool to assist in monitoring what is going on within the institution. Such data can indicate where the program is functioning well and where there may be potential problems. In addition, in my review of some grievances, one resident filed a grievance then later retracted the grievance. As a part of the grievance process, there must be a component that allows the residents to retract his/her grievance without being coerced by staff. The facility must now make certain that staff is trained properly and that residents are made fully aware of the grievance process.
1. Place grievance boxes on each unit and school, residents should not be required to request a grievance form.
2. Provide training for staff on policies and procedures and document training.
3. Provide training for residents on policies and procedures and document training.
4. Ensure that residents are adequately familiarized with the grievance process during their orientation into the facility
5. Add a place on the Resident’s Grievance Resolution Report for a resident to request an appeal and place for the Director’s resolution.
6. Ensure Resident’s Grievance Resolution Reports are provided to the resident for their signature and their response to the outcome. If the resident disagrees with the resolution the resident has the right to appeal the decision to the director.
7. Any retractions of grievances should be done by residents and not by staff.

Evidentiary Basis Document review, observation, interviews

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Provision 16.5 Miscellaneous Provisions
Status Discussion
Recommendations

Hinds County denies that Henley-Young does not currently have an adequate policy whereby residents can request to see their attorney and/or Residents Court counselor. The parties agree, however, that henceforth: Henley-Young shall develop and implement an adequate policy that allows residents of all ages and literacy levels with the opportunity to request to see their attorney and/or Residents Court counselor. Residents shall obtain the form requesting a visit from his/her counselor from the school liaison. Henley-Young agrees to collaborate with the Plaintiffs to design and implement a comprehensive juvenile justice pre-service and in-service training program for detention center staff. Training shall include, but is not limited to, the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.
Beginning Compliance
The status of this provision remains as beginning compliance. Based on my most recent visit and review of documents, residents are still complaining that they have not had the opportunity to speak with their attorneys. Also, in my review of the records, there was no indication that attorneys had been visiting. However, court counselors were present in the facility and seeing the residents. Additionally, I found no forms for requesting visits from counselors, attorneys or school liaisons. And I found no training on the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration. Even though facility has developed a policy and procedures for this provision. (See the Introduction)
1. Develop policies and procedures and practices for this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Develop single form and system for incident reporting. 4. Develop system for receiving and mailing privileged and non
privileged mail for residents.

Evidentiary Basis Observation, interviews

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January 28, 2015
Conclusion This is my eighth official visit to the Henley-Young Juvenile Justice Facility. The facility continues to make gradual improvements and should continue moving in the direction it’s going. The hiring of a permanent leadership team is extremely important at this point. Also, the education, mental health and medical areas are still of major concern due to the lack of policies, procedures and protocols for those areas. As stated in my introduction, the County has increased funding for the facility and at this point once staff are hired, maintained and properly trained the facility would move much closer to compliance with more provisions. In addition, the County should follow the recommendations based on the technical assistance report that was provided on November 19, 2014. The County should also hire effective leadership and follow the resolution the County enacted by the Board of Supervisors. With enacting the above mentioned recommendations, the County will be able to reduce the number of direct care staff and the budget that was allocated could be sufficient. It should be noted that five provisions have moved to substantial compliance, the facility continues to move in the right direction. Again, as stated in previous reports the juvenile court, the facility, administration, the school and the Hinds County Board must work together to ensure that the political aspects do interfere with the operational needs of the facility. Again, it is commendable that eight (8) additional provisions have moved forward (see introduction). I would like to again thank the Hinds County Board, the County’s Attorneys Anthony Simon and Pieter Teeuwissen, County Administrator Carmen Davis, and the facility Acting Director Frank Bluntson for their assistance and cooperation.
LEONARD DIXON
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Exhibit A - 1
88

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January 28, 2015
Exhibit A – 2
89

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Exhibit A – 3
90

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January 28, 2015
Exhibit A – 4
91

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Exhibit B - 1
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January 28, 2015
Exhibit B – 2
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Exhibit B – 3
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Exhibit B – 4
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Exhibit C - 1
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Exhibit C – 2
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Exhibit C – 3
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Exhibit D
POD CONDITION REPORT
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Exhibit E
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January 28, 2015
Exhibit F
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Exhibit G
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Exhibit H
DUE PROCESS HEARINGS MONTHLY REPORT

To:

From:

Date:

Total number of Incident reports requesting Due Process during

:

Total number of hearings conducted:

Major Infractions:

Escape/plan/attempt Attempted assault on resident Attempted assault on staff Assault on resident Assault on staff Sexual Misconduct Fighting Physical altercation Possession of weapon /alcohol/ drugs Contraband (security related) Theft Tampering with safety / security device Destruction / defacing of county property Racial or ethnic intimidation/slurs Gang activity Threats towards staff Threats towards resident Conspiracy

__ __ __ __ __ __
__ __ __ __ __ __ __ __ __ __ __ __

Sanctions:
½ Day Isolation __ 1 Day Isolation __
1 ½ Days Isolation __ 2 Days Isolation __
2 ½ Days Isolation __ 3 Days Isolation __

Counsel and Warn __

Early bed

__

Loss of privileges __

No charge

__

Mediation

__

Denied

__

Minor Infractions:

Attempted assault

__

Unauthorized absence/presence

__

Failure to follow directives

__

Non-security related contraband

__

Disruptive behavior**

__

Use of profanity

__

Verbal assault/disrespect towards staff __

Disorderly conduct

__

Pattern of negative behavior

__

Physical Confrontation

__

104

Resident released

a. Prior to hearing

__

b. Prior to sanction

__

Reports Remanded

__

Time Served

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Attempt to fight

__

OTHER**:_____________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ ______________________________________________________________________________

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 Case 3:11-cv-00327-DPJ-FKB Document 53 Filed 08/11/14 Page 1 of 100
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION HONORABLE DANIEL P. JORDAN III, U.S. DISTRICT JUDGE
J.H., ET AL, VS HINDS COUNTY MISSISSIPPI 3:11-CV00327 DPJ-FKB
Monitoring Compliance Report: Report Draft Date August 1, 2014
Report Date August 11, 2014
Submitted by Leonard B. Dixon, MSPA
24420 Crescent Drive Woodhaven, MI 48183
734 642-7412 Email home: lbdixon1@comcast.net Email work: lbdixon4@co.wayne.mi.us

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Henley Young Juvenile Justice Center Seventh Monitoring Compliance Report
August 11, 2014
The Seventh Monitor’s Report Henley-Young Juvenile Justice
Leonard B. Dixon
Background On March, 28, 2012, Hinds County, Mississippi entered into a settlement agreement ordained and adjudged by Judge Daniel P. Jordan III, for the United States District Court Southern District of Mississippi, Jackson Division, regarding conditions of confinement at the Henley-Young Juvenile Justice Center, located in Jackson, Mississippi. According to the order the settlement agreement and its specifics requirements “shall apply to Henley-Young and any contractor that may provide services to Henley-Young in the future. The term “youth” herein often refers to individuals confined at Henley-Young. “The parties” understand that the requirements contained herein will be implemented without undue delay as soon as practicable. Unless otherwise indicated herein, the parties will collaborate to make all reasonable efforts to ensure that within 90 days of the effective date of the agreement, policies, and procedures consistent with the agreement are drafted, in the process of being implemented, and that all detention staff received training on the requirements. The parties agree and understand that the implementation will be an ongoing process that extends beyond the initial 90 days of the agreement. As part of the settlement agreement the defendant shall contract with Leonard Dixon, within 30 days of the court entry of this settlement agreement to serve as an expert who will be responsible for documenting the defendant’s compliance with the terms of the agreement and for providing and/or arranging technical assistance and training regarding compliance with this settlement agreement. I will have full and complete access to detained youth, institutional files, medical files, mental health files, education files, video tapes, and youth, staff records and all other information and other reports by staff, grievances, incident reports, and other relevant documents and files maintained by Henley-Young.
All non-public information obtained by the expert shall be kept confidential, except that on a quarterly basis the expert shall file a report with the court documenting the progress of compliance. Neither party, nor any employee or agent of either party, shall have any supervisory authority over the expert’s activities, reports, findings, or recommendations. The expert shall file with the Court and provide the parties with reports describing the Defendant’s steps to implement this Settlement Agreement and evaluate the extent to which the Defendant has complied with each substantive provision of this agreement. Such reports shall be issued quarterly, unless the parties agree otherwise. The reports shall be provided to the parties in draft form for comment at least two (2) weeks prior to their submission to the Court. These reports shall be written with due regard for the privacy interests of individual youth and staff and the interest of the Defendant in protecting against disclosure of non-public information. The expert shall have a budget sufficient to allow him to fulfill the responsibilities described in this Settlement Agreement. Mr. Dixon may consult other experts or consultants retained by either party. All parties shall receive copies of all draft reports from the other experts to Mr. Dixon prior to the issuance of Mr. Dixon’s report, and shall have the option of being present at briefings
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from such experts to Mr. Dixon and Defendant. Mr. Dixon may initiate and receive ex parte communications with the parties and their respective experts and consultants.
Recommendations based on findings, observations and interviews Result of visit on June 18, 2014 to June 21, 2014
Documentation provided and reviewed Reviewed the 89 day program Daily Rosters for February (missing sheets for dates – 1, 2, 3, 8, 9, 15, 16, 22 and 23) Daily Rosters for March (missing sheets for dates – 1, 2, 25 and 29) Daily Rosters for April (missing sheets for dates – 5, 12, 13, 19, 20, 26 and 27) Daily Rosters for May (missing sheets for dates – 3, 4, 10, 11, 17, 18, 24, 25, 26 and 31) Daily Rosters for June (missing sheets for dates – 1, 7, 8, 12, 13, 14, 15, 16 and 17) Abuse complaint made by Southern Poverty Law Center re: Youth J. H. vs Officer Ferniece
Galloway incident occurred on April 21, 2014 Henley Young Weekly Maintenance Reports from March 10, 2014 to June 13, 2014 Signed and Dated Policies:
Emergency Release dated April 29, 2013 Equal Access dated June 10, 2014 Clothing & Bedding Exchange dated June 10, 2014 Resident Hygiene dated June 10, 2014 Mechanical Restraints dated June 10, 2014 Resident Meal Service dated June 10, 2014 Visiting Regulation dated June 10, 2014 Suicide Precaution & Prevention dated June 10, 2014 Employment Training & Staff Development dated June 11, 2014 (only 1st page) Unit Rules & Regulations dated June 11, 2014 Security Searches dated June 11, 2014 (only 1st page) Intake & New Admission dated June 11, 2014 Resident Telephone Calls dated June 10, 2014 Recreation & Leisure Time dated June 10, 2014 Scheduled Phone Call Logs (Weekly for the months of February, March, April and May) 27 Requisitions and Purchase Orders dated from December 2013 to June 2014 4 Unit Schedules for summer Food Service Menus in a 4 week rotation Fire & Safety Drills Documentation: Fire Drill conducted on February 20, 2014 Fire Drill conducted on February 27, 2014 Tornado Drill conducted on March 20, 2014 Fire Drill conducted on June 10, 2014 Fire Drill conducted on June 11, 2014 Training Documentation: Policy review log 2 Safety & Training sign in sheet 5 CPI Training sign in sheet Grievance Reports from 4 residents for the month of February 2014
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Grievance Reports from 4 residents for the month of March 2014 Grievance Reports from 5 residents for the month of April 2014 Intake and Medical Records on Residents D.S.; T.T.; J. M.; A.T.; J.M.; R.T.; Z.F.; A.J.; T.B.
and J.A. HYJJC Resident Incident Report/Use of Force/Unusual Incident Reports
February 2014 – 39 Residents (including some witness statements and medical reporting forms)
March 2014 – 85 Residents (including some witness statements, medical reporting forms) April 2014 –115 Residents (including some witness statements, medical reporting forms
and a notice from the emergency room) May 2014 – 58 Residents (including some witness statements, medical reporting forms) June 2014 – 22 Residents (including some witness statements, medical reporting forms) HYJJC Due Process Rights Reports: Resident A. H. date of violation 4/19/2014 Resident A.H. date of violation 4/24/2014 Resident A.F. date of violation 6/16/2014 Resident J. A. date of violation 6/16/2014 Resident K. J. date of violation 6/16/2014 Resident M. B. date of violation 6/16/2014 Resident R. T. date of violation 6/15/2014 * missing nurses’ report Resident A. B. date of violation 6/14/2014 Resident D. H. date of violation 6/14/2014 Resident A. T. date of violation 6/14/2014 Resident J. R. date of violation 6/13/2014 Resident M. H. date of violation 6/12/2014 Resident A. F. date of violation 6/11/2014 Resident A. F. date of violation 6/7/2014 Resident A. M. date of violation 6/5/2014 Resident A. B. date of violation 6/5/2014 Resident T. B. date of violation 6/4/2014 Resident Q. P. date of violation 6/4/2014 Resident R. T. date of violation 6/4/2014 Resident W. E. date of violation 6/4/2014 Resident Q. M. date of violation 5/31/2014 Resident M. E. date of violation 5/25/2014 Resident Q. M. date of violation 5/23/2014 Resident R. T. date of violation 5/23/2014 Resident D. C. date of violation 5/23/2014 Resident D. C. date of violation 5/20/2014 Resident Q. M. date of violation 5/18/2014 Resident S. A. date of violation 5/9/2014 Resident Q. M. date of violation 5/8/2014 Resident A. M. date of violation 5/4/2014 Resident J. A. date of violation 5/4/2014 Resident U. H. date of violation 5/4/2014 Resident M. T. date of violation 5/4/2014
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HYJJC Due Process Rights Reports continues: Resident P. B. date of violation 5/2/2014 Resident J. C. date of violation 4/30/2014 Resident A. M. date of violation 4/30/2014 Resident K. J. date of violation 4/30/2014 Resident Q. M. date of violation 4/27/2014 Resident D. C. date of violation 4/27/2014 Resident K.J. date of violation 4/24/2014 Resident A. A. date of violation 4/22/2014 Resident D. C. date of violation 4/21/2014 Resident A. S. date of violation 4/21/2014 Resident K. E. date of violation 4/19/2014 Resident Q. M. date of violation 4/10/2014 Resident D. B. date of violation 4/10/2014 Resident A. B. date of violation 4/9/2014 Resident J. M. date of violation (not noted on form) Resident S. A. date of violation 4/5/2014 Resident D. P. date of violation 4/5/2014 Resident J. R. date of violation 4/5/2014 Resident M. M. date of violation 4/5/2014 Resident Q. M. date of violation 4/4/2014 Resident O. F. date of violation 4/4/2014 Resident J. H. date of violation 4/2/2014 Resident J. L. date of violation 4/1/2014 Resident T. M. date of violation 3/31/2014 Resident D. C. date of violation 3/24/2014 Resident D. C. date of violation 5/22/2014 Resident S. A. date of violation 3/20/2014 Resident A. T. date of violation 3/24/2014 Resident T. W. date of violation 3/19/2014 Resident J. M. date of violation 3/19/2014 Resident O. F. date of violation 3/19/2014 Resident S. T. date of violation 3/17/2014 Resident M. L. date of violation 3/13/2014 Resident M. C. date of violation 3/12/2014 Resident M. C. date of violation 3/12/2014 Resident D. J. date of violation 3/12/2014 Resident I. R. date of violation 2/28/2014 Resident K. B. date of violation 2/28/2014 Resident M. L. date of violation 2/20/2014 Resident M. L. date of violation 2/24/2014 Resident M. L. date of violation 2/20/2014 Resident A. T. date of violation 2/19/2014 Resident S. L. date of violation 2/18/2014 Resident M. L. date of violation 2/18/2014 Resident A. T. date of violation 2/17/2014
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HYJJC Due Process Rights Reports continues: Resident S. A. date of violation 2/17/2014 Resident A. A. date of violation 2/15/2014 Resident S. A. date of violation 2/13/2014 Resident C. M. date of violation 2/1/2014 Resident K. H. date of violation 2/1/2014
Quality Assurance Audit Flow Chart Quality Assurance System Improvement Model Flow Chart Quality Assurance Audit Reports:
5 Resident Master File Audits on various residents charts C & D Unit Audit conducted on June 5, 2014 A & B Unit Audit conducted on June 9, 2014 Facility Walk Through conducted on February 11, 2014 Facility Walk Through conducted on March 18, 2014 Facility wide conducted on January 3, 2014 Intake & Units conducted on February 20, 2014 Facility wide conducted on February 20, 2014 Units (WP & JFK) conducted on March 26, 2014 Units (WP, OD, JFK) & Intake conducted on May 7, 2014
Meeting with Judge Daniel P. Jordan III, Hinds County Administrative staff and attorneys and SPLC staff
Staff Interviewed Frank Bluntson, Consultant Floyd Brown, Health Service Administration from Quality Choice Correctional Healthcare Sandra Wilson RN, Nurse Practitioner Wesley G. Keyser, Detention Officer Andrew Roberts, Detention Officer Santonio Longino, Detention Officer Reginald Stewart, SR. Detention Officer Kareen Hughes, Detention Officer Emma Harris, Detention Officer Vanessa Hamilton, Detention Officer
Youth Interviewed Resident J. A. 15 years old Resident D. S. 15 years old Resident A. J. 13 years old Resident J. M. 15 years old Resident Z. F. 16 years old Resident T. B. 16 years old Resident R. C. T. 17 years old Resident T. T. 14 years old Resident A. T. 15 years old Resident J. M. 15 years old
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Henley Young Juvenile Justice Center Seventh Monitoring Compliance Report
August 11, 2014
Introduction This report is the result of my seventh official visit to the Henley-Young Juvenile Justice Center and an update from my previous visit. I visited the facility from June 18, 2014 through June 21, 2014 for the purpose of an official inspection. I would like to thank the Honorable Judge Daniel P. Jordan III for his visit and input as it relates to this process, and the facility staff and County Administration for their cooperation during my visit. As stated in the meeting with Judge Jordan, there are areas of ‘low hanging fruit’ - provisions that during this process should be at substantial compliance. I concurred that these areas should have been completed earlier in this process. At this time, I suggest that the facility concentrate on those areas as discussed. There is a need for cultural development within the facility.
The language of a culture tends to define the culture whether a large group in a single ethnicity or a much smaller group such as the staff of a juvenile detention facility. When I read documents that refer to the residents as ‘detainees or inmates’ I recognize that the culture does not speak to a juvenile rehabilitative model. Terms such as ‘ordering officer off the zone’ rather than ‘off the unit or out of the area’, placing residents in their ‘cells’ or ‘lock up’ rather than in ‘their rooms’ are language used in an adult prison model. In the report writing, the discussions of ‘hostile environments and riots’, rather than ‘disruptive behavior and acting out’, sets the tone for how your changes are viewed internally and culturally. How can anyone be comfortable placing a child who is having a very stressful moment in a ‘turtle suit?’ Language is extremely relevant when trying to persuade someone to your position or convince others that what they are doing is or is not detrimental. In reading the reports and statements of the activities and incidents at the facility it is difficult to believe that the writers are speaking of situations in a juvenile facility. Language has to be appropriate for the situation and location and must define actual incidents and behaviors absent of emotional descriptors and personal attitudinal wording.
I guess the first question one should ask is what is the purpose of the Hinds County Henley Young Juvenile Justice Center? What is the mission, what are your benchmarks, and what is the ultimate goal? The next question is what does it take to succeed in this mission, how much will it take in time and resources? Once these questions are answered and only then can there be real productive change in the landscape and the environment of the facility. The low hanging fruit is a good place to start because small successes lead to great ones.
It should be noted that the facility is again in a transitional state as it relates to leadership. The County has hired a new consultant, Frank Bluntson. In my discussions with Mr. Bluntson, he explained that he will be working with the facility to assist with organizing and developing systems that would ensure compliance with the provisions of the consent decree. However, in my professional opinion, the facility is again struggling for a sense of direction. In my interviews with staff, they are confused and apprehensive about the direction the facility is going and wonders if there will be stable leadership in place. According to Mr. Bluntson, he will be consulting with the facility for at least six months. Although, Mr. Bluntson has worked previously in a juvenile facilities he would need to be brought up to date with current national juvenile detention standards.
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August 11, 2014
As stated in my previous reports, the County Administrator has a vision for the facility. It is an attainable vision within reasonable parameters. However, she must have the means and suitable resources for this facility. Now, there appears to be a deficiency that exists as it relates to external control over operations of the facility. In turn this has created enormous confusion and operational weakness in internal facility controls and compliances. This was glaringly apparent during my visit when line officers were not aware of their own work schedules. For example, a line officer was on leave and the supervisor did not schedule a replacement which created confusion on Saturday June 21, 2014. This left the facility operating with a greater shortage of staff than was expected. In effect, it created a case of ‘organizational whiplash’ for the staff and the residents; and does not provide the stability needed to run an effective facility. At some point the facility must become stabilized if it is to move forward. According to the officers I interviewed, the staff did not know what was going on because of the transition in leadership again. One officer stated, “Progress has been stifled for the past few months.” There was confusion as to who was in the leadership role at the facility.
This is important enough to merit attention by those charged with governance.
It should be noted that the facility has moved 9 provisions to partial compliance and 6 provisions to substantial compliance. Although there is a lot more work to do, this is commendable. However, there was 1 provision that went from partial compliance back to beginning compliance.
Staffing In my review of numerous documents, adequate staffing for Henley Young has moved to unacceptable. The facility staffing has become so inadequate that in my review of youth grievances it is being mentioned. In my discussion with staff members, the facility administration and my observation, this facility will not be able to move forward without sufficient staffing levels. After reviewing the due process records, I found that 80% of the incidents may not have occurred if the facility had adequate staffing and proper training.
During this visit residents were still locked in their rooms, residents were fed in sections on B pod and A pod, and residents were only allowed to take showers while other pods were locked down. Residents were not allowed to participate in outdoor activities, and all residents who did not participate in visitation were secured in their rooms without supervision. Too many residents were not properly and timely ‘booked in’ upon arrival to the facility. Because of the lack of adequate staffing, residents booked into the facility were taken directly to units with no orientation or completed admitting procedures. This creates a very dangerous environment for residents and staff. On one occasion, a lighter was discovered on a resident (K.T.) housed on A pod that started a fire (see incident report March 29, 2014). This constant lack of staffing is placing the staff and residents at risk which continues to create a major liability for the County.
I would direct the County to review my previous reports especially regarding staffing, staffing levels and staff-to-resident ratios. Not only is there a lack of direct care staff, there is also insufficient staffing as it relates to recreation, social work, mental health therapists, case managers, maintenance, and supervisory staff.
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Building cleanliness/environmental issues/maintenance After a review of documents coupled with my observations, I found the facility continues to be in need of proper maintenance along with maintenance and skilled trades personnel to keep the building in good operational order, as I have discussed in each report. Further, the facility is in need of a major cleaning and is again falling into great disrepair (see exhibits A-1 to A-8: note A-8 shows two residents in a stall together) also see previous report. See provision 11.6.
Mental Health As it relates to mental health, my review of documents revealed that there is an extraordinary need for on-going mental health services at Henley Young. As discussed in prior reports, there is a major need for services. Once a resident has been identified through the MAYSI-2 instrument, mental health services must be provided. An example of several residents needing mental health services are as follows:
 Resident D.A. – self mutilation  Resident Q.M. – attempted suicide  Resident J.M. – attempted to harm himself several times in different areas of the building
and stuck his head in the toilet  Resident A.H. – attempted suicide  Resident K.P. – attempted suicide
These are examples of a needed mental health system and services for the residents at Henley Young, please see previous report.
As stated in my previous report, the services, at a minimum, should include:
1) Appropriate and well-trained staff. 2) Treatment services on or off-site crisis intervention including short-term individual
and group therapy follow-up, as needed and psychotropic medication management. 3) Mental health, medical, and substance abuse services that are sufficiently coordinated
such that patient management is appropriately integrated, health needs are met, and the impact of any of these conditions on any resident is adequately addressed. 4) All aspects of the standard are addressed by written policy and defined procedures.
Suicide Prevention During this visit and my review of documents, I again found residents who were in need of mental health intervention (see above mental health).
As stated in my previous report, a suicide prevention program must be developed which includes, at a minimum, the following:
1) A suicide prevention program includes the following outcomes: a) facility staff identify suicidal juveniles and immediately initiate precaution,
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b) suicidal juveniles are evaluated promptly by the designated health professional who directs the intervention and ensures follow-up as needed,
c) actively suicidal juveniles are placed on constant observation; d) and potentially suicidal juveniles should be monitored on an irregular schedule with
no more than 15 minutes between two checks. If, however, the potentially suicidal juvenile is placed in isolation, constant observation is required. 2) Key components of a suicide prevention program include the following: a) training b) identification c) referral d) evaluation e) treatment f) housing and monitoring g) communication h) intervention i) notification j) review k) debriefing 3) The use of other juveniles in any way (i.e. companions, suicide-prevention aides) is not a substitute for staff supervision. 4) Treatment plans addressing suicidal ideation and its recurrence are developed, and patient follow-up occurs as clinically indicted. 5) The responsible health authority approves the suicide prevention plan; training curriculum for staff, intake screening for suicide potential and referral protocols, and training for staff conducting the suicide screening at intake. 6) All aspects of the standard are addressed by written policy and defined procedures. 7) Appropriately well-trained staff.
Behavior Management/Isolation Based on my review of documents, observation and interviews, the facility is still in need of an adequate facility-wide behavior management program. I repeat that the facility must follow the recommendations as stated below. This is a reiteration of my previous report. It should be noted that staff relationships with juveniles are the primary source of managing behavior. Behavior management is about getting juveniles to learn new appropriate behaviors and to be consistent in behaving properly. Juvenile behavior management consists of helping residents understand what is expected in the environment and also helps them modify their behaviors while in the facility. The staff at Henley-Young is still in need of training to ensure that they understand the distinctions between punishment and discipline. The facility also needs to develop a positive incentive program for controlling irresponsible behaviors. There are four main areas the facility must look at when developing their behavioral management programs and the difference between the following:
1) Consequence: The effect, result, or outcome of something occurring earlier; 2) Discipline: Training to act in accordance with rules, to learn self-control; 3) Punish: To subject to pain, loss or confinement as a penalty for some offense,
transgression or fault;
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4) Rewards: positive outcomes from positive behaviors.
The facility must also develop a point or level system that allows juveniles who exhibit positive behaviors to gain points and move to the next level in the facility. The juveniles should be able to trade points for special privileges (i.e. extra phone calls, extended visits, name brand deodorants, etc). Officers should be responsible for awarding points based on the resident’s behavior, their functioning in school, hygiene, building cleanliness to name a few. The supervisors should ensure the program is operating as designed to make sure there is no abuse by staff or residents of the program. My document review and observations indicate that residents are being locked-down too much at this facility. This has become a common practice due to a shortage of staff. In conclusion, de-escalation techniques are critical to the implementation and directing of any good behavioral management program as stated above.
Activities/Recreation/Programming Based on my most recent visit, I found that the facility continues to not have structured recreation activities and programming. This is an area that must be addressed. As stated in my previous report, the County should hire recreational staff that will be solely responsible for implementing programs and activities for residents. This program design should include activities for girls and boys inside and outside of their housing units. It should be noted that the facility has resurfaced the basketball courts. Since this is completed recreational staff should be hired so that various activities can be implemented. There must also be adequate staff to ensure proper supervision during activities. Please review my last report.
Medical, Medication Review & Disposal During this visit, I met with both registered nurses from Quality Choice Correctional Healthcare (QCCH) and Floyd Brown, Health Service Administrator. Although, the County has hired QCCH services, they are not fully operational and are in the process of developing policies and procedures for the health service area. This should not preclude QCCH from providing health care services on an as needed basis. It will take time to complete policies and procedures however there are medical protocols as to the degree of services needed in most medical situations.
As stated in my previous report (6) there is still the need for a pharmacist doctor (Pharm D) or pharmacist to come in to review and/or discard any medications that are left at the facility and over the counter medications that have expired. In addition, the Pharm D can assist in providing information regarding medication and possible side effects and reactions for the staff as well as assist with policies, procedures and protocols for medication administration. Again, there must also be routine reviews of pharmaceutical services that can lead to a risk factor of sub optical provisions which include not having a medication administration report (MAR) completed properly or reflect accurate information (not giving medication on time; not sending medication home to complete course; or improper storage).
During this visit I also found that the facility does not have a system in place for biohazard waste (i.e. sharp containers, any soiled material that contains blood and body fluids). These services should be provided by an outside contractor specializing in disposal of biohazard materials. The red bags should be placed inside a biohazard container once ready for pick up.
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These things should be picked up on either a biweekly or weekly schedule based on the amount. It should be placed in a designated area and locked.
Also I found during this visit that the facility still does not have complete first aid kits available (see exhibit B). It is very important that the first aid kits are complete because the facility does not have 24 hour medical staffing. The first aid kits need to be stocked accordingly to the list requirements (see exhibit B).
As discussed in my previous report as it relates to residents’ physicals, the forms should be revised to state “nursing assessment and history” which will be for nursing staff to complete. This would include a system for a head-to-toe assessment which is completed by the nurse. The “physical examinations” forms are to be completed by a medical doctor, physician, nurse practitioner or physician assistant. Another alternative is for the County to send the nursing staff to obtain certification to complete physical examinations. Based on my review of the documents and interviews with nurses, there is no testing for HIV, Hepatitis, STI, TB or pregnancy. With all the tattoos the residents are receiving, Hepatitis is becoming more prevalent. In addition, due to no testing of STI’s undiagnosed cases of Chlamydia which is known as a silent disease because of no symptoms; can lead to sterility in youth. In addition, there should be a nurse with mental health training to understand the mental health lingo because there is a difference in their training; this nurse will be able to know when there is a risk for suicide or self-mutilation, behavioral problems, depression, etc. When the facility hires a nurse that is familiar with the mental health procedures, they will be better equipped to deal with situations that involve residents who continuously complain about headaches, stomachaches and backaches which could be signs of depression. In addition, there is also a need for a sick call system to be in place. I am recommending that a sick call system be developed where there is a set schedule for completion of these medical requests (also known as “kites”). Kites should be picked up and addressed on a regular basis at least twice a day (morning and afternoon). This information should also be documented in the resident’s medical files.
As stated in my previous report, the facility must ensure that medical files are properly maintained and secured. I would direct the County to purchase the files that were suggested previously to assist the medical services area in developing an adequate filing system. This filing system should be used to control how information is separated, stored and retrieved. Without a good filing system, information placed in a storage area would be one large body of information with no way to tell where one piece of information stops and the next begins. In addition, these files should be placed in a locked filing cabinet and only retrieved as needed and by authorized personnel. Once files are completed, they should be returned to the secured area from which they were taken.
As it relates to medication the following should be addressed at a minimum: A. Storage Monitoring 1. All medications that require refrigeration will be stored in a clean, secure refrigerator with the appropriate temperature. 2. Refrigerator temperature monitoring will occur daily and documented on a log.
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3. Inspection of medication storage sites will be done at least monthly by a licensed pharmacist. Special attention will be paid to orderliness and cleanliness. A written report will be provided to the Director or designee.
4. Identification and disposal of expired medications will occur at least monthly.
5. Ultimate disposal will be provided by a company licensed by the State of Mississippi for the purposes of medical waste disposal.
B. Audits 1. A formal pharmacy audit will be done by a licensed pharmacist at least quarterly to evaluate compliance with the State of Mississippi Pharmaceutical Regulations. 2. A report will be delivered to the to the Director or designee i. A corrective action plan will be completed for review by the Director or designee at least quarterly ii. The Pharm D or designee will discuss audit reports at the Joint Staff meeting. All staff will participate in the corrective action plan development.
As stated in my previous report, I am recommending at a minimum the following protocols be put in place as it relates to universal precautions:
1) Common sense hygienic practices:  Wash your hands frequently, before and after handling any and all potentially infectious materials  Wash your hands after removing gloves.  Be sure to wash, as soon as feasible, any part of the body after an inadvertent contact with another person's blood or body fluids.
2) Wear proper protective clothing, where feasible when faced with a potential exposure situation.
3) Wear latex/vinyl disposable gloves:  Subsequent to any searches, a visual search shall be conducted by conducting a physical search of any room, closet, etc.  When handling any potentially contaminated materials/subjects.  When handling sharps.
4) Replace gloves if torn, punctured, contaminated, or if their ability to function as a barrier is compromised. Never wash or decontaminate disposable gloves for reuse.  Wear protective outerwear such as a gown, mask, booties, surgical cap or hoods, etc.  When large volumes of blood and or body fluids are expectorated or inadvertently can occur.  When cleaning any potential contaminated site.
5) Wear protective outerwear such as masks, eye protection and face shield.  Whenever splashes, spray, spatter or droplets of blood or other potentially infectious materials may be generated.  Whenever the eye, nose or the mouth contamination can be anticipated.
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6) Remove immediately or as soon as feasible any garment contaminated by blood or other potentially infectious materials (OPIM), in such a way as to avoid contact with the outer surface.
7) Have change of clothing available.
For further assistance, I would direct the facility to review the Mississippi Pharmacy Practice regulations part 3001. This would provide a structure and assist the facility with compliance.
Food Service Based on this visit and my review of documents, the food service program is developing. However, residents continue to complain about not having enough food. In addition, there were numerous complaints about the food being cold. I observed the food process during this visit and found that the residents were correct as it relates to not enough food and that the temperature of the food was unacceptable, which means that the food was below the federal food standard requirements. I also observed residents being served at different times on each unit. The scheduled time of serving was approximately 1 hour to a 1 hour and 15 minutes after the food was delivered to the kitchen. According to Ms. Frelix, meals are in the process of being prepared onsite which should reduce the serving time and resident complaints. I would concur with the administration, that meals being prepared at the facility would be a step in the right direction. This in no way means that the residents should be responsible for food preparation or service. The facility must hire professional food handlers etc. to carry out this process.
Also, I would still recommend that a major cleaning of the kitchen be done for sanitation purposes. For example the warming ovens, (see exhibit C). In addition, I recommend the menus be dated.
During this visit, I still found that the food service schedule was not being followed. For example, each day during this visit, food was served at different times, specifically the evening meals (4:30 p.m., 5:00 p.m. and 5:30 p.m.). There must be consistency in the time residents receive their meals to ensure that meals are provided at regular times during each 24 hour period with no more than 14 hours between evening meals and breakfast. Each resident has the opportunity to have at least 20 minutes of dining time for each meal.
I am again reiterating that food service is an important part of institutional life (see previous report #6).
89 day program/Juvenile Court Again as discussed in my previous reports, the 89 day concept is a very admirable idea. Again, I reiterate, for this court program to function or to operate successfully, there are major changes needed as it relates to programming and staffing. At this point, the program is more a revocation program than a therapeutic, treatment program that was intended. As I have stated in my previous reports, for this program to be effective and successful, the following areas must be incorporated in the program:
 Sufficient staff
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 Target appropriate juveniles for the program (i.e. medium to high-risk)  Target risk factors for delinquent behavior that are responsive to intervention  ensure they are individualized and family based, and delivered in community
settings when discharged  Programming based on a particular treatment model  well-trained staff and a program director who strongly supports the program
outside of the facility’s director  Deliver a sufficient amount of treatment  Adhere to a program design  Monitor juveniles’ progress on an ongoing basis and modify the program as
needed  Provide aftercare services  Individual treatment plan (ITP) that reflects why the juvenile is in the program
and what goals juvenile should accomplish during his stay. Also mentioned in the ITP is the juvenile’s individual education plan (IEP), which specifies how to accomplish the juvenile’s educational goals.  Develop cognitive behavioral programs that confront juvenile’s thinking errors and teach juveniles to overcome their thinking errors as a means of behavioral change.  Develop positive peer culture (PPC) that teaches juveniles to assume responsibility for helping one another. It is based on the belief that the most powerful influence on a resident’s behavior is peer pressure. PPC’s goal is to teach basic values related to caring for others. PPC is centered on frequent meetings of small groups of juveniles (6-12) and one or two staff leaders. The juveniles are encouraged to help each other.  Develop strength based practices that help juveniles to become accountable for their actions and responsible for their behaviors. Accountability is realized when a juvenile admits to the wrong and changes his/her behavior. When juveniles get into trouble, the care worker will initiate more behavior changes in juveniles by having them focus on how to solve their problems.

To ensure that there is an accountability case management in the 89 day program, I am recommending the following model be implemented:

 specifying troublesome behaviors  identifying need(s)  setting goal(s)  evaluation

Need

physiological, social, psychological requirement(s) for the well being of

an individual

Goal

behavioral statement of how the individual will be at the end of a

specified period of time

Service Action behavioral statement of what the case manager plans and does to assist

the individual(s) in achieving the goal

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Evaluation

systematic collection of information on goal indicators and/or service action(s) for the purpose of decision making and planning

In addition, the court has to determine what therapeutic programs they will be using. An example of these programs would be psychoanalytic therapy, behavioral therapy, rationale emotive therapy, persons centered therapy, reality therapy, etc. It should be noted that I found in my review of documents, observations, and discussion with staff and residents no difference in the 89 day program than in the general detention program. One staff put it quite profoundly by stating “when these youths get a long term sentence through the 89 day program they don’t care and they are causing most of the problems. Detention is a short termed program and they are getting long term sentences.”

School The school is in the process of hiring a new Educational Director therefore I am suggesting that the recommendations mentioned in my previous report regarding the school be followed. In addition, as it relates to the school, since there has not been an evaluation of the school, I would recommend an external audit by a qualified educational consultant. During this visit, I found that during the week-long testing period students were being individually tested, which was fine, however there were only several students being tested while the other students were being supervised on the units by the direct care staff. Therefore, I would recommend during these testing periods that the school follow the system developed by Rankin County where students being tested are tested away from the regular school programming and all other students are still in class receiving educational programming.

There are many conflicts between the mandates of the court, the school and the facility. Students who have court are not allowed to return to the classroom after their appearances, teachers suspend students from school based on their needs rather than the parameter of the detention facility and an already stretched staff becomes more stretched. These types of issues create problems that the line staff cannot surmount. There has to be one set of rules that are all encompassing for the facility that makes for a safe and secure environment and complies with the need for order within the facility.

The school should review their staffing to ensure that it is meeting the needs of the educational program (i.e. need physical educational staff and an additional GED teacher).

I am still recommending that the school and the facility review the policy of not allowing residents to return to school after court.

Further, the following areas should be addressed based on my interviews from my previous report with school staff:

A.

“policy and procedure”

B.

“everyone needs to know what to do”

C.

“the expectations should be written even kids should know them”

D.

“policy and procedure should be based on detention standards”

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E.

“everyone should have the tools to do their job”

F.

“proper staffing is needed”

G.

“staff should be well trained to deal with this population”

These are areas that should also be addressed as I have discussed in my previous reports. The school should use small portable classrooms (which can be placed on the grounds of the facility within the security fencing) to help alleviate the congestion for students and teachers who are now forced to teach class in a storage closet. This is below any standard, educationally or detention and is not conducive to learning. Again below are my recommendations from my previous reports.

Recommended School Plan: A. The Henley-Young Facility will create and implement a plan to provide all of the following services and programs within their control related to the aspects of residents’ education: a. maintain an adequate physical facility for education, b. provide adequate security and support in the classroom, c. establish an in-school points system based on rewards and consequences for behavior, d. establish and implement a schedule for transporting residents to and from school that assures that residents will have the opportunity to receive the required hours of educational services mandated by law. B. Develop policies and procedures for all of the areas discussed above.

Solution/Plan 1. The Henley-Young Facility will make every effort to develop and formalize an interagency agreement between the Jackson Public School System and the HYC that: a. Provides adequate security within the school premises (including classrooms) for all residents including those residents requiring protective services or other special needs. b. Residents requiring protective services or other special needs shall have the same or equivalent educational services as other residents. c. Create an alternative educational plans for residents removed from the classroom for medical or behavioral issues. d. Provides a schedule for transporting residents to and from school that ensures that residents will have the opportunity to receive the hours of educational services mandated by law. e. Outline a cross training curriculum for HYC school employees and detention employees, which include an orientation and a safety curriculum and mandatory annual refreshment training for employees of the school. f. Ensure trainings will provide educational staff with appropriate facility policies that relate to or overlap with the school’s operations to include the policies regarding rules, discipline and the behavior management program. g. Include development of a plan and appropriate materials for various educational levels, to be distributed and explained to residents in the health

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care unit, in room confinement or otherwise unable to participate in normal school classroom activities. h. Ensure the class schedules are driven by the security of the facility and that the school looks toward developing individual learning plans for each student in the school. 2. The Facility Director or designee shall review the circumstances surrounding the placement of all residents who are in isolation or seclusion, or residents who do not attend school for medical reasons and other behavioral maintenance processes to assess the feasibility of an early release to attend school each day. a. A list of the residents that are not allowed to attend school and the reasons for the administrative restriction shall be documented and distributed to the Principal of the HYC School. b. The Facility Director shall designate a liaison to interact with school daily and the JPS Administration should create a position for Compliance Administrator to review the progress of the school on a weekly basis. c. All instances in which school activities are suspended by the facility due to incidents or other extraordinary circumstances shall be reported to the Compliance Administrator within 24 hours.
When the School Principal or designee is having issues, whether of a safety nature or any other problems, they should be reported to the compliance administrator and the facility Director or designee immediately. I am recommending again that the Jackson Public School system (JPS) hire a compliance officer to ensure that the school educational standards are being met.
Below are the compliance ratings and summary of ratings that will be used in this report. Please be reminded that though most are in Non-Compliance, policy development is most important and the start of this process. However, as stated above the facility has made progress on some provisions which moved them from Non-Compliance to beginning compliance.
Please note that many of the comments and recommendations in the provisions are restatements of previous reports because in those areas little movement has been made. The new Director should use these comments as a road map to developing a successful facility plan. She must also develop a comprehensive corrective action plan for guidance. That plan should have the following:
A. Clearly state the problem or weakness, including the root cause
B. List the individuals who will be accountable for the results of the corrective action plan
C. Create simple, measurable solutions that address the root cause
D. Each solution should have a person that is accountable for it
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E. Set achievable deadlines F. Monitor the progress of the plan
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The graph has been included to show the progress made thus far on the 71 provisions:

80
71 70

Compliance Summary

60

59

54

50

40

35 36

37 34

30

30

30

25

20

17

12 10

17 15
13 9

3

0 0 0 0

0 0

0 0

0 0

0 0

Report 1

Report 2

Report 3

Report 4

Report 5

Report 6

Report 7

NC BC PC SC

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Compliance Code Measurements
Substantial Compliance (SC): Practices follow the county-approved policies, training materials or other documents; practices follow policy with rare exception and exceptions lead to corrective action; trained staff fill all positions and vacancies are filled within 3 months; the County has completed work in an acceptable manner; policies, procedures and practice and training are operational and quality-assurance audited and audit exceptions lead to corrective action; outcomes meet or exceed agreement requirements.
Partial Compliance (PC): Policy and procedure is implemented in some but not all locations or times; staff are hired but not trained; the County is working on implementation but tasks are not completed; system implemented at some but not all locations or times, outcomes meet or exceed agreement requirements some of the time and in certain area.
Beginning Compliance (BC): Policy and procedure is written by the county but has not been implemented; funding and hiring authority are approved by the County but positions are not filled; training materials prepared and approved by the county but training has not started.
Non-Compliance (NC): No action taken and immediate steps needed to maintain schedule or prevent further delay. A policy may exist, but the policy may need significant revision or modifications and rarely translates into practice.

Provision

Intake

1.(1) All Residents Admitted to Henley Young 1.(2) MAYSI-2 Mental Health Screening 1.(3) Prescription Medications 1.(4) Meal Compliance 1.(5) Telephone Usage 1.(6) Strip Search Policy

4th Report
NC NC NC NC BC BC

5th Report
NC NC NC NC BC BC

6th Report
NC NC NC BC BC BC

7th Report
NC NC NC PC PC BC

Provision 2.(1) 2.(2) 2.(3)

Staffing and Overcrowding Direct Care Staff Ratio Maximum Capacity Adjustment One-Person Cell

NC

NC

NC

NC

BC

BC

PC

SC

BC

BC

PC

SC

Provision

Cell Confinement

3.(1) Structured, Rehabilitative & Educational Programming NC

NC

NC

NC

3.(2) Appropriate Access to Living Unit

NC

NC

NC

NC

3.(3) Dangerous Residents

NC

NC

NC

NC

3.(4) Isolation

NC

NC

NC

NC

3.(5) Direct Care Staff on Units

BC

BC

BC

BC

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Provision

Structured Programming

4

Educational, Rehabilitative, and/or Recreational Programs

4th

5th

6th

7th

Report Report Report Report

NC

NC

NC

NC

Provision

Individualized Treatment Plans/Treatment Program for Post-Disposition Residents

5.(1) Residents Access to Adequate Rehabilitative Services

NC

NC

NC

NC

5.(2) Health and/or Substance Abuse Treatment

NC

NC

NC

NC

5.(3) Treatment Plans

NC

NC

NC

NC

5.(4) Review of Individual Treatment Plans

NC

NC

NC

NC

5.(5) Evening and Weekend Programs and Activities

NC

NC

NC

NC

5.(6) Quality Assurance Program

NC

NC

BC

PC

Provision

Disciplinary Practices and Procedures

6.(1) Implement a Discipline Policy and Practice

6.(2) Policy for Residents Violations

NC

NC

NC

NC

NC

NC

NC

NC

Provision

Use of Restraints

7.(1) Mechanical Restraints

BC

BC

BC

BC

7.(2) Mechanical Restraints – Transportation

BC

BC

PC

BC

7.(3) Misuse of Mechanical Restraints

BC

BC

BC

PC

7.(4) Mental Health – Use of Mechanical Restraints

NC

NC

BC

BC

7.(5) No Restraint Chairs, Chemical Restraints and/or Tasers BC

BC

SC

SC

7.(6) No Hogtying in Facility

BC

BC

SC

SC

7.(7) Mechanical Restraints – One-On-One Supervision

BC

BC

PC

PC

7.(8) Mechanical Restraints – Notice to Medical Professional BC

BC

BC

BC

7.(9) No Electronic Restraints

BC

BC

PC

SC

7.(10) No Firearms in Facility

BC

BC

SC

SC

Provision

Use of Force

8.(1) No Misuse of Use of Force

8.(2) Notice to Medical Professional After Use of Force

NC

NC

NC

NC

NC

NC

BC

PC

Provision 9.(1) 9.(2) 9.(3)

Meals and Nutrition All Meals and Snacks Must Be Nutritional Comply with Nutrition Guidelines Provide Drinking Water Throughout the Day

BC

BC

PC

PC

BC

BC

BC

BC

BC

BC

BC

PC

Provision

Clothing

10

Provide Basic Clothing Items

BC

BC

BC

PC

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Provision

Hygiene and Sanitation

11.(1) 11.(2) 11.(3) 11.(4) 11.(5)
11.(6)
11.(7)

Provide Appropriate Hygiene Products Provide Sleeping Mats and Blankets No Deprivation of Mats and Blankets Sufficient Sanitary Mats and Blankets Clean and Sanitary Environment Fire Safety, Weather Emergencies, Sanitation Practices, Food Safety, and Provide Safe Environment Clean Drinking Glasses and Eating Utensils

4th Report
BC BC BC BC BC

5th Report
BC BC BC BC BC

6th Report
BC PC PC PC BC

NC

NC

BC

BC

BC

PC

7th Report
PC PC PC SC BC
BC
PC

Provision

Medical Care

12.(1) Provide Residents With Adequate Medical Care

NC

NC

NC

NC

12.(2) Provide Medical Professional When Needed

NC

NC

NC

NC

12.(3)

Implement a Sick Call Policy to Ensure 24 Hour Services

NC

NC

NC

NC

12.(4)

Prescription Medications Only Dispensed by Medical Staff

NC

NC

NC

NC

12.(5) Provide Medical and Mental Health Services

NC

NC

NC

NC

12.(6)

Proper Monitoring Residents Who Require Individualized Attention

NC

NC

NC

NC

Provision 13.(1) 13.(2)
13.(3)
13.(4) 13.(5)
13.(6)

Mental Health Care Provide Adequate Mental Health Care Residents and Psychotropic Medications Within 72 Hours of Admittance Complete an Individual Mental Health Treatment Plan Implement Policies and Procedures for Referrals Sufficient Psychiatric Services Psychiatrist and/or Counselors to Record Review to Ensure Proper Care

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

Provision

Suicide Prevention

14.(1) Multi-tiered Suicide Prevention Policy

BC

BC

BC

BC

14.(2)

Evaluate Highest Level of Suicide Watch Every 12 Hours by Medical Professional

BC

BC

BC

BC

14.(3)

Closely Monitor Suicide Watch Residents During All Activities

BC

BC

BC

BC

14.(4)

Court Shall be Notified Within 24 Hours of Any Residents on Suicide Watch

BC

BC

BC

BC

Provision

Family Support and Interaction

15.(1) Visitation Shall Not Be Restricted or Withheld

15.(2) Provide Accommodations for Contact Visits

BC

BC

PC

PC

BC

BC

PC

SC

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Provision

Family Support and Interaction (cont.)

15.(3) Visitation Shall be Regularly Scheduled 15.(4) Phone Calls Shall be Allowed Based on Policy

4th Report
BC BC

5th Report
BC BC

6th Report
PC BC

7th Report
SC PC

Provision

Miscellaneous Provisions

16.(1) Provide Equal Access To All Services

BC

BC

BC

BC

16.(2)

Provide the Opportunity To Participate In Large Muscle Exercise Every Day

NC

NC

NC

NC

16.(3)

Prohibit the Use of Profanity in the Presence of Residents

BC

BC

BC

BC

16.(4) Provide Adequate Grievance Policy

BC

BC

BC

BC

16.(5)

Provide Residents of All Ages With the Opportunity to See Their Attorney and/or Residents Court Counselor

BC

BC

BC

BC

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The following are my observations and recommendations specific to the provisions of this agreement.

1. Intake
Provision1.1 Intake
Status Discussion

All residents admitted to Henley-Young shall receive a health screening, within 1 hour of admission or as soon as possible as reasonably thereafter, by appropriately trained staff as required by Mississippi Code Annotated § 43-21321. Information obtained during the screening shall include, but shall not be limited to, the juvenile’s: (a) Mental health; (b) Suicide risk; (c) Alcohol and other drug use and abuse; (d) Physical health; (e) Aggressive behavior; (f) Family relations; (g) Peer relations; (h) Social skills; (i) Educational status; and (j) Vocational status.” Mississippi Code Ann. § 43-21-321(1). During this screening, Henley-Young shall obtain information regarding the resident’s educational status by having the residents or intake officer complete an education screening form developed and provided by the Jackson Public School District.
Non-Compliance
The status of this provision remains as non-compliance based on my June visit. The facility should continue to work on addressing the above mentioned areas. Please see recommendations below

Recommendations

1. Fully develop admitting policies and procedures to reflect provision 2. The court should provide staffing for intake purposes 3. The facility should provide enough staff to fully cover the care and
custody issues in the facility 4. Ensure all staff who admit residents are properly trained 5. Develop training records 6. Provide documentation in a organized way on residents being
screened/admitted (files) 7. Ensure all residents’ records are available for my review with all areas
of the provisions placed in the resident’s file

Evidentiary Basis Document review, observation, interviews

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Provision 1.2 Intake
Status Discussion

All residents shall receive a MAYSI-2 mental health screening upon admission, as required by Mississippi Code Annotated § 43-21-321. The screening will be conducted in private by appropriately trained staff of Henley-Young. If the screening indicates that the residents is in need of emergency medical care or mental health intervention including, but not limited to, major depression, suicidal ideation, withdrawal from drugs or alcohol, or trauma, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation immediately or as soon as reasonably possible.
Non-Compliance
The status of this provision remains as non-compliance. Although the facility continues to screen using the MAYSI-2, there is still no follow-up as a result of the information revealed by the screening. Further, there should be constant mental health follow-up as it relates to residents that have been identified with warning and caution signs regarding their behaviors. In addition, the facility still needs to develop adequate policy and procedures for this provision which is very difficult without having a mental health program in place. As stated in my last report (6th), the facility needs first to answer the following questions below; then follow the recommendations.
A. What are the program objectives for mental health screening?
B. What are the characteristics or common traits the program wants to identify for emergency or follow-up clinical consultation?
C. What MAYSI-2 scores will the facility use as the signal for the program staff to obtain clinical consultation or services?
D. What mental health follow-up services are available when the resident’s MAYSI-2 score indicates that they are needed?
E. In what way will the facility develop a database that creates a profile of mental health needs in the population and program decisions and adjustments needed to improve mental health services for the residents?
It should be noted that during this visit there were several residents who did not receive the MAYSI-2 screening upon entering the facility. This was due in part to inadequate staffing and lack of training. On several occasions, residents were accepted into the facility with minimum processing and taken directly to housing units because no staff officers were available to correctly complete these duties.

Recommendations

1. Develop comprehensive policy and procedures for this provision. 2. Develop resident files that are organized and arranged properly 3. Develop training and provide documentation of training 4. Identify person or person(s) whose responsibility is to score the
instrument

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Evidentiary Basis

5. Provide documentation on who reviews the instrument and note what services are provided for the residents in the facility and what services should continue when the residents leave the facility
6. Develop process whereby facility staff and court employees develop a system for the sharing of information and reviewing of residents’ files which are centrally located and accessible to detention staff.
Document review, observation, interviews

Provision 1.3 Intake
Status Discussion

Prescription medications will be secured for all residents who have a valid, current prescription within 8 hours of admission, if possible, but in no case, longer than 24 hours after admission, including weekends and holidays. If during a resident’s detention, a medical professional either prescribes a new medication or renews a resident’s previous prescription medication, HenleyYoung will secure the prescription medication within 8 hours of receiving the prescription, if possible, but in no case, longer than 24 hours after receiving the new prescription, including weekends and holidays. Henley-Young shall procure and/or purchase all prescription medications prescribed to confined residents.
Non-Compliance
The status of this provision remains as non-compliance based on document review, interviews and observations. I reviewed several residents’ files and their medical/mental health needs are still not being met. Specifically, training of universal precautions is sorely needed. It should be noted that based on the fact that the medical program is not in place and files are in disarray, determining whether or not residents are receiving new prescriptions or if prescriptions are received within 24 hours is problematic at this time. This should be a part of the new medical policies, procedures and protocols once the new medical contract is in place.
The facility should continue to follow the recommendations below which are the same as in the previous report. The initial intake/admission process is a critical part of residents’ transition when they are entering the facility. During my review I found that because of the lack of staffing, it was very difficult for staff to really get a firm understanding of residents when they entered the facility. On one occasion during my visit, staff members were pulled from the Master Control area to ensure that a resident was admitted.
Having two RNs is a major improvement in the medical services however there is still a need for a physician to direct medical care. The nurses cannot prescribe medications, perform invasive evaluations, and when needed, write standing medical orders. Further they cannot perform complete physicals on residents when they enter the facility. It should be noted, residents are not receiving physicals as required based on minimal juvenile detention standards and the
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Mississippi Youth Court code (43-21-321). In addition, there is no Pharm D to oversee medication administration and dosage. I saw no biomedical hazard receptacles, which implies that the facility has no contract with a waste removal company.

Recommendations

The first aid kits are still incompletely stocked and stocked with out-dated equipment (see exhibit B). While the facility is soliciting a medical provider to carry out medical services it still has the responsibility to maintain medical/medication and all other medical needs to the residents. Based on my review of documents and observation, over the past two years no doctor, physician’s assistant or practitioner has been hired. Also, there are no policies, procedures or protocols to guide these nurses. Therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.
1. Hire a Medical Doctor to direct medical care. 2. Develop written policy and procedures or protocol for this provision 3. Document staff training on distribution and side effects of medication 4. Provide documentation on efforts to obtain prescription drugs

Evidentiary Basis Document review, observation, interviews

Provision 1.4 Intake Status Discussion
Recommendations

Upon admission to Henley-Young, all residents shall be offered a snack or meal in compliance with the United States Department of Agriculture’s School Meals Program standards.
Partial Compliance
The facility has moved to partial compliance on this provision based on my observation, interviews and review. During my review of documents and interviews with residents, I found that the facility has created a checkpoint that provides snacks upon resident arrival at the facility. I reviewed nine files and found that eight residents were offered snacks upon their arrival (Resident T.B. on May 7, 2014 was not offered snacks). However, during my interviews of ten residents, two advised that they did not receive snacks upon admission. This means that approximately 90% of the residents entering the facility were offered snacks upon their admission. Therefore the facility must continue to follow the below recommendations.
1. Continue in the development of policies and procedures for this provision.
2. Procedures should be part of intake/admission procedure. 3. Ensure there are snacks or sandwiches available for residents being
admitted between 6 pm and 5 am. 4. Ensure enough staff members are available to fully comply with the
policies and procedures.

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Evidentiary Basis Document review, observation, interviews

Provision 1.5 Intake Status Discussion
Recommendations

Upon admission to Henley-Young, all residents shall be permitted to telephone a parent or legal guardian free of charge and to take a shower before being placed on the pod.
Partial Compliance
The facility has moved to partial compliance on this provision, based on my observation and review. I did review the scheduled telephone call log sheets and the admission intake checklist along with interviews with youths and found that the facility at this time has advanced to partial compliance. The facility should ensure that the below recommendations are continuously followed to advance to substantial compliance.
1. If officers have been trained on this policy, they may need retraining. 2. Develop a consistent way to document the intake process that shows that a
phone call and shower were completed. 3. Develop policy and procedure for this provision.(executed) 4. Train staff and document this training.

Evidentiary Basis Document review, observation, interviews

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Provision 1.6 Intake
Status Discussion

Within 60 days of the date of this agreement, Henley-Young shall develop and implement policies that limit strip searches to instances where Henley-Young staff has an articulable suspicion that a resident may possess weapons or contraband. Anytime a strip search is conducted, Henley-Young staff must document, in writing, their suspicion, obtain permission from a supervisor, and conduct the search in a manner that minimizes the intrusion into the resident’s privacy.
Beginning Compliance
The status of this provision remains as beginning compliance. Based on my interviews with residents and review of documentation, there is a lot of contraband coming into the facility that needs to be addressed. This amount of contraband is creating a dangerous environment which is evident by cigarettes and a lighter found on Resident R. T. (incident report dated May 23, 2014.) and Resident K.T. (incident report dated May 29, 2014) was a found with a lighter, cigarette and proceeded to start a fire in his room. This incident sparked an evacuation of residents from the unit. In addition, see provision 11.6.

As it relates to proper intake and safety and security in a secured environment, the following must exist. Security (secured) is defined as “being free from danger or risk of loss: safe, fear from fear or doubt, anything that gives or assures safety”. Security is an intricate and essential component of a juvenile detention facility. The process for admitting a resident to detention is extremely important. There is an art to getting residents fully and smoothly involved in the detention program. The admission process is what it called the “critical hour” because it is the first encounter with the resident. It is the first impression, sets the tone and it establishes the ‘flavor’ for the entire stay in detention. Detention is a complex situation, placing troubled residents together in a confined environment with high levels of uncertainty. The risk for problems is very high for both residents and staff. Good detention facilities supply staff with a substantial amount of information at admission. Since the first moments are critically important because it sets the tone it is important to have the best staff assigned to admissions .In addition, It is very important staff understand that youth are coming off the street based on being arrested and the staff are not aware of where these youth are coming from and if they were properly search by the admitting police officer and there are natural consequence when this process is not completed correctly. Therefore, to be clear the following should apply to residents being searched upon entering the facility. When staff are authorized to conduct a strip search, these guidelines should be observed for the staff’s protection:
 a strip search should occur only after staff have had training on how to conduct a strip search
 strip searches should be conducted in a private area of the detention facility
 staff must maintain a professional demeanor throughout the process

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 the resident should be asked to remove all of their clothing, and staff should refrain from inappropriate comments and staring
 staff should not touch a resident during a normal strip search  staff are only permitted to conduct a strip search on a resident who is of
the same sex Drug-related offenses, violent offenses, and serious felony offenses do constitute a reasonable suspicion to conduct a strip search. Additionally, the frisk search at admission and the inventory search of property may uncover contraband that creates a reasonable suspicion to conduct a strip search. Staff should be advised to conduct a strip search on all juveniles at admission. ACA recommends completing a strip search as part of the admission process. In the absence of case law on the subject, conducting a strip search as a routine part of the admission process is advisable. Body-cavity searches are to be conducted by a licensed health care provider with the authorization from the responsible physician and facility administrator; staff should never conduct a body-cavity search. Specific reference is made to a visual, manual, or instrument search of a residents’ anus and/or vagina. (Desktop Guide for Good Juvenile Detention)1
Based on the above, additional staff is required and the intake area must be stabilized as it relates to permanent and trained staff in the area. During my observation of the area, the facility continues to move staff in and out of the area which does not provide adequate coverage. Again, staff is being pulled throughout the building to complete the admission process. Therefore the statement below still stands.
Based on my observations and review, as stated in my last report, the facility does have policy and procedures for this provision. During my interview with residents I found no residents who acknowledged there was inappropriate intrusion during the search process upon their admission to the facility. I did review the process, and to become further compliant with this provision there must be documentation of the policy and documentation of staff training on this procedure. Although this is an area of concern, strip searching is necessary to ensure no contraband enters the facility. As long as searches are conducted in a humane manner by an officer of the same sex as the resident, no resident’s rights are being violated. My greatest concern was that in my interviews I learned that some of the residents reported that they were not searched before being placed on a unit. The process I observed was very loose and not well structured. It is important that the officers follow the policies and procedures as
1 Although, this provision may need modification, I understand that Hinds County has ceased its practice of strip searching residents during the admission process at HenleyYoung unless there is an articulable suspicion that a resident possesses weapons, drugs, or contraband and is in the process of implementing a policy that complies with the consent decree.
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Recommendations

they direct this process. Failure to follow these procedures presents the possibility of having a very dangerous situation in the facility. The facility must follow its policies and procedures to provide a safe and secure environment. Continue to comply with this provision.
1. Staff must be provided with the necessary training with information stating the trainer, name of the training class/course, time, date and location of training.
2. This documentation should be kept and logged in facility records 3. Provide enough staff for adequate coverage 24/7.

Evidentiary Basis Document review, observation, interviews

2 Staffing and Overcrowding

Provision 2.1 Staffing and Overcrowding

Within 90 days of the date of this agreement, Henley-Young shall operate with a direct care staff to resident ratio of 1:8 from the hours of 6:00 a.m. until 10:00 p.m. and a ratio of 1:10 from the hours of 10:00 p.m. to 6:00 a.m.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance. Please see my introduction as it relates to inadequate staffing. I am concerned that without appropriate staffing levels this provision will not be able to advance. Even though the County has hired new direct care staff, because of turnover it becomes a sum zero gain. In addition, the seven staff interviewed, six were new hires with the longest being there three months. Inadequate staffing continues to place the facility in a liable state. Nothing in the below statement from my last report (6th) has changed.

Therefore my statements below still stand.

In my interviews with staff and my review of the documents the facility is still falling short of the needed staff to properly run the facility. In the introduction I addressed the fact that the facility is hiring staff. However, attrition is negating the value of the new staff. Staffing continues to be a challenge at the facility. Although the County has allocated funding for several new positions, there are still times when residents are left unsupervised or the ratio far exceeds the staffing. According to the residents and staff “they are always short. And we must lock the residents down for safety.”

Based on my previous review, I am again reiterating that although the facility is not overcrowded it still suffers from staff shortages. Since the facility is short on staff, the staff members are under pressure to keep the peace at all cost. Several officers I interviewed during this visit continued to express concerns regarding their ability to do their jobs, citing staffing as the problem. One

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officer stated that staff members avoid conflict with the residents by “letting things slide.”
This is another indication that when there is not sufficient staff available, officers have a tendency to not engage residents on their inappropriate behavior, which in turn affects any structured programming. Again, the Henley-Young officers are compelled to react to minor misbehaviors, out of fear that small situations will become big ones. As stated in my last report, they are locking down residents that present potential conduct issues so other residents will be safe. Further, the officers are not equipped to handle residents with mental health problems. This thinking only exacerbates a resident’s misbehavior when they are outside their rooms because they have nothing to lose because their misbehavior only gets them a return to their rooms. The approach is counterproductive and not in line with good juvenile detention practices. Because there are no qualified mental health professionals at Henley-Young, residents are isolated and their needs are not being met. This situation places direct care staff in a quandary on how to handle these residents. Without regular access to mental health professionals, children often deteriorate and staff members become apprehensive regarding their next step, so isolation becomes the norm. This should be addressed by the new director.
During this visit my observations and my record review revealed that because of the inadequate staffing levels there are no consistent security checks of residents who are placed on behavior management or isolation. There were residents placed on behavioral management and isolation without the appropriate documentation on the doors. This indicates that the residents are not being properly observed during this period, and that no records are being made of the residents’ behavior while in behavior management or isolation. Therefore, there is a need for major training as it relates to behavior management and isolation of residents at Henley-Young.
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Recommendations Units

Day Shift Evening Shift Night Shift Total

A officer

3

3

2

8

B officer C officer

3

3

2

8

3

3

2

8

D officer

3

3

2

8

Intake

1

1

1

3

Master Control

1

1

1

3

Staff for Court

Transportation

2

2

4

Internal

Transportation

2

2

4

Laundry

2

2

4

*Director

1

*Deputy Director

1

*Operation

1

Manager

Supervisors

3

3

2

8

26

23

Duty Post Staffing/Administration

12

61

61 Direct care/supervisor/laundry staffing X 1.5 Relief Factor—Total staff needed to effectively operate the facility—91.5 1 to 8 Awake —1 to 10 Sleep

Evidentiary Basis

Misc. post coverage Medical/MH Hospital Runs One on One MH/Medical Visitation *Administration *Maintenance
Document review, observation, interviews

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Provision 2.2 Staffing and Overcrowding
Status Discussion

If the staff-to-residents ratio falls below the requirements of section 2.1 for longer than two (2) days, the Director or his assignee shall immediately identify residents accused of nonviolent offenses who are eligible for less restrictive alternatives to secure detention and request an emergency release for eligible residents from the appropriate Residents Court. The maximum capacity of Henley-Young shall be calculated by determining how many direct care staff members can supervise residents in accordance with section 2.1. The current maximum capacity of Henley-Young is 84.
Substantial Compliance
The facility has moved to substantial compliance on this provision based on my review of documents, interviews and observations. The facility does have policies and procedures in place signed by the Court Administrator, the YC Judge and the Executive Director.

Although the facility has not reached its maximum capacity of 84 there is a procedure in place to ensure steps are taken for releasing of residents who meet the criteria.
Recommendations Continue to provide training to ensure that everyone is aware of the new policy and prepared for implementation should the need arise.
Evidentiary Basis Document review, observation, interviews

Provision 2.3 Staffing and Overcrowding Status
Discussion

No more than one resident shall be placed in a one-person cell.
Substantial Compliance The facility has moved to substantial compliance on this provision. I found no indication that the facility had more than one resident in a room.

Recommendations

The facility has developed policies and procedures for this provision.
1. Develop and provide adequate training for this provision. 2. All training shall be documented.

Evidentiary Basis Document review, observation

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3 Cell Confinement

Provision 3.1 Cell Confinement

Residents shall be engaged in structured, rehabilitative, and educational programming outside of their cells during the hours of 7:00 a.m. to 9:00 p.m. each day, including weekends and holidays.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance therefore the facility should still follow the recommendations below.

Therefore my statements below still stand. In addition, as it relates to the school, since there has not been an evaluation of the school, I would be recommending an external audit by a qualified educational consultant.

During this visit, I still found no indication that structured rehabilitative and educational programming was occurring. There was no posting of activities within the facility and I found no documentation.

Recommendations

Please review the introduction as it pertains to activities, recreation and programming. As to the school I direct you to read the introduction and I further recommend that the school be fully evaluated. My review of the files showed that there is no case management within the facility as a whole. According to the residents, their basic recreation consists of playing cards and dominoes. They are allowed to go outside but there are no scheduled activities. Other than sitting on the bleachers and playing basketball for those who are engaged in that sport, there was nothing for residents to do. There are no positive behavioral management programs within the facility.
1. Develop policies and procedures for this provision. 2. Review the schedules to be sure that they adequately reflect all daily
activities. 3. Develop positive behavior management systems with rewards and
consequences. 4. Remove the dark film from the Plexiglas in towers on unit which
would allow staff to view the unit without there being visual obstruction (when lights on). Executed 5. Develop monthly recreation schedule. 6. See all of the recommendations for recreation activities and programming and for the school in the introduction.

Evidentiary Basis Document review, observation, interviews

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Provision 3.2 Cell Confinement
Status Discussion

Except when residents are in protective custody or confined subject to section 3.3 of this Settlement Agreement, residents placed in the Suicide or Booking cells shall be allowed to spend the hours of 7:00 a.m. to 9:00 p.m. on the appropriate living unit and to have the opportunity to engage in structured, rehabilitative, and educational programming, unless medically counter-indicated.
Non-Compliance
The status of this provision remains as non- compliance. Based on my review of documents, interviews with residents and staff, and observations, residents are still being held in the booking area when they are placed out of school for behavior issues. Also, I found no structured rehabilitation or education programs for residents when they were out of the general population. It should be noted that because there is a lack of appropriate staffing, residents are being held in cells in the intake area as a means of housing and behavior management. This is counterproductive to any rehabilitation efforts and is creating major stress for staff and residents. The stress is being created because there is no adequate and/or structured programming available when residents are placed in this area of the facility. Therefore the statement from my previous report (6th) stands.
My review of documents and observations showed that the facility still has not developed policy and procedures for this provision. During my review, I found residents on the unit living area still not being supervised. Again, as stated in my introduction, there were residents who were not allowed to attend school for the remainder of the day after returning from court. This is an issue that needs to be addressed immediately. I observed one female resident who wanted to return to school but was not allowed. As stated previously, I recommend that students who are disruptive in the classroom and are removed from the classroom receive either behavioral management or are written up and receive due process. However, they should continue to be a part of the educational process. The school needs to revise any policies they may have regarding suspension of students from a school within a controlled environment. A student cannot be suspended from school in a detention facility therefore the school needs to develop a better behavioral management system. If a resident is removed from school due to behavioral problems that resident should never be placed in the booking area.
The facility still needs to develop data collection tools to use to determine and identify who is placed on units, time, length etc. when they are placed out of school. The facility remains non-compliant with this provision, therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.

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Recommendations

1. Follow recommendations as set forth in section 3.1. 2. Develop adequate policies and procedures for this provision. 3. Develop data collection for residents who are placed in protective
custody or confinement. 4. Residents who are removed from school should be placed in a
designated living area.

Evidentiary Basis Document review, observation, interviews

Provision 3.3 Cell Confinement
Status Discussion

Residents who pose an immediate, serious threat of bodily injury to others may be confined in their cells for no longer than 12 hours at a time without administrative approval. Residents who are placed on cell confinement for this reason shall be released from their cells daily to attend school, maintain appropriate personal hygiene and to engage in one hour of large muscle exercise. Staff must perform visual checks on residents who are subject to cell confinement every 15 minutes. Staff must document all instances of cell confinement in writing and must document the justification for determining that a resident poses an immediate, serious threat of bodily injury.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents, interviews with residents and staff and observation, residents are still being confined in their cells for long periods of time without any documentation. During this visit, I found residents in their rooms due to the lack of adequate staff at the facility. Even in my document review, staff are complaining that there is not ‘enough staff’ and that they ‘have to rotate residents in and out’ of their cells for meals and any outside recreation that they can. During this visit, I also found residents locked in their rooms that were not in school; there were five on A pod and 12 on B pod with only one staff attempting to monitor both pods. In addition, residents that finished their court cases were also locked down on the units. According to one officer, the residents are locked down because “we have very little for corrective actions and that we need more staff” and “bring the place to at least the 19th century”.
Therefore the statements below from my previous report (6th) still stand.
During this visit, I did find that the facility has developed a system for procedural due process for facility violations. However, I did not find any indication of 15 minute checks performed while residents were confined to their rooms. The facility still needs to develop policy and procedures and train staff on the process. In my interviews with staff, I learned that they are unfamiliar with any due process isolation policies and procedures. As stated in my previous report I did review the new forms developed, they are aligned with best practices, however they are not being appropriately used.

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Recommendations

See my discussion of this matter in the introduction. Though processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and standardized way of running the facility.
1. Develop adequate policies and procedures for this provision. 2. For residents placed in their rooms, develop forms that indicate the
time residents will be in their rooms and post it on their doors. 3. Ensure that supervisors sign off on the form in 15 minute staggered
visual checks when residents are placed in their rooms. 4. Develop a system of major and minor consequences for behavior. 5. Develop form for 15 minute checks and include in policy.

Evidentiary Basis Document review, observation, interviews

Provision 3.4 Cell Confinement
Status
Discussion

Residents shall not be automatically subjected to cell confinement and/or isolation upon their admission to Henley-Young unless he or she would be subject to cell confinement under section 3.3.
Non-Compliance
This status of this provision remains as non-compliance, therefore my discussion below still stands.

Recommendations

As I address this provision, I must first state that the violation of this provision is directly associated with the lack of staff to properly admit residents to the Henley-Young facility. The facility is still coordinating this provision with provision 3.3 and policies and procedure are still in developmental stages. Once completed training and documentation will need to be addressed. However, during my visit on several occasions, I observed residents that were placed in their rooms and locked down because there was a lack of staff, with no orientation and no freedom to move about the unit. This can only be addressed when there is enough staff. No residents should be gratuitously subject to lock down. Please review my introduction.
1. Develop adequate policies and procedures for this provision. 2. Ensure all staff is trained and document training. 3. See provision 3.3

Evidentiary Basis Document review, observation

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Provision 3.5 Cell Confinement
Status Discussion

At all times between the hours of 7:00 a.m. to 10:00 p.m., at least one direct care staff shall be stationed on any living unit where two or more residents are placed, and direct care staff shall be actively engaged with residents. From 10:00 p.m. to 7:00 a.m., staff shall conduct visual checks on residents every 15 minutes. Henley-Young shall ensure that every cell has an operating intercom that allows residents to communicate with staff at all times.
Beginning Compliance
The status of this provision remains as beginning compliance, therefore my discussion below still stands.

Recommendations

The facility has developed a policy and procedures regarding this provision. Again due to the lack of staff, it is very difficult for the facility to address this provision. During this visit I found residents were left unsupervised as stated in my previous reports and this continues to happen. Residents were still left alone on the unit; residents were locked down on A unit while B unit residents were out (see exhibits D-1 to D-3). Basically the facility was rotating residents out on living units to accommodate the shortage of staff. Again, residents were on the unit without supervision although one staff was in the tower. There were doors opened on the unit which also allows for serious things to happen between residents. This is a major area of concern and must be addressed. It continues to make me uneasy as it has during my previous visits. Review of documentation and direct observation reveals that staffing continues to be a major problem at Henley-Young. The facility remains non-compliant with this provision, therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action. Since a policy has been developed this provision remains in beginning compliance, see introduction.
1. Develop adequate policies and procedures for this provision. 2. Provide adequate staffing. 3. Provide adequate staff supervision.

Evidentiary Basis Document review, observation, interviews

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4 Structured Programming

Provision 4 Structured Programming

Henley-Young shall administer a daily program, including weekends and holidays, to provide structured educational, rehabilitative, and/or recreational programs for residents during all hours those residents shall be permitted out of their cells, pursuant to section 3.1. Programming shall include:
a. activities which are varied and appropriate to the ages of the residents;
b. structured and supervised activities which are intended to alleviate idleness and develop concepts of cooperation and sportsmanship; and
c. Supervised small group leisure activities, such as a wide variety of card and table games, arts and crafts, or book club discussions.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance, therefore my statements below still stand.

The residents continue to play cards, play basketball and watch television. The problem is that there are no formalized, regulated, scheduled, daily activities. When a facility operates in this type of chaotic fashion it leads to upheavals in the residents’ behavior and confusion for the staff. Because there is no one dedicated specifically to recreation the present recreation program is little to none.

Recommendations

The facility had developed a daily schedule however because of inadequate staffing, the schedule is not followed. During this visit, there were no arts and crafts programs and no structured or supervised activities. The schedule that was once posted no longer exists. The facility still needs to develop this provision. It remains non-compliant with this provision, therefore I am reiterating that the suggested actions and recommendations from this report be reviewed and put into action.
1. Continue to develop adequate policies and procedures for this provision.
2. Provide adequate schedules for weekdays and weekend programming and act on it.
3. Develop an adequate monthly recreation schedule with age appropriate games and programs.
4. The facility need to hire an officer dedicated to developing and monitoring recreational programs.

Evidentiary Basis Document review, observation, interviews

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5. Individualized Treatment Plans Treatment For Post-Disposition Residents

Provision 5.1 Individualized Treatment Plans Treatment Program for PostDisposition Residents

Henley-Young shall ensure that residents have access to adequate rehabilitative services. Henley-Young shall ensure that children placed in the facility post-disposition will receive constitutionally compliant rehabilitative services.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance, therefore my statements below still stand.

See the discussion of the 89 day program in the introduction.

Recommendations

Since there is no structured programming outside of individual counseling, the County may want to hire case managers to provide initial and ongoing case management services (i.e. treatment planning, family assessments, educational assessments, referrals for mental health or health services). Also the case manager will identify indicators of goals achieved, specify the person responsible for implementing the resident’s and family’s treatment goals; update treatment plans; and develop discharge plans with recommendations. In addition, the facility needs counselors who are responsible for a resident’s safe adjustment to secure confinement.
1. Develop adequate policy and procedures to meet this provision. 2. Either fund properly or discontinue the 89 day program. 3. Review light weight residents in program (i.e. disturbing the family
peace) and find alternative placement for them. 4. Fund appropriate staffing to develop individualized treatment plans
for residents in 89 day program. 5. Develop and fund alternative community programming for residents
in 89 day program that can be serviced in community. 6. Hire 3 case managers who are assigned and work for the facility
director.

Evidentiary Basis Document review, observation, interviews

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Provision 5.2 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall ensure that residents in need of mental health and/or substance abuse treatment and/or who are in the facility post disposition shall have appropriate treatment plans developed and implemented in accordance with generally accepted professional standards of practice for mental health and rehabilitative services.
Non-Compliance
The status of this provision remains as non-compliance, therefore my statements below still stand.

Recommendations

Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating the action and recommendation from my previous report below.
Residents entering the facility pre or post disposition (89-day program) still have no treatment plan as it relates to mental health although some residents are being seen by Hinds Behavioral Health counselors. Once a resident enters the facility and the screening shows evidence and warning signs of suicidal ideations, traumatic experiences, depressed moods, and/or somatic complaints etc. that are indicated by the MAYSI-2, the residents should be evaluated and have a treatment plan developed.
There is no documentation to show that treatment was provided to residents based on identified warning signs; there are no treatment plans available, and there is no mental health staff available to implement the treatment plans. Also, I found no treatment plans for residents that were currently at the facility or post treatment plans for residents leaving Henley -Young. Interviews with staff showed they were very frustrated with the lack of mental health services at the facility. In addition, there is no functional system in place to address residents with mental health issues or exhibiting mental health behaviors. Also, residents having problems within the school should at least have an IEP to determine whether they are in need of placement within the special education program over and above any need for mental health services. At this point, there is no indication that any mental health services, beyond the MAYSI-2 are being provided other than those services provided by Hinds Behavioral Health which is limited at best. However, I found no documentation of any services provided to residents at Henley-Young (i.e., treatment plans, screenings or evaluations .etc), see introduction.
1. Develop adequate policies and procedures for this provision. 2. See recommendations under (5.1).

Evidentiary Basis Document review, observation, interviews

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Provision 5.3 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status Discussion

Henley-Young shall implement policies and procedures for the required content of treatment plans, which shall include;
a. That the treatment plan be individualized; b. An identification of the mental and/or behavioral health and/or
rehabilitative issues to be addressed; c. A description of any mental health, medication or medical course
of action to be pursued, including the initiation of psychotropic medication; d. A description of planned activities to monitor the efficacy of any medication of the possibility of side effects; e. A description of any behavioral management plan or strategies to be undertaken; f. A description of any counseling or psychotherapy to be provided; g. A determination of whether the type or level of treatment needed can be provided in the resident’s current placement; and h. A plan for monitoring the course of treatment, and if necessary, for revising the treatment plan. i. A description of the precise terms the of the facility’s long-term and short-term objectives for the residents, the full range of services to be provided, and procedures, and timetables and staff assignments for the implementation of such treatment plan; j. A plan for regularly engaging the family in the resident’s treatment plan; k. A comprehensive re-entry plan that will assist the residents re-enroll in their home school and access medical, mental health, Vocational and rehabilitative services based in the community.
Non-Compliance
The status of this provision remains as non-compliance, therefore my statements below still stand.

Recommendations

The facility still has not developed policy and procedures for this provision. Please see previous report. As stated in provision 5.1, the facility still needs to develop the appropriate program structure with adequate staffing, adequate therapeutic treatment, supervision, education, etc. Henley-Young is still non-compliant as it relates to this provision. Because there has been no movement on this provision, I am reiterating the actions and recommendations from my previous report below. See introduction.
1. Develop comprehensive policies and procedures for this provision that includes the contents (A-K).
2. The County/Court shall define the criteria for the program a. It is important that post dispositional programs in other facilities be reviewed. b. Often seeing what is being done in other facilities provides insight into how to develop and operate these programs.

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3. Provide dedicated staff to manage program. 4. Provide intensive training to these staff members.
a. Train staff in various treatment modalities i.e. cognition, behavioral modification, modeling, psychotherapy, reality therapy, group therapy and group dynamics and other skills required to successfully facilitate the goals of the 89 day program.
b. Create treatment teams c. Develop case planning and program development d. Assessment of the program to determine if it meets the needs
of the court placed residents. e. Assessment tool to regularly monitor the success or lack of
success of all residents in the program. 5. Provide auxiliary training to all other direct care staff.
Document review, observation, interviews

Provision 5.4 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall institute a program of periodic staff reviews every three weeks and evaluations of each resident’s progress under his/her individualized treatment plan and of the appropriateness of the plan itself and Henley-Young’s plan for such review.
Non-Compliance The status of this provision remains as non-compliance, therefore my statements below still stand.

Recommendations

Based on my review of documents and observation, services are still not in place and are not being provided for this provision. I am reiterating the actions and recommendations from my previous report below. Please see the previous report and provisions 5.1 and 5.3, take note of the discussion of these issues in the introduction.
1. Develop comprehensive policies and procedures for this provision. 2. Provide training to all staff. 3. Identify roles and responsibilities of direct care, treatment and
educational staff as it relates to the staffing for 89 day program through policies and procedures and adequate funding and staffing.

Evidentiary Basis Document review, observation, interviews

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Provision 5.5 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement a program that provides for evening and weekend programs and activities that allow residents to engage in meaningful activities.
Non-Compliance The status of this provision remains as non-compliance, therefore my statements below still stand.

Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating the actions and recommendations from my previous report below. The programming of the facility is at a standstill as it relates to this provision. There are very few activities on weekends therefore there is no meaningful programmatic, structured activities except for card playing and dominoes. Take note of the discussion of these issues in the introduction.

Recommendations

1. Develop comprehensive policies and procedures to meet the needs for this provision.
2. Provide adequate staffing for this program. 3. Develop a monthly recreational program with activities. 4. Keep records of activities provided and note those that were not
provided and why. 5. Purchase board games etc. 6. Hire recreational staff.

Evidentiary Basis Document review, observation, interviews

Provision 5.6 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement an adequate quality assurance program.
Partial Compliance The facility has moved to partial compliance on this provision. A review of documents and interviews with the QA staff reveals that they are moving in the right direction. However, they will need support from the administration to ensure that there is follow through on their recommendations. The data

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that the QA managers are collecting is on the right path to fulfilling this provision. However, I will continue to offer technical assistance to ensure that the data is used to achieve effective outcome measures and assist with development of policies, procedures, protocols and training. In addition, the outcome measures should be quantifiable (measurable), events, occurrences, conditions and behaviors. This data should be collected continuous and analyzed periodically. In addition, the QA coordinators are being pulled away from their assigned duties to provide occasional supervision and direct care work based on my review of documents and observations. This again creates a cycle of staff whiplash because there is a lack of focus, structured working environment.

As it relates to due process it is important that the hearing officers are well versed in the ACA standards as to the handing out of disciplinary consequences for charges during hearings. There are specified ranges for major and minor offenses. Also, there is no place for cumulative discipline, because part of the due process is to deter negative behavior at its first occurrence. Also, many residents are placed on isolation with no due process, to the point that it appears to have become a behavior program. There is no record of the time, or the reason for these actions. It concerns me that this is another example of creative action when there is not enough staff or enough programming to better address these issues.

Therefore my statements below still stands at it relates to the treatment program.

The facility’s policies and procedures for an individualized treatment program for post disposition residents have not been presented or approved.

Recommendations

It should be noted that the courts must also be involved in the development of the quality assurance program. There must be a system in place to evaluate the 89-day program when residents are assigned to it. In addition, data should be collected and retained to determine if the program is achieving its expected outcomes. It is very difficult to develop an effective treatment program or individualize treatment plans without an adequate review of the processes in place.
1. Develop comprehensive policies and procedures to meet the needs for this provision for the facility, school program and SICU program.
2. Health Care: continuously assess the quality and adequacy of the health services provided, accurately evaluate the performance of staff providing health services and address identified deficiencies.
3. Recreation and Social programs: continuously assess the quality and adequacy of social and recreational programming provided; accurately evaluate the performance of staff in providing these

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programs. 4. Environmental Health and Safety: continuously assess the quality
and adequacy of environmental health and safety, accurately evaluate the performance of staff in providing a safe and healthy environment and properly address identified deficiencies. 5. Discipline and order: continuously monitor use of discipline and promptly address misuse or over use of discipline and other identified deficiencies. 6. The facility must continue to develop monthly performance measures to indicate achievement in the desired area. 7. Review State of Florida Quality Assurance Model and for assistance in developing contact CJCA Performance Based Standard for Juvenile Detention Programs, also use ACA standards to establish policy guidelines. 8. Develop data collection system
Document review, observation, interviews

6 Due Process/Isolation/Disciplinary Practices and Procedures

Provision 6.1 Disciplinary Practices and Procedures

Henley-Young shall implement a discipline policy and practice that incorporates positive behavior interventions and supports. This policy shall include guidelines for imposing graduated sanctions for rule violations and positive incentives for good behavior.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance. I reviewed all of the due process hearings submitted to me from February to June, 2014. I found many problems with them. First there are too many reporting forms. The County needs to develop a single reporting form to be used by all persons reporting on any single accident. Second, the facility needs to train all staff members on how to write a report, what it should provide, and how it is to be developed; (the who, what, when, where and how of the incident). This is one of the places that language is extremely relevant. Reports should be written in first person with the writer only identifying themselves once. They should be reviewed by a supervisor for succinctness, accuracy and clarity, edited by writer if needed then approved upon submission.

Therefore my statements below still stand.

This is a critical component of the disciplinary and behavioral management process to ensure residents are treated fair, humane and that there is no misuse of the isolation and disciplinary process (review the introduction regarding this matter). The facility is implementing a due process behavior system which is partially complete. Based on my review of the documents

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Recommendations

the facility has initiated due process hearings, however staff officers are not adequately trained and the residents are not aware of the infractions and consequences because that have not received proper orientation to the program. The bottom line is there is no adequate orientation for entering the facility. There is still no positive incentive program for good behavior and sanctions for rule violation. Based on my review of documents and observation, positive behavioral intervention and supports are not in place and are still not being provided for this provision. I reiterate, the suggested actions and recommendations from my previous report. The facility should continue to follow the recommendations from the previous report. The facility is making improvement on the due process isolation and practice procedures. Although processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and standardized method of running the facility.
1. Develop adequate policies and procedures for this provision. 2. Develop new resident handbook. Residents are to receive these
handbooks during orientation. a) They shall include resident’s rights, major and minor rule violations
and the grievance policy. b) The handbook will explain to residents in their own language the
rules and shall also be explained by staff that will have them sign and date a form indicating that both processes have occurred. c) These rules shall be posted on each unit. 3. Due process rules shall be posted on each unit. 4. Develop positive behavior intervention programs. 5. Assign and train an independent person(s) to handle due process isolation hearings. The person(s) must be independent of the unit staff. 6. Ensure residents who are in isolation are provided recreation and education services.

Evidentiary Basis Document review, observation, interviews

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Provision 6.2 Disciplinary Practices and Procedures
Status Discussion

Residents who violate major rules may be subject to cell confinement for up to 24 hours for a single rule violation. An occasion in which a resident is alleged to have contemporaneously violated multiple major rule violations shall count as a single rule violation for the purposes of this section. No residents shall be confined to a cell for longer than 8 hours for a single rule violation without receiving written notification of the alleged rule violation and the occurrence of a disciplinary review/due process hearing before an impartial staff member, which includes participation by the accused residents. Under no circumstances shall residents be subjected to involuntary cell confinement for longer than 24 hours for disciplinary purposes. Residents who are placed on cell confinement shall be released daily from their cells to attend school, maintain appropriate personal hygiene, and to engage in one hour of large muscle exercise.
Non-Compliance
The status of this provision remains as non-compliance, therefore my statements below still stand.

Based on my review of documents and observation, adequate disciplinary practices and procedures are not in place and are still not being provided for this provision. I am reiterating that the suggested actions and recommendations from my previous report be put into action and restated in the introduction.

During this visit, I did find residents who were placed in their rooms based on a due process hearing. However, there was no documentation placed on their door to determine why the residents were in their rooms for any length of time. Staff appeared to be placing residents in their rooms randomly without any supervisory approval. This should be addressed as soon as possible.

As it relates to a due process hearing, residents that commit major rule violations should be referred for a due process hearing based on the incident reporting process. When residents are accused of a major rule violation, they should be provided with a notice of the violation and an explanation of their right to have a hearing in which they are able to present their side of the event, call witnesses on their behalf and ask for staff representation if it is requested. The hearing officer is required to interview the resident and any parties that observed the incident. Residents who require a due process hearing who are on the mental health case load should have a qualified mental health professional determine whether being placed in isolation could cause a decline in functioning or any other relapse. The hearing officer may impose a variety of sanctions including the lost of privileges, restrictions, or isolation. The hearing officer may credit the resident for any time serve in behavior management isolation pending the hearing. The

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residents have the right to appeal the decision of the hearing officer to the Director. My review of documents and interviews with staff and residents revealed the need for additional training to take place regarding this process. The staff and residents were unfamiliar on how the process works; therefore it is critical for the facility administration to review their policy and procedure on due process. It should also be noted that residents must see the process as fair.
1. Develop policies and procedures for this provision. 2. Develop sheets to place on door of any residents in confinement that
identifies the reason for confinement and is review and signed by supervisor. 3. Ensure residents in confinement receive education and recreation services. 4. See 6.1 recommendations. 5. Provide training for all staff on these policies and procedures.

Evidentiary Basis Document review, observation, interviews

7. Use of Restraints

Provision 7.1 Use of Restraints Mechanical

Mechanical restraints shall not be used to punish residents or for the convenience of staff. Mechanical restraints shall only be used to prevent self-harm and/or harm to others, subject to section 7.4, and for transportation to and from court, subject to section 7.2.

Status

Beginning Compliance

Discussion

The status of this provision remains as beginning compliance, even though the facility does have a policy and procedure as stated in my previous report (6th). However, based on my review of the documents and my observations during my visit to the facility, I have noticed a substantial increase in the usage of mechanical restraints from previous visits and document reviews. During this visit, I observed staff carrying around handcuffs on their person. This is an area that was discussed during my initial visits to the facility at which time handcuffs were taken from staff and deemed to be used only as a last resort. During my most recent visit, the staff is back to carrying handcuffs, and in reviewing the most recent documents, handcuffs are again being used as a substitute for de-escalation techniques. In my review of documents, I also found that incident reports were not fully reflective of what occurred as it relates to the use of restraints. An example would be one officer would document the use of restraint in an incident however another officer would not mention the use of restraints in their report on the same incident. Therefore, incident reports from all involved should

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Recommendations

accurately reflect what occurred as it relates to the incident. The administration should review what has happened for staff to revert back to carrying handcuffs as this was previously addressed at the beginning of this process.
1. Officers shall receive training on policy and procedures. 2. Officers shall be trained on when it is appropriate to use mechanical
restraints. 3. All training shall be documented. 4. The policy will require the documentation of any use of mechanical
restraint and use of force incidents. 5. Restraint log should be implemented.

Evidentiary Basis Document review, observation

Provision 7.2 Use of Restraints Mechanical
Status Discussion

Nothing in this section shall prohibit mechanical restraints from being placed on residents who are being transported to and from court or out of the facility, if staff have reason to believe that a residents presents a flight risk or is an imminent danger to the residents or others, or will engage in violent behavior. However, mechanical restraints should be removed immediately after the resident is placed in a cell and at no time shall a resident be placed in a cell wearing mechanical restraints.
Beginning Compliance
The facility has reverted back to beginning compliance on this provision. As stated in the above provision 7.1, in review of numerous documents handcuffs and shackles are being used more frequent then in the past. For this reason the provision has been moved back to beginning compliance. The question that must be answered is why this is occurring and is there data to support the increase usage of handcuffs and shackles. The answer is yes in your due process incident reports and other records of these actions. As stated in my previous report I find no evidence of a deescalation process used prior to placing residents in mechanical restraints. For example the issue with resident A.H. on April 19, 2014 in which the resident was not only placed in a room with handcuffs on but he was able to remove them. He was again handcuffed. This resident was again able to remove the handcuffs and threw them at the officers while he was in the room. It was discovered that the resident had a key to the shackles! Resident A.H was handcuffed a third time while in the room. In another incident dated March 13, 2014, I viewed Resident J.F. on a video that showed he was handcuffed inside his room for approximately 45 minutes. Because there is not enough staff available and not enough programs in which to place troubled residents, the officers have resorted to creative solutions to address these problems – solutions that are harmful to residents and violate the consent decree.

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There must be a major training on the use of de-escalation techniques and a serious need for mental health services at Henley Young. It appears in reading documents that restraints and handcuffs have become a normal practice at the facility. There also must be adequate supervision of staff to ensure mechanical restraints are not misused.

Recommendations

1. Develop and provide remedial training for this provision. 2. All training shall continue to be documented. 3. The policy will require the documentation of any use of
mechanical restraint and use of force incidents. 4. Operationalize the edicts of this provision. 5. Additional supervision needed to ensure mechanical restraints are
not misused.

Evidentiary Basis Document review, observation

Provision 7.3 Use of Restraints Status Discussion
Recommendations

Restraints shall not be used to secure residents to a fixed object such as a restraint chair, bed, post, or chair.
Partial Compliance
The facility has moved to partial compliance on this provision. During my interviews with residents, document reviews and observations, I found no indication that residents were being secured to fixed objects in the facility. However, to move past partial compliance the facility still needs to follow the recommendations (2, 3 and 4) below.
1. Complete the comprehensive policies and procedures for this provision.
2. Provide training for staff within the facility as described above on this provision and provide documentation of training.
3. Develop and use a mechanical restraint log. 4. Provide training on de-escalation techniques to try to use mechanical
restraints only as a regular part of facility transport. 5. Additional supervision needed to ensure mechanical restraints are
not misused.

Evidentiary Basis Interviews, observation and document review

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Provision 7.4 Use of Restraints Status Discussion
Recommendations

No residents shall be restrained for longer than 15 minutes, unless restraints are approved by a mental health professional or if determined to be necessary under section 7.2 or as reasonably necessary to prevent the residents from engaging in acts of self-harm or harm to others. If a residents must be restrained for longer than 15 minutes in order to prevent self-harm, that residents shall, as quickly as possible, be evaluated by a mental health professional or transported to a mental health facility.
Beginning Compliance
The status of this provision remains as beginning compliance; again, as stated in my previous report, policies and procedures have been developed as it relates to this provision. However, the facility still needs adequate mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area. This provision should be included in policy and procedure development once a mental health professional or agency is retained. (Please review the introduction.)
1. Continue to develop comprehensive policy and procedures for this provision with mental health professionals.
2. Provide training for staff on policy and procedures and document training.
3. Provide training on de-escalation techniques. 4. Develop Mental Health protocols for this provision. 5. Hire mental health professional or agency.

Evidentiary Basis Document review

Provision 7.5 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not use, or allow on the premises, restraint chairs, chemical restraints and/or tasers.
Substantial Compliance
I would like to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision. The facility should still ensure that below recommendations continues to be followed.
1. Ensure staff is following policies and procedures as it relates to this provision.
2. Document all training provided to all staff. 3. Ensure firearms and tasers are secured in a lockbox prior to entering
secured area. 4. Retrain staff when deemed necessary.

Evidentiary Basis Document review, observation, video

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Provision 7.6 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not subject residents to “hogtying,” which is the practice of placing a resident’s face down on a bed, floor, or other surface, and securing the resident’s hands to his feet.
Substantial Compliance
I would like to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision. The facility should still ensure that below recommendations continues to be followed.
1. Provide on-going training for staff on policies and procedures. 2. Continue to document all training provided to all staff.

Evidentiary Basis Observation, document review and interviews

Provision 7.7 Use of Restraints Status Discussion
Recommendations

When a resident is placed in mechanical restraints, staff must provide oneon-one supervision for the duration of the restraint, except when mechanical restraints are deemed to be necessary for the reasons specified in section 7.2.
Partial Compliance
The status of this provision remains as partial compliance. Based on my review of documents, I found several incidents where residents were placed in mechanical restraints and there were no one-on-one supervision. As stated in the previous provisions the facility has increased its usage of mechanical restraints and staff is again carrying restraints on their person. This in term sends a message to residents that the first response to a situation will be the application of mechanical restraints. It also reduces the staff willingness to use other de-escalation techniques. Just the visual impact of mechanical restraints can trigger residents behavior (i.e. aggressiveness, physical acting out etc.)
1. Provide on-going training for staff on policies and procedures. 2. Continue to document all training provided to all staff. 3. Ensure that residents who are placed in mechanical restraints are
seen by a medical professional. 4. Restraint log should be implemented 5. Additional supervision needed to ensure mechanical restraints are
not misused.

Evidentiary Basis Document review

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Provision 7.8 Use of Restraints Status Discussion
Recommendations

Henley-Young shall notify a medical professional whenever a resident is placed in mechanical restraints for reasons other than those specified in section 7.2. A medical professional shall examine the residents as soon as possible after restraints are removed, except when the residents was restrained for the reasons specified in section 7.2.
Beginning Compliance
The status of this provision remains as beginning compliance. My review of documents reveals that youths are being seen by medical professionals after the use of mechanical restraints. However, based on my observations and review of documents, I am reiterating that although policies and procedures are developed, there must be adequate training and instruction to ensure that staff complies with policies and procedures. In addition, incident reports must be reviewed by the supervisors to ensure that accurate information is being provided. There is a strong need for accurate and consistent reporting of incidents. When incidents are not reported correctly, the integrity of the reporting system falls into question. This is also a training issue, see provision 7.7. As I have stated previously in my reports there must be a single matching reporting system used by all facility staff including the school. Based on my review, the school uses a different reporting system than the facility. This must be addressed to ensure consistency in the process.
1. Develop comprehensive policies and procedures for this provision.(Executed)
2. Provide training on policies and procedures. 3. Document all training provided to all staff. 4. Ensure that residents who are placed in mechanical restraints are
seen by a medical professional. 5. Ensure that information being reported is accurate and consistent. 6. A single matching reporting system for the entire facility.

Evidentiary Basis Document review

Provision 7.9 Use of Restraints Status Discussion
Recommendations

Hinds County does not currently and shall not in the future allow officers to enter the secure detention area of the facility with any electronic restraints, including, but not limited to tasers.
Substantial Compliance
The facility has moved to substantial compliance on this provision based on my most recent visit and my observations and review of documents. The facility should still ensure that below recommendations continues to be followed.
1. Provide training for staff on policy. 2. Document all training provided to all staff.

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Evidentiary Basis Document review

Provision 7.10 Use of Restraints Status Discussion
Recommendations

Henley-Young is required to ensure that no officer enters the secure detention area of the facility with a firearm.
Substantial Compliance
I would like to commend the facility on maintaining substantial compliance with this provision. Based on my most recent visit and my observations and review of documents, the facility continues to stay in substantial compliance as it relates to this provision. The facility should still ensure that below recommendations continues to be followed. Also see provision 7.9 as it relates to tasers.
1. Provide on-going training for staff on these policies and procedures. 2. Continue to document all training provided to all staff. 3. Have signs displayed at all entrances for securing firearms and
tasers. 4. Staff needs to remain vigilant in ensuring this provision is followed
and ensure that all persons entering the facility are screened and no firearms on their person entering a secured area of the building.

Evidentiary Basis Document review, Observation

8. Use of Force

Provision 8.1 Use of Force

Physical force shall not be used to punish residents. Staff shall only use physical force to stop residents from causing serious physical injury to self or others or to prevent an escape. If physical force is necessary, staff must use the minimum amount required to safely contain the residents. Whenever possible, staff shall avoid the use of force by first attempting verbal deescalation techniques. Staff shall be required to fully document in writing every instance of use of force.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance. The facility still needs to develop policies and procedures for this provision. Based on my review of documents, use of force appears to be escalating and this is basically due to lack of training, staffing and staff/supervision. In reviewing documents and video recordings, staff is making decisions regarding use of force based on instinct and without proper or procedural training. An indication of the extent of this lack of training was evident during an incident on June 7, 2014 when an officer retrieved a blanket from the laundry room while other staff where engaged in a verbal altercation with a resident A.F. and threw the blanket over the resident’s head which in turned completely covered the resident. An officer then grabbed the

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resident around her waist with the blanket and the resident was wrapped inside the blanket and threw the resident on the ground. Then all three officers proceeded to secure the resident by placing handcuffs on her. The resident was handcuffed and shackled and transported back to her unit. On another occasion (4-16-14) youth D.A. had taken her socks off and fashioned them into a noose. After the socks were confiscated, a decision was made to take her clothes and bedding and place her in a suicide prevention suit. According to the report, in order to get her under control, she was placed in handcuffs and a blanket was placed over her so officers could take her bra and pants. First of all, the resident needed mental health services. Secondly, placing a blanket over the resident while she was handcuffed appears to be part of a culture that must be eliminated. Third, the report shows that the Operations Administrator sanctioned the above mentioned practices since he was involved in the restraint. These are examples of staff making decisions based on instinct and not following proper policies and procedures. It also appears as though there is no direction as it relates to the use of force at Henley Young and that anyone entering the facility can provide direction without training or a full understanding of processes. An example would be on May 14, 2014 an incident occurred where residents were placed in a cell in the booking area based on a court employees’ directive because there were visitors with the court employee. It is important to understand there must be a chain of command that enforces protocols, policies and procedures. As stated in my introduction, this type of interaction between Henley Young staff and outside forces creates this management whiplash I discussed. Also staff continues to make reference in their reports that ‘minimal force’ was used however there is no explanation of the force and handcuffs and shackles are not considered ‘minimal force’ therefore the statements are contradictory in action and practice. To reiterate handcuffs and shackles are to be used only as the last resort.
Therefore my statements below still stand.
Based on my review of documents, the facility still needs to develop policies and procedures for this provision. In my review of incident reports, I found that there have been incidents of use of force. However I found no indication that any de-escalation techniques were used. Although officers are doing reports, they are not accurately recording information. When officers are captioning information, it should be truthful, accurate and detailed enough so they can testify on their observations two years from now if needed. It still appears from reviewing documents that report writing training is needed. Also there is a major need for de-escalation and proper restraint training and accurate documentation of incidents. In addition, reports must be legible, in plain English, and specific behavioral terms should be used.
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Regardless of how accurate and useful an observation may be, it has no value to others unless it is recorded legibly. Police and other juvenile detention facilities have addressed the legibility problem by typing their reports. Most agencies are completely computerized, and some are experimenting with laptop computers. Computerized records may eliminate legibility problems for this facility. Some reports are still written in flowing script (cursive) and on various forms .There should be one facility wide form used to capture information. This has been stated in my previous reports. In addition, there is a major need for data collection as it relates to use of force. This was also stated in my previous reports. There is a need for good data point keeping regarding, medical and mental health, education, social services and all other operational services provided to the resident. Good data will assist the facility in determining answers to some of the following examples:
A. The location of use of force B. The number of use of force incidents C. The number of use of force requiring mechanical restraints D. The type of restraint used E. Grievances F. The number of incidents requiring chemical agents G. The number of incidents involving non lethal security devices
(i.e. batons, tasers, etc.) H. The number of use of force incidents resulting in injury to
residents or staff I. Plan of action to address each incident (i.e. disciplinary action,
staff training or remedial training, resident’s isolation, resident’s behavior management, resident’s mental health screening or evaluation etc.) Please review my previous report .These same issues should be addressed.
1. Develop policy and procedures for this provision. 2. Provide training for on policies and procedures 3. Document all training provided to all staff. 4. Adapt an appropriate curriculum for training staff on the use of
verbal de-escalation skill and safe use of physical restraints or mechanical restraints. 5. Revise form to distinguish between physical and mechanical restraints. 6. Contact the National Partnership for Juvenile Justice for recommendations on training program in this area. 7. Document and file report when there is use of force. 8. Ensure any time use of force is used residents are seen by a medical professional 9. Follow the facility’s chain of command which will reduce staff confusion.

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Evidentiary Basis Document review, interviews

Provision 8.2 Use of Force Status Discussion
Recommendations

Henley-Young shall notify a medical professional, including but not limited to the licensed practical nurse on duty whenever physical force is used against a resident. A medical professional shall examine a resident immediately after the use of physical force.
Partial Compliance
The facility has moved to partial compliance on this provision based on my review of documents, interviews with residents and observations. However, additional medical protocols still need to be developed for the medical area. There is still nursing services available from 6:00 a.m. to 8:00 p.m. Monday through Friday and Saturday and Sunday for a minimum of four hours. Based on my discussion with the County Administrator, the facility is still in the process of procuring a contract for additional medical services.
1. Complete procurement of services as quickly as possible. 2. Continue to develop comprehensive policies and procedures for
this provision. 3. Provide on-going training to staff on policies and procedures. 4. Continue to document all training provided to all staff. 5. Review nursing schedule and provide more hours at facility. 6. Provide written documentation of examination of residents by
medical professional in every instance. 7. Provide additional medical services after hours and on
weekends. (executed) 8. Document and file in resident’s records when there is use of
force.

Evidentiary Basis Document review, interviews, observation

9. Meals and Nutrition

Provision 9.1 Meals and Nutrition

Residents shall be provided three meals and a snack daily. If a residents misses a meal because he or she is attending court, or some other appointment, he or she shall receive the missed meal upon his or her return to detention.

Status

Partial Compliance

Discussion

The status of this provision remains as partial compliance. During this visit, I observed meals, interviewed residents and reviewed documentation. It should be noted that meals still were not served in a timely manner and food was cold once it arrived to housing units. Based on my discussion with the Carmen Davis, County Administrator, the food service is in the process of returning to the facility for preparation and distribution. During my document review, I also found that residents were being served late in

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addition to being served one unit at a time because of the lack of staffing. This only compounds the timeliness of meals being served.
Therefore my statements below still stand.
The residents still have major complaints regarding food service. In addition I found that there is no set schedule for food service. Although the food was better prepared, and more aesthetically pleasing, it was still cold. This was due to the meals not being served in a timely manner, with one meal not being served until 6:00 p.m. There must be consistency in the times residents receive their meals to ensure that meals are provided at regular times during each 24 hour period with no more than 14 hours between evening meals and breakfast. Each resident must have the opportunity to take at least 20 minutes of dining time for each meal. During a normal review of any institution there is an expectation that residents will make complaints regarding the food. However, each resident interviewed at Henley-Young had major complaints about the food, the portions, and the presentation of the food. During this review I observed the food and the distribution of the food.
Food service is an important part of institutional life. A comprehensive food service program must be developed if the facility is to meet the unique needs of its juvenile population. Juvenile health, nutrition, and morale in this environment are all directly related to the effectiveness of the food service program. Meals served to incarcerated juveniles must be nutritionally balanced and calorically adequate. They must be tasty, appealing, and served in an aesthetically acceptable manner to avoid conduct and behavior problems. If juveniles believe the facility’s staff and management have maximized their efforts to provide a healthy and appealing food program, conduct can and will improve.
Juveniles typically have less than desirable eating habits. Nutritional guidelines for juveniles are extrapolations from the recommendations for children and adults. Recommended dietary allowances relate to the general time and rate of the juvenile’s growth spurt is very important. Therefore I am recommending a meal pattern that provides nutritionally balanced meals with food items selected from various food components listed below:
 Breads, cereal, and other grain products (including several servings a day of whole-grain products)
 Fruit  Vegetables (includes all types with dark green leafy vegetables
and dry beans and peas used several times per week)  Meat, poultry, fish and alternatives (5 to 7 ounces, lean per
serving)  Milk, cheese, yogurt, etc.
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 Fats and sweets (at a minimum)

Recommendations

The meals I observed did not meet the above mentioned meal patterns. There has been a decline in food service at Henley-Young.
1. Continue to review portions to ensure residents receive enough food during meals.
2. Develop policy and procedures for this provision.(executed) 3. Continue to provide training for kitchen staff and all other staff
members involved with handling food and preparing meals. 4. Continue to document compliance with this provision. 5. Food should be served in a timely manner and consistent with
facility schedule once developed. 6. Review the National Food Service Management Institute from the
University of Mississippi that details “Food Safety Facts”.

Evidentiary Basis Document review, observation, interviews

Provision 9.2 Meals and Nutrition Status
Discussion

All meals and snacks served to residents at Henley-Young shall, at a minimum, comply with the nutrition guidelines set forth in the United States Department of Agriculture’s School Meals Program standards.
Beginning Compliance
The status of this provision remains as beginning compliance. As stated provision 9.1 and in my introduction, residents continue to complain that they are not receiving enough to eat and that the food is still cold when it arrives on the units.
Therefore my statements below still stand.
It should be noted that I have not seen any training records or had the opportunity to meet with the nutritionist. The nutritionist should be made available upon my next visit.

Recommendations

1. Develop policy and procedures for this provision(executed) 2. Provide training for kitchen staff and all other staff members involved
with handling food and preparing meals.

Evidentiary Basis Document review, observation, interviews

Provision 9.3 Meals and Nutrition
Status

Residents shall be provided access to drinking water throughout the day. Partial Compliance

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Discussion

The facility has moved to partial compliance on this provision. Based on my discussion with residents, documentation review, observations, and interviews the facility has been providing water during the day. Even though there are still some complaints from residents not receiving water during the evening shift. However, the facility has moved to partial compliance.
Therefore my below statements from my previous report (6th) should still be addressed.
Repairing the water fountains would reduce complaints.

Recommendations

1. Contact County or State Environmental office to conduct test on water system. (executed)
2. Ensure residents receive water during school and recreational periods and at night.
3. Develop a policy for incidents regarding water quality and procedures to address them.
4. Repair inoperable drinking fountains.

Evidentiary Basis Document review, observation, interviews

10. Clothing

Provision 10 Clothing

Henley-Young shall provide basic clothing items for residents at all times. These items must include, at a minimum, socks, underwear, uniform, shoes, and undershirts. For girls, these items must also include a brassiere. When appropriate, Henley-Young shall also provide residents with a coat, hat, and gloves. Residents must be provided with a clean uniform, socks, undershirt, underwear, and brassiere, if applicable, upon intake and at least once per day. No residents shall be deprived of these basic clothing items for any reason, including, but not limited to, as a punishment, because these items are being washed, or due to overcrowding.

Status

Partial Compliance

Discussion

The facility has moved to partial compliance on this provision. Based on my most recent review and observation, the facility needs to order non colored underwear. This would allow the facility to sanitize the under clothing and sheets by using a more potent cleaner. In addition, as stated in my previous report there is a need hire staff dedicated to the laundry and care of the residents’ clothing. These persons would be responsible for the discarding of torn or wear-worn clothing, based on the system agreed upon by the facility. I am still recommending that clothing be prewashed as this would loosen the soil in the clothing in particular white clothing (i.e. undergarments).

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Recommendation Evidentiary Basis

1. Check washer and dryer to ensure they are working properly. 2. Ensure that girls and boys are equally involved in cleaning and
folding clothes. 3. Hire 2 laundry staff to ensure clothing is handled properly. 4. Ensure that all staff and residents wear protective material (smocks
and gloves) when handling chemicals and clothing. 5. Discard clothing that is torn, dingy and in poor condition. 6. Develop a system for replacing clothing on a regular and consistent
basis. 7. Develop schedule for distribution. 8. Develop a system for prewashing clothing (i.e. undergarments etc.)
Document review, observation, interviews, photographs

11. Hygiene and Sanitation

Provision 11.1 Hygiene and Sanitation

Residents shall be provided with the means to maintain appropriate hygiene, including soap and shampoo for showers, which will occur at least once daily, soap for washing hands after each time the residents uses the toilet, and toothpaste and a toothbrush for tooth brushing, which will occur at least twice daily, a comb and brush, that if shared, shall be sterilized between uses by residents. Girls must be provided with panty liners on a daily basis and other feminine products as needed. Residents will be issued a comb and brush upon entering the facility; however, if residents are issued a recycled comb or brush or a comb or brush that has been used by another residents, Henley-Young shall ensure that the comb and brush is sterilized and in good condition.

Status

Partial Compliance

Discussion

The facility has moved to partial compliance on this provision. Based on my most recent review and observation, residents were receiving toothbrush, toothpaste and other hygiene products which were provided in individual hygiene kits.

Recommendations

1. Ensure that hygiene kits are properly labeled and residents are not sharing each other’s hygiene products or items.
2. Ensure items such as hair brushes, if shared, are sterilized and in good condition.
3. Provide training for staff on these policies and procedures. 4. Ensure that clean face towels are available for residents. 5. Develop a schedule for distribution of hygiene kits.

Evidentiary Basis Document review, observation, interviews

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Provision 11.2 Hygiene and Sanitation
Status
Discussion

Residents shall be provided with sleeping mats and blankets that are clean and odorless sleeping mats shall be sanitized between uses by residents, and residents shall receive clean blankets weekly.
Partial Compliance
The status of this provision remains as partial compliance. Based on my review of documents and observation, the facility needs to continue to ensure that mattresses and blankets are discarded properly. During this visit, I found blankets with holes and several mattresses on the female units that should have been discarded. In addition, because of the needed maintenance to the facility residents are using blankets to mop the floor (see exhibit E) and as an entryway to the shower stalls (see exhibit A-7). In addition, there were two residents in the same shower stall (see exhibit A-8) without staffing being aware. Although nothing occurred as I watched, the issue is that poor maintenance creates safety and security issues. These maintenance issues must be addressed as soon as possible. Therefore my statements below from my previous report (6th) still stand.

Recommendations

Policies and procedures have been developed. The facility has provided training to ensure that the process outlined in the policies and procedures is followed. The facility needs to continue to monitor the condition of the blankets and mattresses for signs of holes and tattering The facility needs now to follow the recommendations below.
1. Continue to discard all blankets and mattresses that are tattered and have holes in them.
2. Clean and maintain laundry area in orderly fashion. 3. Develop forms or system of documentation for distribution and
inventory 4. Label and designate an area for towels, sheets, clothing etc.

Evidentiary Basis Document review, observation

Provision 11.3 Hygiene and Sanitation Status
Discussion

Under no circumstances shall residents be deprived of mats and blankets.
Partial Compliance The status of this provision remains as partial compliance. See provision 11.2. Therefore my statements below still stand. The facility administration needs to be vigilant regarding staff adhering to
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Recommendations

the process outlined in the policy and procedures regarding the issuing and maintenance of mats and blankets.
1. Provide training to staff on policy and procedures. 2. Develop system for inventory and distribution

Evidence

Observation, and document review

Provision 11.4 Hygiene and Sanitation Status Discussion
Recommendations

Henley-Young shall maintain a sufficient number of clean, sanitary mats and blankets that correspond with the facility’s maximum capacity.
Substantial Compliance
The facility has moved to substantial compliance, as I found no indication based on my observation and documents review that residents were being denied of mattresses and blankets. There were enough blankets and mattresses. As stated in provisions 11.3, the facility administration needs to be vigilant regarding staff adhering to the process outlined in the policy and procedures regarding the issuing and maintenance of mats and blankets.
1. Develop policies and procedures for this provision. (executed) 2. Provide training to staff on policy and procedure. 3. Provide an inventory of mats and blankets.

Evidentiary Basis Observation and document review

Provision 11.5 Hygiene and Sanitation
Status
Discussion

Residents shall be provided with a clean, sanitary environment.
Beginning Compliance
The status of this provision remains as beginning compliance. During this visit, I found that the facility is in need of major physical plant maintenance; showers needed repair, toilets were filthy, blankets are being used in place of showers doors, , soap scum was in all of the showers, the shower heads were leaking, there was mold in showers, the units smelled of urine and shower stalls were rusting. In addition, there were holes in several of the shower stall walls.

Therefore my statements below still stand.

Recommendations

Building maintenance is an ongoing and continuous process. Please review the introduction.
1. Develop policies and procedures for this provision. (executed)

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Evidentiary Basis

2. See areas in discussion that should be addressed. 3. Develop housekeeping and cleaning schedule. 4. Develop checklist or inspection report for each unit and area of
building. 5. Develop work order system to ensure that when problem arise they
are addressed. 6. Develop corrective action plans as needed. 7. Provide training for staff on policy and procedures. 8. Ensure delivered food items are dated and rotated from old to new.
Document review, observation, interviews

Provision 11.6 Hygiene and Sanitation
Status
Discussion

Hinds County shall ensure that Henley-Young complies with relevant law regarding fire safety, weather emergencies, sanitation practices, food safety, and the elimination and management of environmental toxins.
Beginning Compliance
The status of this provision remains as beginning compliance. During my review of documents, I discovered the facility had a fire on March 29, 2014. According to the incident report the resident room A109 was completely filled with smoke and there were large flames going up the back wall. According to the report, the staff attempted multiple times to unlock the residents’ door but was unsuccessful. It should be noted that the resident was still in the room. During this incident, no fire sprinkles were activated. In addition, there were no fire extinguishers readily available in the unit tower. During this incident, the A pod officer had to radio another officer to open the door automatically from the tower. According to the incident report, one of the senior officers noticed a lighter in the residents’ hand. As it relates to the lighter, I am concerned that residents are not being searched properly during the intake process and contraband has been evident in numerous reports I have reviewed.

That being said, for sprinkler systems not to work and doors not open places the facility in a very dangerous and liable situation. The sprinkler system must comply with national fire protection standards. Again, although the facility has policies or procedures regarding fire safety it begs the question, has the facility been evaluated by a Fire Marshall that is licensed and certified by the State of Mississippi? Additionally, the facility must have operational fire extinguishers available throughout the facility. There should be internal monthly checks and maintenance annually and in the event the fire extinguisher is used it must be replaced or recharged by a certified company. The facility now needs to have a full review of the fire system.

Recommendations

1. Develop policies and procedures and plans for fire safety,

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Evidentiary Basis

evacuation etc. (executed) 2. Develop adequate staff training regarding fire safety. 3. Properly maintain and repair fire equipment. 4. Ensure intercom systems are operating properly. 5. Ensure all mattresses used by residents are fire resistant. 6. Routinely test all fire equipment and system. 7. Ensure that all electrical outlets, wires and equipment (lights) are
properly working. 8. Develop work order system to ensure items are repaired. 9. Ensure that all areas in this provision are addressed by a certified
professional. 10. Review entire fire safety program/system
Document review, observation

Provision 11.7 Hygiene and Sanitation Status Discussion
Recommendations

Residents shall be provided with clean drinking glasses and eating utensils.
Partial Compliance
The status of this provision remains as partial compliance. Based on review of documents and interviews with residents, I found no indication that drinking glasses and eating utensils were not cleaned. However, in my review of the kitchen, the kitchen equipment is in need of a major cleaning, (see exhibit C) as stated in my previous report (6th).
1. Develop policies and procedures for this provision. (executed) 2. Provide a thorough cleaning of the kitchen and all equipment and
Utensils

Evidentiary Basis Document review, observation and interviews

12. Medical Care

Provision 12.1 Medical Care

The parties agree, however, that henceforth, Henley-Young shall provide residents with adequate medical care, including: prompt screenings; a full physical exam within 72 hours after their detention hearing or disposition order, as applicable; access to medical professionals and/or prescription medications when needed; and prompt transportation to a local hospital in the case of a medical emergency. Hinds County is responsible for procuring and/or paying for all medications provided to residents.

Status

Non-Compliance

Discussion

The status of this provision remains as non-compliance. Based on interviews and observations and document reviews, the County has hired

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Recommendations

two contract Registered Nurses who cover the facility from 6 a.m. to 8 p.m. Monday through Friday and for four hours on Saturdays and Sundays. However there is still a need for policies, procedures, or protocols in place for the facility. The County has the responsibility to maintain medical care and provide medication and all other needs for residents. On this provision, I am still reiterating that the actions and recommendations from my previous report should be reviewed and followed. The County must look at the medical filing system in place at this point and change it to meet contemporary medical standards, see additional discussion in the sections 1.2 and 1.3.
1. Develop policies, procedures and protocols for this provision. 2. Develop policies and procedures and protocols based on standards
for Health Services in Juvenile Detention and Confinement facilities. 3. Provide training for staff members who administer medication to residents on proper usage and possible side effects. Also, train the staff on emergency protocols if side effects occur. 4. Have a licensed medical professional review and sign off on policy, procedures and protocols. 5. Have a licensed health professional periodically review and provide supervision to the nurse at facility. 6. Develop forms to coincide with provision. 7. Remove medication from bags and place them in secure, organized areas and develop forms to determine what medications are present in the facility at all times. 8. Hire or have on contract a physician to review medical area. 9. Ensure that residents receive vision exams, dental screenings, mental health screenings, hearing tests, etc. 10. Order folders with 2 dividers, end tab, classification folders in letter size with 2 prongs for medical charts.

Evidentiary Basis Document review, observation, interviews

Provision 12.2 Medical Care
Status
Discussion

Henley-Young shall ensure that a medical professional is available to examine residents confined at the facility to identify and treat medical needs, when necessary.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, the provision that states, “HenleyYoung shall ensure that a medical professional is available to examine residents confined at the facility to identify and treat medical needs, when necessary”, is not in place and is still not being provided for this provision. The facility still has the responsibility of maintaining medical care and
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Recommendations

medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed, (see the introduction.)
1. Hire qualified medical professional for nights and weekend care. 2. Develop policies, procedures and protocols for this provision. 3. Provide training for staff on this provision.

Evidentiary Basis Document review, observation, interviews

Provision 12.3 Medical Care
Status Discussion

Henley-Young shall implement its sick call policy and practice which ensures that confined residents who request non-emergency medical attention are examined by a medical professional within 24 hours of a residents placing him or herself on sick call, excepting weekends and holidays.
Non-Compliance
The status of this provision remains as non-compliance based on my interviews, documents review and observation.

Therefore my below statements still stand.

Recommendations

Although the facility has 14 hour nursing service daily during the week and four hours on Saturday and Sunday there is still no policy, procedures and protocols as to how sick-calls should be administered to residents. The facility must develop the processes, and practices for this provision. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see introduction.).
1. Develop policies, procedures and protocols for this provision. 2. Place a kite box on each unit. 3. Provide training for staff on this provision. 4. Nurse or designated person, making daily rounds to retrieve kites
(Request for Medical Service Forms).

Evidentiary Basis Document review, observation, interviews

Provision 12.4 Medical Care Status
Discussion

Prescription medications shall only be distributed by licensed medical staff or Henley-Young staff who has been trained by licensed medical personnel. Non-Compliance The status of this provision remains as non-compliance based on my interviews, documents review and observation.
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Therefore my statements below still stand.

Recommendations

The facility has two registered nurses who are licensed to distribute medications to the residents. The problem is that the facility has no policies, procedures or protocols in place to direct this distribution. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see introduction.).
1. Develop policies, procedures and protocols to address this provision. 2. These policies, procedures and protocols must include the
appointment of a medication administration protocol. 3. There must be a medication record of all medicines administered.
a. One record to reflect all medicines leaving the pharmacy; b. An additional record kept in each resident’s case file. 4. Ensure that the training is comprehensive make certain that all medical contingencies are considered. 5. The staff should be trained on what side effects to look for drugs commonly prescribed to residents with mental health needs. 6. Provide training to staff on the policy, procedures and protocols for this provision. 7. All training should be documented and conducted annually.

Evidentiary Basis Document review, observation, interviews

Provision 12.5 Medical Care Status
Discussion

Medical and mental health services shall be provided in a manner that ensures the confidentiality of resident’s health information.
Non-Compliance
The status of this provision remains as non-compliance based on my interviews, documents review and observation.

Therefore my statements below still stand.

Recommendations

The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see introduction.).
1. Develop policies, procedures and protocols to address this provision. 2. Get HIPAA requirements and institute them the facility. 3. Designate the persons who have access to the resident’s medical
records within the facility and outside of the facility, but within the juvenile justice system.

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4. Provide training to staff on policies, procedures and protocols. 5. Provide training to staff on HIPAA requirements, and document
training. 6. Designate a HIPPA Privacy Officer.
Document review, observation, interviews

Provision 12.6 Medical Care
Status
Discussion

Henley-Young shall develop procedures for monitoring residents who require individualized attention because of medical issues that do not involve requiring the residents to sleep on a mat in the visitation room.
Non-Compliance
The status of this provision remains as non-compliance based on my interviews, documents review and observation.

Recommendations

The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see introduction.).
1. Develop policies, procedures and protocols to address this provision. 2. Develop processes of continuous monitoring residents with stable
medical issues, i.e. the care for diabetic residents who are on an insulin regiment.
a. What are the medical requirements of the residents who need monitoring?
b. Who is responsible for the monitoring? c. How are the records kept of the monitoring? 3. Provide training to staff on the policies, procedures and protocols for this provision. 4. Annual competency training.

Evidentiary Basis Document review, observation and interviews

13. Mental Health Care

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Provision 13.1 Mental Health Care Status Discussion
Recommendations

Henley-Young’s contractor, Hinds Behavioral Health Services, shall provide adequate mental health services to all confined residents with a mental health diagnosis or serious mental health need, as indicated by the MAYSI-2. This shall include, but is not limited to, the provision of individual and group counseling sessions upon the request of a residents or the resident’s parent/guardian, access to a mental health professional at the detention center, and the distribution and medical monitoring of psychotropic medications by a medical professional.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. The only changes to this provision, is the residents’ names have changed. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. It is without question that there are residents entering this facility that need access to structured mental health services (i.e. Resident D.A. – self-mutilation; Resident Q.M. – attempted suicide; Resident J.M. – attempted to harm himself several times in different areas of the building and stuck his head in toilet; Resident A.H. – attempted suicide; Resident K.P. – attempted suicide). There are still inadequate mental health services at this facility. Generally accepted professional standards require that mental health counseling be provided frequently and consistently enough to provide meaningful intervention for residents. Although residents may be seen by Hinds Behavioral Health Services, there is no documentation that indicates the needs of the residents or any planned strategies for the residents once they return to the facility. The Henley-Young mental health counseling is inadequate to the needs of mentally ill residents in both frequency and content. My review of records reveals no evidence of any counseling or use of any treatment plans or strategies. It should be noted that treatment planning, including identifying symptoms and behaviors is a critical part of effective treatment for residents with mental health illness or problems. An effective program should communicate treatment plans for mentally ill residents to all staff involved in the management of the residents in this detention facility and services should be coordinated prior to their implementation. Although some residents who are in need of mental health services are in the 89-day program and are assigned case managers, these individuals have no mental health training and they serve primarily as liaisons between the facility and the courts rather than focusing on coordinating care at the facility for mentally ill residents.
1. Ensure that the facility has a Standardized Assessment Tool i.e. the MAYSI-2 to use during the intake process.
2. Develop policies and procedures to address this provision. 3. Provide training to staff on policies and procedures and provide
documentation of training.

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4. Develop documentation that will track resident’s progress during their stay at facility.
5. Ensure there is communication between Hines Behavioral Health Services, Juvenile Court Case Managers and Facility Staff on residents receiving mental health services.
Document review, observation, interviews

Provision 13.2 Mental Health Care Status Discussion
Recommendations

Residents who are confined for longer than thirty (30) continuous days and who are prescribed psychotropic medications, shall be evaluated by a psychiatrist every thirty (30) days. Such evaluations may be performed by and through employees of Hinds Behavioral Health.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed, please review the introduction.
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures.

Evidentiary Basis Document review, observation, interviews

Provision 13.3 Mental Health Care
Status Discussion
Recommendations

Within 72 hours of a resident’s admission to the facility, staff shall develop individual mental health treatment plans for residents who are under the care of a mental health provider. Treatment plans shall emphasize continuity of care and shall ensure that whenever possible, residents are transported to appointments with their regular mental health provider, whether the appointments are standing or made after the resident’s initial detention.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed, please review introduction.
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures. 3. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).

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Evidentiary Basis Document review, observation, interviews

Provision 13.4 Mental Health Care
Status

Henley-Young shall develop and implement policies and procedures for referring residents in need of psychiatric services to a licensed psychiatrist for a timely mental health evaluation. Such services may be provided by and through employees of Hinds Behavioral Health.
Non-Compliance

Discussion Recommendations

The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed please review introduction.
1. Develop policies and procedures to address this provision. 2. Provide and document training to staff on policies and procedures.

Evidentiary Basis Document review, observation, interviews

Provision 13.5 Mental Health Care
Status Discussion
Recommendations

Hinds County shall employ or contract for sufficient psychiatric services to permit a psychiatrist to fulfill the following functions:
a. conduct needed psychiatric evaluations prior to placing residents on psychotropic medications;
b. Monitor, as appropriate, the efficacy and side effects of psychotropic medications;
c. Participate in treatment team meetings for residents under the psychiatrist’s care;
d. Provide individual counseling and psychotherapy when needed; e. Evaluate and treat in a timely manner all residents referred as
possibly being in need of psychiatric services; and f. Provide adequate documentation of treatment. g. All evaluations and services outlined above may be performed
and/or provided by and through employees of Hinds Behavioral Health or any other duly qualified Mental Health agency.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed please review introduction.
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policy and procedures and document

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training. Document review, observation

Provision 13.6 Mental Health Care Status Discussion
Recommendations

The psychiatrist and/or counselors shall review, if necessary, incident reports, disciplinary reports, suicide watch logs, and lockdown logs of residents under their care to determine whether their treatment is working and, if not, how it should be modified.
Non-Compliance
The status of this provision remains as non-compliance. Based on my review of documents and observation, services are still not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed please review introduction.
1. The mental health of the residents in the custody of the facility needs to be closely monitored at all times.
2. The facility needs to develop policies and procedures to address this provision.
3. Provide and document training to staff on policies and procedures and document training.
4. Facility needs documentation from a mental health organization on plan of action for residents receiving a mental health services.

Evidentiary Basis Document review, observation

14. Suicide Prevention

Provision 14.1 Suicide Prevention

Henley-Young shall develop a multi-tiered suicide prevention policy that has at least three stages of suicide watch. Suicide watch shall not be used as punishment. The “suicide cell” shall be reserved for residents for whom the “suicide cell” is deemed necessary in conjunction with this suicide prevention policy.

Status

Beginning Compliance

Discussion

The status of this provision remains as beginning compliance. The facility has developed policy and procedures for this provision. Now the facility must develop training programs to ensure that staff learn and adhere to the policy and procedures. Further, staff must become familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program, please review introduction.

Recommendations

1. Develop policies and procedures to address this provision.

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(executed) 2. Provide and document training for staff on policy and procedure. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program.
Document review, observation

Provision 14.2 Suicide Prevention Status Discussion
Recommendations

Any residents placed on the highest level of suicide watch shall be evaluated by a mental health professional, ideally within 12 hours, but in no case longer than 24 hours of his or her placement on suicide watch. If a resident on the highest level of suicide watch is not evaluated by a mental health professional within 24 hours, the residents shall immediately be transported to a local mental health facility or emergency room for evaluation and/or treatment.
Beginning Compliance
The status of this provision remains as beginning compliance. The facility has developed policy and procedures for this provision. Now, there must be training programs developed to ensure that staff members adhere to the policy and procedures and that they are familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program, please review introduction.
1. Develop policies and procedures to address this provision. (Executed)
2. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.
3. Provide training for staff on policies and procedures and document training.
4. Identify a mental health agency to help develop policies, procedures and protocols.
5. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program.

Evidentiary Basis Document review, observation

Provision 14.3 Suicide Prevention
Status

Residents on suicide watch shall participate in recreation, school, and any other structured programming. Residents shall not be required to wear a “suicide gown” unless locked in a cell. Staff shall closely monitor residents on suicide watch, which includes logging activities every 15 minutes.
Beginning Compliance

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Discussion Recommendations

The status of this provision remains as beginning compliance. A training program still needs to be developed to ensure that staff members adhere to the policy and procedures and that they are familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program, please review introduction.
1. Develop policies and procedures to address this provision with the assistance of a mental professional. (executed)
2. Provide and document training for staff on policies and procedures. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program. 4. The facility needs mental health professionals to help and enhance
the development of these policies and procedures as they are the authorities in this area.

Evidentiary Basis Document review, observation

Provision 14.4 Suicide Prevention Status Discussion
Recommendations

When a resident is placed on any level of suicide watch, a report shall be made within 24 hours to the resident’s court, as well as to the resident’s guardian, and his or her defense attorney.
Beginning Compliance
The status of this provision remains as beginning compliance. A training program still needs to be developed to ensure that staff members adhere to the policy and procedures and that they are familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program, please review introduction.
1. Develop policies and procedures for making and distributing the reports in this provision. (executed)
2. Provide training for staff on policies and procedures and document training.
3. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program
4. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.

Evidentiary Basis Document review, observation

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15. Family Support and Interaction

Provision 15.1 Family Support and Interaction

Visitation shall not be restricted or withheld from residents unless the detention center director determines that a visit will violate the security of Henley-Young or will endanger the safety of residents, visitors, or staff. Visitation should not be restricted as a form of punishment.

Status

Partial Compliance

Discussion

The status of this provision remains as partial compliance. During this visit I found that visitation was still being conducted in the multi-purpose room. As stated in my previous report, the facility must ensure that there is proper staffing available to provide for the visitation process to maintain reliability in it. Please review the staffing section of the introduction.

Recommendations

1. Provide and document training for staff on policies and procedures. (executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability.

Evidentiary Basis Document review, observation and interviews

Provision 15.2 Family Support and Interaction Status Discussion
Recommendations

Within 90 days of the effective date of this Settlement Agreement, HenleyYoung shall provide accommodations that allow residents to have contact visits with their families.
Substantial Compliance
The facility has moved to substantial compliance. Based on my most recent visit. I found that the facility continues to allow contact visits. The facility should continue to ensure that proper staffing is available to make certain that this continues. The visitation program should be incorporated into the overall facility program that will help with providing a better structure, please review introduction.
1. Develop policies and procedures to address this provision. (executed)
2. Identify area where contact visitation will take place. 3. Provide and document training for staff on policies and procedures. 4. Ensure that there is proper staffing availability to maintain
reliability. 5. Ensure that visitation program is included in the overall facility
program.

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Provision 15.3 Family Support and Interaction
Status Discussion
Recommendations

Visitation shall be regularly scheduled at least three times per week, which shall include evening and/or weekend visitation times in order to encourage family visitation. Henley-Young shall permit the minor siblings of confined residents to participate in visitation, as long as the minors’ parent or guardian is present during the visit and the siblings are not harmful to the residents who are detained at Henley-Young. Henley-Young shall also permit a confined resident’s own child (ren) to participate in visitation
Substantial Compliance
The facility has moved to substantial compliance on this provision. The facility must continue to follow the recommendations below.
1. Develop policies and procedures and practices to address this provision. (executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability. 4. Ensure that visitation program is included in the overall facility
program.

Evidentiary Basis Document review, observation and interviews

Provision 15.4 Family Support and Interaction Status Discussion
Recommendations

Residents may receive phone calls from their attorneys. At the discretion of the Director or assignee, in emergency situations, residents may receive phone calls from parents, primary caretakers, or legal guardians. Emergency phone calls and phone calls from attorneys should not be restricted as a form of punishment.
Partial Compliance
The facility has moved to partial compliance on this provision. Based on my most recent visit and document review. However, there is no indication that residents are allowed to mail letters as part of access to supportive relationships that residents have with families and others in the community. This (mail) is a major part of the rehabilitative process. Staff now needs to be trained on policies and procedures and the facility should ensure that policy and procedures are being followed.
1. Develop policies and procedures and practices to address this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability.

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4. Ensure that residents are allowed to mail letters.(County will pay for postage)
Document review, observation and interviews

16. Miscellaneous Provisions

Provision 16.1 Miscellaneous Provisions

Male and female residents shall be provided with equal access to educational and rehabilitative services, medical care, and indoor and outdoor recreation.

Status

Beginning Compliance

Discussion

The status of this provision remains as beginning compliance. During my most recent visit, the basketball courts have been resurfaced and repaired. However female residents are still complaining that they have no outside recreation activities and are assigned to the laundry as detailed. In addition, according to the female residents I interviewed, they rarely participate in outside activities and, when they do, it consists mostly of sitting on the bleachers because the male residents were using the basketball court and they are not allowed on the court while the males were outside using it. However, there were still no schedules posted or documents showing equal programming for male and female residents.

Recommendations

1. Develop policies and procedures and practices for this provision. (Executed)
2. Cease in the designation of female residents as being solely responsible for laundry; this is a duty male residents can perform as well as females.
3. Develop monthly recreational schedules. 4. Develop comprehensive facility schedules. 5. Provide training for staff on policies and procedures and document
training. 6. Ensure that there is proper staffing availability to maintain
reliability. 7. Repair court and goal area. 8. Posting of schedule on units.

Evidentiary Basis Document review, observation, interviews

Provision 16.2 Miscellaneous Provisions
Status

The parties agree, however, that henceforth: All residents shall have the opportunity to engage in at least one hour of large muscle exercise a day.
Non-Compliance

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Discussion Recommendations

The status of this provision remains as non-compliance. Based on my most recent review of documents, interviews with the residents and observation residents are still not engaging in 1 hour of large muscle exercise daily. As stated previously, residents are placed in their rooms when there is not enough staff available. In addition, on the weekends, residents are still only allowed out when there is enough staff available. In addition, I also found that because there was a lack of staff, residents were only out of their rooms on a rotating basis. There still is no schedule of recreational or program activities and when residents were allowed out it was random with no schedule being followed. There must be a schedule in place and adhered to which will ensure that residents are receiving the required time out of their units and rooms and that structured activities are available, unless a resident has been placed on behavior management or isolation. However, even residents who are placed in a behavior management program must be allowed the required time out of the unit and room for recreational and large muscle exercise.
1. Develop policies and procedures and implement practices to address the needs of this provision.
2. Develop and implement programming and recreational schedules. 3. Provide and document training for staff on policies and procedures. 4. Ensure that there is proper staffing availability so that residents are
not unnecessarily “locked” in their cells.

Evidentiary Basis Document review, observation, interviews

Provision 16.3 Miscellaneous Provisions Status Discussion
Recommendations

Henley-Young shall implement a policy which prohibits staff from insulting residents or calling them names, and using profanity in the presence of residents
Beginning Compliance
The status of this provision remains as beginning compliance. Based on my most recent review of documents, interviews with residents they still complained about the staff’s use of profanity. Although some residents said that “it’s not as bad as it used to be” another resident explained that “staff respects us as long as we respect them”. In addition, during my document review, I found even staff members complain of other staff using inappropriate language towards residents (see incident report dated March 28, 2014). Since the policy has been developed for this provision, the facility administration must train staff and ensure staff adheres to the policy. In addition, the facility administration should ensure that there is a constant vigilance that promotes positive language by residents and staff. Please see introduction.
1. Develop policies and procedures and practices to address the needs of this provision. (Executed)

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2. Provide training to staff in the proper de-escalation techniques of residents.
3. Administration must provide enough supervision to reduce or eliminate insulting behavior by staff.
4. Discipline and retrain staff as needed. 5. Provide training for staff on policies and procedures and document
training. 6. Hire an independent person to investigate allegations of abuse or
complaints regarding staff by residents. (Executed)
Document review, observation and interviews

Provision 16.4 Miscellaneous Provisions
Status
Discussion

Henley-Young shall implement an adequate grievance policy that is accessible to all residents regardless of literacy levels, and that provides residents with the opportunity to appeal facility level determinations. Residents shall obtain the grievance forms from the school liaison.
Beginning Compliance
The status of this provision remains as beginning compliance. Based on my most recent review of documents and my interviews with residents, residents still do not have confidence in the grievance process. Most residents said they were not aware of the grievance process and some residents advised that they never file a grievance. As stated in my previous reports, the mark of a good grievance system is that residents do file grievances. Most juvenile facilities have a resident’s grievance system in place to allow residents to seek a resolution to problems that they may be having while at the facility. Typically, juveniles use the grievance system to attempt to resolve issues they may have with the application of facility rules, concerns about living conditions or food, problems with missing property, conflicts with other residents or staff, or seeking some sort of other assistance. All grievances should be tracked by the grievance coordinator to assure that a response is given. The nature, topic or presenting problem should be categorized and tabulated. The grievance coordinator should provide his/her supervisor, the facility director and other key staff, a summary grievance report each month. The report should include, at a minimum, the number of grievances filed, the living units from which the grievances were filed, the nature and final outcome of the grievances. A system should also be established to ensure that grievance resolutions are actually implemented. The grievance system should be viewed as an important tool for staff to communicate with the residents. The system should enhance the regular programming activities and not be viewed as an impediment. The administration should use cumulative data gathered from grievances as a tool to assist in monitoring what is going on within the institution. Such data can indicate where the program is functioning well and where there may be potential problems. In addition, in
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Recommendations

my review of some grievances, one resident filed a grievance then later retracted the grievance. There must be as part of the grievance process a component that the residents has the ability to retract the grievance and not the staff advising that the residents retract his/her grievance. The facility must now make certain that staff is trained properly and that residents are made fully aware of the grievance process.
1. Place grievance boxes on each unit and school, residents should not be required to request a grievance form.
2. Provide training for staff on policies and procedures and document training.
3. Provide training for residents on policies and procedures and document training.
4. Ensure that residents are adequately familiarized with the grievance process during their orientation into the facility
5. Add a place on the Resident’s Grievance Resolution Report for a resident to request an appeal and place for the Director’s resolution.
6. Ensure Resident’s Grievance Resolution Reports are provided to the resident for their signature and their response to the outcome. If the resident disagrees with the resolution the resident has the right to appeal the decision to the director.
7. Any retractions of grievances should be done by residents and not by staff.

Evidentiary Basis Document review, observation, interviews

Provision 16.5 Miscellaneous Provisions
Status

Hinds County denies that Henley-Young does not currently have an adequate policy whereby residents can request to see their attorney and/or Residents Court counselor. The parties agree, however, that henceforth: Henley-Young shall develop and implement an adequate policy that allows residents of all ages and literacy levels with the opportunity to request to see their attorney and/or Residents Court counselor. Residents shall obtain the form requesting a visit from his/her counselor from the school liaison. Henley-Young agrees to collaborate with the Plaintiffs to design and implement a comprehensive juvenile justice pre-service and in-service training program for detention center staff. Training shall include, but is not limited to, the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.
Beginning Compliance

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Discussion Recommendations

The status of this provision remains as beginning compliance. Based on my most recent visit and review of documents, residents are still complaining that they have not had the opportunity to speak with their attorneys. Also, in my review of the records, there was no indication that attorneys had been visiting. However, court counselors were present in the facility and seeing the residents. Additionally, I found no forms for requesting visits from counselors, attorneys or school liaisons. And I found no training on the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration. Even though facility has developed a policy and procedures for this provision.
1. Develop policies and procedures and practices for this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Develop single form and system for incident reporting. 4. Develop system for receiving and mailing privileged and non
privileged mail for residents.

Evidentiary Basis Observation, interviews

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Conclusion This is my seventh official visit to the Henley-Young Juvenile Justice Facility. As stated in my previous reports, the facility continues to make incremental (small positive) improvements. There are several provisions that have moved to either partial or substantial compliance which is good and should keep the facility moving in the right direction. These improved areas are part of the “low hanging fruit” (provisions) that Judge Jordan discussed. Although the facility still has a ways to go, they should be commended. As stated in my introduction, the facility is in transition again as it relates to leadership for the facility. At some point, a stable leadership team with a comprehensive understanding of contemporary juvenile detention knowledge must be in place. It is without question, that the County Administrator has a vision of the needs of the facility. However, she must be provided with the resources and unilateral control to ensure the success of this facility. The facility is without question understaffed and under resourced and staff lacks the training to perform their duties. Staff is making decisions based on instinct and not based on policies and procedures. This type of decision making increases liability to the County. The staff is doing the best they can without the tools needed to perform their job in a professional manner. Although, there is a ways to go in this process, the QA unit should be commended for their direction in developing data that will help the facility measure for outcomes. The data that is being collected, if used properly by the facility administration, will assist in providing a greater understanding of the operations. I would like to again thank the Honorable Judge Jordan III, Attorney Anthony Simon, County Administrator and the director for their assistance and cooperation. This is a monumental task and they should continue moving forward.
LEONARD DIXON
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Exhibit A - 1
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Exhibit A – 2
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Exhibit A – 3
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Exhibit A – 4
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Exhibit A – 5
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Exhibit A - 6
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Exhibit A – 7
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Exhibit A – 8 (Note: two residents in stall together)
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Exhibit B
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Exhibit C
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Exhibit D - 1
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Exhibit D - 2
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Exhibit D - 3
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Exhibit E
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION HONORABLE DANIEL P. JORDAN III, U.S. DISTRICT JUDGE
J.H., ET AL, VS HINDS COUNTY MISSISSIPPI 3:11-CV00327 DPJ-FKB
Monitoring Compliance Report: Report Draft Date February 17, 2014
Report Date February 27, 2014
Submitted by Leonard B. Dixon, MSPA
24420 Crescent Drive Woodhaven, MI 48183
734 642-7412 Email home: lbdixon1@comcast.net Email work: lbdixon4@co.wayne.mi.us

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The Sixth Monitor’s Report Henley-Young Juvenile Justice
Leonard B. Dixon
Background On March, 28, 2012, Hinds County, Mississippi entered into a settlement agreement ordained and adjudged by Judge Daniel P. Jordan III, for the United States District Court Southern District of Mississippi, Jackson Division, regarding conditions of confinement at the Henley-Young Juvenile Justice Center, located in Jackson, Mississippi. According to the order the settlement agreement and its specifics requirements “shall apply to Henley-Young and any contractor that may provide services to Henley-Young in the future. The term “youth” herein often refers to individuals confined at Henley-Young. “The parties” understand that the requirements contained herein will be implemented without undue delay as soon as practicable. Unless otherwise indicated herein, the parties will collaborate to make all reasonable efforts to ensure that within 90 days of the effective date of the agreement, policies, and procedures consistent with the agreement are drafted, in the process of being implemented, and that all detention staff received training on the requirements. The parties agree and understand that the implementation will be an ongoing process that extends beyond the initial 90 days of the agreement. As part of the settlement agreement the defendant shall contract with Leonard Dixon, within 30 days of the court entry of this settlement agreement to serve as an expert who will be responsible for documenting the defendant’s compliance with the terms of the agreement and for providing and/or arranging technical assistance and training regarding compliance with this settlement agreement. I will have full and complete access to detained youth, institutional files, medical files, mental health files, education files, video tapes, and youth, staff records and all other information and other reports by staff, grievances, incident reports, and other relevant documents and files maintained by Henley-Young.
All non-public information obtained by the expert shall be kept confidential, except that on a quarterly basis the expert shall file a report with the court documenting the progress of compliance. Neither party, nor any employee or agent of either party, shall have any supervisory authority over the expert’s activities, reports, findings, or recommendations. The expert shall file with the Court and provide the parties with reports describing the Defendant’s steps to implement this Settlement Agreement and evaluate the extent to which the Defendant has complied with each substantive provision of this agreement. Such reports shall be issued quarterly, unless the parties agree otherwise. The reports shall be provided to the parties in draft form for comment at least two (2) weeks prior to their submission to the Court. These reports shall be written with due regard for the privacy interests of individual youth and staff and the interest of the Defendant in protecting against disclosure of non-public information. The expert shall have a budget sufficient to allow him to fulfill the responsibilities described in this Settlement Agreement. Mr. Dixon may consult other experts or consultants retained by either party. All parties shall receive copies of all draft reports from the other experts to Mr. Dixon prior to the issuance of Mr. Dixon’s report, and shall have the option of being present at briefings
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from such experts to Mr. Dixon and Defendant. Mr. Dixon may initiate and receive ex parte communications with the parties and their respective experts and consultants.
Recommendations based on findings, observations and interviews Result of visit on December 15-20, 2013
Documentation provided and reviewed MAYSI-2 Screenings on youths G.J., A.F., K.B., A.D., J. S., A.P., K. D., and J.C. Memos with Directives:
Dated September 10, 2013 re: mandatory supervisors meeting Dated September 10, 2013 re: mandatory staff meeting Dated September 20, 2013 re: visits in central control Dated September 24, 2013 re: requesting leave Dated September 24, 2013 re: mandatory reporting of call-ins Dated September 26, 2013 re: juveniles being left alone Dated September 26, 2013 re: ABL and serving meals Dated October 4, 2013 re: pod doors Dated October 4, 2013 re: uniforms Dated October 7, 2013 re: pod doors and recreation door Dated October 9, 2013 re: mandatory staff meeting Dated October 9, 2013 re: mandatory supervisors meeting Dated October 16, 2013 re: personal information Dated October 22, 2013 re: Two-way radios Dated October 22, 2013 re: school Dated October 25, 2013 re: caller requesting juveniles’ information Dated October 28, 2013 re: serious incidents Dated November 1, 2013 re: TVs on pods Dated November 4, 2013 re: Nurse Vicki Berryhill Dated November 4, 2013 re: mandatory training with NPJS Dated November 6, 2013 re: training Dated November 7, 2013 re: employee file Dated November 14, 2013 re: Copiah County detainee D.H. Dated November 15, 2013 re: medical alert Youth C. McD. Dated November 18, 2013 re: employee files Dated November 19, 2013 re: staff meeting Dated November 20, 2013 re: call ins/excessive call ins Dated November 22, 2013 re: control towers Dated November 22, 2013 re: barber Dated November 22, 2013 re: booking juvenile assessments Dated December 3, 2013 re: mandatory training Dated December 4, 2013 re: radios Dated December 4, 2013 re: administrative and senior detention officer meeting Dated December 16, 2013 re: mandatory staff meeting Dated December 19, 2103 re: unauthorized children in detention Memo re: Jackson Public School District Testing dated October 4, 2013 Memo re: Holes in hallways ceiling dated October 25, 2013
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Due Process/Grievance Procedures on 14 packets on various youths Policy Review Log (signed by staff) on policies but dates vary – issued on November 27, 2013 but some staff signed as far as December 16, 2013:
Emergency Release Security Searches Mechanical Restraints Unit Rules & Regulations Resident Hygiene Clothing & Bedding Exchange Suicide Precaution Equal Access Recreation & Leisure Time Resident Telephone Visitation HYJJC Resident Incident Report/Use of Force August 2013 – 17 Residents September 2013 – 29 Residents (including some witness statements, 2 medical reporting forms and 4 supervisors checklist forms) October 2013 – 34 Residents (including some witness statements, 3 medical reporting forms and 7 supervisors checklist forms) November 2013 – 28 Residents (including some witness statements, 2 unusual incident reports, 4 medical reporting forms and 8 supervisors checklist forms) December 2013 – 19 Residents (including some witness statements, 2 unusual incident reports, 6 medical reporting forms and 5 supervisors checklist forms) Draft Policies/Procedures on a CD: 2.A.2 – Fire Safety & Evacuation 2.A.4 – Weather Emergencies 2.A.10 – Emergency Release (Over Capacity) Adjustments 3.A.9 – Use of Force 3.A.16 – Administrative Isolation & Segregation (Cell Confinement) 3.C.6 – Behavior Management 3.C.7 – Due Process 3.C.8 – Due Process isolation 6.A.1 – Intake & New Admission 6.B.1 – Daily Routine 6.B.3 – Recreation & Leisure Time Resident Handbook QA HYJJC Incident Stats for September, October, November, December 2013 Quality Assurance Audit Reports: Quality Assurance dated September 17, 2013 re: OD Unit/WP Unit Quality Assurance Audit Report dated November 4, 2013 re: Intake Area Quality Assurance Audit Report dated December 10, 2013 re: Units/Intake Grievance Reports from 9 residents Hinds County Position Analysis detailing current/former employees dated May 13, 2013 Hinds County Position Analysis detailing current/former employees dated November 5, 2013 Hinds County Position Analysis detailing current/former employees dated December 19, 2013
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Weekly Schedule for Staffing by Shift History and Physical Examination Medical Records on youths A.D., K.B., A.F., J.C., K.D., A.P., J.S., G.J. Timesheets for 2 nursing staff (18 timesheets) Staff Interviewed Eddie Lee Burnside Jr., QA Coordinator/Due Process/Recreational etc. Eric Dorsey, QA Coordinator/Grievance/Policies & Procedures Nurse Sandra Lavonne Abby Nurse Debbie Johnson Williams Angela Harvey, Mental Health Therapist, Hinds Behavioral Health Rigoberto M. Albarran, Detention Officer Gracie Lee-Smith Sturghill, Detention Officer Namibia Lannette Brown, Detention Officer Homer E. Moncrief, Detention Officer Tabatha Bouldin, SR. Detention Officer Tenniah Ross, Education Director Youth Interviewed Youth S.M.B. 11 years old Youth J.S. 16 years old Youth K. D. 17 years old Youth A. D. 17 years old Youth T. S. 13 years old Youth J. S. 15 years old
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Introduction This report is the result of my sixth official visit to the Henley-Young Juvenile Justice Center. I visited the facility from December 15, 2013 through December 20, 2013 for the purpose of an official inspection. I would like to thank the staff and County Administration for their cooperation during my visit.
The facility hired a new director, Brenda Frelix, in September 2013. She must ensure that the facility’s administration has a conceptual understanding of juvenile detention. There is a need now to develop definitions and specifications for each member of the administration as it relates to operational hierarchy; who’s on first and how he or she functions. These duties should indicate how each position performs and its specific responsibilities. Again I will assert that the facility has had a major turnover at the director’s level, and now it is imperative that a strong, clear, detailed administrative structure as to operations be established. During my review of documents, I found numerous “directives” issued by Ms. Frelix. This issuing of single “directives” is fine for clarification purposes. However, directives are not policies and procedures and can become confusing to staff. I would recommend that Ms. Frelix continue to focus on policies and procedures which will assist in guiding staff in implementing proper facility rules and regulations. The facility should be mission driven. The policies and procedures are originates from the mission. Ms. Frelix needs to develop “corrective action plans” to identify what has to be done, who is responsible for the action, and a reasonable time for the action to be completed. This helps to create measurable benchmarks. I have made this recommendation to the previous directors, in the past. I have provided examples of corrective action plans and my expectation is that Ms. Frelix, will perform in this manner .It should be noted that the facility have moved 13 provisions to partial compliance and 3 to substantial compliance. Although there is a way to go this is commendable. The facility must now maintain this momentum.
Staffing The facility continues to have inadequate staffing levels to ensure a safe and secure environment. There are still youth who are being left without any supervision. The county has hired new staff but this has not helped the staffing situation due to attrition. Salaries are not sufficient to attract and keep staff.
The National Partnership for Juvenile Services (NPJS) has provided a “train-the-trainer” program at Henley-Young for the juvenile detention staff (see attachment 1 “summary of training provided and recommendation for next steps”). The facility now needs to identify the trainers, and what areas each trainer will provide. This is necessary to develop a comprehensive training program for all staff, which shall be incorporated in the beginning for new staff to the facility. This helps to negotiate the culture and practices of juvenile detention. As part of the training program, each new or existing member of the staff should have a personal copy of the policies and procedures manual to reinforce each training module. Further, each staff member should be required to learn these policies and procedures. The facility has developed 11 new policies with procedures which is commendable however there is still much work to be done for this juvenile detention program. Although policies are being developed, the facility administration must ensure that staff is following the mandates set forth. This is not a “check the box” process; the policies and procedures must become a part of the normative culture of the facility. This “check the
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box” process was evident during my review of an admission process (see exhibit 1). The staff was so busy processing the resident that he was given an orientation pamphlet and told to review it, sign it and was asked if there were any questions. This process took approximately 30 seconds. Residents entering the facility should be given enough time to become more fully oriented into the program.
It should be noted that the County has installed a new monitoring system which includes sounds that will enhance the security, however, it is not meant to negate or replace the lineof-sight supervision required by staff. The County’s enhancement of the monitoring system is commendable.
Building cleanliness/environmental issues/maintenance The facility is still in need of skilled trades’ personnel (i.e. electricians, carpenters, plumbers, etc.). There are still rooms, leaking, showers and stalls, and sprinkler heads that need repairing. Again, please see room A107 (see exhibit 2). This room is of particular concern because, in my prior report, it showed where a resident was able to tie a shirt around the protruding pipe to harm himself .It should be noted that the youth was taking psychotropic medication (see last report). During this visit, the pipe still had not been covered and youth were still being placed in this room. This is a very dangerous and a liability problem for the County. This is emphasized because during my review of documents, there were several residents who showed suicidal gestures. One resident attempted to hang himself and another resident used staples to cut himself. Although these areas of residents attempting suicide are addressed in this report, good building maintenance will reduce the likelihood of residents following through on these gestures due to poor building repairs. It should be noted that good supervision will also reduce suicide attempts. As stated in my previous report, because institutions are so heavily used, there must be on-going inspections. The facility’s administration must ensure there is constant vigilance as it relates to building cleanliness and maintenance. As stated in my previous report, I found that whatever the facility’s administration focuses on, the facility will focus on - order, cleanliness, and safety - as key components for the facility’s leadership.
Mental Health As stated in my previous report, the mental health component of the facility still needs to be addressed. During this visit my documentation review, showed little had changed. Although there is a social worker from Hinds Behavior Health located on the court side of the building; she provides more social service and case management than she does mental health services. Although the case management services are much needed, the facility is in need of full-time mental health services. As stated above, in the maintenance portion of this report, several residents who are in need of mental health services are not having their needs met. Resident C.E. and Resident A.A. respectively, are in need of on-going mental health services. I found no psychiatric assessment, treatment plan, treatment team reviews, or progress notes. No plan of service was evident for these residents. In addition, based on my observation, I found no suicide cut down scissors on unit A and unit B available in case a resident becomes successful in attempting suicide (see exhibit 3). Further, I only found suicide cut down scissors on unit C. It should be noted that there were two sets of suicide cut down scissors on this unit. I am recommending that the administration check each area to ensure that these
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tools are available. Each unit should have available rescue tools. Please see mental health section in my previous report as it is still relevant. As stated in my previous report, there are some basic mental health services that should be available for residents at Henley-Young. These services, at a minimum, should include:
1) Appropriate and well-trained staff. 2) Treatment services on or off-site crisis intervention including short-term
individual and group therapy follow-up, as needed and psychotropic medication management. 3) Mental health, medical, and substance abuse services that are sufficiently coordinated such that patient management is appropriately integrated, health needs are met, and the impact of any of these conditions on any resident is adequately addressed. 4) All aspects of the standard are addressed by written policy and defined procedures.
Suicide Prevention During this visit and my review of documents, I again found residents who were in need of mental health intervention. As stated above, mental health services must be available to maintain the best level of functioning for residents at Henley-Young. A review of residents entering the facility and screened by MAYSI-2 reveals the need for follow-up intervention. These screenings again, identified indicators that stood out as potentially serious situations with serious consequences which were indicated in my last report. Those residents are A.D., J.S., A.P., K.D., J.C., G.J., K.B., and A.F. Although the facility has developed procedures for suicides, there is still the need for adequate mental health services. In identifying and addressing residents with potential suicide tendencies, the facility must understand the occurrence of a suicide might be more closely related to a trigger point in a resident’s life (e.g., placement in room confinement, disappointment in a failed family visit, telephone calls, etc.). My review of documents showed that there were four additional residents who attempted suicide since my last visit. This is a major concern and must be addressed immediately. It is imperative that each unit has the appropriate cut-down tools available at all times.
The facility must understand that even if staff feels the threat or an actual attempt is a manipulative gesture, the resident if not adequately supervised can kill him or herself by accident. Since juvenile detention is a very stressful environment, staff must observe these high risk residents on a continuous uninterrupted basis. In addition, a resident may not be suicidal when they are asked the question during intake screening, but become suicidal at a subsequent point in their confinement. Simply put, mental health services and suicide prevention go hand-in-hand. As stated in my previous report, a suicide prevention program must be developed which includes, at a minimum, the following:
1) A suicide prevention program includes the following outcomes: a) facility staff identify suicidal juveniles and immediately initiate precaution, b) suicidal juveniles are evaluated promptly by the designated health professional who directs the intervention and ensures follow-up as needed,
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c) actively suicidal juveniles are placed on constant observation; and d) potentially suicidal juveniles should be monitored on an irregular schedule with
no more than 15 minutes between two checks. If, however, the potentially suicidal juvenile is placed in isolation, constant observation is required. 2) Key components of a suicide prevention program include the following: a) training b) identification c) referral d) evaluation e) treatment f) housing and monitoring g) communication h) intervention i) notification j) review k) debriefing 3) The use of other juveniles in any way (i.e. companions, suicide-prevention aides) is not a substitute for staff supervision. 4) Treatment plans addressing suicidal ideation and its recurrence are developed, and patient follow-up occurs as clinically indicted. 5) The responsible health authority approves the suicide prevention plan; training curriculum for staff, intake screening for suicide potential and referral protocols, and training for staff conducting the suicide screening at intake. 6) All aspects of the standard are addressed by written policy and defined procedures. 7) Appropriate and well-trained staff.
Behavior Management/Isolation Based on my previous report, the facility is still in need of an adequate facility-wide behavior management program. I repeat that the facility must follow the recommendations as stated below. This is a reiteration of my previous report. It should be noted that staff relationships with juveniles are the primary source of managing behavior. Behavior management is about getting juveniles to learn new appropriate behaviors and to be consistent in behaving properly. Juvenile behavior management consists of helping residents understand what is expected in the environment and also helps them modify their behaviors while in the facility. The staff at Henley-Young is still in need of training to ensure that they understand the distinctions between punishment and discipline. The facility also needs to develop a positive incentive program for controlling irresponsible behaviors. There are four main areas the facility must look at when developing their behavioral management programs and the difference between the following:
1) Consequence: The effect, result, or outcome of something occurring earlier; 2) Discipline: Training to act in accordance with rules, to learn self-control; 3) Punish: To subject to pain, loss or confinement as a penalty for some offense,
transgression or fault; 4) Rewards
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The facility must also develop a point or level system that allows juveniles who exhibit positive behaviors to gain points and move to the next level in the facility. The juvenile should be able to trade points for special privileges (i.e. extra phone calls, extended visits, name brand deodorants, etc). Officers should be responsible for awarding points based on the resident’s behavior, their functioning in school, hygiene, building cleanliness to name a few. The supervisors should ensure the program is operating as designed to make sure there is no abuse by staff or residents of the program. My document review and observations indicate that residents are being locked-down too much at this facility. This has become a common practice due to a shortage of staff. In conclusion, de-escalation techniques are critical to the implementation and directing of any good behavioral management program as stated above.
Activities/Recreation/Programming Based on my most recent visit, I found that the facility continues to not have structured recreation activities and programming. This is an area that must be addressed. As stated in my previous report, the County should hire recreational staff that will be solely responsible for implementing programs and activities for residents. This program design should include activities for girls and boys inside and outside of their housing units. It should be noted that the facility is in the process of resurfacing the basketball courts. Once this is done and a recreational staff is hired, various activities can be implemented. There must also be adequate staff to ensure proper supervision during activities. Please review my last report.
Medical, Medication Review & Disposal During this visit, I found that the facility has hired two temporary registered nurses who are scheduled 6 a.m. to 8 p.m. Monday through Friday. In addition, the County is in the process of contracting medical services for the facility. Once the new medical services are in place, there must be policies, procedures and protocols that are followed by medical staff .It should be noted, there is no indication the two nurses will be retained .If they are not, the nursing development could start over and the progress they are making in this area would take longer.
As stated in my previous report there is also the need for a pharmacist doctor (Pharm D) or pharmacist to come in to review and/or discard any medications that are left at the facility and over the counter medications that have expired. In addition, the Pharm D can assist in providing information regarding medication and possible side effects and reactions for the staff as well as assist with policies, procedures and protocols for medication administration. Again, there must also be routine reviews of pharmaceutical services that can lead to a risk factor of sub optical provisions which include not having a medication administration report (MAR) completed properly or reflect accurate information (not giving medication on time; not sending medication home to complete course; or improper storage).
During this visit I also found that the facility does not have a system in place for biohazard waste (i.e. sharp containers, any soiled material that contains blood and body fluids). These services should be provided by an outside contractor specializing in disposal of biohazard materials. The red bags should be placed inside a biohazard container once ready for pick up. These things should be picked up on either a biweekly or weekly schedule based on the amount. It should be placed in a designated area and locked.
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Also I found during this visit that the facility does not have complete first aid kits available in the facility (see exhibit 4). It is very important that the first aid kits are complete because the facility does not have 24 hour medical staffing. The first aid kits need to be stocked accordingly to the list requirements (see exhibit 4).
As discussed in my previous report as it relates to residents’ physicals, the forms should be revised to state “nursing assessment and history” (see exhibit 5) which will be for nursing staff to complete. This would include a system for a head-to-toe assessment which is completed by the nurse. The “physical examinations” forms are to be completed by a medical doctor, physician, nurse practitioner or physician assistant. Another alternative is for the County to send the nursing staff to obtain certification to complete physical examinations. Based on my review of the documents and interviews with nurses, there is no testing for HIV, Hepatitis, STI, TB or pregnancy. With all the tattoos the residents are receiving, Hepatitis is becoming more prevalent. In addition, due to no testing of STI’s undiagnosed cases of Chlamydia which is known as a silent disease because of no symptoms; can lead to sterility in youth. In addition, there should be a nurse with mental health training to understand the mental health lingo because there is a difference in their training; this nurse will be able to know when there is a risk for suicide or self-mutilation, behavioral problems, depression, etc. When the facility hires a nurse that is familiar with the mental health procedures, they will be better equipped to deal with situations that involve residents who continuously complain about headaches, stomachaches and backaches which could be signs of depression. In addition, there is also a need for a sick call system to be in place. I am recommending that a sick call system be developed where there is a set schedule for completion of these medical requests (also known as “kites”). Kites should be picked up and addressed on a regular basis at least twice a day (morning and afternoon). This information should also be documented in the resident’s medical files.
As stated in my previous report, the facility must ensure that medical files are properly maintained and secured. I would direct the County to purchase the files that were suggested previously to assist the medical services area in developing an adequate filing system. This filing system should be used to control how information is separated, stored and retrieved. Without a good filing system, information placed in a storage area would be one large body of information with no way to tell where one piece of information stops and the next begins. In addition, these files should be placed in a locked filing cabinet and only retrieved as needed and by authorized personnel. Once files are completed, they should be returned to the secured area from which they were taken.
As it relates to medication the following should be addressed at a minimum: A. Storage Monitoring 1. All medications that require refrigeration will be stored in a clean, secure refrigerator with the appropriate temperature. 2. Refrigerator temperature monitoring will occur daily and documented on a log. 3. Inspection of medication storage sites will be done at least monthly by a licensed pharmacist. Special attention will be paid to orderliness and cleanliness. A written report will be provided to the Director or designee.
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4. Identification and disposal of expired medications will occur at least monthly.
5. Ultimate disposal will be provided by a company licensed by the State of Mississippi for the purposes of medical waste disposal.
B. Audits 1. A formal pharmacy audit will be done by a licensed pharmacist at least quarterly to evaluate compliance with the State of Mississippi Pharmaceutical Regulations. 2. A report will be delivered to the to the Director or designee i. A corrective action plan will be completed for review by the Director or designee at least quarterly ii. The Pharm D or designee will discuss audit reports at the Joint Staff meeting. All staff will participate in the corrective action plan development.
As stated in my previous report, I am recommending at a minimum the following protocols be put in place as it relates to universal precautions:
1) Common sense hygienic practices:  Wash your hands frequently, before and after handling any and all potentially infectious materials  Wash your hands after removing gloves.  Be sure to wash, as soon as feasible, any part of the body after an inadvertent contact with another person's blood or body fluids.
2) Wear proper protective clothing, where feasible when faced with a potential exposure situation.
3) Wear latex/vinyl disposable gloves:  Subsequent to any searches, a visual search shall be conducted by conducting a physical search of any room, closet, etc.  When handling any potentially contaminated materials/subjects.  When handling sharps.
4) Replace gloves if torn, punctured, contaminated, or if their ability to function as a barrier is compromised. Never wash or decontaminate disposable gloves for reuse.  Wear protective outerwear such as a gown, mask, booties, surgical cap or hoods, etc.  When large volumes of blood and or body fluids are expectorated or inadvertently can occur.  When cleaning any potential contaminated site.
5) Wear protective outerwear such as masks, eye protection and face shield.  Whenever splashes, spray, spatter or droplets of blood or other potentially infectious materials may be generated.  Whenever the eye, nose or the mouth contamination can be anticipated.
6) Remove immediately or as soon as feasible any garment contaminated by blood or other potentially infectious materials (OPIM), in such a way as to avoid contact with the outer surface.
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7) Have change of clothing available.
For further assistance, I would direct the facility to review the Mississippi Pharmacy Practice regulations part 3001. This would provide a structure and assist the facility with compliance.
Food Service Based on my last visit and observation, I found that the quality of the food was better and aesthetically more pleasing. However, residents continue to complain about not having enough food, and that food which is supposed to be hot is still cold upon its arrival on the units. Also, I would recommend that a major cleaning of the kitchen be done for sanitation purposes. For example the warming ovens, (see exhibit 6).
During this visit, I found that the food service schedule was not being followed. For example, each day during this visit, food was served at different times specifically, the evening meals (4:30 p.m., 5:00 p.m. and 5:30 p.m.). There must be consistency in the time residents receive their meals to ensure that meals are provided at regular times during each 24 hour period with no more than 14 hours between evening meals and breakfast. Each resident has the opportunity to have at least 20 minutes of dining time for each meal.
I am again reiterating that food service is an important part of institutional life. A comprehensive food service program must be developed if the facility is to meet the unique needs of its juvenile population. Juvenile health, nutrition, and morale in this environment are all directly related to the effectiveness of the food service program. Meals served to incarcerated juveniles must be nutritionally balanced and calorically adequate. They must be tasty, appealing, and served in an aesthetically acceptable manner to avoid conduct and behavior problems. If juveniles believe the facility’s staff and management have maximized their efforts to provide a healthy and appealing food program, conduct could improve.
Juveniles typically have less than desirable eating habits. Nutritional guidelines for juveniles are extrapolations from the recommendations for children and adults. Recommended dietary allowances relate to the general time and rate of the juvenile’s growth spurt is very important. Therefore I am recommending a meal pattern that provides nutritionally balanced meals with food items selected from various food components listed below:
 Breads, cereal, and other grain products (including several servings a day of whole-grain products)
 Fruit  Vegetables (includes all types with dark green leafy vegetables and dry beans
and peas used several times per week)  Meat, poultry, fish and alternatives (5 to 7 ounces, lean per serving)  Milk, cheese, yogurt, etc.  Fats and sweets (at a minimum)
There still is a need to address the above mentioned areas as it relates to food services.
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89 day program/Juvenile Court As discussed in my previous reports, the 89 day concept is a very admirable idea. Again, I reiterate, for this court program to function or to operate successfully, there are major changes needed as it relates to programming and staffing. At this point, the program is more a revocation program than a therapeutic, treatment program that was intended. As I have stated in my previous reports, for this program to be effective and successful, the following areas must be incorporated in the program:
 Sufficient staff  Target appropriate juveniles for the program (i.e. medium to high-risk)  Target risk factors for delinquent behavior that are responsive to intervention  ensure they are individualized and family based, and delivered in community
settings when discharged  Programming based on a particular treatment model  well-trained staff and a program director who strongly supports the program
outside of the facility’s director  Deliver a sufficient amount of treatment  Adhere to a program design  Monitor juveniles’ progress on an ongoing basis and modify the program as
needed  Provide aftercare services  Individual treatment plan (ITP) that reflects why the juvenile is in the program
and what goals juvenile should accomplish during his stay. Also mentioned in the ITP is the juvenile’s individual education plan (IEP), which specifies how to accomplish the juvenile’s educational goals.  Develop cognitive behavioral programs confront juvenile’s thinking errors and teach juveniles to overcome their thinking errors as a means of behavioral change.  Develop positive peer culture (PPC) that teaches juveniles to assume responsibility for helping one another. It is based on the belief that the most powerful influence on a resident’s behavior is peer pressure. PPC’s goal is to teach basic values related to caring for others. PPC is centered on frequent meetings of small groups of juveniles (6-12) and one or two staff leaders. The juvenile are encouraged to help each other.  Develop strength based practices that help juveniles to become accountable for their actions and responsible for their behaviors. Accountability is realized when a juvenile admits to the wrong and changes his/her behavior. When juveniles get into trouble, the care worker will initiate more behavior changes in juveniles by having them focus on how to solve their problems.
To ensure that there is an accountability case management in the 89 day program, I am recommending the following model be implemented:
 specifying troublesome behaviors  identifying need(s)
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 setting goal(s)  evaluation

Need

physiological, social, psychological requirement(s) for the well being of

an individual

Goal

behavioral statement of how the individual will be at the end of a

specified period of time

Service Action behavioral statement of what the case manager plans and does to assist

the individual(s) in achieving the goal

Evaluation systematic collection of information on goal indicators and/or service

action(s) for the purpose of decision making and planning

In addition, the court has to determine what therapeutic programs they will be using. An example of these programs would be psychoanalytic therapy, behavioral therapy, rationale emotive therapy, persons centered therapy, reality therapy, etc. It should be noted that I found in my review of documents, observations, and discussion with staff and residents no difference in the 89 day program than in the general detention program. One staff put it quite profoundly by stating “when these youths get a long term sentence through the 89 day program they don’t care and they are causing most of the problems. Detention is a short termed program and they are getting long term sentences.”

School The school has hired a new Educational Director, Tenniah Ross, who has been onsite for two months. During my discussion, I found her to be very professional and focused on developing adequate policy and procedures for the school. I also found Ms. Ross is very focused on creating more of a “team” environment that works cooperatively with the juvenile detention program. With Ms. Ross being new, I am suggesting that she follows the recommendations mentioned in my previous report regarding the school.

The school should review their staffing to ensure that it is meeting the needs of the educational program (i.e. need a recreational staff and an additional GED teacher).

I would also recommend that the school and the facility review the policy of not allowing residents to return to school after court.

In addition, the following areas should be addressed based on my interviews from my previous report with school staff:

A.

“policy and procedure”

B.

“everyone needs to know what to do”

C.

“the expectations should be written even kids should know them”

D.

“policy and procedure should be based on standards”

E.

“everyone should have the tools to do their job”

F.

“proper staffing is needed”

G.

“staff should be well trained to deal with this type of population”

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These are areas that should also be addressed as I have discussed in my previous reports. In addition, the school should use small portable classrooms (which can be placed on the grounds of the facility within the security fencing) to help alleviate the congestion for students and teachers who are now forced to teach class in a storage closet, which is not conducive to learning. Again below are my recommendations from my previous reports.
Recommended School Plan: A. The Henley-Young Facility will create and implement a plan to provide all of the following services and programs within their control related to the aspects of residents’ education: a. maintain an adequate physical facility for education, b. provide adequate security and support in the classroom, c. establish an in-school points system based on rewards and consequences for behavior, d. establish and implement a schedule for transporting residents to and from school that assures that residents will have the opportunity to receive the required hours of educational services mandated by law. B. Develop policies and procedures for all of the areas discussed above.
Solution/Plan 1. The Henley-Young Facility will make every effort to develop and formalize an interagency agreement between the Jackson Public School System and the HYC that: a. Provides adequate security within the school premises (including classrooms) for all residents including those residents requiring protective services or other special needs. b. Residents requiring protective services or other special needs shall have the same or equivalent educational services as other residents. c. Create an alternative educational plans for residents removed from the classroom for medical or behavioral issues. d. Provides a schedule for transporting residents to and from school that ensures that residents will have the opportunity to receive the hours of educational services mandated by law. e. Outline a cross training curriculum for HYC school employees and detention employees, which include an orientation and a safety curriculum and mandatory annual refreshment training for employees of the school. f. Ensure trainings will provide educational staff with appropriate facility policies that relate to or overlap with the school’s operations to include the policies regarding rules, discipline and the behavior management program. g. Include development of a plan and appropriate materials for various educational levels, to be distributed and explained to residents in the health care unit, in room confinement or otherwise unable to participate in normal school classroom activities. h. Ensure the class schedules are driven by the security of the facility and that the school looks toward developing individual learning plans for each student in the school.
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2. The Facility Director or designee shall review the circumstances surrounding the placement of all residents who are in isolation or seclusion, or residents who do not attend school for medical reasons and other behavioral maintenance processes to assess the feasibility of an early release to attend school each day. a. A list of the residents that are not allowed to attend school and the reasons for the administrative restriction shall be documented and distributed to the Principal of the HYC School. b. The Facility Director shall designate a liaison to interact with school daily and the JPS Administration should create a position for Compliance Administrator to review the progress of the school on a weekly basis. c. All instances in which school activities are suspended by the facility due to incidents or other extraordinary circumstances shall be reported to the Compliance Administrator within 24 hours.
When the School Principal or designee is having issues, whether of a safety nature or any other problems, they should be reported to the compliance administrator and the facility Director or designee immediately. I am recommending again that the Jackson Public School system (JPS) hire a compliance officer to ensure that the school educational standards are being met.
Below are the compliance ratings and summary of ratings that will be used in this report. Please be reminded that though most are in Non-Compliance, policy development is most important and the start of this process. However, as stated above the facility has made progress on some provisions which moved them from Non-Compliance to beginning compliance.
Please note that many of the comments and recommendations in the provisions are restatements of previous reports because in those areas little movement has been made. The new Director should use these comments as a road map to developing a successful facility plan. She must also develop a comprehensive corrective action plan for guidance. That plan should have the following:
A. Clearly state the problem or weakness, including the root cause
B. List the individuals who will be accountable for the results of the corrective action plan
C. Create simple, measurable solutions that address the root cause
D. Each solution should have a person that is accountable for it
E. Set achievable deadlines
F. Monitor the progress of the plan
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The graph has been included to show the progress made thus far on the 71 provisions:

80 71
70
60
50

Compliance Summary
59 54

40

35 36

37 34

30 30
25

20

17

12

13

10

3

000

00

00

00

00

0 Report 1

Report 2 NC ReportB3C

PRCeport 4 SC

Report 5

Report 6

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Compliance Code Measurements

Substantial Compliance (SC): Practices follow the county-approved policies, training materials or other documents; practices follow policy with rare exception and exceptions lead to corrective action; trained staff fill all positions and vacancies are filled within 3 months; the County has completed work in an acceptable manner; policies, procedures and practice and training are operational and quality-assurance audited and audit exceptions lead to corrective action; outcomes meet or exceed agreement requirements.

Partial Compliance (PC): Policy and procedure is implemented in some but not all locations or times; staff are hired but not trained; the County is working on implementation but tasks are not completed; system implemented at some but not all locations or times, outcomes meet or exceed agreement requirements some of the time and in certain area.

Beginning Compliance (BC): Policy and procedure is written by the county but has not been implemented; funding and hiring authority are approved by the County but positions are not filled; training materials prepared and approved by the county but training has not started.

Non-Compliance (NC): No action taken and immediate steps needed to maintain schedule or prevent further delay. A policy may exist, but the policy may need significant revision or modifications and rarely translates into practice.

Provision

Intake

1.(1) All Residents Admitted to Henley Young 1.(2) MAYSI-2 Mental Health Screening 1.(3) Prescription Medications 1.(4) Meal Compliance 1.(5) Telephone Usage 1.(6) Strip Search Policy

4th Report
NC NC NC NC BC BC

5th Report
NC NC NC NC BC BC

6th Report
NC NC NC BC BC BC

Provision 2.(1) 2.(2) 2.(3)

Staffing and Overcrowding Direct Care Staff Ratio Maximum Capacity Adjustment One-Person Cell

NC

NC

NC

BC

BC

PC

BC

BC

PC

Provision

Cell Confinement

3.(1) Structured, Rehabilitative & Educational Programming NC

NC

NC

3.(2) Appropriate Access to Living Unit

NC

NC

NC

3.(3) Dangerous Residents

NC

NC

NC

3.(4) Isolation

NC

NC

NC

3.(5) Direct Care Staff on Units

BC

BC

BC

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Provision

Structured Programming

4

Educational, Rehabilitative, and/or Recreational Programs

4th

5th

6th

Report Report Report

NC

NC

NC

Provision

Individualized Treatment Plans/Treatment Program for Post-Disposition Residents

5.(1) Residents Access to Adequate Rehabilitative Services

NC

NC

NC

5.(2) Health and/or Substance Abuse Treatment

NC

NC

NC

5.(3) Treatment Plans

NC

NC

NC

5.(4) Review of Individual Treatment Plans

NC

NC

NC

5.(5) Evening and Weekend Programs and Activities

NC

NC

NC

5.(6) Quality Assurance Program

NC

NC

BC

Provision

Disciplinary Practices and Procedures

6.(1) Implement a Discipline Policy and Practice

6.(2) Policy for Residents Violations

NC

NC

NC

NC

NC

NC

Provision

Use of Restraints

7.(1) Mechanical Restraints

BC

BC

BC

7.(2) Mechanical Restraints – Transportation

BC

BC

PC

7.(3) Misuse of Mechanical Restraints

BC

BC

BC

7.(4) Mental Health – Use of Mechanical Restraints

NC

NC

BC

7.(5) No Restraint Chairs, Chemical Restraints and/or Tasers BC

BC

SC

7.(6) No Hogtying in Facility

BC

BC

SC

7.(7) Mechanical Restraints – One-On-One Supervision

BC

BC

PC

7.(8) Mechanical Restraints – Notice to Medical Professional BC

BC

BC

7.(9) No Electronic Restraints

BC

BC

PC

7.(10) No Firearms in Facility

BC

BC

SC

Provision

Use of Force

8.(1) No Misuse of Use of Force

8.(2) Notice to Medical Professional After Use of Force

NC

NC

NC

NC

NC

BC

Provision 9.(1) 9.(2) 9.(3)

Meals and Nutrition All Meals and Snacks Must Be Nutritional Comply with Nutrition Guidelines Provide Drinking Water Throughout the Day

BC

BC

PC

BC

BC

BC

BC

BC

BC

Provision

Clothing

10 Provide Basic Clothing Items

BC

BC

BC

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Provision

Hygiene and Sanitation

11.(1) 11.(2) 11.(3) 11.(4) 11.(5)
11.(6)
11.(7)

Provide Appropriate Hygiene Products Provide Sleeping Mats and Blankets No Deprivation of Mats and Blankets Sufficient Sanitary Mats and Blankets Clean and Sanitary Environment Fire Safety, Weather Emergencies, Sanitation Practices, Food Safety, and Provide Safe Environment Clean Drinking Glasses and Eating Utensils

4th Report
BC BC BC BC BC

5th Report
BC BC BC BC BC

6th Report
BC PC PC PC BC

NC

NC

BC

BC

BC

PC

Provision

Medical Care

12.(1) Provide Residents With Adequate Medical Care

NC

NC

NC

12.(2) Provide Medical Professional When Needed

NC

NC

NC

12.(3)

Implement a Sick Call Policy to Ensure 24 Hour Services

NC

NC

NC

12.(4)

Prescription Medications Only Dispensed by Medical Staff

NC

NC

NC

12.(5) Provide Medical and Mental Health Services

NC

NC

NC

12.(6)

Proper Monitoring Residents Who Require Individualized Attention

NC

NC

NC

Provision 13.(1) 13.(2)
13.(3)
13.(4) 13.(5)
13.(6)

Mental Health Care Provide Adequate Mental Health Care Residents and Psychotropic Medications Within 72 Hours of Admittance Complete an Individual Mental Health Treatment Plan Implement Policies and Procedures for Referrals Sufficient Psychiatric Services Psychiatrist and/or Counselors to Record Review to Ensure Proper Care

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

Provision

Suicide Prevention

14.(1) Multi-tiered Suicide Prevention Policy

BC

BC

BC

14.(2)

Evaluate Highest Level of Suicide Watch Every 12 Hours by Medical Professional

BC

BC

BC

14.(3)

Closely Monitor Suicide Watch Residents During All Activities

BC

BC

BC

14.(4)

Court Shall be Notified Within 24 Hours of Any Residents on Suicide Watch

BC

BC

BC

Provision

Family Support and Interaction

15.(1) Visitation Shall Not Be Restricted or Withheld

15.(2) Provide Accommodations for Contact Visits

BC

BC

PC

BC

BC

PC

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Provision

Family Support and Interaction (cont.)

15.(3) Visitation Shall be Regularly Scheduled 15.(4) Phone Calls Shall be Allowed Based on Policy

4th Report
BC BC

5th Report
BC BC

6th Report
PC BC

Provision

Miscellaneous Provisions

16.(1) Provide Equal Access To All Services

BC

BC

BC

16.(2)

Provide the Opportunity To Participate In Large Muscle Exercise Every Day

NC

NC

NC

16.(3)

Prohibit the Use of Profanity in the Presence of Residents

BC

BC

BC

16.(4) Provide Adequate Grievance Policy

BC

BC

BC

16.(5)

Provide Residents of All Ages With the Opportunity to See Their Attorney and/or Residents Court Counselor

BC

BC

BC

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The following are my observations and recommendations specific to the provisions of this agreement.

1. Intake Provision1.1 Intake Status Discussion
Recommendations

All residents admitted to Henley-Young shall receive a health screening, within 1 hour of admission or as soon as possible as reasonably thereafter, by appropriately trained staff as required by Mississippi Code Annotated § 43-21321. Information obtained during the screening shall include, but shall not be limited to, the juvenile’s: (a) Mental health; (b) Suicide risk; (c) Alcohol and other drug use and abuse; (d) Physical health; (e) Aggressive behavior; (f) Family relations; (g) Peer relations; (h) Social skills; (i) Educational status; and (j) Vocational status.” Mississippi Code Ann. § 43-21-321(1). During this screening, Henley-Young shall obtain information regarding the resident’s educational status by having the residents or intake officer complete an education screening form developed and provided by the Jackson Public School District.
Non-Compliance
Based on my most recent visit the facility is still not in compliance My observations, review, and interviews, indicate that the facility does not meet the requirements for this provision. The facility is still in the process of developing policies and procedures in addition to ensuring that areas A through J are part of the intake process. As it relates to policy, there has been none presented for review and approval. Also, according to this provision information acquired should be completed by an Intake Officer and educational screening forms developed and provided by the Jackson Public School District. Therefore there is no movement on this provision. Please see recommendations below. These are the same recommendations based on previous report. The provisions remain in non-compliance.
1. Fully develop admitting policies and procedures to reflect provision 2. The court should provide staffing for intake purposes 3. The facility should provide enough staff to fully cover the care and
custody issues in the facility 4. Ensure all staff who admit residents are properly trained 5. Develop training records 6. Provide documentation in a organized way on residents being
screened/admitted (files) 7. Ensure all residents’ records are available for my review with all areas
of the provisions placed in the resident’s file

Evidentiary Basis Document review, observation, interviews

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Provision 1.2 Intake
Status Discussion

All residents shall receive a MAYSI-2 mental health screening upon admission, as required by Mississippi Code Annotated § 43-21-321. The screening will be conducted in private by appropriately trained staff of Henley-Young. If the screening indicates that the residents is in need of emergency medical care or mental health intervention including, but not limited to, major depression, suicidal ideation, withdrawal from drugs or alcohol, or trauma, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation immediately or as soon as reasonably possible.
Non-Compliance
The facility is doing the MAYSI-2 screening appropriately, however there continues to be residents that have been identified with warning and caution signs regarding their behaviors that have not received follow-up care by mental health professionals. An example is resident GJ who entered the facility on three separate occasions with MAYSI-2 scores that identify his need for mental health services, yet he has not received them. Also residents AD and JS are also examples of residents who did not receive follow-up services based on their MAYSI-2 scores.
During this visit I again reviewed several residents’ files as I noted in the introduction; and their mental health needs are still not being met. This is again an indication of the need for direct access to mental health care at all times. As I stated in my previous report, the research has clearly stated that over 60% of residents entering a juvenile facility have some diagnosis of mental disorder. I spoke with Angela Harvey, a mental health therapist from Hinds Behavioral Health. As a mental health professional she provides parental intake and social services support through the courts. She does not provide mental health services in the facility i.e. participate in mental health treatment teams, monitor the administration of medication, dosages, or identifying the reasons for the treatment. Also Ms Harvey cannot provide the services of a physician or clinician that is a qualified professional, who would identify “triggering events” or “ticklers”, related to the health and safety concerns, which would activate an unscheduled review (e.g. a significant clinical change of improvement or deterioration, a crisis, etc.) which should be documented in the resident’s record.
The facility needs first to answer the following questions below; then follow the recommendations.
A. What are the program objectives for mental health screening?
B. What are the characteristics or common traits the program wants to identify for emergency or follow-up clinical consultation?
C. What MAYSI-2 scores will the facility use as the signal for the program staff to obtain clinical consultation or services?
D. What mental health follow-up services are available when the

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resident’s MAYSI-2 score indicates that they are needed?
E. In what way will the facility develop a database that creates a profile of mental health needs in the population and program decisions and adjustments needed to improve mental health services for the residents?

Recommendations

1. Develop comprehensive policy and procedures for this provision. 2. Develop residents files that are organized and arranged properly 3. Develop training and provide documentation of training 4. Identify person or person(s) whose responsibility is to score the
instrument 5. Provide documentation on who reviews the instrument and note
what services are provided for the residents in the facility and what services should continue when the residents leave the facility 6. Develop process whereby facility staff and court employees develop system for the sharing of information and reviewing of residents’ files which are centrally located and accessible to detention staff.

Evidentiary Basis Document review, observation, interviews

Provision 1.3 Intake
Status Discussion

Prescription medications will be secured for all residents who have a valid, current prescription within 8 hours of admission, if possible, but in no case, longer than 24 hours after admission, including weekends and holidays. If during a resident’s detention, a medical professional either prescribes a new medication or renews a resident’s previous prescription medication, HenleyYoung will secure the prescription medication within 8 hours of receiving the prescription, if possible, but in no case, longer than 24 hours after receiving the new prescription, including weekends and holidays. Henley-Young shall procure and/or purchase all prescription medications prescribed to confined residents.
Non-Compliance
During this visit, I reviewed several residents’ files as I noted in the introduction; and their needs are still not being met. Specifically, training of universal precautions is sorely needed. It should be noted that based on the fact that the medical program is not in place and files are in disarray, determining whether or not residents are receiving new prescriptions or if prescriptions are received within 24 hours is problematic at this time. This should be a part of the new medical policies, procedures and protocols once the new medical contract is in place.
Based on document review, interviews and observations, the facility remains non-compliant with this provision. Therefore, the facility should continue to follow the recommendations below which are the same as in the previous

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report. The initial intake/admission process is a critical part of residents’ transition when they are entering the facility. During my review I found that because of the lack of staffing, it was very difficult for staff to really get a firm understanding of residents when they entered the facility. On one occasion during my visit, staff members were pulled from the Master Control area to ensure that a resident was admitted.

Since my last visit the facility has hired a second registered nurse who has been on board five weeks. Her schedule is 2:00 p.m. to 8:00 p.m. Monday through Friday. Having two RNs is a major improvement in the medical services however there is still a need for a physician to direct medical care. The nurses cannot prescribe medications, perform invasive evaluations, and when needed, write standing medical orders. Further they cannot perform complete physicals on residents when they enter the facility .It should be noted ,youth are not receiving physicals as required based on minimal juvenile detention standards and the Mississippi youth Court code (43-21-321). In addition, there is no Pharm D to oversee medication administration and dosage. I saw no biomedical hazard receptacles, which implies that the facility has no contract with a waste removal

Recommendations

The first aid kits are incompletely stocked and stocked with out-dated equipment (see exhibit 4). While the facility is soliciting a medical provider to carry out medical services it still has the responsibility to maintain medical/medication and all other medical needs to the residents. Based on my review of documents and observation, over the past two years no doctor, physician’s assistant or practitioner has been hired. Also, there are no policies, procedures or protocols to guide these nurses. Therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.
1. Hire a Medical Doctor to direct medical care. 2. Develop written policy and procedures or protocol for this provision 3. Document staff training on distribution and side effects of medication 4. Provide documentation on efforts to obtain prescription drugs

Evidentiary Basis Document review, observation, interviews

Provision 1.4 Intake
Status
Discussion

Upon admission to Henley-Young, all residents shall be offered a snack or meal in compliance with the United States Department of Agriculture’s School Meals Program standards.
Beginning Compliance
Based on my observations and interviews with residents, they are continuing to complain about not receiving snacks or meals upon admission. In addition there is no formal way of tracking the offering of snacks. As I have noted in the introduction; there needs to be a systematic way to keep track whether

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residents are provided snacks or if they are offered and refused.
During this visit, my interviews with residents and my observations, all indicate that some residents were being offered snacks or meals upon their admittance to the facility and others are not. Because there is no record keeping regarding this provision it is hard to keep track of what is or is not happening. Policies and procedures are developed around this provision however it should be revised to include a way of tracking when and what residents are offered and whether the residents receives or refuses the offering. This can be accomplished by either notations in the log book or a specific form. A tablet can be used for this specific purpose.

Recommendations

1. Continue in the development of policies and procedures for this provision.
2. Procedures should be part of intake/admission procedure. 3. Ensure there are snacks or sandwiches available for residents being
admitted between 6 pm and 5 am.

Evidentiary Basis Document review, observation, interviews

Provision 1.5 Intake
Status
Discussion

Upon admission to Henley-Young, all residents shall be permitted to telephone a parent or legal guardian free of charge and to take a shower before being placed on the pod.
Beginning Compliance
Based on my observation and review, the facility has developed a policy regarding this provision as stated in my previous report. I did observe residents allowed to make telephone calls however due to the shortage of staff several residents did not take showers upon their arrival at the facility. This time it occurred because there was a female officer admitting the residents and there was no male officer available to provide shower services for the males. When the male officer did arrive later in the day, he immediately took the residents to their units.
A newly admitted resident must shower during the admitting process, in the intake area, as opposed to the units so there is no interruption of the units programming. The resident must stay in holding area until a gender appropriate staff is available to assist with showering.
In addition, this also begs the question of whether the residents were properly searched. Actions like this have the potential for major negative consequences e.g. a weapon on the unit, drugs or other contraband entering the facility. The facility has a policy and procedures, (6.A.1) requires all new admissions receive a snack or meal whichever is appropriate and a shower before being transported to their unit. This policy was not being adhered to during my visit. This is a
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Recommendations

good policy with clear procedures which should be followed. This is an indication of the lack of training and a basic understanding of the policy. This should be addressed during the implementation of the policy and procedures and the training of staff. If staff has been trained, they need retraining. Also see provision 15.4 on the topic of phone calls.
1. If officers have been trained on this policy, they may need retraining. 2. Develop a consistent way to document the intake process that shows that a
phone call and shower were completed. 3. Develop policy and procedure for this provision.(executed) 4. Train staff and document this training.

Evidentiary Basis Document review, observation, interviews

Provision 1.6 Intake Status Discussion
Recommendations

Within 60 days of the date of this agreement, Henley-Young shall develop and implement policies that limit strip searches to instances where Henley-Young staff has an articulable suspicion that a resident may possess weapons or contraband. Anytime a strip search is conducted, Henley-Young staff must document, in writing, their suspicion, obtain permission from a supervisor, and conduct the search in a manner that minimizes the intrusion into the resident’s privacy.
Beginning Compliance
Based on my observations and review, as stated in my last report, the facility does have policy and procedures for this provision. During my interview with residents I found no residents who acknowledged there was inappropriate intrusion during the search process upon their admission to the facility. I did review the process, and to become further compliant with this provision there must be documentation of the policy and documentation of staff training on this procedure. Although this is an area of concern, strip searching is necessary to ensure no contraband enters the facility. As long as searches are conducted in a humane manner by an officer of the same sex as the resident, no resident’s rights are being violated. My greatest concern was that in my interviews I learned that some of the residents reported that they were not searched before being placed on a unit. The process I observed was very loose and not well structured. It is important that the officers follow the policies and procedures as they direct this process. To fail to follow these procedures presents the possibility of having a very dangerous situation in the facility. The facility must follow its policies and procedures to provide a safe and secure environment. Continue to comply with this provision.
Staff must be provided with the necessary training with information stating the trainer, name of the training class/course, time, date and location of training. This documentation should be kept and logged in facility records

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Evidentiary Basis Document review, observation, interviews

2 Staffing and Overcrowding

Provision 2.1 Staffing and Overcrowding

Within 90 days of the date of this agreement, Henley-Young shall operate with a direct care staff to resident ratio of 1:8 from the hours of 6:00 a.m. until 10:00 p.m. and a ratio of 1:10 from the hours of 10:00 p.m. to 6:00 a.m.

Status

Non-Compliance

Discussion

In my interviews with staff and my review of the documents the facility is still falling short of the needed staff to properly run the facility. In the introduction I addressed the fact that the facility is hiring staff. However, attrition is negating the value of the new staff. Staffing continues to be a challenge at the facility. Although the County has allocated funding for several new positions, there are still times when residents are left unsupervised or the ratio far exceeds the staffing. During this visit, I arrived at the facility on a Sunday and found residents locked down. According to the residents and staff “they are always short on Sundays so they rotate who will be let out. And we must lock the residents down for safety.” Also Sunday is visitation day when parents show up. If that happens, then all residents will be locked down, and if there is a new admission, residents will also be locked down sometimes on the unit without any supervision.”

Based on my previous review, I am again reiterating that although the facility is not overcrowded it still suffers from staff shortages. Since the facility is short on staff, the staff members are under pressure to keep the peace at all cost. Several officers I interviewed during this visit continued to express concerns regarding their ability to do their jobs, sighting staffing as the problem. One officer stated that staff members avoid conflict with the residents by “letting things slide.”

This is another indication that when there is not sufficient staff available, officers have a tendency to not engage residents on their inappropriate behavior, which in turn affects any structured programming. Again, the Henley-Young officers are compelled to react to minor misbehaviors, out of fear that small situations will become big ones. As stated in my last report, they are locking down residents that present potential conduct issues so other residents will be safe. Further, the officers are not equipped to handle residents with mental health problems. This thinking only exacerbates a resident’s misbehavior when they are outside their rooms because they have nothing to lose because their misbehavior only gets them a return to their rooms. The approach is counterproductive and not in line with good juvenile detention practices. Because there are no qualified mental health professionals at Henley-Young, residents are isolated and their needs are not being met. This situation places direct care staff in a quandary on how to handle these residents. Without regular access to

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mental health professionals, children often deteriorate and staff members become apprehensive regarding their next step, so isolation becomes the norm. This should be addressed by the new director. During this visit my observations and my record review revealed that because of the inadequate staffing levels there are no consistent security checks of residents who are placed on behavior management or isolation. There were residents place on behavioral management and isolation without the appropriate documentation on the doors. This indicates that the residents are not being properly observed during this period, and that no records are being made of the residents’ behavior while in behavior management or isolation. Therefore, there is a need for major training as it relates to behavior management and isolation of residents at Henley-Young.
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Recommendations Units

Day Shift Evening Shift Night Shift Total

A officer

3

3

2

8

B officer C officer

3

3

2

8

3

3

2

8

D officer

3

3

2

8

Intake

1

1

1

3

Master Control

1

1

1

3

Staff for Court

Transportation

2

2

4

Internal

Transportation

2

2

4

Laundry

2

2

4

*Director

1

*Deputy Director

1

*Operation

1

Manager

Supervisors

3

3

2

8

26

23

Duty Post Staffing/Administration

12

61

61 Direct care/supervisor/laundry staffing X 1.5 Relief Factor—Total staff needed to effectively operate the facility—91.5 1 to 8 Awake —1 to 10 Sleep

Misc. post coverage Medical/MH Hospital Runs One on One MH/Medical Visitation *Administration *Maintenance

Evidentiary Basis Document review, observation, interviews

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Provision 2.2 Staffing and Overcrowding
Status Discussion

If the staff-to-residents ratio falls below the requirements of section 2.1 for longer than two (2) days, the Director or his assignee shall immediately identify residents accused of nonviolent offenses who are eligible for less restrictive alternatives to secure detention and request an emergency release for eligible residents from the appropriate Residents Court. The maximum capacity of Henley-Young shall be calculated by determining how many direct care staff members can supervise residents in accordance with section 2.1. The current maximum capacity of Henley-Young is 84.
Partial Compliance
The policy for the release of nonviolent residents in the instance of overcrowding at the facility has been signed by the Court Administrator, the YC Judge and the Executive Director. Procedures have been written; now the facility needs to complete training and documentation of training for implementation.

Although the facility has not reached its maximum capacity of 84 there is a procedure in place to ensure steps are taken for releasing of residents who meet the criteria. However, the facility staffing issues continues to be a major concern.

Recommendations

Continue to provide training to ensure that everyone is aware of the new policy and prepared for implementation should the need arise.

Evidentiary Basis Document review, observation, interviews

Provision 2.3 Staffing and Overcrowding Status
Discussion
Recommendations

No more than one resident shall be placed in a one-person cell.
Partial Compliance I found no indication that the facility had more than one resident in a room. The facility has developed policies and procedures for this provision.
1. Develop and provide adequate training for this provision. 2. All training shall be documented.

Evidentiary Basis Document review, observation

3 Cell Confinement

Provision 3.1 Cell Confinement

Residents shall be engaged in structured, rehabilitative, and educational programming outside of their cells during the hours of 7:00 a.m. to 9:00 p.m. each day, including weekends and holidays.

Status

Non-Compliance

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Discussion

During this visit, I still found no indication that structured rehabilitative and educational programming was occurring. There was no posting of activities within the facility and I found no documentation.

Recommendations

Please review the introduction as it pertains to activities, recreation and programming. As to the school I direct you to read the introduction and I further recommend that the school be fully evaluated. My review of the files showed that there is no case management within the facility as a whole. According to the residents, their basic recreation consists of playing cards and dominoes. They are allowed to go outside but there are no scheduled activities. Other than sitting on the bleachers and playing basketball for those who are engaged in that sport, there was nothing for residents to do. There are no positive behavioral management programs within the facility.
1. Develop policies and procedures for this provision. 2. Review the schedules to be sure that they adequately reflect all daily
activities. 3. Develop positive behavior management systems with rewards and
consequences. 4. Remove the dark film from the Plexiglas in towers on unit which
would allow staff to view the unit without there being visual obstruction (when lights on). Executed 5. Develop monthly recreation schedule. 6. See all of the recommendations for recreation activities and programming and for the school in the introduction.

Evidentiary Basis Document review, observation, interviews

Provision 3.2 Cell Confinement
Status Discussion

Except when residents are in protective custody or confined subject to section 3.3 of this Settlement Agreement, residents placed in the Suicide or Booking cells shall be allowed to spend the hours of 7:00 a.m. to 9:00 p.m. on the appropriate living unit and to have the opportunity to engage in structured, rehabilitative, and educational programming, unless medically counter-indicated.
Non-Compliance
My review of documents and observations showed that the facility still has not developed policy and procedures for this provision. During my review, I found residents on the unit living area not being supervised. Again, as stated in my introduction, there were residents who were not allowed to attend school for the remainder of the day after returning from court. This is an issue that needs to be addressed immediately. I observed one female resident who wanted to return to school but was not allowed. As stated previously, I recommend that students who are disruptive in the classroom and are removed from the classroom receive either behavioral

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management or are written up and receive due process. However, they should continue to be a part of the educational process. The school needs to revise any policies they may have regarding suspension of students from a school within a controlled environment. A student cannot be suspended from school in a detention facility therefore the school needs to develop a better behavioral management system. If a resident is removed from school due to behavioral problems that resident should never be placed in the booking area.
The facility still needs to develop data collection tools to use to determine and identify who is placed on units, time, length etc. when they are placed out of school. The facility remains non-compliant with this provision, therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.

Recommendations

1. Follow recommendations as set forth in section 3.1. 2. Develop adequate policies and procedures for this provision. 3. Develop data collection for residents who are placed in protective
custody or confinement. 4. Residents who are removed from school should be placed in a
designated living area.

Evidentiary Basis Document review, observation, interviews

Provision 3.3 Cell Confinement
Status Discussion

Residents who pose an immediate, serious threat of bodily injury to others may be confined in their cells for no longer than 12 hours at a time without administrative approval. Residents who are placed on cell confinement for this reason shall be released from their cells daily to attend school, maintain appropriate personal hygiene and to engage in one hour of large muscle exercise. Staff must perform visual checks on residents who are subject to cell confinement every 15 minutes. Staff must document all instances of cell confinement in writing and must document the justification for determining that a resident poses an immediate, serious threat of bodily injury.
Non-Compliance
During this visit, I did find that the facility has developed a system for procedural due process for facility violations. However, I did not find any indication of 15 minute checks performed while residents were confined to their rooms. The facility still needs to develop policy and procedures and train staff on the process. In my interviews with staff, I learned that they are unfamiliar with any due process isolation policies and procedures. As stated in my previous report I did review the new forms developed, they are aligned with best practices, however they are not being appropriately used.

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Recommendations

See my discussion of this matter in the introduction. Though processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and standardized way of running the facility.
1. Develop adequate policies and procedures for this provision. 2. For residents placed in their rooms, develop forms that indicate the
time residents will be in their rooms and post it on their doors. 3. Ensure that supervisors sign off on the form in 15 minute staggered
visual checks when residents are placed in their rooms. 4. Develop a system of major and minor consequences for behavior. 5. Develop form for 15 minute checks and include in policy.

Evidentiary Basis Document review, observation, interviews

Provision 3.4 Cell Confinement Status Discussion
Recommendations

Residents shall not be automatically subjected to cell confinement and/or isolation upon their admission to Henley-Young unless he or she would be subject to cell confinement under section 3.3.
Non-Compliance
As I address this provision, I must first state that the violation of this provision is directly associated with the lack of staff to properly admit residents to the Henley-Young facility. The facility is still coordinating this provision with provision 3.3 and policies and procedure are still in developmental stages. Once completed training and documentation will need to be addressed. However, during my visit on several occasions, I observed residents that were placed in their rooms and locked down because there was a lack of staff, with no orientation and no freedom to move about the unit. This can only be addressed when there is enough staff. No residents should be gratuitously subject to lock down. Please review my introduction.
1. Develop adequate policies and procedures for this provision. 2. Ensure all staff is trained and document training. 3. See provision 3.3

Evidentiary Basis Document review, observation

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Provision 3.5 Cell Confinement Status Discussion
Recommendations

At all times between the hours of 7:00 a.m. to 10:00 p.m., at least one direct care staff shall be stationed on any living unit where two or more residents are placed, and direct care staff shall be actively engaged with residents. From 10:00 p.m. to 7:00 a.m., staff shall conduct visual checks on residents every 15 minutes. Henley-Young shall ensure that every cell has an operating intercom that allows residents to communicate with staff at all times.
Beginning Compliance
The facility has developed a policy and procedures regarding this provision. Again due to the lack of staff, it is very difficult for the facility to address this provision. During this visit I found residents were left unsupervised as stated in my previous reports and this continues to happen. Residents were still left alone on the unit; residents were locked down on A unit while B unit residents were out (see exhibit 8). Basically the facility was rotating residents out on living units to accommodate the shortage of staff. Again, residents were on the unit without supervision although one staff was in the tower. There were doors opened on the unit which also allows for serious things to happen between residents. This is a major area of concern and must be addressed. It continues to make me uneasy as it has during my previous visits. Review of documentation and direct observation reveals that staffing continues to be a major problem at Henley-Young. The facility remains non-compliant with this provision, therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action. Since a policy has been developed this provision remains in beginning compliance, see introduction.
1. Develop adequate policies and procedures for this provision. 2. Provide adequate staffing. 3. Provide adequate staff supervision.

Evidentiary Basis Document review, observation, interviews

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4 Structured Programming

Provision 4 Structured Programming

Henley-Young shall administer a daily program, including weekends and holidays, to provide structured educational, rehabilitative, and/or recreational programs for residents during all hours those residents shall be permitted out of their cells, pursuant to section 3.1. Programming shall include:
a. activities which are varied and appropriate to the ages of the residents;
b. structured and supervised activities which are intended to alleviate idleness and develop concepts of cooperation and sportsmanship; and
c. Supervised small group leisure activities, such as a wide variety of card and table games, arts and crafts, or book club discussions.

Status

Non-Compliance

Discussion

The residents continue to play cards, play basketball and watch television. The problem is that there are no formalized, regulated, scheduled, daily activities. When a facility operates in this type of chaotic fashion it leads to upheavals in the residents’ behavior and confusion for the staff. Because there is no one dedicated specifically to recreation the present recreation program is little to none.

Recommendations

The facility had developed a daily schedule however because of inadequate staffing, the schedule is not followed. During this visit, there were no arts and crafts programs and no structured or supervised activities. The schedule that was once posted no longer exists. The facility still needs to develop this provision. It remains non-compliant with this provision, therefore I am reiterating that the suggested actions and recommendations from this report be reviewed and put into action.
1. Continue to develop adequate policies and procedures for this provision.
2. Provide adequate schedules for weekdays and weekend programming and act on it.
3. Develop an adequate monthly recreation schedule with age appropriate games and programs.
4. The facility need to hire an officer dedicated to developing and monitoring recreational programs.

Evidentiary Basis Document review, observation, interviews

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5. Individualized Treatment Plans Treatment For Post-Disposition Residents

Provision 5.1 Individualized Treatment Plans Treatment Program for PostDisposition Residents

Henley-Young shall ensure that residents have access to adequate rehabilitative services. Henley-Young shall ensure that children placed in the facility post-disposition will receive constitutionally compliant rehabilitative services.

Status

Non-Compliance

Discussion

See the discussion of the 89 day program in the introduction.

Since there is no structured programming outside of individual counseling, the County may want to hire case managers to provide initial and ongoing case management services (i.e. treatment planning, family assessments, educational assessments, referrals for mental health or health services). Also the case manager will identify indicators of goals achieved, specify the person responsible for implementing the resident’s and family’s treatment goals; update treatment plans; and develop discharge plans with recommendations. In addition, the facility needs counselors who are responsible for a resident’s safe adjustment to secure confinement.

Recommendations

1. Develop adequate policy and procedures to meet this provision. 2. Either fund properly or discontinue the 89 day program. 3. Review light weight residents in program (i.e. disturbing the family
peace) and find alternative placement for them. 4. Fund appropriate staffing to develop individualized treatment plans
for residents in 89 day program. 5. Develop and fund alternative community programming for residents
in 89 day program that can be serviced in community. 6. Hire 3 case managers who are assigned and work for the facility
director.

Evidentiary Basis Document review, observation, interviews

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Provision 5.2 Individualized Treatment Plans Treatment Program for PostDisposition Residents Status Discussion
Recommendations

Henley-Young shall ensure that residents in need of mental health and/or substance abuse treatment and/or who are in the facility post disposition shall have appropriate treatment plans developed and implemented in accordance with generally accepted professional standards of practice for mental health and rehabilitative services.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating the action and recommendation from my previous report below.
Residents entering the facility pre or post disposition (89-day program) still have no treatment plan as it relates to mental health although some residents are being seen by Hinds Behavioral Health counselors. Once a resident enters the facility and the screening shows evidence and warning signs of suicidal ideations, traumatic experiences, depressed moods, and/or somatic complaints etc. that are indicated by the MAYSI-2, the residents should be evaluated and have a treatment plan developed.
There is no documentation to show that treatment was provided to residents based on identified warning signs; there are no treatment plans available, and there is no mental health staff available to implement the treatment plans. Also, I found no treatment plans for residents that were currently at the facility or post treatment plans for residents leaving Henley -Young. Interviews with staff showed they were very frustrated with the lack of mental health services at the facility. In addition, there is no functional system in place to address residents with mental health issues or exhibiting mental health behaviors. Also, residents having problems within the school should at least have an IEP to determine whether they are in need of placement within the special education program over and above any need for mental health services. At this point, there is no indication that any mental health services, beyond the MAYSI-2 are being provided other than those services provided by Hinds Behavioral Health which is limited at best. However, I found no documentation of any services provided to residents at Henley-Young (i.e., treatment plans, screenings or evaluations .etc), see introduction.
1. Develop adequate policies and procedures for this provision. 2. See recommendations under (5.1).

Evidentiary Basis Document review, observation, interviews

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Provision 5.3 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status Discussion
Recommendations

Henley-Young shall implement policies and procedures for the required content of treatment plans, which shall include;
a. That the treatment plan be individualized; b. An identification of the mental and/or behavioral health and/or
rehabilitative issues to be addressed; c. A description of any mental health, medication or medical course
of action to be pursued, including the initiation of psychotropic medication; d. A description of planned activities to monitor the efficacy of any medication of the possibility of side effects; e. A description of any behavioral management plan or strategies to be undertaken; f. A description of any counseling or psychotherapy to be provided; g. A determination of whether the type or level of treatment needed can be provided in the resident’s current placement; and h. A plan for monitoring the course of treatment, and if necessary, for revising the treatment plan. i. A description of the precise terms the of the facility’s long-term and short-term objectives for the residents, the full range of services to be provided, and procedures, and timetables and staff assignments for the implementation of such treatment plan; j. A plan for regularly engaging the family in the resident’s treatment plan; k. A comprehensive re-entry plan that will assist the residents re-enroll in their home school and access medical, mental health, Vocational and rehabilitative services based in the community.
Non-Compliance
The facility still has not developed policy and procedures for this provision. Please see previous report. As stated in provision 5.1, the facility still needs to develop the appropriate program structure with adequate staffing, adequate therapeutic treatment, supervision, education, etc. Henley-Young is still in Non-Compliance as it relates to this provision. Because there has been no movement on this provision, I am reiterating the actions and recommendations from my previous report below. See introduction.
1. Develop comprehensive policies and procedures for this provision that includes the contents (A-K).
2. The County/Court shall define the criteria for the program a. It is important that post dispositional programs in other facilities be reviewed. b. Often seeing what is being done in other facilities provides insight into how to develop and operate these programs.
3. Provide dedicated staff to manage program. 4. Provide intensive training to these staff members.
a. Train staff in various treatment modalities i.e. cognition,

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Evidentiary Basis

behavioral modification, modeling, psychotherapy, reality therapy, group therapy and group dynamics and other skills required to successfully facilitate the goals of the 89 day program. b. Create treatment teams c. Develop case planning and program development d. Assessment of the program to determine if it meets the needs of the court placed residents. e. Assessment tool to regularly monitor the success or lack of success of all residents in the program. 5. Provide auxiliary training to all other direct care staff.
Document review, observation, interviews

Provision 5.4 Individualized Treatment Plans Treatment Program for PostDisposition Residents Status
Discussion
Recommendations

Henley-Young shall institute a program of periodic staff reviews every three weeks and evaluations of each resident’s progress under his/her individualized treatment plan and of the appropriateness of the plan itself and Henley-Young’s plan for such review.
Non-Compliance
Based on my review of documents and observation, services are still not in place and are not being provided for this provision. I am reiterating the actions and recommendations from my previous report below. Please see the previous report and provisions 5.1 and 5.3, take note of the discussion of these issues in the introduction.
1. Develop comprehensive policies and procedures for this provision. 2. Provide training to all staff. 3. Identify roles and responsibilities of direct care, treatment and
educational staff as it relates to the staffing for 89 day program through policies and procedures and adequate funding and staffing.

Evidentiary Basis Document review, observation, interviews

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Provision 5.5 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement a program that provides for evening and weekend programs and activities that allow residents to engage in meaningful activities.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating the actions and recommendations from my previous report below. The programming of the facility is at a standstill as it relates to this provision. There are very few activities on weekends therefore there is no meaningful programmatic, structured activities except for card playing and dominoes. Take note of the discussion of these issues in the introduction.

Recommendations

1. Develop comprehensive policies and procedures to meet the needs for this provision.
2. Provide adequate staffing for this program. 3. Develop a monthly recreational program with activities. 4. Keep records of activities provided and note those that were not
provided and why. 5. Purchase board games etc. 6. Hire recreational staff.

Evidentiary Basis Document review, observation, interviews

Provision 5.6 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement an adequate quality assurance program.
Beginning Compliance The facility’s policies and procedures for an individualized treatment program for post disposition residents have not been presented or approved.

The facility still is in need of an adequate Quality Assurance program, which is not an overnight development, it is in progress. I have reviewed documents submitted to me by the QA coordinators that are in the beginning stages of development. Although they are in the beginning stages

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they are identifying several areas that are in need of corrective action, i.e. a behavioral point system, resident phone call logs, resident information packets and cleanliness. The focus of this area must be on developing a set of standards and methodologies for conducting regular quality assurance audits for all areas of disagreement. The audit forms should be created using clear statements about which standards are being met and which are not being met. Once the standards and audit tools have been developed, they will need to be tested and revised before a comprehensive internal audit can be conducted. Also, the County wants to make sure that external audits are conducted annually. This would provide a “check and balance” for the system.

The County must also develop adequate data collection systems that will assist in analyzing conditions and activities and will provide for complete reliable, high quality and accurate indicators of trends within the facility. Finally, the administration must ensure that staff documentation is clear and timely.

Recommendations

It should be noted that the courts must also be involved in the development of the quality assurance program. There must be a system in place to evaluate the 89-day program when residents are assigned to it. In addition, data should be collected and retained to determine if the program is achieving its expected outcomes. It is very difficult to develop an effective treatment program or individualize treatment plans without an adequate review of the processes in place.
1. Develop comprehensive policies and procedures to meet the needs for this provision for the facility, school program and SICU program.
2. Health Care: continuously assess the quality and adequacy of the health services provided, accurately evaluate the performance of staff providing health services and address identified deficiencies.
3. Recreation and Social programs: continuously assess the quality and adequacy of social and recreational programming provided; accurately evaluate the performance of staff in providing these programs.
4. Environmental Health and Safety: continuously assess the quality and adequacy of environmental health and safety, accurately evaluate the performance of staff in providing a safe and healthy environment and properly address identified deficiencies.
5. Discipline and order: continuously monitor use of discipline and promptly address misuse or over use of discipline and other identified deficiencies.
6. The facility will develop monthly performance measures to indicate achievement in the desired area.
7. Review State of Florida Quality Assurance Model and for assistance

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Evidentiary Basis

in developing contact CJCA Performance Based Standard for Juvenile Detention Programs, also use ACA standards to establish policy guidelines. 8. Develop data collection system
Document review, observation, interviews

6 Due Process/Isolation/Disciplinary Practices and Procedures

Provision 6.1 Disciplinary Practices and Procedures

Henley-Young shall implement a discipline policy and practice that incorporates positive behavior interventions and supports. This policy shall include guidelines for imposing graduated sanctions for rule violations and positive incentives for good behavior.

Status

Non-Compliance

Discussion

This is a critical component of the disciplinary and behavioral management process to ensure residents are treated fair, humane and that there is no misuse of the isolation and disciplinary process (review the introduction regarding this matter). The facility is implementing a due process behavior system which is partially complete. Based on my review of the documents the facility has initiated due process hearings, however staff officers are not adequately trained and the residents are not aware of the infractions and consequences because that have not received proper orientation to the program. The bottom line is there is no adequate orientation for entering the facility. There is still no positive incentive program for good behavior and sanctions for rule violation. Based on my review of documents and observation, positive behavioral intervention and supports are not in place and are still not being provided for this provision. I reiterate, the suggested actions and recommendations from my previous report. The facility should continue to follow the recommendations from the previous report. The facility is making improvement on the due process isolation and practice procedures. Although processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and standardized method of running the facility.

Recommendations

1. Develop adequate policies and procedures for this provision. 2. Develop new resident handbook. Residents are to receive these
handbooks during orientation. a) They shall include resident’s rights, major and minor rule violations
and the grievance policy. b) The handbook will explain to residents in their own language the
rules and shall also be explained by staff that will have them sign and date a form indicating that both processes have occurred. c) These rules shall be posted on each unit. 3. Due process rules shall be posted on each unit.

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4. Develop positive behavior intervention programs. 5. Assign and train an independent person(s) to handle due process
isolation hearings. The person(s) must be independent of the unit staff. 6. Ensure residents who are in isolation are provided recreation and
education services.
Evidentiary Basis Document review, observation, interviews

Provision 6.2 Disciplinary Practices and Procedures
Status Discussion

Residents who violate major rules may be subject to cell confinement for up to 24 hours for a single rule violation. An occasion in which a resident is alleged to have contemporaneously violated multiple major rule violations shall count as a single rule violation for the purposes of this section. No residents shall be confined to a cell for longer than 8 hours for a single rule violation without receiving written notification of the alleged rule violation and the occurrence of a disciplinary review/due process hearing before an impartial staff member, which includes participation by the accused residents. Under no circumstances shall residents be subjected to involuntary cell confinement for longer than 24 hours for disciplinary purposes. Residents who are placed on cell confinement shall be released daily from their cells to attend school, maintain appropriate personal hygiene, and to engage in one hour of large muscle exercise.
Non-Compliance
Based on my review of documents and observation, adequate disciplinary practices and procedures are not in place and are still not being provided for this provision. I am reiterating that the suggested actions and recommendations from my previous report be put into action and restated in the introduction.
During this visit, I did find youth who were placed in their rooms based on a due process hearing. However, there was no documentation placed on their door to determine why the residents were in their rooms for any length of time. Staff appeared to be placing residents in their rooms randomly without any supervisory approval. This should be addressed as soon as possible.
As it relates to a due process hearing, residents that commit major rule violations should be referred for a due process hearing based on the incident reporting process. When residents are accused of a major rule violation, they should be provided with a notice of the violation and an explanation of their right to have a hearing in which they are able to present their side of the event, call witnesses on their behalf and ask for staff representation if it is requested. The hearing officer is required to interview the resident and any parties that observed the incident. Residents who require a due process
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Recommendations

hearing who are on the mental health case load should have a qualified mental health professional determine whether being placed in isolation could cause a decline in functioning or any other relapse. The hearing officer may impose a variety of sanctions including the lost of privileges, restrictions, or isolation. The hearing officer may credit the resident for any time serve in behavior management isolation pending the hearing. The residents have the right to appeal the decision of the hearing officer to the Director. My review of documents and interviews with staff and residents revealed the need for additional training to take place regarding this process. The staff and residents were unfamiliar on how the process works; therefore it is critical for the facility administration to review their policy and procedure on due process. It should also be noted that residents must see the process as fair.
1. Develop policies and procedures for this provision. 2. Develop sheets to place on door of any residents in confinement that
identifies the reason for confinement and is review and signed by supervisor. 3. Ensure residents in confinement receive education and recreation services. 4. See 6.1 recommendations. 5. Provide training for all staff on these policies and procedures.

Evidentiary Basis Document review, observation, interviews

7. Use of Restraints

Provision 7.1 Use of Restraints Mechanical

Mechanical restraints shall not be used to punish residents or for the convenience of staff. Mechanical restraints shall only be used to prevent self-harm and/or harm to others, subject to section 7.4, and for transportation to and from court, subject to section 7.2.

Status

Beginning Compliance

Discussion

As stated in my previous report, the facility continues to follow the policies and procedures of this provision. To move past beginning compliance, staff needs to be trained and all training documented etc. based on recommendations below.

Recommendations

1. Officers shall receive training on policy and procedures. 2. Officers shall be trained on when it is appropriate to use mechanical
restraints. 3. All training shall be documented. 4. The policy will require the documentation of any use of mechanical
restraint and use of force incidents.

Evidentiary Basis Document review, observation

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Provision 7.2 Use of Restraints Mechanical
Status Discussion

Nothing in this section shall prohibit mechanical restraints from being placed on residents who are being transported to and from court or out of the facility, if staff have reason to believe that a residents presents a flight risk or is an imminent danger to the residents or others, or will engage in violent behavior. However, mechanical restraints should be removed immediately after the resident is placed in a cell and at no time shall a resident be placed in a cell wearing mechanical restraints.
Partial Compliance
Based on my review of documentation, on two separate occasions resident A.F. on 8/16/13 and resident A.H. on 12/10/13 were both placed in handcuffs and shackles because they presented behavioral problems; they were not being transported. I found no evidence of any de-escalation processes used prior to placing residents in mechanical restraints. The facility does have records of training staff in the use of mechanical restraints however there is a need to retrain staff to ensure continued compliance.

Recommendations

1. Develop and provide remedial training for this provision. 2. All training shall continue to be documented. 3. The policy will require the documentation of any use of
mechanical restraint and use of force incidents. 4. Operationalize the edicts of this provision.

Evidentiary Basis Document review, observation

Provision 7.3 Use of Restraints Status Discussion
Recommendations

Restraints shall not be used to secure residents to a fixed object such as a restraint chair, bed, post, or chair.
Beginning Compliance
The facility continues to be in beginning compliance. I found no indication during my visit or interviews that residents were being secured to fixed objects in the facility. However, to move past beginning compliance the facility needs to follow the recommendations (2, 3 and 4) below.
1. Complete the comprehensive policies and procedures for this provision.
2. Provide training for staff within the facility as described above on this provision and provide documentation of training.
3. Develop and use a mechanical restraint log. 4. Provide training on de-escalation techniques to try to use mechanical
restraints only as a regular part of facility transport.

Evidentiary Basis Document review

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Provision 7.4 Use of Restraints Status Discussion
Recommendations

No residents shall be restrained for longer than 15 minutes, unless restraints are approved by a mental health professional or if determined to be necessary under section 7.2 or as reasonably necessary to prevent the residents from engaging in acts of self-harm or harm to others. If a residents must be restrained for longer than 15 minutes in order to prevent self-harm, that residents shall, as quickly as possible, be evaluated by a mental health professional or transported to a mental health facility.
Beginning Compliance
As stated in my previous report, policies and procedures have been developed as it relates to this provision. However, the facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area. This provision should be included in policy and procedure development once a mental health professional or agency is retained. (Please review the introduction.)
1. Continue to develop comprehensive policy and procedures for this provision with mental health professionals.
2. Provide training for staff on policy and procedures and document training.
3. Provide training on de-escalation techniques. 4. Develop Mental Health protocols for this provision. 5. Hire mental health professional or agency.

Evidentiary Basis Document review

Provision 7.5 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not use, or allow on the premises, restraint chairs, chemical restraints and/or tasers.
Substantial Compliance
Based on my most recent visit and my review of documents, I found no indications that restraint chairs, chemical restraints or tasers have been used at the facility. However, the facility needs to ensure that officers remove their firearms and tasers prior to entering the secure area (i.e. intake). See recommendations below.
1. Ensure staff is following policies and procedures as it relates to this provision.
2. Document all training provided to all staff. 3. Ensure firearms and tasers are secured in a lockbox prior to entering
secured area. 4. Retrain staff when deemed necessary.

Evidentiary Basis Document review, video

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Provision 7.6 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not subject residents to “hogtying,” which is the practice of placing a resident’s face down on a bed, floor, or other surface, and securing the resident’s hands to his feet.
Substantial Compliance
Based on my most recent visit and my review of documents, I still find no indication that the facility is violating this provision. The facility does have a policy and procedures developed. See recommendations below.
1. Provide on-going training for staff on policies and procedures. 2. Continue to document all training provided to all staff.

Evidentiary Basis Document review

Provision 7.7 Use of Restraints Status Discussion
Recommendations

When a resident is placed in mechanical restraints, staff must provide oneon-one supervision for the duration of the restraint, except when mechanical restraints are deemed to be necessary for the reasons specified in section 7.2.
Partial Compliance
Based on my most recent visit and my review of documents, the facility has developed a policy and procedures for this provision. In addition, any residents placed in mechanical restraints should be seen by a medical professional as soon as possible to assess if there are any injuries. Additionally, in my review of the A.F. and A.H. situation, I found no indication that either resident received medical evaluation after the removal of mechanical devices.
1. Provide on-going training for staff on policies and procedures. 2. Continue to document all training provided to all staff. 3. Ensure that residents who are placed in mechanical restraints are
seen by a medical professional.

Evidentiary Basis Document review

Provision 7.8 Use of Restraints
Status Discussion

Henley-Young shall notify a medical professional whenever a resident is placed in mechanical restraints for reasons other than those specified in section 7.2. A medical professional shall examine the residents as soon as possible after restraints are removed, except when the residents was restrained for the reasons specified in section 7.2.
Beginning Compliance
Based on my observations and review of documents, I am reiterating that although policies and procedures are developed, there must be adequate training and instruction to ensure that staff complies with policies and

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Recommendations

procedures. In addition, incident reports must be reviewed by the supervisors to ensure that accurate information is being provided. There is a strong need for accurate and consistent reporting of incidents. When incidents are not reported correctly, the integrity of the reporting system falls into question. This is also a training issue, see provision 7.7.
1. Develop comprehensive policies and procedures for this provision.(Executed)
2. Provide training on policies and procedures. 3. Document all training provided to all staff. 4. Ensure that residents who are placed in mechanical restraints are
seen by a medical professional. 5. Ensure that information being reported is accurate and consistent.

Evidentiary Basis Document review

Provision 7.9 Use of Restraints Status Discussion
Recommendations

Hinds County does not currently and shall not in the future allow officers to enter the secure detention area of the facility with any electronic restraints, including, but not limited to, tasers.
Partial Compliance
During my recent visit and review of documents, I found no indication that any electronic restraints i.e. tasers had been used. However, there is still a need for training of staff and documentation of all training.
1. Provide training for staff on policy. 2. Document all training provided to all staff.

Evidentiary Basis Document review

Provision 7.10 Use of Restraints Status Discussion
Recommendations

Henley-Young is required to ensure that no officer enters the secure detention area of the facility with a firearm.
Substantial Compliance
The facility has developed policy and procedures for this provision. However, staff needs to remain vigilant in ensuring this provision is followed. Also see provision 7.9 as it relates to tasers.
1. Provide on-going training for staff on these policies and procedures. 2. Continue to document all training provided to all staff. 3. Have signs displayed at all entrances for securing firearms and
tasers.

Evidentiary Basis Observation

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8. Use of Force

Provision 8.1 Use of Force

Physical force shall not be used to punish residents. Staff shall only use physical force to stop residents from causing serious physical injury to self or others or to prevent an escape. If physical force is necessary, staff must use the minimum amount required to safely contain the residents. Whenever possible, staff shall avoid the use of force by first attempting verbal deescalation techniques. Staff shall be required to fully document in writing every instance of use of force.

Status

Non-Compliance

Discussion

Based on my review of documents, the facility still needs to develop policies and procedures for this provision. In my review of incident reports, I found that there have been incidents of use of force. However I found no indication that any de-escalation techniques were used. Although officers are doing reports, they are not accurately recording information. When officers are captioning information, it should be truthful, accurate and detailed enough so they can testify on their observations two years from now if needed. In reference to an UIR (unusual incident reporting) written regarding a female resident MT on 12/1/2013, the language and discussion of the report is confusing and unclear. It appears from reviewing this document that report writing training is needed. Also there is a major need for de-escalation and proper restraint training and accurate documentation of incidents. In addition, reports must be legible, in plain English, and specific behavioral terms should be used.

Another issue is that the facility is using different forms for the same purpose. There needs to be a single uniformed way of reporting all UIR incidents. In the reports filed regarding the incident involving residents JH and JM on 9/8/2013, JH, JM and MP on 9/9/2013 and the incident involving JS on 9/24/2013 there are many different reporting formats and forms used. Some reports were hand written, others were typed on plain paper as memos, and other were written using the UIR form, while the school uses another reporting method. This is not uniform and there is too great a variety of forms being used .There were similar concerns above in my last report.

Further, there is the issue of restraining residents. When residents are involved in an altercation and the officer has to physically restrain one or more residents involved, this is a matter where restraints i.e. physically holding, separating and/or removing the youth from the event are involved. Restraints are being used even though it is not mechanical. This was evident in my review of documents however it is not reflected on the UIR form, for example, UIR report 11/6/13 and report12/1/13 This is an indicator that the present form needs to be revised to incorporate the use of physical restraint.

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Recommendations

Regardless of how accurate and useful an observation may be, it has no value to others unless it is recorded legibly. Police and other juvenile detention facilities have addressed the legibility problem by typing their reports. Most agencies are completely computerized, and some are experimenting with laptop computers. Computerized records may eliminate legibility problems for this facility. Some reports are still written in flowing script (cursive) and on various forms .There should be one facility wide form used to capture information. This has been stated in my previous reports. In addition, there is a major need for data collection as it relates to use of force. This was also stated in my previous reports. There is a need for good data point keeping regarding, medical and mental health, education, social services and all other operational services provided to the resident. Good data will assist the facility in determining answers to some of the following examples:
A. The location of use of force B. The number of use of force incidents C. The number of use of force requiring mechanical restraints D. The type of restraint used E. Grievances F. The number of incidents requiring chemical agents G. The number of incidents involving non lethal security devices
(i.e. batons, tasers, etc.) H. The number of use of force incidents resulting in injury to
residents or staff I. Plan of action to address each incident (i.e. disciplinary action,
staff training or remedial training, resident’s isolation, resident’s behavior management, resident’s mental health screening or evaluation etc.) Please review my previous report .These same issues should be addressed.
1. Develop policy and procedures for this provision. 2. Provide training for on policies and procedures 3. Document all training provided to all staff. 4. Adapt an appropriate curriculum for training staff on the use of
verbal de-escalation skill and safe use of physical restraints or mechanical restraints. 5. Revise form to distinguish between physical and mechanical restraints. 6. Contact the National Partnership for Juvenile Justice for recommendations on training program in this area. 7. Document and file report when there is use of force. 8. Ensure any time use of force is used residents are seen by a medical professional

Evidentiary Basis Document review, interviews

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Provision 8.2 Use of Force Status Discussion
Recommendations

Henley-Young shall notify a medical professional, including but not limited to the licensed practical nurse on duty whenever physical force is used against a resident. A medical professional shall examine a resident immediately after the use of physical force.
Beginning Compliance
The facility has developed policies and procedures for this provision. However medical protocols needs to be developed to address this provision, there is nursing service available from 6:00 a.m. to 8:00 p.m. Monday through Friday and Saturday to Sunday for a minimum of four hours in the morning. This is provided by the two nurses recently hired. There is no service for residents during Saturday and Sunday. Based on my discussion with the County Administrator, the facility is still in the process of procuring a contract for medical services.
1. Complete procurement of services as quickly as possible. 2. Continue to develop comprehensive policies and procedures for this
provision. 3. Provide on-going training to staff on policies and procedures. 4. Continue to document all training provided to all staff. 5. Review nursing schedule and provide more hours at facility. 6. Provide written documentation of examination of residents by
medical professional in every instance. 7. Provide additional medical services after hours and on weekends.
(executed) 8. Document and file in resident’s records when there is use of force.

Evidentiary Basis Document review, observation

9. Meals and Nutrition

Provision 9.1 Meals and Nutrition

Residents shall be provided three meals and a snack daily. If a residents misses a meal because he or she is attending court, or some other appointment, he or she shall receive the missed meal upon his or her return to detention.

Status

Partial Compliance

Discussion

The residents still have major complaints regarding food service. In addition I found that there is no set schedule for food service. Although the food was better prepared, and more aesthetically pleasing, it was still cold. This was due to the meals not being served in a timely manner, with one meal not being served until 6:00 p.m. There must be consistency in the times residents receive their meals to ensure that meals are provided at regular times during each 24 hour period with no more than 14 hours between evening meals and breakfast. Each resident must have the opportunity to take at least 20 minutes of dining time for each meal. During

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a normal review of any institution there is an expectation that residents will make complaints regarding the food. However, each resident interviewed at Henley-Young had major complaints about the food, the portions, and the presentation of the food. During this review I observed the food and the distribution of the food.

Food service is an important part of institutional life. A comprehensive food service program must be developed if the facility is to meet the unique needs of its juvenile population. Juvenile health, nutrition, and morale in this environment are all directly related to the effectiveness of the food service program. Meals served to incarcerated juveniles must be nutritionally balanced and calorically adequate. They must be tasty, appealing, and served in an aesthetically acceptable manner to avoid conduct and behavior problems. If juveniles believe the facility’s staff and management have maximized their efforts to provide a healthy and appealing food program, conduct can and will improve.

Juveniles typically have less than desirable eating habits. Nutritional guidelines for juveniles are extrapolations from the recommendations for children and adults. Recommended dietary allowances relate to the general time and rate of the juvenile’s growth spurt is very important. Therefore I am recommending a meal pattern that provides nutritionally balanced meals with food items selected from various food components listed below:
 Breads, cereal, and other grain products (including several servings a day of whole-grain products)
 Fruit  Vegetables (includes all types with dark green leafy vegetables
and dry beans and peas used several times per week)  Meat, poultry, fish and alternatives (5 to 7 ounces, lean per
serving)  Milk, cheese, yogurt, etc.  Fats and sweets (at a minimum)

Recommendations

The meals I observed did not meet the above mentioned meal patterns. There has been a decline in food service at Henley-Young.
1. Continue to review portions to ensure residents receive enough food during meals.
2. Develop policy and procedures for this provision.(executed) 3. Continue to provide training for kitchen staff and all other staff
members involved with handling food and preparing meals. 4. Continue to document compliance with this provision.

Evidentiary Basis Document review, observation, interviews

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Provision 9.2 Meals and Nutrition Status
Discussion

All meals and snacks served to residents at Henley-Young shall, at a minimum, comply with the nutrition guidelines set forth in the United States Department of Agriculture’s School Meals Program standards.
Beginning Compliance
As stated provision 9.1 and in my introduction, residents continue to complain that they are not receiving enough to eat and that the food is still cold when it arrives on the units. This should be addressed.
It should be noted that I have not seen any training records or had the opportunity to meet with the nutritionist. The nutritionist should be made available upon my next visit.

Recommendations

1. Develop policy and procedures for this provision(executed) 2. Provide training for kitchen staff and all other staff members involved
with handling food and preparing meals.

Evidentiary Basis Document review, observation, interviews

Provision 9.3 Meals and Nutrition Status
Discussion

Residents shall be provided access to drinking water throughout the day.
Beginning Compliance
The facility has not replaced the non-functioning water fountains, therefore, I am reiterating the actions and recommendations from my previous report that shall be reviewed and followed. I have reviewed documents which show the County has conducted an environmental test on the water system and concluded it is safe. The water is still available to the residents through the Igloo coolers that have been purchased and this provision remains at beginning compliance based on my last report. It should be noted that residents continue to complain of not being allowed to have water after outdoor recreation and during school. In addition, based on my observation because of inadequate staffing residents are placed in their rooms limits their ability to have access to water when requested.

Recommendations

1. Contact County or State Environmental office to conduct test on water system. (executed)
2. Ensure residents receive water during school and recreational periods and at night.
3. Develop a policy for incidents regarding water quality and procedures to address them.
4. Repair inoperable drinking fountains.

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Evidentiary Basis Document review, observation, interviews

10. Clothing

Provision 10 Clothing

Henley-Young shall provide basic clothing items for residents at all times. These items must include, at a minimum, socks, underwear, uniform, shoes, and undershirts. For girls, these items must also include a brassiere. When appropriate, Henley-Young shall also provide residents with a coat, hat, and gloves. Residents must be provided with a clean uniform, socks, undershirt, underwear, and brassiere, if applicable, upon intake and at least once per day. No residents shall be deprived of these basic clothing items for any reason, including, but not limited to, as a punishment, because these items are being washed, or due to overcrowding.

Status

Beginning Compliance

Discussion

The facility has developed a policy and procedures for this provision. Based on my discussion with the residents and my observations the facility has purchased new sleepwear for the residents such that they don’t have to wear their daily clothes to bed. The residents continue to complain about their socks and underwear having holes. I did not find as many uniforms that were as tattered and torn as in my previous report. The facility still needs to hire staff dedicated to the laundry and care of the residents’ clothing. These persons would be responsible for the discarding of torn or wear-worn clothing, based on the system agreed upon by the facility. I also recommended in my last report that clothing be prewashed which would loosen the soil in the clothing in particular white clothing (i.e. undergarments). Again, there has to be a system for replacing clothing on a regular and consistent basis. The developed policy and procedures that I mentioned above should address some of these issues. I am also recommending as in my previous report, that the facility has dedicated laundry staff to assist in the policy being implemented properly.

Recommendation

1. Check washer and dryer to ensure they are working properly. 2. Ensure that girls and boys are equally involved in cleaning and
folding clothes. 3. Hire 2 laundry staff to ensure clothing is handled properly. 4. Ensure that all staff and residents wear protective material (smocks
and gloves) when handling chemicals and clothing. 5. Discard clothing that is torn, dingy and in poor condition. 6. Develop a system for replacing clothing on a regular and consistent
basis. 7. Develop schedule for distribution. 8. Develop a system for prewashing clothing (i.e. undergarments etc.)

Evidentiary Basis Document review, observation, interviews, photographs

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11. Hygiene and Sanitation

Provision 11.1 Hygiene and Sanitation

Residents shall be provided with the means to maintain appropriate hygiene, including soap and shampoo for showers, which will occur at least once daily, soap for washing hands after each time the residents uses the toilet, and toothpaste and a toothbrush for tooth brushing, which will occur at least twice daily, a comb and brush, that if shared, shall be sterilized between uses by residents. Girls must be provided with panty liners on a daily basis and other feminine products as needed. Residents will be issued a comb and brush upon entering the facility; however, if residents are issued a recycled comb or brush or a comb or brush that has been used by another residents, Henley-Young shall ensure that the comb and brush is sterilized and in good condition.

Status

Beginning Compliance

Discussion

Although the facility is in beginning compliance, during my review of documents and my observations I found that the facility is not following its policies and procedures as they pertain to this provision. There were hygiene kits that were not complete, had no names, and residents continue to complain that they have to use each other’s hygiene products, i.e. toothpaste, deodorant, etc., (see exhibit 9). The facility has a policy (4.B.1) and procedures which staff is not following as it pertains to this provision. The facility now needs to provide training and ensure that the process outlined in the policy and procedures is followed. Also, residents continue to complain that other residents were using items from their hygiene kits. I found that residents are still using community toothpaste, which should not be occurring, please see exhibits. These areas should be addressed as soon as possible and the recommendations below are based on my previous report.

Recommendations

1. Ensure that hygiene kits are properly labeled and residents are not sharing each other’s hygiene products or items.
2. Ensure items such as hair brushes, if shared, are sterilized and in good condition.
3. Provide training for staff on these policies and procedures. 4. Ensure that clean face towels are available for residents. 5. Develop a schedule for distribution of hygiene kits.

Evidentiary Basis Document review, observation, interviews

Provision 11.2 Hygiene and Sanitation
Status

Residents shall be provided with sleeping mats and blankets that are clean and odorless sleeping mats shall be sanitized between uses by residents, and residents shall receive clean blankets weekly.
Partial Compliance
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Discussion Recommendations

Policies and procedures have been developed. The facility has provided training to ensure that the process outlined in the policies and procedures is followed. The facility needs to continue to monitor the condition of the blankets and mattresses for signs of holes and tattering The facility needs now to follow the recommendations below.
1. Continue to discard all blankets and mattresses that are tattered and have holes in them.
2. Clean and maintain laundry area in orderly fashion. 3. Develop forms or system of documentation for distribution and
inventory 4. Label and designate an area for towels, sheets, clothing etc.

Evidentiary Basis Document review, observation

Provision 11.3 Hygiene and Sanitation Status Discussion
Recommendations

Under no circumstances shall residents be deprived of mats and blankets.
Partial Compliance
The facility has moved to partial compliance for this provision. Now the facility administration needs to be vigilant regarding staff adhering to the process outlined in the policy and procedures regarding the issuing and maintenance of mats and blankets.
1. Provide training to staff on policy and procedures. 2. Develop system for inventory and distribution

Evidence

Observation, interviews and document review

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Provision 11.4 Hygiene and Sanitation Status Discussion
Recommendations

Henley-Young shall maintain a sufficient number of clean, sanitary mats and blankets that correspond with the facility’s maximum capacity.
Partial Compliance
The facility has moved to partial compliance for this provision. During my interviews with residents, I found no indication that residents were being deprived of mats and blankets and found that they were cleaned and sanitary. As stated in provisions 11.3, now the facility administration needs to be vigilant regarding staff adhering to the process outlined in the policy and procedures regarding the issuing and maintenance of mats and blankets.
1. Develop policies and procedures for this provision. (executed) 2. Provide training to staff on policy and procedure. 3. Provide an inventory of mats and blankets.

Evidentiary Basis Observation, interviews and document review

Provision 11.5 Hygiene and Sanitation
Status

Residents shall be provided with a clean, sanitary environment. Beginning Compliance

Discussion Recommendations

As stated in my previous report, the facility had begun to make environmental improvements in the physical plant; however, during this visit I found the facility is again falling into disrepair, it is dirty and not being maintained. Building maintenance is an ongoing and continuous process. Please review the introduction.
1. Develop policies and procedures for this provision. (executed) 2. See areas in discussion that should be addressed. 3. Develop housekeeping and cleaning schedule. 4. Develop checklist or inspection report for each unit and area of
building. 5. Develop work order system to ensure that when problem arise they
are addressed. 6. Develop corrective action plans as needed. 7. Provide training for staff on policy and procedures. 8. Ensure delivered food items are dated and rotated from old to new.

Evidentiary Basis Document review, observation, interviews

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Provision 11.6 Hygiene and Sanitation
Status
Discussion

Hinds County shall ensure that Henley-Young complies with relevant law regarding fire safety, weather emergencies, sanitation practices, food safety, and the elimination and management of environmental toxins.
Beginning Compliance
Based on my review of documents and observation, policies and procedures are in place. Now training and documentation is required to ensure compliance with this provision.

Recommendations

1. Develop policies and procedures and plans for fire safety, evacuation etc. (executed)
2. Develop adequate staff training regarding fire safety. 3. Properly maintain and repair fire equipment. 4. Ensure intercom systems are operating properly. 5. Ensure all mattresses used by residents are fire resistant. 6. Routinely test all fire equipment and system. 7. Ensure that all electrical outlets, wires and equipment (lights) are
properly working. 8. Develop work order system to ensure items are repaired. 9. Ensure that all areas in this provision are addressed by a certified
professional.

Evidentiary Basis Document review, observation

Provision 11.7 Hygiene and Sanitation Status Discussion
Recommendations

Residents shall be provided with clean drinking glasses and eating utensils.
Partial Compliance
The facility has moved to partial compliance for this provision. During my visit to the facility, I did not find and did not receive any reports of unclean drinking glasses or eating utensils. However, in my review of the kitchen, the kitchen equipment is in need of a major cleaning, (see exhibit 6).
1. Develop policies and procedures for this provision. (executed) 2. Provide a thorough cleaning of the kitchen and all equipment and utensils

Evidentiary Basis Document review, observation and interviews

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12. Medical Care

Provision 12.1 Medical Care

The parties agree, however, that henceforth, Henley-Young shall provide residents with adequate medical care, including: prompt screenings; a full physical exam within 72 hours after their detention hearing or disposition order, as applicable; access to medical professionals and/or prescription medications when needed; and prompt transportation to a local hospital in the case of a medical emergency. Hinds County is responsible for procuring and/or paying for all medications provided to residents.

Status

Non-Compliance

Discussion

The County has hired two contract Registered Nurses who cover the facility from 6 a.m. to 8 p.m. Monday through Friday and for four hours on Saturdays and Sundays. However there are no policies, procedures, or protocols in place for the facility. The County is soliciting proposals for medical providers to provide medical care for the residents. However, no contract has been signed. The County has the responsibility to maintain medical care and provide medication and all other needs for residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed .The County must look at the medical filing system in place at this point and change it to meet contemporary medical standards, see additional discussion in the sections 1.2 and 1.3.

Recommendations

1. Develop policies and procedures for this provision. 2. Develop policies and procedures and protocols based on standards
for Health Services in Juvenile Detention and Confinement facilities. 3. Provide training for staff members who administer medication to residents on proper usage and possible side effects. Also, train the staff on emergency protocols if side effects occur. 4. Have a licensed medical professional review and sign off on policy and procedures. 5. Have a licensed health professional periodically review and provide supervision to the nurse at facility. 6. Develop forms to coincide with provision. 7. Remove medication from bags and place them in secure, organized areas and develop forms to determine what medications are present in the facility at all times. 8. Hire or have on contract a physician to review medical area. 9. Ensure that residents receive vision exams, dental screenings, mental health screenings, hearing tests, etc. 10. Order folders with 2 dividers, end tab, classification folders in letter size with 2 prongs for medical charts.

Evidentiary Basis Document review, observation, interviews

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Provision 12.2 Medical Care Status Discussion
Recommendations

Henley-Young shall ensure that a medical professional is available to examine residents confined at the facility to identify and treat medical needs, when necessary.
Non-Compliance
Based on my review of documents and observation, the provision that states, “Henley-Young shall ensure that a medical professional is available to examine residents confined at the facility to identify and treat medical needs, when necessary”, is not in place and is still not being provided for this provision. The County is soliciting proposals for medical providers to provide medical care for the residents. However, no contract has been signed. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed, (see the introduction.)
1. Hire qualified medical professional for nights and weekend care. 2. Develop policies and procedures for this provision. 3. Provide training for staff on this provision.

Evidentiary Basis Document review, observation, interviews

Provision 12.3 Medical Care Status Discussion
Recommendations

Henley-Young shall implement its sick call policy and practice which ensures that confined residents who request non-emergency medical attention are examined by a medical professional within 24 hours of a residents placing him or herself on sick call, excepting weekends and holidays.
Non-Compliance
Although the facility has 14 hours nursing service daily during the week and four hours on Saturday and Sunday there is still no policy, procedures and protocols as to how sick-calls should be administered to residents. The facility must develop the processes, and practices for this provision. The County is still soliciting for medical practitioners to provide medical care for the residents. However, no contract has been signed. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see introduction.).
1. Develop policies and procedures for this provision. 2. Place a kite box on each unit. 3. Provide training for staff on this provision. 4. Nurse or designated person, making daily rounds to retrieve kites
(Request for Medical Service Forms).

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Evidentiary Basis Document review, observation, interviews

Provision 12.4 Medical Care Status Discussion
Recommendations

Prescription medications shall only be distributed by licensed medical staff or Henley-Young staff who has been trained by licensed medical personnel.
Non-Compliance
The facility has two registered nurses who are licensed to distribute medications to the residents. The problem is that the facility has no policies, procedures or protocols in place to direct this distribution. The County is soliciting proposals for medical providers to provide medical care for the residents. However, no contract has been signed. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see introduction.).
1. Develop policies and procedures to address this provision. 2. These policies and procedures must include the appointment of a
medication administration protocol. 3. There must be a medication record of all medicines administered.
a. One record to reflect all medicines leaving the pharmacy; b. An additional record kept in each resident’s case file. 4. Ensure that the training is comprehensive make certain that all medical contingencies are considered. 5. The staff should be trained on what side effects to look for drugs commonly prescribed to residents with mental health needs. 6. Provide training to staff on the policy and procedures for this provision. 7. All training should be documented and conducted annually.

Evidentiary Basis Document review, observation, interviews

Provision 12.5 Medical Care Status
Discussion

Medical and mental health services shall be provided in a manner that ensures the confidentiality of resident’s health information.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. The County is soliciting proposals for medical providers to provide medical care for the residents. However, no contract has been signed. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see introduction.).
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Recommendations

1. Develop policies and procedures to address this provision. 2. Get HIPAA requirements and institute them the facility. 3. Designate the persons who have access to the resident’s medical
records within the facility and outside of the facility, but within the juvenile justice system. 4. Provide training to staff on policies and procedures. 5. Provide training to staff on HIPAA requirements, and document training. 6. Designate a HIPPA Privacy Officer.

Evidentiary Basis Document review, observation, interviews

Provision 12.6 Medical Care Status Discussion
Recommendations

Henley-Young shall develop procedures for monitoring residents who require individualized attention because of medical issues that do not involve requiring the residents to sleep on a mat in the visitation room.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. The County is soliciting proposals for medical providers to provide medical care for the residents. However, no contract has been signed. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see introduction.).
1. Develop policies and procedures to address this provision. 2. Develop processes of continuous monitoring residents with stable
medical issues, i.e. the care for diabetic residents who are on an insulin regiment.
a. What are the medical requirements of the residents who need monitoring?
b. Who is responsible for the monitoring? c. How are the records kept of the monitoring? 3. Provide training to staff on the policies and procedures for this provision. 4. Annual competency training.

Evidentiary Basis Document review, observation

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13. Mental Health Care

Provision 13.1 Mental Health Care

Henley-Young’s contractor, Hinds Behavioral Health Services, shall provide adequate mental health services to all confined residents with a mental health diagnosis or serious mental health need, as indicated by the MAYSI-2. This shall include, but is not limited to, the provision of individual and group counseling sessions upon the request of a residents or the resident’s parent/guardian, access to a mental health professional at the detention center, and the distribution and medical monitoring of psychotropic medications by a medical professional.

Status

Non-Compliance

Discussion

Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. It is without question that there are residents entering this facility that need access to structured mental health services (i.e. residents C.E., A.A., and A.F. also see the mental health introduction). There are still inadequate mental health services at this facility. Generally accepted professional standards require that mental health counseling be provided frequently and consistently enough to provide meaningful intervention for residents. Although residents may be seen by Hinds Behavioral Health Services, there is no documentation that indicates the needs of the residents or any planned strategies for the residents once they return to the facility. The Henley-Young mental health counseling is inadequate to the needs of mentally ill residents in both frequency and content. My review of records reveals no evidence of any counseling or use of any treatment plans or strategies. It should be noted that treatment planning, including identifying symptoms and behaviors is a critical part of effective treatment for residents with mental health illness or problems. An effective program should communicate treatment plans for mentally ill residents to all staff involved in the management of the residents in this detention facility and services should be coordinated prior to their implementation. Although some residents who are in need of mental health services are in the 89-day program and are assigned case managers, these individuals have no mental health training and they serve primarily as liaisons between the facility and the courts rather than focusing on coordinating care at the facility for mentally ill residents.

Recommendations

1. Ensure that the facility has a Standardized Assessment Tool i.e. the MAYSI-2 to use during the intake process.
2. Develop policies and procedures to address this provision. 3. Provide training to staff on policies and procedures and provide
documentation of training. 4. Develop documentation that will track resident’s progress during
their stay at facility. 5. Ensure there is communication between Hines Behavioral Health

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Evidentiary Basis

Services, Juvenile Court Case Managers and Facility Staff on residents receiving mental health services.
Document review, observation, interviews

Provision 13.2 Mental Health Care
Status
Discussion

Residents who are confined for longer than thirty (30) continuous days and who are prescribed psychotropic medications, shall be evaluated by a psychiatrist every thirty (30) days. Such evaluations may be performed by and through employees of Hinds Behavioral Health.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed, please review the introduction.

Recommendations

1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures.

Evidentiary Basis Document review, observation, interviews

Provision 13.3 Mental Health Care
Status Discussion
Recommendations

Within 72 hours of a resident’s admission to the facility, staff shall develop individual mental health treatment plans for residents who are under the care of a mental health provider. Treatment plans shall emphasize continuity of care and shall ensure that whenever possible, residents are transported to appointments with their regular mental health provider, whether the appointments are standing or made after the resident’s initial detention.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed, please review introduction.
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures. 3. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation, interviews

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Provision 13.4 Mental Health Care Status Discussion
Recommendations

Henley-Young shall develop and implement policies and procedures for referring residents in need of psychiatric services to a licensed psychiatrist for a timely mental health evaluation. Such services may be provided by and through employees of Hinds Behavioral Health.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed please review introduction.
1. Develop policies and procedures to address this provision. 2. Provide and document training to staff on policies and procedures.

Evidentiary Basis Document review, observation, interviews

Provision 13.5 Mental Health Care
Status Discussion
Recommendations

Hinds County shall employ or contract for sufficient psychiatric services to permit a psychiatrist to fulfill the following functions:
a. conduct needed psychiatric evaluations prior to placing residents on psychotropic medications;
b. Monitor, as appropriate, the efficacy and side effects of psychotropic medications;
c. Participate in treatment team meetings for residents under the psychiatrist’s care;
d. Provide individual counseling and psychotherapy when needed; e. Evaluate and treat in a timely manner all residents referred as
possibly being in need of psychiatric services; and f. Provide adequate documentation of treatment. g. All evaluations and services outlined above may be performed
and/or provided by and through employees of Hinds Behavioral Health or any other duly qualified Mental Health agency.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed please review introduction.
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policy and procedures and document
training.

Evidentiary Basis Document review, observation

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Provision 13.6 Mental Health Care Status Discussion
Recommendations

The psychiatrist and/or counselors shall review, if necessary, incident reports, disciplinary reports, suicide watch logs, and lockdown logs of residents under their care to determine whether their treatment is working and, if not, how it should be modified.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed please review introduction.
1. The mental health of the residents in the custody of the facility needs to be closely monitored at all times.
2. The facility needs to develop policies and procedures to address this provision.
3. Provide and document training to staff on policies and procedures and document training.
4. Facility needs documentation from a mental health organization on plan of action for residents receiving a mental health services.

Evidentiary Basis Document review, observation

14. Suicide Prevention

Provision 14.1 Suicide Prevention

Henley-Young shall develop a multi-tiered suicide prevention policy that has at least three stages of suicide watch. Suicide watch shall not be used as punishment. The “suicide cell” shall be reserved for residents for whom the “suicide cell” is deemed necessary in conjunction with this suicide prevention policy.

Status

Beginning Compliance

Discussion

The facility continues to be at beginning compliance for this provision. The facility has developed policy and procedures for this provision. Now the facility must develop training programs to ensure that staff learn and adhere to the policy and procedures. Further, staff must become familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program, please review introduction.

Recommendations

1. Develop policies and procedures to address this provision. (executed)
2. Provide and document training for staff on policy and procedure. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program.

Evidentiary Basis Document review, observation

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Provision 14.2 Suicide Prevention

Any residents placed on the highest level of suicide watch shall be evaluated by a mental health professional, ideally within 12 hours, but in no case longer than 24 hours of his or her placement on suicide watch. If a resident on the highest level of suicide watch is not evaluated by a mental health professional within 24 hours, the residents shall immediately be transported to a local mental health facility or emergency room for evaluation and/or treatment.

Status

Beginning Compliance

Discussion

The facility continues to be at beginning compliance for this provision. The facility has developed policy and procedures for this provision. Now, there must be training programs developed to ensure that staff members adhere to the policy and procedures and that they are familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program, please review introduction.

Recommendations

1. Develop policies and procedures to address this provision. (Executed)
2. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.
3. Provide training for staff on policies and procedures and document training.
4. Identify a mental health agency to help develop policies, procedures and protocols.
5. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program.

Evidentiary Basis Document review, observation

Provision 14.3 Suicide Prevention

Residents on suicide watch shall participate in recreation, school, and any other structured programming. Residents shall not be required to wear a “suicide gown” unless locked in a cell. Staff shall closely monitor residents on suicide watch, which includes logging activities every 15 minutes.

Status

Beginning Compliance

Discussion

The facility has developed policy and procedures for this provision which has moved it to beginning compliance. Now a training program must be developed to ensure that staff members adhere to the policy and procedures and that they are familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program, please review introduction.

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Recommendations

1. Develop policies and procedures to address this provision with the assistance of a mental professional. (executed)
2. Provide and document training for staff on policies and procedures. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program. 4. The facility needs mental health professionals to help and enhance
the development of these policies and procedures as they are the authorities in this area.

Evidentiary Basis Document review, observation

Provision 14.4 Suicide Prevention

When a resident is placed on any level of suicide watch, a report shall be made within 24 hours to the resident’s court, as well as to the resident’s guardian, and his or her defense attorney.

Status

Beginning Compliance

Discussion

The facility has developed policy and procedures for this provision which has moved it to beginning compliance. Now a training program must be developed to ensure that staff members adhere to the policy and procedures and that they are familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program, please review introduction.

Recommendations

1. Develop policies and procedures for making and distributing the reports in this provision. (executed)
2. Provide training for staff on policies and procedures and document training.
3. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program
4. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.

Evidentiary Basis Document review, observation

15. Family Support and Interaction

Provision 15.1 Family Support and Interaction

Visitation shall not be restricted or withheld from residents unless the detention center director determines that a visit will violate the security of Henley-Young or will endanger the safety of residents, visitors, or staff. Visitation should not be restricted as a form of punishment.

Status

Partial Compliance

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Discussion Recommendations

During this visit I found that visitation was still being conducted in the multi-purpose room. As stated in my previous report, the facility must ensure that there is proper staffing available to provide for the visitation process to maintain reliability in it. Please review the staffing section of the introduction.
1. Provide and document training for staff on policies and procedures. (executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability.

Evidentiary Basis Document review, observation and interviews

Provision 15.2 Family Support and Interaction Status Discussion
Recommendations

Within 90 days of the effective date of this Settlement Agreement, HenleyYoung shall provide accommodations that allow residents to have contact visits with their families.
Partial Compliance
Based on this visit I found that the facility continues to allow contact visits. The facility should continue to ensure that proper staffing is available to make certain that this continues. The visitation program should be incorporated into the overall facility program that will help with providing a better structure, please review introduction.
1. Develop policies and procedures to address this provision. (executed)
2. Identify area where contact visitation will take place. 3. Provide and document training for staff on policies and procedures. 4. Ensure that there is proper staffing availability to maintain
reliability. 5. Ensure that visitation program is included in the overall facility
program.

Evidentiary Basis Document review, observation and interviews

Provision 15.3 Family Support and Interaction
Status

Visitation shall be regularly scheduled at least three times per week, which shall include evening and/or weekend visitation times in order to encourage family visitation. Henley-Young shall permit the minor siblings of confined residents to participate in visitation, as long as the minors’ parent or guardian is present during the visit and the siblings are not harmful to the residents who are detained at Henley-Young. Henley-Young shall also permit a confined resident’s own child (ren) to participate in visitation
Partial Compliance

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Discussion

See provision 15.1 and 15.2

Recommendations

1. Develop policies and procedures and practices to address this provision. (executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability. 4. Ensure that visitation program is included in the overall facility
program.

Evidentiary Basis Document review, observation and interviews

Provision 15.4 Family Support and Interaction
Status
Discussion

Residents may receive phone calls from their attorneys. At the discretion of the Director or assignee, in emergency situations, residents may receive phone calls from parents, primary caretakers, or legal guardians. Emergency phone calls and phone calls from attorneys should not be restricted as a form of punishment.
Beginning Compliance
The facility has developed a policy and procedures for this provision. Based on my review of the policy, additional phone privileges will be a part of the new behavioral management system once it is implemented. However, I found no evidence of residents consistently being allowed to make phone calls and there was no documentation too whom the call was made or received from or the date and time of phone calls ( see QA audit of 10-1513). The facility must develop specific telephone call logs that are in alignment with their policy and procedures.

Recommendations

In addition, there is no indication that residents are allowed to mail letters as part of access to supportive relationships that residents have with families and others in the community. This (mail) is a major part of the rehabilitative process. Staff now needs to be trained on policies and procedures and the facility should ensure that policy and procedures are being followed.
1. Develop policies and procedures and practices to address this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability. 4. Ensure that residents are allowed to mail letters.(County will pay for
postage)

Evidentiary Basis Document review, observation and interviews

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16. Miscellaneous Provisions

Provision 16.1 Miscellaneous Provisions

Male and female residents shall be provided with equal access to educational and rehabilitative services, medical care, and indoor and outdoor recreation.

Status

Beginning Compliance

Discussion

The facility has developed a policy and procedures for this provision. However during my visit, I found that female residents were still assigned to laundry detail. In addition, according to the female residents I interviewed, they rarely participated in outside activities and, when they did, it consisted mostly of sitting on the bleachers because the male residents were using the basketball court and they are not allowed on the court while the males were outside using it. The facility does have both basketball goals repaired now. However, there were still no schedules posted or documents showing equal programming for male and female resident’s .I t should be noted that the basketball court is being repaired.

Recommendations

1. Develop policies and procedures and practices for this provision. (Executed)
2. Cease in the designation of female residents as being solely responsible for laundry; this is a duty male residents can perform as well as females.
3. Develop monthly recreational schedules. 4. Develop comprehensive facility schedules. 5. Provide training for staff on policies and procedures and document
training. 6. Ensure that there is proper staffing availability to maintain
reliability. 7. Repair court and goal area. 8. Posting of schedule on units.

Evidentiary Basis Document review, observation, interviews

Provision 16.2 Miscellaneous Provisions Status
Discussion

The parties agree, however, that henceforth: All residents shall have the opportunity to engage in at least one hour of large muscle exercise a day.
Non-Compliance
Based on my review of documents, observation and interviews with residents and staff; residents are not engaging in 1 hour of large muscle exercise daily. As stated previously, residents are placed in their rooms when there is not enough staff available (see exhibit 8). In addition, on the weekends, residents are only allowed out when there is enough staff available. During my visit on Sunday, December 15, 2013; I found this to be true. In addition, I also found that because there was a lack of staff,
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Recommendations

residents were only out of their rooms on a rotating basis. During this visit, I found no schedule of recreational or program activities and when residents were allowed out it was random with no schedule being followed. There must be a schedule in place and adhered to which will ensure that residents are receiving the required time out of their units and rooms and that structured activities are available, unless a resident has been placed on behavior management or isolation. However, even residents who are placed in a behavior management program must be allowed the required time out of the unit and room for recreational and large muscle exercise.
1. Develop policies and procedures and implement practices to address the needs of this provision.
2. Develop and implement programming and recreational schedules. 3. Provide and document training for staff on policies and procedures. 4. Ensure that there is proper staffing availability so that residents are
not unnecessarily “locked” in their cells.

Evidentiary Basis Document review, observation, interviews

Provision 16.3 Miscellaneous Provisions Status Discussion
Recommendations

Henley-Young shall implement a policy which prohibits staff from insulting residents or calling them names, and using profanity in the presence of residents
Beginning Compliance
The facility has developed a policy and procedures for this provision. During my interviews with residents they still complained about the staff’s use of profanity. Although some residents said that “it’s not as bad as it used to be” another resident explained that “staff respects us as long as we respect them”. Since the policy has been developed for this provision, the facility administration must train staff and ensure staff adheres to the policy. In addition, the facility administration should ensure that there is a constant vigilance that promotes positive language by residents and staff.
1. Develop policies and procedures and practices to address the needs of this provision. (Executed)
2. Provide training to staff in the proper de-escalation techniques of residents.
3. Administration must provide enough supervision to reduce or eliminate insulting behavior by staff.
4. Discipline and retrain staff as needed. 5. Provide training for staff on policies and procedures and document
training. 6. Hire an independent person to investigate allegations of abuse or
complaints regarding staff by residents. (Executed)

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Evidentiary Basis Document review, observation and interviews

Provision 16.4 Miscellaneous Provisions Status Discussion
Recommendations

Henley-Young shall implement an adequate grievance policy that is accessible to all residents regardless of literacy levels, and that provides residents with the opportunity to appeal facility level determinations. Residents shall obtain the grievance forms from the school liaison.
Beginning Compliance
Based on my interviews with residents and my review of documents, residents do not have confidence in the grievance process. Most residents said they were not aware of the grievance process and some residents advised that they never file a grievance. As stated in my previous reports, the mark of a good grievance system is that residents do file grievances. Most juvenile facilities have a resident’s grievance system in place to allow residents to seek a resolution to problems that they may be having while at the facility. Typically, juveniles use the grievance system to attempt to resolve issues they may have with the application of facility rules, concerns about living conditions or food, problems with missing property, conflicts with other residents or staff, or seeking some sort of other assistance. All grievances should be tracked by the grievance coordinator to assure that a response is given. The nature, topic or presenting problem should be categorized and tabulated. The grievance coordinator should provide his/her supervisor, the facility director and other key staff, a summary grievance report each month. The report should include, at a minimum, the number of grievances filed, the living units from which the grievances were filed, the nature and final outcome of the grievances. A system should also be established to ensure that grievance resolutions are actually implemented. The grievance system should be viewed as an important tool for staff to communicate with the residents. The system should enhance the regular programming activities and not be viewed as an impediment. The administration should use cumulative data gathered from grievances as a tool to assist in monitoring what is going on within the institution. Such data can indicate where the program is functioning well and where there may be potential problems. In addition, in my review of some grievances, one resident filed a grievance then later retracted the grievance. There must be as part of the grievance process a component that the residents has the ability to retract the grievance and not the staff advising that the residents retract his/her grievance. The facility must now make certain that staff is trained properly and that residents are made fully aware of the grievance process.
1. Place grievance boxes on each unit and school, residents should not be required to request a grievance form.
2. Provide training for staff on policies and procedures and document training.

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Evidentiary Basis

3. Provide training for residents on policies and procedures and document training.
4. Ensure that residents are adequately familiarized with the grievance process during their orientation into the facility
5. Add a place on the Resident’s Grievance Resolution Report for a resident to request an appeal and place for the Director’s resolution.
6. Ensure Resident’s Grievance Resolution Reports are provided to the resident for their signature and their response to the outcome. If the resident disagrees with the resolution the resident has the right to appeal the decision to the director.
7. Any retractions of grievances should be done by residents and not by staff.
Document review, observation, interviews

Provision 16.5 Miscellaneous Provisions
Status Discussion

Hinds County denies that Henley-Young does not currently have an adequate policy whereby residents can request to see their attorney and/or Residents Court counselor. The parties agree, however, that henceforth: Henley-Young shall develop and implement an adequate policy that allows residents of all ages and literacy levels with the opportunity to request to see their attorney and/or Residents Court counselor. Residents shall obtain the form requesting a visit from his/her counselor from the school liaison. Henley-Young agrees to collaborate with the Plaintiffs to design and implement a comprehensive juvenile justice pre-service and in-service training program for detention center staff. Training shall include, but is not limited to, the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.
Beginning Compliance
The facility has developed a policy and procedures for this provision. During this visit, many residents complained that they have not had the opportunity to speak with their attorneys. Also, in my review of the records, there was no indication that attorneys had been visiting. However, court counselors were present in the facility and seeing the residents. Additionally, I found no forms for requesting visits from counselors, attorneys or school liaisons. And I found no training on the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.
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Recommendations

1. Develop policies and procedures and practices for this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Develop single form and system for incident reporting. 4. Develop system for receiving and mailing privileged and non
privileged mail for residents.

Evidentiary Basis Observation, interviews

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Conclusion This is my sixth official visit to the Henley-Young Juvenile Justice Facility. As stated in my previous reports, the facility continues to make incremental (small positive) improvements. There are several provisions that have moved to partial compliance. However, the facility needs to develop an internal corrective action plan that will assist in keeping them focused and moving additional provisions to compliancy. Since there is a new administration in place, it must become more vigilant and aggressive in training and holding staff more accountable to the operational needs of the facility. In addition, staffing, medical, mental health and behavior management are core areas of the facility. These areas must be fully developed and operational for the facility to move forward. As stated in my introduction, there cannot be a “checked box” mentality developed. There must be a culture change that must occur where staff and the administration buy into the idea of operating a quality juvenile detention facility at the forefront of what they do. The facility has to be mission driven and everyone must be on board. Also, staff must understand that the facility is policy and procedure driven, and staff must be supervised. I would like to again thank the County Administrator and the director for their assistance and cooperation. This is a monumental task and they should continue moving forward.
LEONARD DIXON
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Attachment 1
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Attachment 2
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Exhibit 1
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Exhibit 2
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Exhibit 3
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Exhibit 4
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Exhibit 5
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Exhibit 6
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Exhibit 7
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Exhibit 8
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Exhibit 8
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Exhibit 8
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Exhibit 9
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Exhibit 9
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 Case 3:11-cv-00327-DPJ-FKB Document 40 Filed 10/09/13 Page 1 of 92
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION HONORABLE DANIEL P. JORDAN III, U.S. DISTRICT JUDGE
J.H., ET AL, VS HINDS COUNTY MISSISSIPPI 3:11-CV00327 DPJ-FKB
Monitoring Compliance Report: Report Draft Date September 30, 2013
Report Date October 9, 2013
Submitted by Leonard B. Dixon, MSPA
24420 Crescent Drive Woodhaven, MI 48183
734 642-7412 Email home: lbdixon1@comcast.net Email work: lbdixon4@co.wayne.mi.us

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The Fifth Monitor’s Report Henley-Young Juvenile Justice
Leonard B. Dixon
Background On March, 28, 2012, Hinds County, Mississippi entered into a settlement agreement
ordained and adjudged by Judge Daniel P. Jordan III, for the United States District Court Southern District of Mississippi, Jackson Division, regarding conditions of confinement at the Henley-Young Juvenile Justice Center, located in Jackson, Mississippi. According to the order the settlement agreement and its specifics requirements “shall apply to Henley-Young and any contractor that may provide services to Henley-Young in the future. The term “youth” herein often refers to individuals confined at Henley-Young. “The parties” understand that the requirements contained herein will be implemented without undue delay as soon as practicable. Unless otherwise indicated herein, the parties will collaborate to make all reasonable efforts to ensure that within 90 days of the effective date of the agreement, policies, and procedures consistent with the agreement are drafted, in the process of being implemented, and that all detention staff received training on the requirements. The parties agree and understand that the implementation will be an ongoing process that extends beyond the initial 90 days of the agreement. As part of the settlement agreement the defendant shall contract with Leonard Dixon, within 30 days of the court entry of this settlement agreement to serve as an expert who will be reasonable for documenting the defendant’s compliance with the terms of the agreement and for providing and/or arranging technical assistance and training regarding compliance with this settlement agreement. I will have full and complete access to detained youth, institutional files, medical files, mental health files, education files, video tapes, and youth, staff records and all other information and other reports by staff, grievances, incident reports, and other relevant documents and files maintained by Henley-Young.
All non-public information obtained by the expert shall be kept confidential, except that on a quarterly basis the expert shall file a report with the court documenting the progress of compliance. Neither party, nor any employee or agent of either party, shall have any supervisory authority over the expert’s activities, reports, findings, or recommendations. The expert shall file with the Court and provide the parties with reports describing the Defendant’s steps to implement this Settlement Agreement and evaluate the extent to which the Defendant has complied with each substantive provision of this agreement. Such reports shall be issued quarterly, unless the parties agree otherwise. The reports shall be provided to the parties in draft form for comment at least two (2) weeks prior to their submission to the Court. These reports shall be written with due regard for the privacy interests of individual youth and staff and the interest of the Defendant in protecting against disclosure of non-public information. The expert shall have a budget sufficient to allow him to fulfill the responsibilities described in this Settlement Agreement. Mr. Dixon may consult other experts or consultants retained by either party. All parties shall receive copies of all draft reports from the other experts to Mr. Dixon prior to the issuance of Mr. Dixon’s report, and shall have the option of being present at briefings from such experts to Mr. Dixon and Defendant. Mr. Dixon may initiate and receive ex parte communications with the parties and their respective experts and consultants.
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Recommendations based on findings, observations and interviews Result of visit on August 18-23, 2013
Documentation provided and reviewed Resident Observation Sheet for Youth J.T. dated August 21, 2013 Court/Detention Case Files on Youths M.B., H.P., A.F., D.B., D. D., A.E., M.T., T.B., M.H., N.T. Sat in on officers training Synopsis for a contract between Henley-Young Juvenile Justice Center and Education Community Connection Consultants Inc. (ECCC) (no signatures on form) Daily Population Sheets from May 3, 2013 to August 19, 2013**
**Missing weekend daily population sheets as well as May 27; June 12 and July 4-5 (Note: Monday July 8, 2013 is mislabeled Sunday July 8, 2013) Medication Dispense Form for Youth D.H. dated August 13, 2013 to August 23, 2013 Psychological Evaluation for Youth T.B. dated November 3, 2011 HYJJC Incident Stats by Quality Assurance Department for July 2013 and August 2013 Draft Policies/Procedures: Recreation & Leisure Time Quality Assurance Program Resident Orientation Draft Resident Handbook Quality Assurance Reports: Facility Walk Through Quality Assurance Audit dated June 10, 2013 Quality Assurance Audit dated June 17, 2013 Quality Assurance Audit dated July 8, 2013 Grievance Reports from 4 residents HYJJC Grievance Count Stat Sheet from September 2012 to August 2013 Food Establishment Inspection Report dated August 2, 2013 Food Service Facility Inspection Results dated August 2, 2013 Preventative Maintenance Report dated May 31, 2013 Fire Inspection Report dated June 19, 2013 Mississippi State Department of Health Food Permit issued August 2, 2013 Filled and Vacant Care Staff/Positions by assigned units HYJJC Organization Chart – Not dated Hinds County Position/Employee Analysis dated August 16, 2013 Daily Schedule for Staffing 2013-2014 Parent and Student Handbook for Jackson Public Schools Maintenance and Building Projects (various) Due Process Reports (4) Incident Records on youths A.F. (2), W.B. (13), C.E. (2), P.S. (2), D.B. Recreation Schedule – Not dated History and Physical Examination Medical Records on youths A.F., D.D., H.W., K.L., D.B., M.H., J.H., H.P., A.A., T.B., N.T. Docket for Detention Hearings dated August 21, 2013 Southern Poverty Law Center letter dated August 13, 2013
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Response letter dated August 20, 2013 from Carmen Davis regarding SPLC letter dated August 13, 2013 Staff Interviewed Dale Knight Director Eddie Lee Burnside Jr., Intake Counselor Aide and Safety and Security Eric Dorsey, Intake Counselor Aide Nurse Vickie Berryhill Cook Juan Jackson Mary Street, Central Control Detention Officer Ginger Smith, PhD, School Director of the Henley-Young Juvenile School (JPS) Youth Interviewed Youth Q.J. 15 years old Youth J.H. 15 years old Youth D.H. 15 years old Youth K.F. 16 years old Youth M.H. 17 years old Youth A.F. 17 years old Youth D.B. 17 years old
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Introduction This report is the result of my fifth official visit to the Henley-Young Juvenile Justice Center. I visited the facility from August 18, 2013 through August 23, 2013 for the purpose of an official inspection. I would like to thank the staff and County Administration for their cooperation during my visit.
Since my last visit, a new facility director has been hired. This should provide leadership and consistency to the facility. The facility has had major turnover at the director’s level and this should assist in providing stability. It is great that the facility has hired a new director and the administrative structure that is in place should assist in moving the facility forward. The new director should, along with the operational manager, ensure that the facility is visited during off hours (i.e. evenings and weekends) to ensure that policies and procedures are implemented properly and to determine the success of the overall programming for the facility. This would also ensure that supervisors are performing their duties as required.
The facility has hired two new Quality Assurance Coordinators who are developing tools to assist in assuring compliance with policies and procedures. Additionally, the facility has drafted one (1) additional policy– quality assurance, and two (2) updated policies, recreation, and resident orientation. Also a new schedule for hygiene has been implemented where youth are now receiving hygiene twice daily and the shower schedule has been moved to the evening which provides for residents to take showers prior to their bed time. The youth I interviewed were happy with the new hygiene schedule, which was great. However, there has been a decline in some areas of the facility and adequate policy and procedures need developing in others as my previous reports have suggested.
The facility has demonstrated the capacity to achieve varying degrees of success. Yet as my previous reports have explained the facility continues to have major developmental needs in many areas. These areas are staffing, mental health, medical, training, education and special education issues, program development, daily scheduling and record keeping, case management, behavioral management and rehabilitation programs which are major components of a detention program. To take this a step further, there are eight rudimentary areas that must be the framework for this facility in order for it to operate effectively. They are adequate systems of facility operations:
A. Classification and intake B. Health and mental health care C. Access to counsel, the courts and family D. Programming, education and recreation E. Training and supervision of staff F. Environmental issues G. Restraint, isolation, due process and grievance H. Safety for youth and staff
The areas mentioned above are the core components of good juvenile detention. During this visit, the facility has made some additional improvement. There has been a newer monitoring system– a camera with audio and video capabilities–purchased that should enhance the facility’s ability to
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record incidents and assist the facility administration in reviewing areas that are currently in blind spots throughout the building.
The areas that are of a pressing nature for the facility are the following:
Staffing Staffing continues to be a challenge at the facility. Although the County has allocated funding for several new positions, there are still times when residents are left unsupervised or the ratio far exceeds the staffing. During this visit, I arrived at the facility on a Sunday and found residents locked down. According to the residents and staff “they are always short on Sundays so they rotate who will be let out. And they must lock the residents down for safety. Also Sunday is visitation day when parents show up. If that happens then all residents will be locked down and if there is a new admission; residents will also be locked sometimes on the unit without any supervision.” During this, visit 3 staff members were participating in the correctional officer training. As I sat in on several parts of the training, I found the majority of the training was aligned with adult corrections. Although this training may be adequate for adult facilities, in the juvenile system training is required so that staff will have the skills to effectively interact and manage residents. This training did not provide these needed skills.
It should be noted that the County is in the process of working with the National Partnership for Juvenile Services (NPJS) to train staff at Henley-Young and to provide in-service and pre-service training for staff. The facility is also in need of adequate training on effective ways of de-escalating residents’ behaviors. This should be part of the pre-service and in-service curriculum. This de-escalation training should assist in managing disruptive and confrontational behaviors.
Although the facility is not overcrowded it still suffers from staff shortages. Even though the facility has hired new staff, the results of attrition still leave the County far short of the needed staff to properly run the facility. There have been three officers hired since my last visit, and of that group one officer has already resigned. Since the facility is short on staff, the staff members are under pressure to keep the peace at all cost. The HenleyYoung officers are compelled to react to minor misbehaviors, out of fear that small situations will become big ones. As a result, they are locking down residents that present potential conduct issues so other residents will be safe. Further, the officers are not equipped to handle residents with mental health problems. This only exacerbates a resident’s misbehavior when they are outside their cells because they have nothing to lose because their misbehavior only gets them a return to their cells. The approach is counterproductive to good juvenile detention practices. Because there are no qualified mental health professionals at Henley-Young residents are isolated and their needs are not being met. This situation places direct care staff in a quandary on how to handle these residents. Without regular access to mental health professionals, children often deteriorate and staff members become apprehensive regarding their next step, so isolation becomes the norm. This should be addressed by the new director.
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During this visit my observations and my record review revealed that because of the inadequate staffing levels there are no consistent security checks of residents who are placed on behavior management or isolation. This was evident in the isolation of resident J.D. who was placed in his cell without any supervisory or administrative approval. This resident has received outside mental health services and is also taking psychotropic medication. The behavior management/isolation sheet that was placed on his door gave no indication why he was being placed in his cell and no indication of a release time for the resident. It should be noted that we found the behavioral management sheet the next day thrown in the trash which indicates that staff are isolating residents without following any proper procedures (see exhibit #3). Therefore, there is a need for major training as it relates to behavior management and isolation of residents at Henley-Young.
Building cleanliness/environmental issues/maintenance The facility is dirty again and unkempt. The units have a strong odor of urine. There is also graffiti resurfacing in the rooms and on the units. In addition, torn clothing, mattresses, blankets and sheets are left in youths’ rooms. There appears to be no supervision once youth are placed in their rooms. Residents’ cells are also not operable because of plumbing problems, cracked windows and uncovered electrical fixtures. Also, on several units lights are in need of repairing. There are also leaky showers and shower stalls that need repairing. The door in the intake area also needs repairing. The sprinkler heads need repairing (see room A107). The facility needs to develop an ongoing preventative maintenance program. Because institutions are so heavily used there must be ongoing inspections. Facilities require more than a one time environmental review. The facility’s administration must ensure there is a constant vigilance as it relates to building cleanliness and maintenance. I have found that whatever the facility’s administration focuses on the facility will focus on–order cleanliness and safety are key components for facility leadership. The facility is also in need of skilled tradesmen not just maintenance staff. The tradesmen would have practical and theoretical knowledge in the areas of electrical, plumbing, and carpentry etc.
Mental Health The mental health component of the facility still needs to be addressed. During this visit, I found several residents (J.D., T.M., D.D., T.B., H.P., and D.B.) with mental health needs that had not been addressed. Where their MASYI-2 identified symptoms of distress (caution or warnings) that are characteristics of disorders or manifested feelings or behaviors that could require immediate attention no attention was given. The facility’s addressing of these residents’ ongoing mental health needs are extremely important because when not addressed it creates liability that can be catastrophic for the County, not to mention the mental health and safety of the resident. A clear example of this liability would be resident T.B. who is currently prescribed Risperidone and Trazodone. This youth was placed in his room on isolation for no apparent reason without any mental health services provided. During my review of the units the next day I found the resident had tied shirts together around a sprinkler pipe (which had no sprinkler head attached) which appears to have been inoperable for awhile (see exhibit #1). Isolations of this type have negative consequences for a resident with mental health needs. This use of isolation only exacerbates the mental health conditions for this resident and with no mental health
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professional on site this resident is at a particularly high risk of “increased reactions”, including being more depressed and experiencing increased anxiety, psychosis and suicidal ideations based on the medications he is taking. With no mental health staff available at the facility and no staff trained on how to manage and work with this population, the County is opening itself up to serious liability. The facility must develop a suicide prevention program and provide each housing area with appropriate staffing. In addition, for each area where residents are housed, staff must have access to suicide cut down scissors (see exhibit #2). There are some basic mental health services that should be available for the residents at Henley-Young. These services should minimally include:
1) Appropriate and well-trained staff 2) Treatment services on or off-site crisis intervention including short-term
individual and group therapy follow-up, as needed and psychotropic medication management. 3) Mental health, medical, and substance abuse services that are sufficiently coordinated such that patient management is appropriately integrated, health needs are met, and the impact of any of these conditions on any resident is adequately addressed. 4) All aspects of the standard are addressed by written policy and defined procedures.
Suicide Prevention Based on my review of residents who are in need of mental health intervention, the facility does not make mental health services available for all residents who require them. Residents with mental health issues must have services available for them to maintain their best level of functioning while at Henley-Young. In my review of residents J.D.’s and H.P.’s files there were several indicators that stood out as potentially serious situations with serious consequences. Therefore, a suicide prevention program must be developed which includes at a minimum the following:
1) A suicide prevention program includes the following outcomes: a) facility staff identify suicidal juveniles and immediately initiate precaution, b) suicidal juveniles are evaluated promptly by the designated health professional who directs the intervention and ensures follow-up as needed, c) actively suicidal juveniles are placed on constant observation; and d) potentially suicidal juveniles should be monitored on an irregular schedule with no more than 15 minutes between two checks. If, however, the potentially suicidal juvenile is placed in isolation, constant observation is required.
2) Key components of a suicide prevention program include the following: a) training b) identification c) referral d) evaluation e) treatment f) housing and monitoring g) communication
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h) intervention i) notification j) review k) debriefing 3) The use of other juveniles in any way (i.e. companions, suicide-prevention aides) is not a substitute for staff supervision. 4) Treatment plans addressing suicidal ideation and its recurrence are developed, and patient follow-up occurs as clinically indicted. 5) The responsible health authority approves the suicide prevention plan; training curriculum for staff, intake screening for suicide potential and referral protocols, and training for staff conducting the suicide screening at intake. 6) All aspects of the standard are addressed by written policy and defined procedures. 7) Appropriate and well-trained staff.
Behavior Management/Isolation The facility is still in need of an adequate facility-wide behavior management program. It should be noted that staff relationships with juveniles are the primary source of managing behavior. Behavior management is about getting juveniles to learn new appropriate behaviors and to be consistent in behaving properly. Juvenile behavior management consists of helping residents understand what is expected in the environment and also helps them modify their behaviors while in the facility. The staff at Henley-Young is still in need of training to ensure that they understand the distinctions between punishment and discipline. The facility also needs to develop a positive incentive program for controlling irresponsible behaviors. There are four main areas the facility must look at when developing their behavioral management programs and the difference between the following: 1) Consequence: The effect, result, or outcome of something occurring earlier, 2) Discipline: Training to act in accordance with rules, to learn self-control, 3) Punish: To subject to pain, loss or confinement as a penalty for some offense, transgression or fault 4) Rewards
The facility must also develop a point or level system that allows juveniles who exhibit positive behaviors to gain points and move to the next level in the facility. The juvenile should be able to trade points for special privileges (i.e. extra phone calls, extended visits, name brand deodorants, etc). Officers should be responsible for awarding points based on the resident’s behavior, their functioning in school, hygiene, building cleanliness to name a few. The supervisors should ensure the program is operating as designed to make sure there is no abuse by staff or residents of the program. Finally, de-escalation techniques are critical to the implementation and directing of any good behavioral management program as stated above.
Activities/Recreation/Programming During this visit, I found that the facility needs structured activities. Residents complained about constantly being locked down and only being allowed out of their cells on a rotating basis based on staff availability. This was confirmed by staff interviewed
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and my observation. The County has hired Education Community Connection Consultants Inc. (ECCC) to assist in designing programming and activities for the facility. During my review of the program there were certain areas that were acceptable. The program however did not include the entire facility’s population. There was no programming for residents during the weekends, which is one of the most critical times for activities or programming in a facility. I am suggesting that if the program is to stay in place it must be enhanced to ensure that all residents are involved in a regular, daily activity schedule and that programming for evenings and on weekends be developed. If that is not a viable option then the County should hire recreational staff that will solely be responsible for implementing programming and activities for residents. It should be noted that when designing programming and activities girls and boys should receive the same level of activities inside and outside of their units.
The facility however should be commended for their purchasing of televisions for each unit. According to the staff this has reduced some of the down time that existed in the facility prior to televisions being placed on units. Although planned activities are more conducive to good programming, the television may fill some downtime and should be part of the overall programming.
Also, in my discussion with the County Administrator, they are in the process of repairing and resurfacing the outdoor recreational areas. With this being done access to outdoor recreation could be implemented as another component of the facility’s programming.
Medical, Medication Review & Disposal As it relates to the medical component of the facility there are still major areas that need addressing. It should be noted that the County is in the process of facilitating a partnership with the University of Mississippi, School of Medicine for medical services; which is great! As stated in my previous report, the facility should ensure that residents receiving medical services be seen in private as per the Health Insurance Portability and Accountability Act of 1996 (HIPPA) guidelines. During this visit, I found that the facility’s method for storing and administering medication is inadequate. During my review of the medical department, there were no protocols established and files for active and inactive residents were not properly stored – they were placed on top of cabinets and desks (see exhibit #3). Also, medications being dispensed was being secured in a McDonald’s bag (see exhibit #4). In addition, other medications were stored in a closet and medications that should be discarded were placed in trash bags on the floor in a closet. Although the closet was locked, the medications were still inappropriately stored. There are no protocols for dispensing or discarding of medication. There is a need for a pharmaceutical doctor (Pharm. D) or pharmacist to come in and review and/or discard any medications that are left at the facility and over-the-counter medicines that have expired. There must be routine reviews of pharmaceutical services designed to identify risk factors that could lead to medication errors or suboptimal provisions of pharmaceutical services which include not having a Medication Administration Report (MAR) completed properly or reflect accurate information; not giving medicine on time;
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not sending medication home to complete courses or improper storage (i.e. placing medications in a McDonald’s bag).
As stated above, the facility must ensure that medical files are properly maintained and secured. I would direct the County to purchase the files that were suggested in my previous report that would assist the medical services area in developing an adequate filing system. This filing system should be used to control how information is separated, stored and retrieved. Without a good filing system, information placed in a storage area would be one large body of information with no way to tell where one piece of information stops and the next begins. In addition, these files should be placed in a locked filing cabinet and only retrieved as needed and by authorized personnel. Once files are completed they should be returned to the secured area from which they were taken.
As it relates to medication the following should be addressed at a minimum: A. Storage Monitoring
1. All medications that require refrigeration will be stored in clean, secure refrigerator with the appropriate temperature.
2. Refrigerator temperature monitoring will occur daily and documented on a log.
3. Inspection of medication storage sites will be done at least monthly by a licensed pharmacist. Special attention will be paid to orderliness and cleanliness. A written report will be provided to the Director or designee.
4. Identification and disposal of expired medications will occur at least monthly.
5. Ultimate disposal will be provided by a company licensed by the State of Mississippi for the purposes of medical waste disposal.
B. Audits 1. A formal pharmacy audit will be done by a licensed pharmacist at least quarterly to evaluate compliance with the State of Mississippi Pharmaceutical Regulations. 2. A report will be delivered to the to the Director or designee’ i. A corrective action plan will be completed for review by the Director or designee at least quarterly ii. The Pharm. D or designee will discuss audit reports at the Joint Staff meeting. All staff will participate in the corrective action plan development.
It should be noted that during this visit, two residents were involved in a physical altercation. Although the staff restrained the residents appropriately, one resident received a laceration which resulted in blood loss. The residents were taken to the nurse leaving a trail of blood on the floor to the medical area. There were no universal precautions taken to address the loss or droplets of blood. Even the nurse had blood on her person and did not use universal precaution. While observing the incident, a staff member asked another resident to “mop up the blood that was left on the floor” without being provided proper protective gear. Again, there were no universal
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precautions taken. Therefore I am recommending at a minimum the following protocols be put in place as it relates to universal precautions:
1) Common sense hygienic practices:  Wash your hands frequently, before and after handling any and all potentially infectious materials  Wash your hands after removing gloves.  Be sure to wash, as soon as feasible, any part of the body after an inadvertent contact with another person's blood or body fluids.
2) Wear proper protective clothing, where feasible when faced with a potential exposure situation.
3) Wear latex/vinyl disposable gloves:  Subsequent to any searches, a visual search shall be conducted by conducting a physical search of any room, closet, etc.  When handling any potentially contaminated materials/subjects.  When handling sharps.
4) Replace gloves if torn, punctured, contaminated, or if their ability to function as a barrier is compromised. Never wash or decontaminate disposable gloves for reuse.  Wear protective outerwear such as a gown, mask, booties, surgical cap or hoods, etc.  When large volumes of blood and or body fluids are expectorated or inadvertently can occur.  When cleaning any potential contaminated site.
5) Wear protective outerwear such as masks, eye protection and face shield.  Whenever splashes, spray, spatter or droplets of blood or other potentially infectious materials may be generated.  Whenever the eye, nose or the mouth contamination can be anticipated.
6) Remove immediately or as soon as feasible any garment contaminated by blood or other potentially infectious materials (OPIM), in such a way as to avoid contact with the outer surface.
7) Have change of clothing available.
For further assistance, I would direct the facility to review the Mississippi Pharmacy Practice regulations part 3001. This would provide a structure and assist the facility with compliance.
Food Service During this visit, I found there were major complaints regarding food service and food provided to residents at the facility. During a normal review of any institution there is an expectation that residents will make complaints regarding the food. However, each resident interviewed at Henley-Young had major complaints about the food, the portions, and the presentation of the food. During this review I observed the food and the distribution of the food. The breakfast was cold upon arrival and the lunch and dinner meals were also cold upon arrival. For example, I observed oatmeal that was provided to the residents that was cold, hard and flat and had no liquidity to it; if it were any harder it could be served as an oatmeal cookie (see exhibit #5).
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Food service is an important part of institutional life. A comprehensive food service program must be developed if the facility is to meet the unique needs of its juvenile population. Juvenile health, nutrition, and morale in this environment are all directly related to the effectiveness of the food service program. Meals served to incarcerated juveniles must be nutritionally balanced and calorically adequate. They must be tasty, appealing, and served in an aesthetically acceptable manner to avoid conduct and behavior problems. If juveniles believe the facility’s staff and management have maximized their efforts to provide a healthy and appealing food program, conduct could improve.
Juveniles typically have less than desirable eating habits. Nutritional guidelines for juveniles are extrapolations from the recommendations for children and adults. Recommended dietary allowances relate to the general time and rate of the juvenile’s growth spurt is very important. Therefore I am recommending a meal pattern that provides nutritionally balanced meals with food items selected from various food components listed below:
• Breads, cereal, and other grain products (including several servings a day of whole-grain products)
• Fruit • Vegetables (includes all types with dark green leafy vegetables and dry beans
and peas used several times per week) • Meat, poultry, fish and alternatives (5 to 7 ounces, lean per serving) • Milk, cheese, yogurt, etc. • Fats and sweets (at a minimum)
The meals I observed did not meet the above mentioned meal patterns. There has been a decline in food service at Henley-Young.
89 day program/Juvenile Court As discussed in my previous reports, the 89 day concept is a very admirable idea. However, for this court program to function or to operate successfully there are major changes as it relates to programming and staffing that are needed. At this point, the program is more a revocation program than a therapeutic, treatment program that was intended. As I have stated in my previous reports, for this program to be effective and successful the following areas must be incorporated in the program: • Sufficient staff • Target appropriate juveniles for the program (i.e. medium to high-risk) • Target risk factors for delinquent behavior that are responsive to intervention • ensure they are individualized and family based, and delivered in community settings when discharged • Programming based on a particular treatment model • well-trained staff and a program director who strongly supports the program outside of the facility’s director • Deliver a sufficient amount of treatment
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• Adhere to a program design • Monitor juveniles’ progress on an ongoing basis and modify the program as
needed • Provide aftercare services • Individual treatment plan (ITP) that reflects why the juvenile is in the program
and what goals juvenile should accomplish during his stay. Also mentioned in the ITP is the juvenile’s individual education plan (IEP), which specifies how to accomplish the juvenile’s educational goals. • Develop cognitive behavioral programs confront juvenile’s thinking errors and teach juveniles to overcome their thinking errors as a means of behavioral change. • Develop positive peer culture (PPC) that teaches juveniles to assume responsibility for helping one another. It is based on the belief that the most powerful influence on a resident’s behavior is peer pressure. PPC’s goal is to teach basic values related to caring for others. PPC is centered on frequent meetings of small groups of juveniles (6-12) and one or two staff leaders. The juvenile are encouraged to help each other. • Develop strength based practices that help juveniles to become accountable for their actions and responsible for their behaviors. Accountability is realized when a juvenile admits to the wrong and changes his/her behavior. When juveniles get into trouble, the care worker will initiate more behavior changes in juveniles by having them focus on how to solve their problems.

To ensure that there is an accountability case management in the 89 day program, I am recommending the following model be implemented:
• specifying troublesome behaviors • identifying need(s) • setting goal(s) • evaluation

Need

physiological, social, psychological requirement(s) for the well being of

an individual

Goal

behavioral statement of how the individual will be at the end of a

specified period of time

Service Action behavioral statement of what the case manager plans and does to assist

the individual(s) in achieving the goal

Evaluation systematic collection of information on goal indicators and/or service

action(s) for the purpose of decision making and planning

In addition, the court has to determine what therapeutic programs they will be using. An example of these programs would be psychoanalytic therapy, behavioral therapy, rationale emotive therapy, persons centered therapy, reality therapy etc.

School As it relates to the educational program at Henley-Young, no documents requested were submitted for my review. During this visit, I still found that residents were not spending the

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entire day in the educational program. A clear example of this was residents were outside for physical education, however, there was no physical education teacher and no curriculum or scheduled activities for this time period. In addition, it came to my attention that the present school principal is leaving and a new principal will be hired. It should be noted that the school system has a policy which requires residents returning from court to be locked down in their rooms rather than returning to complete the school day. This policy undermines the student’s education opportunities and it further reduces the effectiveness of the existing staff by requiring them to monitor these students in another part of the building. The school should retain a leader at this point with intuitional and broad experience in working with high risk residents. This is extremely important because of the need to understand detention and the dynamics of intuitional education. In the future, I am requesting that the school provides the requested documentation based on the court ordered agreement of March 20, 2012. I will reiterate again that there should be an independent evaluation of the school program and at a minimum the following areas should be addressed. Therefore I am repeating my previous report on the school. See below my previous recommendations for the school, in addition, I attached the previous response from the school principal regarding Henley-Young Jackson Public School dated May 2013 along with my response.
As it relates to the school, during my interview with the school principal, she stated that “There is a system problem at Henley-Young . . . there is no connectivity to school, GED, detention and courts . . . they don’t plan together . . . they have to plan together.” I agree. I also interviewed the new part-time GED instructor who has worked at the facility for three months and has over six years of GED preparation experience. She stated the following ideas:
A. “need policy and procedure” B. “everyone needs to know what to do” C. “the expectations should be written even kids should know them” D. “policy and procedure should be based on standards” E. “everyone should have the tools to do their job” F. “proper staffing is needed” G. “staff should be well trained to deal with this type of population”
These are areas of concern I have discussed in my previous reports. In addition, the school should use small portable classrooms (which can be placed on the grounds of the facility within the security fencing) to help alleviate the congestion for students and teachers who are now forced to teach class in a storage closet, which is not conducive to learning. Again below are my recommendations from my previous reports:
Recommended School Plan: A. The Henley-Young Facility will create and implement a plan to provide all of the following services and programs within their control related to the aspects of residents’ education: a. maintain an adequate physical facility for education, b. provide adequate security and support in the classroom, c. establish an in-school points system based on rewards and consequences for behavior,
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d. establish and implement a schedule for transporting residents to and from school that assures that residents will have the opportunity to receive the required hours of educational services mandated by law.
B. Develop policies and procedures for all of the areas discussed above.
Solution/Plan 1. The Henley-Young Facility will make every effort to develop and formalize an interagency agreement between the Jackson Public School System and the HYC that: a. Provides adequate security within the school premises (including classrooms) for all residents including those residents requiring protective services or other special needs. b. Residents requiring protective services or other special needs shall have the same or equivalent educational services as other residents. c. Create an alternative educational plans for residents removed from the classroom for medical or behavioral issues. d. Provides a schedule for transporting residents to and from school that ensures that residents will have the opportunity to receive the hours of educational services mandated by law. e. Outline a cross training curriculum for HYC school employees and detention employees, which include an orientation and a safety curriculum and mandatory annual refreshment training for employees of the school. f. Ensure trainings will provide educational staff with appropriate facility policies that relate to or overlap with the school’s operations to include the policies regarding rules, discipline and the behavior management program. g. Include development of a plan and appropriate materials for various educational levels, to be distributed and explained to residents in the health care unit, in room confinement or otherwise unable to participate in normal school classroom activities. h. Ensure the class schedules are driven by the security of the facility and that the school looks toward developing individual learning plans for each student in the school. 2. The Facility Director or designee shall review the circumstances surrounding the placement of all residents who are in isolation or seclusion, or residents who do not attend school for medical reasons and other behavioral maintenance processes to assess the feasibility of an early release to attend school each day. a. A list of the residents that are not allowed to attend school and the reasons for the administrative restriction shall be documented and distributed to the Principal of the HYC School. b. The Facility Director shall designate a liaison to interact with school daily and the JPS Administration should create a position for Compliance Administrator to review the progress of the school on a weekly basis. c. All instances in which school activities are suspended by the facility due to incidents or other extraordinary circumstances shall be reported to the Compliance Administrator within 24 hours.
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When the School Principal or designee is having issues, whether of a safety nature or any other problems, they should be reported to the compliance administrator and the facility Director or designee immediately. I am recommending again that the Jackson Public School system (JPS) hire a compliance officer to ensure that the school educational standards are being met. Below are the compliance ratings and summary of ratings that will be used in this report. Please be reminded that though most are in Non-Compliance, policy development is most important and the start of this process. However, as stated above the facility has made progress on some provisions which moved them from Non-Compliance to beginning compliance. Please note that many of the comments and recommendations in the provisions are restatements of previous reports because in those areas little movement has been made. The new Director should use these comments as a road map to developing a successful facility plan. She must also develop a comprehensive corrective action plan for guidance. That plan should have the following:
A. Clearly state the problem or weakness, including the root cause B. List the individuals who will be accountable for the results of the
corrective action C. Create simple, measurable solutions that address the root cause D. Each solution should have a person that is accountable for it E. Set achievable deadlines F. Monitor the progress of the plan
The graph below has been included to show the progress made thus far on the 71 provisions:
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80
71 70

COMPLIANCE SUMMARY

60

59

54

50

40

35 36

37 34

30

20
10
000 0
Report 1

17 12

00

00

00

Report 2

Report 3

Report 4

Compliance Measurement

NC BC PC SC

00 Report 5

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Compliance Code Measurements

Henley-Young Juvenile Justice Center Monitoring Compliance Report September 30, 2013

Substantial Compliance (SC): Practices follow the county-approved policies, training materials or other documents; practices follow policy with rare exception and exceptions lead to corrective action; trained staff fill all positions and vacancies are filled within 3 months; the County has completed work in an acceptable manner; policies, procedures and practice and training are operational and quality-assurance audited and audit exceptions lead to corrective action; outcomes meet or exceed agreement requirements.

Partial Compliance (PC): Policy and procedure is implemented in some but not all locations or times; staff are hired but not trained; the County is working on implementation but tasks are not completed; system implemented at some but not all locations or times, outcomes meet or exceed agreement requirements some of the time and in certain area.

Beginning Compliance (BC): Policy and procedure is written by the county but has not been implemented; funding and hiring authority are approved by the County but positions are not filled; training materials prepared and approved by the county but training has not started.

Non-Compliance (NC): No action taken and immediate steps needed to maintain schedule or prevent further delay. A policy may exist, but the policy may need significant revision or modifications and rarely translates into practice.

Compliance Matrix Provision

Intake

1.(1) All Residents Admitted to Henley-Young 1.(2) MAYSI-2 Mental Health Screening 1.(3) Prescription Medications 1.(4) Meal Compliance 1.(5) Telephone Usage 1.(6) Strip Search Policy

Provision

Staffing and Overcrowding

2.(1) Direct Care Staff Ratio

2.(2) Maximum Capacity Adjustment

2.(3) One-Person Cell

1st

2nd

3rd

Report Report Report

NC NC NC

4th

5th

Report Report

NC NC

NC NC NC NC NC

NC NC NC NC NC

NC NC NC NC NC

NC BC BC BC BC

NC BC BC BC BC

NC NC NC NC NC NC NC NC NC

NC NC BC BC BC BC

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Provision

Cell Confinement

3.(1) Structured, Rehabilitative & Educational Programming

3.(2) Appropriate Access to Living Unit

3.(3) Dangerous Residents

3.(4) Isolation

3.(5) Direct Care Staff on Units

NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC

NC NC NC NC NC NC NC NC BC BC

Provision

Structured Programming

4 Educational, Rehabilitative, and/or Recreational Programs NC NC NC

Provision

Individualized Treatment Plans/Treatment Program for Post-Disposition Residents

5.(1) Residents Access to Adequate Rehabilitative Services

NC NC NC

5.(2) Health and/or Substance Abuse Treatment

NC NC NC

5.(3) Treatment Plans

NC NC NC

5.(4) Review of Individual Treatment Plans

NC NC NC

5.(5) Evening And Weekend Programs And Activities

NC NC NC

5.(6) Quality Assurance Program

NC NC NC

NC NC
NC NC NC NC NC NC NC NC NC NC NC BC

Provision

Disciplinary Practices And Procedures

6.(1) Implement a Discipline Policy and Practice

6.(2) Policy for Residents Violations

NC NC NC NC NC NC

NC NC NC NC

Provision

Use of Restraints

7.(1) Mechanical Restraints

7.(2) Mechanical Restraints Transportation

7.(3) Misuse of Mechanical Restraints

7.(4) Mental Health—Use of Mechanical Restraints

NC BC BC NC BC BC NC BC BC NC NC NC

BC BC BC BC BC BC NC NC

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7.(5) No Restraint Chairs, Chemical Restraints and/or Tasers 7.(6) No Hogtying in Facility 7.(7) Mechanical Restraints—One-On-One Supervision 7.(8) Mechanical Restraints—Notice to Medical Professional 7.(9) No Electronic Restraints 7.(10) No Firearms in Facility

NC BC BC NC BC BC NC NC NC NC NC NC NC BC BC NC NC BC

BC BC BC BC BC BC BC BC BC BC BC BC

Provision

Use of Force

8.(1) No Misuse of Use of Force

8.(2) Notice to Medical Professional After Use of Force

NC NC NC NC NC NC

NC NC NC NC

Provision

Meals and Nutrition

9.(1) All Meals and Snacks Must Be Nutritional

9.(2) Comply with Nutrition Guidelines

9.(3) Provide Drinking Water Throughout the Day

NC NC NC NC BC BC NC BC BC

BC BC BC BC BC BC

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Provision

Clothing

Henley-Young Juvenile Justice Center Monitoring Compliance Report September 30, 2013

10 Provide Basic Clothing Items

NC NC NC BC BC

Provision

Hygiene And Sanitation

11.(1) Provide Appropriate Hygiene Products

11.(2) Provide Sleeping Mats and Blankets

11.(3) No Deprivation of Mats and Blankets

11.(4) Sufficient Sanitary Mats and Blankets

11.(5) Clean and Sanitary Environment
Fire Safety, Weather Emergencies, Sanitation Practices, 11.(6) Food Safety and Provide Safe Environment

11.(7) Clean Drinking Glasses and Eating Utensils

NC NC NC NC NC NC NC NC NC NC NC NC NC BC BC
NC NC NC
NC NC NC

BC BC BC BC BC BC BC BC BC BC
NC NC
BC BC

Provision

Medical Care

12.(1) Provide Residents With Adequate Medical Care

NC NC NC

12.(2) Provide Medical Professional When Needed

NC NC NC

12.(3) Implement a Sick Call Policy to Ensure 24 Hr. Services

NC NC NC

12.(4) Prescription Medications Only Dispensed by Medical Staff NC NC NC

12.(5) Provide Medical and Mental Health Services

NC NC NC

12.(6) Proper Monitoring Residents Who Require Individualized Attention

NC

NC

NC

NC NC NC NC NC NC NC NC NC NC NC NC

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Provision

Mental Health Care

13.(1) Provide Adequate Mental Health Services

NC NC NC

13.(2) Residents and Psychotropic Medications

13.(3)

Within 72 Hours of Admittance Complete an Individual Mental Health Treatment Plans

13.(4) Implement Policies and Procedures for Referrals

NC NC NC NC NC NC NC NC NC

13.(5) Sufficient Psychiatric Services

NC NC NC

13.(6)

Psychiatrist and/or Counselors to Record Review to Ensure Proper Care

NC

NC

NC

NC NC NC NC NC NC NC NC NC NC NC NC

Provision

Suicide Prevention

14.(1) Multi-tiered Suicide Prevention Policy

NC NC NC

14.(2)

Evaluate Highest Level of Suicide Watch Every12 hours By Medical Professional

NC NC NC

14.(3)

Closely Monitor Suicide Watch Residents During All Activities

NC NC NC

14.(4)

Court Shall be Notified Within 24 hours of Any Residents on Suicide Watch

NC

NC

NC

BC BC BC BC BC BC BC BC

Provision

Family Support and Interaction

15.(1) Visitation Shall Not be Restricted or Withheld

15.(2) Provide Accommodations for Contact Visits

15.(3) Visitation Shall be Regularly Scheduled

15.(4) Phone Calls Shall be Allowed Based on Policy

NC NC BC NC NC BC NC NC BC NC NC NC

BC BC BC BC BC BC BC BC

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Provision

Miscellaneous Provisions

16.(1) 16.(2) 16.(3) 16.(4) 16.(5)

Provide Equal Access To All Services
Provide the Opportunity To Participate In Large Muscle Exercise Every Day Prohibit The Use Of Profanity In The Presence Of Residents
Provide Adequate Grievance Policy
Provide Residents Of All Ages With The Opportunity To See Their Attorney and/or Residents Court Counselor

NC NC NC NC NC NC NC NC BC NC BC BC NC NC NC

BC BC NC NC BC BC BC BC BC BC

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The following are my observations and recommendations specific to the provisions of this agreement.

1. Intake Provision1.1 Intake
Status Discussion
Recommendations

All residents admitted to Henley-Young shall receive a health screening, within 1 hour of admission or as soon as possible as reasonably thereafter, by appropriately trained staff as required by Mississippi Code Annotated § 43-21321. Information obtained during the screening shall include, but shall not be limited to, the juvenile’s: (a) Mental health; (b) Suicide risk; (c) Alcohol and other drug use and abuse; (d) Physical health; (e) Aggressive behavior; (f) Family relations; (g) Peer relations; (h) Social skills; (i) Educational status; and (j) Vocational status.” Mississippi Code Ann. § 43-21-321(1). During this screening, Henley-Young shall obtain information regarding the resident’s educational status by having the residents or intake officer complete an education screening form developed and provided by the Jackson Public School District.
Non-Compliance
Based on review, observations and interviews, the facility does not meet the requirements for this provision. The facility is still in the process of developing policies and procedures in addition to ensuring that areas A through J are part of the intake process. As it relates to policy, there has been none presented for review and approval. Also, according to this provision information acquired should be completed by an Intake Officer and educational screening forms developed and provided by the Jackson Public School District. Therefore there is no movement on this provision. Please see recommendations below. These are the same recommendations based on previous report. The provisions remain in non-compliance.
1. Fully develop admitting policies and procedures to reflect provision 2. The court should provide staffing for intake purposes 3. The facility should provide enough staff to fully cover the care and
custody issues in the facility 4. Ensure all staff who admit residents are properly trained 5. Develop training records 6. Provide documentation in a organized way on residents being
screened/admitted (files) 7. Ensure all residents’ records are available for my review with all areas
of the provisions placed in the resident’s file

Evidentiary Basis Document review, observation, interviews

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Provision 1.2 Intake

All residents shall receive a MAYSI-2 mental health screening upon admission, as required by Mississippi Code Annotated § 43-21-321. The screening will be conducted in private by appropriately trained staff of Henley-Young. If the screening indicates that the residents is in need of emergency medical care or mental health intervention including, but not limited to, major depression, suicidal ideation, withdrawal from drugs or alcohol, or trauma, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation immediately or as soon as reasonably possible.

Status

Non-Compliance

Discussion

Based on my review of documents and my observations, this provision continues to be non-compliant. Reread to the discussion below.

During this visit I reviewed several residents’ files as I noted in the introduction; and their mental health needs are still not being met. This is again an indication of the need for direct access to mental health care at all times. As I stated in my previous report, the research has clearly stated that over 60% of resident’s entering a juvenile facility has some diagnosis of mental disorder. The facility needs first to answer the following questions below; then follow the recommendations.

A. What are the program objectives for mental health screening?

B. What are the characteristics or common traits the program wants to identify for emergency or follow-up clinical consultation?

C. What MAYSI-2 scores will the facility use as the signal for the program staff to obtain clinical consultation or services?

D. What mental health follow-up services are available when the resident’s MAYSI-2 score indicates that they are needed?

E. In what way will the facility develop a database that creates a profile of mental health needs in the population and program decisions and adjustments needed to improve mental health services for the residents?

Recommendations

1. Develop comprehensive policy and procedures for this provision 2. Develop residents files that are organized and arranged properly 3. Develop training and provide documentation of training 4. Identify person or person(s) whose responsibility is to score the
instrument 5. Provide documentation on who reviews the instrument and note
what services are provided for the residents in the facility and what services should continue when the residents leave the facility 6. Develop process whereby facility staff and court employees develop system for the sharing of information and reviewing of residents’ files which are centrally located and accessible to detention staff.

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Evidentiary Basis Document review, observation, interviews

Provision 1.3 Intake
Status Discussion

Prescription medications will be secured for all residents who have a valid, current prescription within 8 hours of admission, if possible, but in no case, longer than 24 hours after admission, including weekends and holidays. If during a resident’s detention, a medical professional either prescribes a new medication or renews a resident’s previous prescription medication, HenleyYoung will secure the prescription medication within 8 hours of receiving the prescription, if possible, but in no case, longer than 24 hours after receiving the new prescription, including weekends and holidays. Henley-Young shall procure and/or purchase all prescription medications prescribed to confined residents.
Non-Compliance
During this visit, I reviewed several residents’ files as I noted in the introduction; and their needs are still not being met. Specifically, training of universal precautions is sorely needed.

Based on document review, interviews and observations, the facility remains non-complaint with this provision. Therefore, the facility should continue to follow the recommendations below which are the same as in the previous report. The initial intake/admission process is a critical part of residents’ transition when they are entering the facility. During my review I found that because of the lack of staffing, it was very difficult for staff to really get a firm understanding of residents when they entered the facility. On one occasion during my visit, staff members were pulled from the Master Control area to ensure that a resident was admitted.

Recommendations

Since there is no medical staff on duty after 2 pm during the week or on the weekends, it is very difficult for the facility to meet this provision. In addition, I found no documentation of Henley-Young purchasing prescription medication for residents confined at the facility. While the facility is soliciting a medical provider to carry out medical services to the facility, and a medical provider has not been selected, it still has the responsibility to maintain medical/medication and all other medical needs to the residents. Based on my review of documents and observation, services are not in place and are still not being provided for this provision. Therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.
1. Develop written policy and procedures or protocol for this provision 2. Document staff training on distribution and side effects of medication 3. Provide documentation on efforts to obtain prescription drugs

Evidentiary Basis Document review, observation, interviews

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Provision 1.4 Intake

Upon admission to Henley-Young, all residents shall be offered a snack or meal in compliance with the United States Department of Agriculture’s School Meals Program standards.

Status

Non-Compliance

Discussion

My observations and review showed that there is no formal way of tracking the providing of snacks. As I have noted in the introduction; there needs to be a systematic way to keep track of whether youth are provided snacks.

During this visit, my interviews with residents and my observations, all indicate that some residents’ were being offered snacks or meals upon their admittance to the facility and others indicated that they were not. Because there is no record keeping regarding this provision it is hard to keep track of what is or is not happening. As policies and procedures are developed around this provision it should include a way of tracking when and what residents are offered and whether the residents receives or refuses the offering. This can be accomplished by either notations in the log book or a specific form or tablet can be used for this specific purpose.

Recommendations

1. Continue in the development of policies and procedures for this provision.
2. Procedures should be part of intake/admission procedure. 3. Ensure there are snacks or sandwiches available for residents being
admitted between 6 pm and 5 am.

Evidentiary Basis Document review, observation, interviews

Provision 1.5 Intake Status Discussion
Recommendations

Upon admission to Henley-Young, all residents shall be permitted to telephone a parent or legal guardian free of charge and to take a shower before being placed on the pod.
Beginning Compliance
Based on my observation and review, the facility has developed a policy regarding this provision as stated in my previous report. Although the facility does permit residents to make telephone calls to parents and legal guardians without charge, several, residents that I interviewed stated that they were not allowed to take showers prior to being placed on their units. This should be addressed during the implementation of the policy and procedures and the training of staff.
1. Develop a consistent way to document the intake process that shows that a phone call and shower were completed.
2. Develop policy and procedure for this provision.(executed) 3. Train staff and document this training.

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Evidentiary Basis Document review, observation, interviews

Provision 1.6 Intake Status Discussion
Recommendations

Within 60 days of the date of this agreement, Henley-Young shall develop and implement policies that limit strip searches to instances where Henley-Young staff has an articulable suspicion that a resident may possess weapons or contraband. Anytime a strip search is conducted, Henley-Young staff must document, in writing, their suspicion, obtain permission from a supervisor, and conduct the search in a manner that minimizes the intrusion into the resident’s privacy.
Beginning Compliance
Based on my observations and review, as stated in my last report, the facility does have policy and procedures for this provision and during my interview with residents I found no residents who acknowledged there was inappropriate intrusion during the search process upon their admission to the facility. I did review the process, however to become further compliant with this provision there must be documentation of the policy and documentation of staff training on this procedure. Continue to comply with this provision.
Staff must be provided with the necessary training with information stating the trainer, name of the training class/course, time, date and location of training. This documentation should be kept and logged in facility records. I will review this process during my next visit.

Evidentiary Basis Document review, observation, interviews

2 Staffing and Overcrowding

Provision 2.1 Staffing and Overcrowding

Within 90 days of the date of this agreement, Henley-Young shall operate with a direct care staff to resident ratio of 1:8 from the hours of 6:00 a.m. until 10:00 p.m. and a ratio of 1:10 from the hours of 10:00 p.m. to 6:00 a.m.

Status

Non-Compliance

Discussion

As stated in my introduction, staffing continues to be a challenge at the facility. Although the County has allocated funding for several new positions, there are still times when residents are left unsupervised or the ratio far exceeds the staffing. During this visit, I arrived at the facility on a Sunday and found residents locked down. According to the residents and staff “they are always short on Sundays so they rotate who will be let out. And they must lock the residents down for safety. Also Sunday is visitation day when parents show up. If that happens then all residents will be locked down and if there is a new admission; residents will also be locked sometimes on the unit without any supervision.”

During this visit, 3 staff members were participating in the correctional officer training. As I sat in on several parts of the training, I found the majority of the

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training was allied with adult corrections. Although this training may be adequate for adult facilities, in the juvenile system training is required so that staff will have the skills to effectively interact and manage residents. This training did not provide these needed skills.
It should be noted that the County is in the process of working with the National Partnership for Juvenile Services (NPJS) to train staff at HenleyYoung and to provide in-service and pre-service training for staff. The facility is also in need of adequate training on effective ways of de-escalating residents’ behaviors. This should be part of the pre-service and in-service curriculum. This de-escalation training should assist in managing disruptive and confrontational behaviors.
Although the facility is not overcrowded it still suffers from staff shortages. Since the facility is short on staff, the staff members are under pressure to keep the peace at all cost. The Henley-Young officers are compelled to react to minor misbehaviors, out of fear that small situations will become big ones. As a result, they are locking down residents that present potential conduct issues so other residents will be safe. Further, the officers are not equipped to handle residents with mental health problems. This thinking only exacerbates a resident’s misbehavior when they are outside their cells because they have nothing to lose because their misbehavior only gets them a return to their cells. The approach is counter-productive to good juvenile detention practices. Because there are no qualified mental health professionals at Henley-Young residents are isolated and their needs are not being met. This situation places direct care staff in a quandary on how to handle these residents. Without regular access to mental health professionals, children often deteriorate and staff members becomes apprehensive regarding their next step, so isolation becomes the norm. This should be addressed by the new director.
During this visit my observations and my record review revealed that because of the inadequate staffing levels there are no consistent security checks of residents who are placed on behavior management or isolation. This was evident in the isolation of resident J.D. who was placed in his cell without any supervisory or administrative approval. This resident has received outside mental health services and is also taking psychotropic medication. The behavior management/isolation sheet that was placed on his door gave no indication why he was being placed in his cell and no indication of a release time for the residents. It should be noted that we found the behavioral management sheet the next day thrown in the trash which indicates that staff are isolating residents without following any proper procedures (see exhibit #6). Therefore, there is a need for major training as it relates to behavior management and isolation of residents at Henley-Young.
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Recommendations Units

Day Shift Evening Shift Night Shift Total

A officer

3

3

2

8

B officer C officer

3

3

2

8

3

3

2

8

D officer

3

3

2

8

Intake

1

1

1

3

Master Control

1

1

1

3

Staff for Court

Transportation

2

2

4

Internal

Transportation

2

2

4

Laundry

2

2

4

*Director

1

*Deputy Director

1

*Operation

1

Manager

Supervisors

3

3

2

8

26

23

Duty Post Staffing/Administration

12

61

61 Direct care/supervisor/laundry staffing X 1.5 Relief Factor—Total staff needed to effectively operate the facility—91.5 1 to 8 Awake—2 to 10 Sleep

Misc. post coverage Medical/MH Hospital Runs One on One MH/Medical Visitation *Administration *Maintenance

Evidentiary Basis Document review, observation, interviews

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Provision 2.2 Staffing and Overcrowding

If the staff-to-residents ratio falls below the requirements of section 2.1 for longer than two (2) days, the Director or his assignee shall immediately identify residents accused of nonviolent offenses who are eligible for less restrictive alternatives to secure detention and request an emergency release for eligible residents from the appropriate Residents Court. The maximum capacity of Henley-Young shall be calculated by determining how many direct care staff members can supervise residents in accordance with section 2.1. The current maximum capacity of Henley-Young is 84.

Status

Beginning Compliance

Discussion

The policy for the release of nonviolent residents in the instance of overcrowding at the facility has been signed by the Court Administrator, the YC Judge and the Executive Director. Procedures have been written; now the facility needs to complete training and documentation of training for implementation.

Recommendations

Provide training to ensure that everyone is aware of the new policy and prepared for implementation should the need arise.

Evidentiary Basis Document review, observation, interviews

Provision 2.3 Staffing and Overcrowding Status Discussion
Recommendations

No more than one resident shall be placed in a one-person cell.
Beginning Compliance As previously stated, I found no indication that the facility had more than one resident in a room. The facility has developed policies and procedures for this provision.
1. Develop and provide adequate training for this provision. 2. All training shall be documented.

Evidentiary Basis Document review, observation

3 Cell Confinement

Provision 3.1 Cell Confinement

Residents shall be engaged in structured, rehabilitative, and educational programming outside of their cells during the hours of 7:00 a.m. to 9:00 p.m. each day, including weekends and holidays.

Status

Non-Compliance

Discussion

Please review the introduction as it pertains to activities, recreation and programming. As to the school I direct you to read the introduction and I further recommend that the school be fully evaluated. My review of the files showed that there is no case management within the facility as a whole.

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According to the residents, their basic recreation consists of playing cards and dominoes. They are allowed to go outside but there are no scheduled activities. Other than sitting on the bleachers and playing basketball those who are engaged in that sport, there was nothing for residents to do. There are no positive behavioral management programs within the facility.

Recommendations

1. Develop policies and procedures for this provision. 2. Review the schedules to be sure that they adequately reflect all daily
activities. 3. Develop positive behavior management systems with rewards and
consequences. 4. Remove the dark film from the Plexiglas in towers on unit which
would allow staff to view the unit without there being visual obstruction (when lights on). 5. Develop monthly recreation schedule. 6. See all of the recommendations for recreation activities and programming and for the school in the introduction.

Evidentiary Basis Document review, observation, interviews

Provision 3.2 Cell Confinement
Status Discussion

Except when residents are in protective custody or confined subject to section 3.3 of this Settlement Agreement, residents placed in the Suicide or Booking cells shall be allowed to spend the hours of 7:00 a.m. to 9:00 p.m. on the appropriate living unit and to have the opportunity to engage in structured, rehabilitative, and educational programming, unless medically counter-indicated.
Non-Compliance
The facility still has not developed policy and procedures for this provision. During my review, I found that two girls were placed in cells in the booking area because they were suspended from school. If a resident acts out in school there should be a behavioral management process in place to allow the residents to return to school as soon as possible; this should not continue to occur. During this visit I also found a third girl in the booking area the next day because she had been suspended from school. Moreover, the introduction discusses how residents are placed in isolation and are not allowed to attend school. Also, I recommend that students who are disruptive in the classroom and are removed from the classroom receive either behavioral management or are written up and receive due process. However, they should continue to be a part of the educational process. The school needs to revise any policies they may have regarding suspension of students from a school within a controlled environment. A student cannot be suspended from school in a detention facility therefore the school needs to develop a better behavioral management system. If a resident is removed from school due to behavioral problems that resident should never be placed in

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the booking area.
The facility still needs to develop data collection tools to use to determine and identify who is placed on units, time, length etc. when they are placed out of school. The facility remains non-compliant with this provision, therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.

Recommendations

1. Follow recommendations as set forth in section 3.1. 2. Develop adequate policies and procedures for this provision. 3. Develop data collection for residents who are placed in protective
custody or confinement. 4. Residents who are removed from school should be placed in a
designated living area.

Evidentiary Basis Document review, observation, interviews

Provision 3.3 Cell Confinement Status Discussion
Recommendations

Residents who pose an immediate, serious threat of bodily injury to others may be confined in their cells for no longer than 12 hours at a time without administrative approval. Residents who are placed on cell confinement for this reason shall be released from their cells daily to attend school, maintain appropriate personal hygiene and to engage in one hour of large muscle exercise. Staff must perform visual checks on residents who are subject to cell confinement every 15 minutes. Staff must document all instances of cell confinement in writing and must document the justification for determining that a resident poses an immediate, serious threat of bodily injury.
Non-Compliance
During this visit, I did find that the facility has developed a system for procedural due process for facility violations. However, I did not find any indication of 15 minute checks performed while residents were confined to their rooms. Additionally, I found a resident, J.D., was locked down without any supervisory or administration approval for approximately 16 hours with no defined reason and was not released from his room until the next morning. The facility needs to develop policy and procedures and train staff on the process. I did review the new forms developed and although they are in the beginning stages they are aligned with best practices, however they are not being appropriately used and based on this case the form was thrown in the trash by an officer. See my discussion of this matter in the introduction. Though processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and standardized way of running the facility.
1. Develop adequate policies and procedures for this provision.

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2. For residents placed in their rooms, develop forms that indicate the time residents will be in their rooms and post it on their doors.
3. Ensure that supervisors sign off on the form in 15 minute staggered visual checks when residents are placed in their rooms.
4. Develop a system of major and minor consequences for behavior. 5. Develop form for 15 minute checks and include in policy.
Evidentiary Basis Document review, observation, interviews

Provision 3.4 Cell Confinement Status Discussion
Recommendations

Residents shall not be automatically subjected to cell confinement and/or isolation upon their admission to Henley-Young unless he or she would be subject to cell confinement under section 3.3.
Non-Compliance
As stated in my previous report, the facility is still coordinating this provision with provision 3.3 and policies and procedure are still in developmental stages. Once completed training and documentation will need to be addressed. However, during my visit on several occasions, I observed residents that were placed in their cells and locked down because there was a lack of staff, with no orientation and no freedom to move about the unit. This can only be addressed when there is enough staff. No residents should be gratuitously subject to lock down, please review my introduction.
1. Develop adequate policies and procedures for this provision. 2. Ensure all staff is trained and document training. 3. See provision 3.3

Evidentiary Basis Document review, observation

Provision 3.5 Cell Confinement
Status Discussion

At all times between the hours of 7:00 a.m. to 10:00 p.m., at least one direct care staff shall be stationed on any living unit where two or more residents are placed, and direct care staff shall be actively engaged with residents. From 10:00 p.m. to 7:00 a.m., staff shall conduct visual checks on residents every 15 minutes. Henley-Young shall ensure that every cell has an operating intercom that allows residents to communicate with staff at all times.
Beginning Compliance
The facility has developed a policy and procedures regarding this provision. Again due to the lack of staff it is very difficult for the facility to address this provision. Again I found residents were left unsupervised as stated in my previous reports and this continues to happen. During this visit, residents were left on the unit, visitation and booking area as I stated in my discussion above. On the male units, residents were left in the cells without

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supervision and on a couple of occasions during my visit, residents were out on the units without supervision. This is extremely dangerous because residents who are angry, more impulsive and without supervision have the potential to harm themselves and other residents. This creates a major liability for the facility. On another occasion, residents were on the unit without supervision although one staff was in the tower. There were doors opened on the unit which also allows for serious things to happen between residents. This is a major area of concern and must be addressed. It continues to make me uneasy as it has during my previous visits. Review of documentation and direct observation reveals that staffing continues to be a major problem at Henley-Young. The facility remains non-compliant with this provision, therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action. Since a policy has been developed this provision will move to beginning compliance, see introduction.

Recommendations

1. Develop adequate policies and procedures for this provision. 2. Provide adequate staffing. 3. Provide adequate staff supervision.

Evidentiary Basis Document review, observation, interviews

4 Structured Programming

Provision 4 Structured Programming

Henley-Young shall administer a daily program, including weekends and holidays, to provide structured educational, rehabilitative, and/or recreational programs for residents during all hours those residents shall be permitted out of their cells, pursuant to section 3.1. Programming shall include:
a. activities which are varied and appropriate to the ages of the residents;
b. structured and supervised activities which are intended to alleviate idleness and develop concepts of cooperation and sportsmanship; and
c. Supervised small group leisure activities, such as a wide variety of card and table games, arts and crafts, or book club discussions.

Status

Non-Compliance

Discussion

During this visit I observed none of the ascribed activities being provided to the residents. The facility has developed a daily schedule however because of inadequate staffing, the schedule is not followed. During my visit, I observed residents with very little to do except play cards and dominoes. There were no arts and crafts programs and no structure or supervised activities. The facility still needs to develop this provision. The facility remains non-compliant with this provision, therefore I am reiterating that the suggested actions and recommendations from my previous report be

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reviewed and put into action. The facility has purchased televisions for each unit which are working, further they have contracted with ECCC INC. to provide recreational and activities programming, please see activity, recreation and programming section in introduction.

Recommendations

1. Continue to develop adequate policies and procedures for this provision.
2. Provide adequate schedules for weekdays and weekend programming and act on it.
3. Purchase televisions for each unit and board games for each unit.(Executed)
4. Develop an adequate monthly recreation schedule with age appropriate games and programs.

Evidentiary Basis Document review, observation, interviews

5. Individualized Treatment Plans Treatment For Post-Disposition Residents

Provision 5.1 Individualized Treatment Plans Treatment Program for PostDisposition Residents

Henley-Young shall ensure that residents have access to adequate rehabilitative services. Henley-Young shall ensure that children placed in the facility post-disposition will receive constitutionally compliant rehabilitative services.

Status

Non-Compliance

Discussion

See the discussion of the 89 day program in the introduction.

Since there is no structured programming outside of individual counseling, the County may want to hire case managers to provide initial and ongoing treatment plans, assess family strengths and weaknesses in various areas i.e. education, psychology, and health; develop treatment plans and remedy problems for residents and family for resident within the facility. Also the case manager will identify indicators of goal achievements, specify the person responsible for implementing the resident’s and family’s treatment goals; update treatment plans; and develop discharge plans with recommendations. In addition, the facility needs counselors who are responsible for a resident’s safe adjustment to secure confinement.

Recommendations

1. Develop adequate policy and procedures to meet this provision. 2. Either fund properly or discontinue the 89 day program. 3. Review light weight residents in program (i.e. disturbing the family
peace) and find alternative placement for them. 4. Fund appropriate staffing to develop individualized treatment plans
for residents in 89 day program. 5. Develop and fund alternative community programming for residents

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in 89 day program that can be serviced in community. 6. Hire 3 case managers who are assigned and work for the facility
director.
Evidentiary Basis Document review, observation, interviews

Provision 5.2 Individualized Treatment Plans Treatment Program for PostDisposition Residents Status Discussion
Recommendations

Henley-Young shall ensure that residents in need of mental health and/or substance abuse treatment and/or who are in the facility post disposition shall have appropriate treatment plans developed and implemented in accordance with generally accepted professional standards of practice for mental health and rehabilitative services.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating the action and recommendation from my previous report below. Residents entering the facility pre or post disposition (89-day program) still have no treatment plan as it relates to mental health although some residents are being seen by Hinds Behavioral Health counselors. Once a resident enters the facility and the screening shows evidence and warning signs of suicidal ideations, traumatic experiences, depressed moods, and/or somatic complaints etc. that are indicated by the MAYSI-2, the residents should be evaluated and have a treatment plan developed.
There is no documentation to show that treatment was provided to residents based on identified warning signs; there are no treatment plans available, and there is no mental health staff available to implement the treatment plans. Also, I found no treatment plans for residents that were currently at the facility or post treatment plans for residents leaving Henley -Young. Interviews with staff showed they were very frustrated with the lack of mental health services at the facility. In addition, there is no functional system in place to address residents with mental health issues or exhibiting mental health behaviors. Also, residents having problems within the school should at least have an IEP to determine whether they are in need of placement within the special education program over and above any need for mental health services. At this point, there is no indication that any mental health services, beyond the MAYSI-2 are being provided other than those services provided by Hinds Behavioral Health which is limited at best. However, I found no documentation of any services provided to residents at Henley-Young (i.e., treatment plans, screenings or evaluations .etc), see introduction.
1. Develop adequate policies and procedures for this provision. 2. See recommendations under (5.1).

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Evidentiary Basis Document review, observation, interviews

Provision 5.3 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status Discussion
Recommendations

Henley-Young shall implement policies and procedures for the required content of treatment plans, which shall include;
a. That the treatment plan be individualized; b. An identification of the mental and/or behavioral health and/or
rehabilitative issues to be addressed; c. A description of any mental health, medication or medical course
of action to be pursued, including the initiation of psychotropic medication; d. A description of planned activities to monitor the efficacy of any medication of the possibility of side effects; e. A description of any behavioral management plan or strategies to be undertaken; f. A description of any counseling or psychotherapy to be provided; g. A determination of whether the type or level of treatment needed can be provided in the resident’s current placement; and h. A plan for monitoring the course of treatment, and if necessary, for revising the treatment plan. i. A description of the precise terms the of the facility’s long-term and short-term objectives for the residents, the full range of services to be provided, and procedures, and timetables and staff assignments for the implementation of such treatment plan; j. A plan for regularly engaging the family in the resident’s treatment plan; k. A comprehensive re-entry plan that will assist the residents re-enroll in their home school and access medical, mental health, Vocational and rehabilitative services based in the community.
Non-Compliance
The facility still has not developed policy and procedures for this provision. Please see previous report. As stated in provision 5.1, the facility still needs to develop the appropriate program structure with adequate staffing, etc. adequate therapeutic treatment, supervision, education etc. Henley-Young is still in Non-Compliance as it relates to this provision. Because there has been no movement on this provision therefore I am reiterating the actions and recommendations from my previous report below see introduction.
1. Develop comprehensive policies and procedures for this provision that includes the contents (A-K).
2. The County/Court shall define the criteria for the program a. It is important that post dispositional programs in other facilities be reviewed. b. Often seeing what is being done in other facilities provides insight into how to develop and operate these programs.

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3. Provide dedicated staff to manage program. 4. Provide intensive training to these staff members.
a. Train staff in various treatment modalities i.e. cognition, behavioral modification, modeling, psychotherapy, reality therapy, group therapy and group dynamics and other skills required to successfully facilitate the goals of the 89 day program.
b. Create treatment teams c. Develop case planning and program development d. Assessment of the program to determine if it meets the needs
of the court placed residents. e. Assessment tool to regularly monitor the success or lack of
success of all residents in the program. 5. Provide auxiliary training to all other direct care staff.
Evidentiary Basis Document review, observation, interviews

Provision 5.4 Individualized Treatment Plans Treatment Program for PostDisposition Residents Status
Discussion
Recommendations

Henley-Young shall institute a program of periodic staff reviews every three weeks and evaluations of each resident’s progress under his/her individualized treatment plan and of the appropriateness of the plan itself and Henley-Young’s plan for such review.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating the actions and recommendations from my previous report below. Please see the previous report and provisions 5.1 and 5.3, take note of the discussion of these issues in the introduction.
1. Develop comprehensive policies and procedures for this provision. 2. Provide training to all staff. 3. Identify roles and responsibilities of direct care, treatment and
educational staff as it relates to the staffing for 89 day program through policies and procedures and adequate funding and staffing.

Evidentiary Basis Document review, observation, interviews

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Provision 5.5 Individualized Treatment Plans Treatment Program for PostDisposition Residents

Henley-Young shall develop and implement a program that provides for evening and weekend programs and activities that allow residents to engage in meaningful activities.

Status

Non-Compliance

Discussion

Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating the actions and recommendations from my previous report below. The program of the facility is at a standstill as it relates to this provision. There are very few activities on weekends therefore there is no meaningful programmatic structured/activities except for card playing and dominoes, take note of the discussion of these issues in the introduction.

Recommendations

1. Develop comprehensive policies and procedures to meet the needs for this provision.
2. Provide adequate staffing for this program. 3. Develop a monthly recreational program with activities. 4. Keep records of activities provided and note those that were not
provided and why. 5. Purchase board games etc. 6. Hire recreational staff.

Evidentiary Basis Document review, observation, interviews

Provision 5.6 Individualized Treatment Plans Treatment Program for PostDisposition Residents
Status
Discussion

Henley-Young shall develop and implement an adequate quality assurance program.
Beginning Compliance The facility’s policies and procedures for an individualized treatment program for post disposition residents have not been presented or approved. The facility still is in need of an adequate Quality Assurance program. Although, the facility has hired two Quality Assurance Coordinators and they are developing a quality assurance program for the facility, which is not an overnight development it is in progress. It should be noted that the courts must also be involved in the development of the quality assurance

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program. There must be a system in place to evaluate the 89-day program when residents are assigned to it. In addition, data should be collected and retained to determine if the program is achieving its expected outcomes. It is very difficult to develop an effective treatment program or individualize treatment plans without an adequate review of the processes in place.

Recommendations

1. Develop comprehensive policies and procedures to meet the needs for this provision for the facility, school program and SICU program.
2. Health Care: continuously assess the quality and adequacy of the health services provided, accurately evaluate the performance of staff providing health services and address identified deficiencies.
3. Recreation and Social programs: continuously assess the quality and adequacy of social and recreational programming provided; accurately evaluate the performance of staff in providing these programs.
4. Environmental Health and Safety: continuously assess the quality and adequacy of environmental health and safety, accurately evaluate the performance of staff in providing a safe and healthy environment and properly address identified deficiencies.
5. Discipline and order: continuously monitor use of discipline and promptly address misuse or over use of discipline and other identified deficiencies.
6. The facility will develop monthly performance measures to indicate achievement in the desired area.
7. Review State of Florida Quality Assurance Model and for assistance in developing contact CJCA Performance Based Standard for Juvenile Detention Programs, also use ACA standards to establish policy guidelines.
8. Develop data collection system

Evidentiary Basis Document review, observation, interviews

6 Due Process/Isolation/Disciplinary Practices and Procedures

Provision 6.1 Disciplinary Practices and Procedures

Henley-Young shall implement a discipline policy and practice that incorporates positive behavior interventions and supports. This policy shall include guidelines for imposing graduated sanctions for rule violations and positive incentives for good behavior.

Status

Non-Compliance

Discussion

This is a critical component of the disciplinary and behavioral management process to ensure residents are treated fair, humane and that there is no misuse of the isolation and disciplinary process, review the introduction regarding this matter. As stated in my previous report, the facility is implementing a due process behavior system which is partially complete. There is still no positive incentive program for good behavior and sanctions

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for rule violation. Based on my review of documents and observation, positive behavioral intervention and supports are not in place and are still not being provided for this provision. I reiterate, the suggested actions and recommendations from my previous report. The facility should continue to follow the recommendations from the previous report. The facility is making improvement on the due process isolation and practices procedure. Although processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and standardized method of running the facility.

Recommendations

1. Develop adequate policies and procedures for this provision. 2. Develop new resident handbook. Residents are to receive these
handbooks during orientation. a) They shall include resident’s rights, major and minor rule violations
and the grievance policy. b) The handbook will explain to residents in their own language the
rules and shall also be explained by staff that will have them sign and date a form indicating that both processes have occurred. c) These rules shall be posted on each unit. 3. Due process rules shall be posted on each unit. 4. Develop positive behavior intervention programs. 5. Assign and train an independent person(s) to handle due process isolation hearings. The person(s) must be independent of the unit staff. 6. Ensure residents who are in isolation are provided recreation and education services.

Evidentiary Basis Document review, observation, interviews

Provision 6.2 Disciplinary Practices and Procedures
Status Discussion

Residents who violate major rules may be subject to cell confinement for up to 24 hours for a single rule violation. An occasion in which a resident is alleged to have contemporaneously violated multiple major rule violations shall count as a single rule violation for the purposes of this section. No residents shall be confined to a cell for longer than 8 hours for a single rule violation without receiving written notification of the alleged rule violation and the occurrence of a disciplinary review/due process hearing before an impartial staff member, which includes participation by the accused residents. Under no circumstances shall residents be subjected to involuntary cell confinement for longer than 24 hours for disciplinary purposes. Residents who are placed on cell confinement shall be released daily from their cells to attend school, maintain appropriate personal hygiene, and to engage in one hour of large muscle exercise.
Non-Compliance
Based on my review of documents and observation, adequate disciplinary practices and procedures are not in place and are still not being provided for this provision. I am reiterating that the suggested actions and

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recommendations from my previous report be put into action and restated in the introduction.

Recommendations

1. Develop policies and procedures for this provision. 2. Develop sheets to place on door of any residents in confinement that
identifies the reason for confinement and is review and signed by supervisor. 3. Ensure residents in confinement receive education and recreation services. 4. See 6.1 recommendations. 5. Provide training for all staff on these policies and procedures.

Evidentiary Basis Document review, observation, interviews

7 Use of Restraints

Provision 7.1 Use of Restraints Mechanical

Mechanical restraints shall not be used to punish residents or for the convenience of staff. Mechanical restraints shall only be used to prevent self-harm and/or harm to others, subject to section 7.4, and for transportation to and from court, subject to section 7.2.

Status

Beginning Compliance

Discussion

As stated in my previous report. The facility continues to follow the policies and procedures of this provision. To move past beginning compliance, staff needs to be trained and all training documented etc. based on recommendations below.

Recommendations

1. Officers shall receive training on policy and procedures. 2. Officers shall be trained on when it is appropriate to use mechanical
restraints. 3. All training shall be documented. 4. The policy will require the documentation of any use of mechanical
restraint and use of force incidents.

Evidentiary Basis Document review, observation

Provision 7.2 Use of Restraints Mechanical
Status

Nothing in this section shall prohibit mechanical restraints from being placed on residents who are being transported to and from court or out of the facility, if staff have reason to believe that a residents presents a flight risk or is an imminent danger to the residents or others, or will engage in violent behavior. However, mechanical restraints should be removed immediately after the resident is placed in a cell and at no time shall a resident be placed in a cell wearing mechanical restraints.
Beginning Compliance

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Discussion

As stated in my previous report. The facility continues at beginning compliance. To move past beginning compliance, staff needs to be trained and all training documented etc. based on recommendations below.

Recommendations

1. Develop and provide adequate training for this provision. 2. All training shall be documented. 3. The policy will require the documentation of any use of
mechanical restraint and use of force incidents. 4. Operationalize the edicts of this provision.

Evidentiary Basis Document review, observation

Provision 7.3 Use of Restraints Status Discussion
Recommendations

Restraints shall not be used to secure residents to a fixed object such as a restraint chair, bed, post, or chair.
Beginning Compliance
As stated in my previous report. The facility continues to be in beginning compliance. I found no indication during my visit or interviews that residents were being secured to fixed objects in the facility. However, to move past beginning compliance the facility needs to follow the recommendations (2, 3 and 4) below.
1. Complete the comprehensive policies and procedures for this provision.
2. Provide training for staff within the facility as described above on this provision and provide documentation of training.
3. Develop and use a mechanical restraint log. 4. Provide training on de-escalation techniques to try to use mechanical
restraints only as a regular part of facility transport.

Evidentiary Basis Document review

Provision 7.4 Use of Restraints
Status Discussion

No residents shall be restrained for longer than 15 minutes, unless restraints are approved by a mental health professional or if determined to be necessary under section 7.2 or as reasonably necessary to prevent the residents from engaging in acts of self-harm or harm to others. If a residents must be restrained for longer than 15 minutes in order to prevent self-harm, that residents shall, as quickly as possible, be evaluated by a mental health professional or transported to a mental health facility.
Non-Compliance
As stated in my previous report, a policy and procedures need to be developed, training etc. as it relates to this provision. There has been no movement on this provision therefore I am reiterating that the suggested

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actions and recommendations from my previous report be placed into action. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area. This provision should be included in policy and procedure development once a mental health professional or agency is retained, please review the introduction.

Recommendations

1. Develop comprehensive policy and procedures for this provision. 2. Provide training for staff on policy and procedures and document
training. 3. Provide training on de-escalation techniques. 4. Develop Mental Health protocols for this provision. 5. Hire mental health professional or agency.

Evidentiary Basis Document review

Provision 7.5 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not use, or allow on the premises, restraint chairs, chemical restraints and/or tasers.
Beginning Compliance Based on my most recent visit and my review of documents, I found no indications that restraint chairs, chemical restraints or tasers have been used at the facility. See recommendations below.
1. Provide training for staff on policies. 2. Document all training provided to all staff. 3. Retrain staff when deemed necessary.

Evidentiary Basis Document review, video

Provision 7.6 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not subject residents to “hogtying,” which is the practice of placing a resident’s face down on a bed, floor, or other surface, and securing the resident’s hands to his feet.
Beginning Compliance
Based on my most recent visit and my review of documents, I still find no indication that the facility is violating this provision. The facility does have a policy and procedures developed however there is still a need for training of staff and documentation of all training. See recommendations below.
1. Provide training for staff on policies 2. Document all training provided to all staff.

Evidentiary Basis Document review

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Provision 7.7 Use of Restraints

When a resident is placed in mechanical restraints, staff must provide oneon-one supervision for the duration of the restraint, except when mechanical restraints are deemed to be necessary for the reasons specified in section 7.2.

Status

Beginning Compliance

Discussion

Based on my most recent visit and my review of documents, the facility has developed a policy and procedures for this provision. However, there is still a need for training of staff and documentation of all training. In addition, any residents placed in mechanical restraints should be seen by a medical professional as soon as possible to assess if there are any injuries.

Recommendations

1. Provide training for staff on policies and procedures. 2. Document all training provided to all staff. 3. Ensure that residents who are placed in mechanical restraints are
seen by a medical professional.

Evidentiary Basis Document review

Provision 7.8 Use of Restraints Status Discussion
Recommendations

Henley-Young shall notify a medical professional whenever a resident is placed in mechanical restraints for reasons other than those specified in section 7.2. A medical professional shall examine the residents as soon as possible after restraints are removed, except when the residents was restrained for the reasons specified in section 7.2.
Beginning Compliance
Based on my observations and review of documents, I am reiterating that although policies and procedures are developed, there must be adequate training and instruction to ensure that staff complies with policy and procedure. In addition, incident reports must be reviewed by the supervisors to ensure that accurate information is being provided. There is a strong need for accurate and consistent reporting of incidents. When incidents are not reported correctly, the integrity of the reporting system falls into question. This is also a training issue.
1. Develop comprehensive policies and procedures for this provision.(Executed)
2. Provide training on policies and procedures. 3. Document all training provided to all staff. 4. Ensure that residents who are placed in mechanical restraints are
seen by a medical professional. 5. Ensure that information being reported is accurate and consistent.

Evidentiary Basis Document review

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Provision 7.9 Use of Restraints

Hinds County does not currently and shall not in the future allow officers to enter the secure detention area of the facility with any electronic restraints, including, but not limited to, tasers.

Status

Beginning Compliance

Discussion

During my recent visit and review of documents, I found no indication that any electronic restraints i.e. tasers had been used. However, there is still a need for training of staff and documentation of all training.

Recommendations

1. Provide training for staff on policy. 2. Document all training provided to all staff.

Evidentiary Basis Document review

Provision 7.10 Use of Restraints Status Discussion
Recommendations

Henley-Young is required to ensure that no officer enters the secure detention area of the facility with a firearm.
Beginning Compliance
The facility has developed policy and procedures for this provision. However, there is still a need for training of staff and documentation of all training.
1. Provide training for staff on these policies and procedures. 2. Document all training provided to all staff. 3. Have signs displayed at all entrances.

Evidentiary Basis Observation

8 Use of Force

Provision 8.1 Use of Force

Physical force shall not be used to punish residents. Staff shall only use physical force to stop residents from causing serious physical injury to self or others or to prevent an escape. If physical force is necessary, staff must use the minimum amount required to safely contain the residents. Whenever possible, staff shall avoid the use of force by first attempting verbal deescalation techniques. Staff shall be required to fully document in writing every instance of use of force.

Status

Non-Compliance

Discussion

Based on my review of documents, the facility still needs to develop policies and procedures for this provision. In my review of incident reports, I found that there have been incidents of use of force. However I found no indication that any de-escalation techniques were used. Although officers are doing reports, they are not accurately recording information. When officers are captioning information, it should be truthful, accurate and detailed enough so they can testify on their observations 2 years from now if needed. It appears from reviewing the documents, that there is a major

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need for de-escalation and proper restraint training and accurate documentation of incidents. In addition, reports must be legible, in plain English, and specific behavioral terms should be used. Regardless of how accurate and useful an observation may be, it has no value to others unless it is recorded legibly. Police and other juvenile detention facilities have addressed the legibility problem by typing their reports. Most agencies are completely computerized, and some are experimenting with lap top computers. Computerized records may eliminate legibility problems for this facility. Some reports are still written in flowing scrip (cursive) and on various forms .There should be one facility wide form used to capture information. This has been stated in my previous reports. In addition, there is a major need for data collection as it relates to use of force. This was also stated in my previous reports. Good data will assist the facility in determining, answers to some of the following examples:
A. The location of use of force B. The number of use of force incidents C. The number of use of force requiring mechanical restraints D. The type of restraint used E. The number of incidents requiring chemical agents F. The number of incidents involving non lethal security devices
(i.e. batons, tasers, etc.) G. The number of use of force incidents resulting in injury to
residents or staff H. Plan of action to address each incident (i.e. disciplinary action,
staff training or remedial training, resident’s isolation, resident’s behavior management, resident’s mental health screening or evaluation etc.) Please review my previous report.

Recommendations

1. Develop policy and procedures for this provision. 2. Provide training for on policies and procedures 3. Document all training provided to all staff. 4. Adapt an appropriate curriculum for training staff on the use of
verbal de-escalation skill and safe use of physical restraints or mechanical restraints. 5. Contact the National Partnership for Juvenile Justice for recommendations on training program in this area. 6. Document and file report when there is use of force. 7. Ensure any time use of force is used residents are seen by a medical professional

Evidentiary Basis Document review, interviews

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Provision 8.2 Use of Force

Henley-Young shall notify a medical professional, including but not limited to the licensed practical nurse on duty whenever physical force is used against a resident. A medical professional shall examine a resident immediately after the use of physical force.

Status

Non-Compliance

Discussion

Based on my most recent visit this provision is still non-compliant derived from documentation review, observations, and interviews. Based on my review of documents and observation, Henley-young shall notify a medical professional, including but not limited to the licensed practical nurse on duty whenever physical force is used against a resident. A medical professional shall examine a resident immediately after the use of physical force is not in place and is still not being provided for this provision. I am reiterating the actions and recommendations from my previous report are reviewed and followed. It is also important that appropriate staff be put in place to man the facility 24/7. In my interview with the facility director and the county administrator, they explained that they are working on procuring a contract for medical services to meet the demands of this provision, which will provide the necessary bodies and services to the facility. Once the contract is implemented the County should ensure that policies and procedures are developed that meet the medical standards and needs of the residents in the facility, please review the introduction.

Recommendations

1. Complete procurement of services as quickly as possible. 2. Develop comprehensive policies and procedures for this provision. 3. Provide training to staff on policies and procedures. 4. Document all training provided to all staff. 5. Review nursing schedule and provide more hours at facility. 6. Provide written documentation of examination of residents by
medical professional in every instance. 7. Provide additional medical services after hours and on weekends. 8. Document and file in resident’s records when there is use of force.

Evidentiary Basis Document review, observation

9 Meals and Nutrition

Provision 9.1 Meals and Nutrition

Residents shall be provided three meals and a snack daily. If a residents misses a meal because he or she is attending court, or some other appointment, he or she shall receive the missed meal upon his or her return to detention.

Status

Beginning Compliance

Discussion

During this visit, I found there were major complaints regarding food service and food provided to residents at the facility. During a normal review of any institution there is an expectation that residents will make complaints regarding the food. However, each

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resident interviewed at Henley-Young had major complaints about the food, the portions, and the presentation of the food. During this review I observed the food and the distribution of the food. The breakfast was cold upon arrival and the lunch and dinner meals were also cold upon arrival. An example of how poor the meals were I observed oatmeal that was provided to the residents that was cold, hard and flat and had no liquidity to it; if it were any harder it could be served as an oatmeal cookie (see exhibit #5).
Food service is an important part of institutional life. A comprehensive food service program must be developed if the facility is to meet the unique needs of its juvenile population. Juvenile health, nutrition, and morale in this environment are all directly related to the effectiveness of the food service program. Meals served to incarcerated juveniles must be nutritionally balanced and calorically adequate. They must be tasty, appealing, and served in an aesthetically acceptable manner to avoid conduct and behavior problems. If juveniles believe the facility’s staff and management have maximized their efforts to provide a healthy and appealing food program, conduct could improve.
Juveniles typically have less than desirable eating habits. Nutritional guidelines for juveniles are extrapolations from the recommendations for children and adults. Recommended dietary allowances relate to the general time and rate of the juvenile’s growth spurt is very important. Therefore I am recommending a meal pattern that provides nutritionally balanced meals with food items selected from various food components listed below:
• Breads, cereal, and other grain products (including several servings a day of whole-grain products)
• Fruit • Vegetables (includes all types with dark green leafy
vegetables and dry beans and peas used several times per week) • Meat, poultry, fish and alternatives (5 to 7 ounces, lean per serving) • Milk, cheese, yogurt, etc. • Fats and sweets (at a minimum)
The meals I observed did not meet the above mentioned meal patterns. There has been a decline in food service at Henley-Young.

Recommendations

1. Review portions to ensure residents receive enough food during meals.
2. Develop policy and procedures for this provision.(executed)

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3. Provide training for kitchen staff and all other staff members involved with handling food and preparing meals.
Evidentiary Basis Document review, observation, interviews

Provision 9.2 Meals and Nutrition Status
Discussion

All meals and snacks served to residents at Henley-Young shall, at a minimum, comply with the nutrition guidelines set forth in the United States Department of Agriculture’s School Meals Program standards.
Beginning Compliance
The county has hired ABL Management Incorporated as the new food service vendor for the facility. I have reviewed their manuals and upon my next visit will review reports and inspection checklist. Also during my next visit, I will review training and policy and procedures records. I did interviewed residents and found no major complaints, however during this visit the food service was far below standards, see provision 9.1.

Recommendations

1. Develop policy and procedures for this provision(executed) 2. Provide training for kitchen staff and all other staff members involved
with handling food and preparing meals.

Evidentiary Basis Document review, observation, interviews

Provision 9.3 Meals and Nutrition Status
Discussion

Residents shall be provided access to drinking water throughout the day.
Beginning Compliance
The facility has not replaced the non-functioning water fountains, therefore, I am reiterating the actions and recommendations from my previous report that shall be reviewed and followed. I have reviewed documents which show the County has conducted an environmental test on the water system and concluded it is safe. The water is still available to the residents through the Igloo coolers that have been purchased and this provision remains at beginning compliance based on my last report. It should be noted that residents continue to complain of not being allowed to have water after outdoor recreation and during school.

Recommendations

1. Contact County or State Environmental office to conduct test on water system. (executed)
2. Ensure residents receive water during school and recreational periods and at night.
3. Develop a policy for incidents regarding water quality and procedures to address them.

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4. Repair inoperable drinking fountains.
Evidentiary Basis Document review, observation, interviews

10 Clothing

Provision 10 Clothing

Henley-Young shall provide basic clothing items for residents at all times. These items must include, at a minimum, socks, underwear, uniform, shoes, and undershirts. For girls, these items must also include a brassiere. When appropriate, Henley-Young shall also provide residents with a coat, hat, and gloves. Residents must be provided with a clean uniform, socks, undershirt, underwear, and brassiere, if applicable, upon intake and at least once per day. No residents shall be deprived of these basic clothing items for any reason, including, but not limited to, as a punishment, because these items are being washed, or due to overcrowding.

Status

Beginning Compliance

Discussion

Although, the facility has developed a policy and procedures for this provision, my discussion with the residents and my observations present a concern. The residents continued to complain that their clothes still have stains on them and the socks have holes. As I stated in my previous report, the facility must develop a system for discarding (torn or wear worn) clothing. I also recommended in my last report that clothing be prewashed which would loosen the soil in the clothing in particular white clothing (i.e. undergarments). Again, there has to be a system for replacing clothing on a regular and consistent basis. The developed policy and procedures that I mentioned above should address some of these issues. I am also recommending as in my previous report, that the facility has dedicated laundry staff to assist in the policy being implemented properly.

Recommendation

1. Check washer and dryer to ensure they are working properly. 2. Ensure that girls and boys are equally involved in cleaning and
folding clothes. 3. Hire 2 laundry staff to ensure clothing is handled properly. 4. Ensure that all staff and residents wear protective material (smocks
and gloves) when handling chemicals and clothing. 5. Discard clothing that is torn, dingy and in poor condition. 6. Develop a system for replacing clothing on a regular and consistent
basis. 7. Develop schedule for distribution. 8. Develop a system for prewashing clothing (i.e. undergarments etc.)

Evidentiary Basis Document review, observation, interviews, photographs

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11 Hygiene and Sanitation

Provision 11.1 Hygiene and Sanitation

Residents shall be provided with the means to maintain appropriate hygiene, including soap and shampoo for showers, which will occur at least once daily, soap for washing hands after each time the residents uses the toilet, and toothpaste and a toothbrush for tooth brushing, which will occur at least twice daily, a comb and brush, that if shared, shall be sterilized between uses by residents. Girls must be provided with panty liners on a daily basis and other feminine products as needed. Residents will be issued a comb and brush upon entering the facility; however, if residents are issued a recycled comb or brush or a comb or brush that has been used by another residents, Henley-Young shall ensure that the comb and brush is sterilized and in good condition.

Status

Beginning Compliance

Discussion

Since my last visit, the facility has moved to beginning compliance with this provision. The facility now needs to provide training and ensure that the process outlined in the policy and procedures is followed. During this visit, residents still complained that they were using each other’s deodorant and soap. Also, residents continue to complain that other residents were using items from their hygiene kits. These areas should be addressed as soon as possible and the recommendations below are based on my previous report.

Recommendations

1. Ensure that hygiene kits are properly labeled and residents are not sharing each other’s hygiene products or items.
2. Ensure items such as hair brushes, if shared, are sterilized and in good condition.
3. Provide training for staff on these policies and procedures. 4. Ensure that clean face towels are available for residents. 5. Develop a schedule for distribution of hygiene kits.

Evidentiary Basis Document review, observation, interviews

Provision 11.2 Hygiene and Sanitation

Residents shall be provided with sleeping mats and blankets that are clean and odorless sleeping mats shall be sanitized between uses by residents, and residents shall receive clean blankets weekly.

Status Discussion
Recommendations

Beginning Compliance
Policies and procedures have been developed. The facility now needs to provide training to ensure that the process outlined in the policies and procedures is followed. During this visit, I did find blankets and mattresses that needed discarding and others that needed to be cleaned (see exhibit-#7). The facility needs now to follow the recommendation below.
1. Discard all blankets and mattresses that are tattered and have holes in them.

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2. Clean and maintain laundry area in orderly fashion. 3. Develop forms or system of documentation for distribution and
inventory 4. Label and designate an area for towels, sheets, clothing etc.
Evidentiary Basis Document review, observation

Provision 11.3 Hygiene and Sanitation Status Discussion
Recommendations

Under no circumstances shall residents be deprived of mats and blankets.
Beginning Compliance
The facility has moved to beginning compliance for this provision. Now there needs be training to ensure that the process outlined in the policy and procedures is followed. During my interviews with residents, I found no indication that residents were being deprived of mats and blankets however I found mats and blankets that were in disrepair and ragged and should be discarded and replaced, (see exhibit-#7).
1. Provide training to staff on policy and procedures. 2. Develop system for inventory and distribution

Evidence

Observation, interviews and document review

Provision 11.4 Hygiene and Sanitation Status Discussion
Recommendations

Henley-Young shall maintain a sufficient number of clean, sanitary mats and blankets that correspond with the facility’s maximum capacity.
Beginning Compliance
The facility has moved to beginning compliance for this provision. The facility now needs to provide training to ensure that the process outlined in the policy and procedures is followed. During my interviews with residents, I found no indication that residents were being deprived of mats and blankets see provisions 11.2 and 11.3 for further explanation.
1. Develop policies and procedures for this provision. (executed) 2. Provide training to staff on policy and procedure. 3. Provide an inventory of mats and blankets.

Evidentiary Basis Observation, interviews and document review

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Provision 11.5 Hygiene and Sanitation
Status

Residents shall be provided with a clean, sanitary environment. Beginning Compliance

Discussion

As stated in my previous report, the facility had begun to make environmental improvements in the physical plant however during this visit I found the facility is again falling into disrepair, it is dirty and not being maintained. Building maintenance is an ongoing and continuous process. Please review the introduction.

Recommendations

1. Develop policies and procedures for this provision. (executed) 2. See areas in discussion that should be addressed. 3. Develop housekeeping and cleaning schedule. 4. Develop checklist or inspection report for each unit and area of
building. 5. Develop work order system to ensure that when problem arise they
are addressed. 6. Develop corrective action plans as needed. 7. Provide training for staff on policy and procedures. 8. Ensure delivered food items are dated and rotated from old to new.

Evidentiary Basis Document review, observation, interviews

Provision 11.6 Hygiene and Sanitation
Status
Discussion

Hinds County shall ensure that Henley-Young complies with relevant law regarding fire safety, weather emergencies, sanitation practices, food safety, and the elimination and management of environmental toxins.
Non-Compliance
Based on my review of documents and observation, policies and procedures are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report be reviewed and followed.

Recommendations

1. Develop policies and procedures and plans for fire safety, evacuation etc.
2. Develop adequate staff training regarding fire safety. 3. Properly maintain and repair fire equipment. 4. Ensure intercom systems are operating properly. 5. Ensure all mattresses used by residents are fire resistant. 6. Routinely test all fire equipment and system. 7. Ensure that all electrical outlets, wires and equipment (lights) are
properly working. 8. Develop work order system to ensure items are repaired. 9. Ensure that all areas in this provision are addressed by a certified
professional.

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Evidentiary Basis Document review, observation

Provision 11.7 Hygiene and Sanitation Status Discussion
Recommendations

Residents shall be provided with clean drinking glasses and eating utensils.
Beginning Compliance The facility has moved to beginning compliance for this provision. During my visit to the facility, I did not find and did not receive any reports of unclean drinking glasses or eating utensils. Please see provision 9.3.
1. Develop policies and procedures for this provision. (executed) 2. See provision 9.3.

Evidentiary Basis Document review, observation and interviews

12 Medical Care

Provision 12.1 Medical Care

The parties agree, however, that henceforth, Henley-Young shall provide residents with adequate medical care, including: prompt screenings; a full physical exam within 72 hours after their detention hearing or disposition order, as applicable; access to medical professionals and/or prescription medications when needed; and prompt transportation to a local hospital in the case of a medical emergency. Hinds County is responsible for procuring and/or paying for all medications provided to residents.

Status

Non-Compliance

Discussion

During this visit, I reviewed medical files. The documents reviewed are in poor condition, at best. Multiple dates are scratched outs on a single page. It is not known if the health assessment data listed is current because of the redating of the document. There is no indication next to the questions as to whether to the answers were asked on the document is of a current admission or from previous ones. A new history and physical examination should be completed with each admission and maintained in one file in chronological order by date of admission (most current information first). The current documentation, poses a great liability to the County and risk of medical error for the residents. As it relates to documentation, there were multiply entries that had dates but no times, lack of signatures of medical personnel. Some of the documents reviewed had no indication of the resident’s name, date of birth or admission date including the year. Other documents reviewed did not include the year in which the residents were seen. Each resident should have a separate medical file. However, during my review of documents I found files that had multiple names with some scratched through and others with different resident’s names on both sides of tab. These are serious issues that must be addressed immediately. As stated in my introduction, the County should develop a connection with the

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University of Mississippi Medical Center and schools of nursing in the community. This is a viable option that other communities around the country are utilizing to assist the medical department with its lack of staff. These schools provide an excellent training ground for medical professionals. The County is soliciting proposals for medical providers to provide medical care for the residents. However, no contract has been signed. The County has the responsibility to maintain medical care and provide medication and all other needs for residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed .The County must look at the medical filling system in place at this point and change it to meet contemporary medical standards, see addition discussion in the introduction.

Recommendations

1. Develop policies and procedures for this provision. 2. Develop policies and procedures and protocols based on standards
for Health Services in Juvenile Detention and Confinement facilities. 3. Provide training for staff members who administer medication to residents on proper usage and possible side effects. Also, train the staff on emergency protocols if side effects occur. 4. Have a licensed medical professional review and sign off on policy and procedures. 5. Have a licensed health professional periodically review and provide supervision to the nurse at facility. 6. Develop forms to coincide with provision. 7. Remove medication from bags and place them in secure, organized areas and develop forms to determine what medications are present in the facility at all times. 8. Hire or have on contract a physician to review medical area. 9. Ensure that residents receive vision exams, dental screenings, mental health screenings, hearing tests, etc. 10. Order folders with 2 dividers, end tab, classification folders in letter size with 2 prongs for medical charts.

Evidentiary Basis Document review, observation, interviews

Provision 12.2 Medical Care
Status
Discussion

Henley-Young shall ensure that a medical professional is available to examine residents confined at the facility to identify and treat medical needs, when necessary.
Non-Compliance
Based on my review of documents and observation, the provision states, “Henley-Young shall ensure that a medical professional is available to examine residents confined at the facility to identify and treat medical needs, when necessary”, is not in place and is still not being provided for this provision. The County is soliciting proposals for medical providers to

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provide medical care for the residents. However, no contract has been signed. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed, (see the introduction.)

Recommendations

1. Hire qualified medical professional for nights and weekend care. 2. Develop policies and procedures for this provision. 3. Provide training for staff on this provision.

Evidentiary Basis Document review, observation, interviews

Provision 12.3 Medical Care Status Discussion
Recommendations

Henley-Young shall implement its sick call policy and practice which ensures that confined residents who request non-emergency medical attention are examined by a medical professional within 24 hours of a residents placing him or herself on sick call, excepting weekends and holidays.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. The county is soliciting proposals for medical providers to provide medical care for the residents. However, no contract has been signed. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed, (see introduction.).
1. Develop policies and procedures for this provision. 2. Place a kite box on each unit. 3. Provide training for staff on this provision. 4. Nurse or designated person, making daily rounds to retrieve kites
(Request for Medical Service Forms).

Evidentiary Basis Document review, observation, interviews

Provision 12.4 Medical Care Status
Discussion

Prescription medications shall only be distributed by licensed medical staff or Henley-Young staff who has been trained by licensed medical personnel.
Non-Compliance
Based on my review of documents and observation, the provision states that “prescription medications shall only be distributed by licensed medical staff or Henley-Young staff who has been trained by licensed medical personnel”, is not in place and is still not being provided for this provision. The County is soliciting proposals for medical providers to provide medical care for the residents. However, no contract has been signed. The facility

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still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see introduction.).

Recommendations

1. Develop policies and procedures to address this provision. 2. These policies and procedures must include the appointment of a
medication administration protocol. 3. There must be a medication record of all medicines administered.
a. One record to reflect all medicines leaving the pharmacy; b. An additional record kept in each resident’s case file. 4. Ensure that the training is comprehensive make certain that all medical contingencies are considered. 5. The staff should be trained on what side effects to look for drugs commonly prescribed to residents with mental health needs. 6. Provide training to staff on the policy and procedures for this provision. 7. All training should be documented and conducted annually.

Evidentiary Basis Document review, observation, interviews

Provision 12.5 Medical Care Status Discussion
Recommendations

Medical and mental health services shall be provided in a manner that ensures the confidentiality of resident’s health information.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. The County is soliciting proposals for medical providers to provide medical care for the residents. However, no contract has been signed. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see introduction.).
1. Develop policies and procedures to address this provision. 2. Get HIPAA requirements and institute them the facility. 3. Designate the persons who have access to the resident’s medical
records within the facility and outside of the facility, but within the juvenile justice system. 4. Provide training to staff on policies and procedures. 5. Provide training to staff on HIPAA requirements, and document training. 6. Designate a HIPPA Privacy Officer.

Evidentiary Basis Document review, observation, interviews

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Provision 12.6 Medical Care

Henley-Young shall develop procedures for monitoring residents who require individualized attention because of medical issues that do not involve requiring the residents to sleep on a mat in the visitation room.

Status

Non-Compliance

Discussion

Based on my review of documents and observation, services are not in place and are still not being provided for this provision. The County is soliciting proposals for medical providers to provide medical care for the residents. However, no contract has been signed. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed (see introduction.).

Recommendations

1. Develop policies and procedures to address this provision. 2. Develop processes of continuous monitoring residents with stable
medical issues, i.e. the care for diabetic residents who are on an insulin regiment.
a. What are the medical requirements of the residents who need monitoring?
b. Who is responsible for the monitoring? c. How are the records kept of the monitoring? 3. Provide training to staff on the policies and procedures for this provision. 4. Annual competency training.

Evidentiary Basis Document review, observation

13 Mental Health Care

Provision 13.1 Mental Health Care

Henley-Young’s contractor, Hinds Behavioral Health Services, shall provide adequate mental health services to all confined residents with a mental health diagnosis or serious mental health need, as indicated by the MAYSI-2. This shall include, but is not limited to, the provision of individual and group counseling sessions upon the request of a residents or the resident’s parent/guardian, access to a mental health professional at the detention center, and the distribution and medical monitoring of psychotropic medications by a medical professional.

Status

Non-Compliance

Discussion

Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. It is without question that there are residents entering this facility that need access to structured mental health services (i.e. residents J.D., T.M., D.D., T.B., H.P., and D.B.). There are still inadequate mental health services at this facility. Generally accepted professional standards

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require that mental health counseling be provided frequently and consistently enough to provide meaningful intervention for residents. Although residents may be seen by Hines Behavioral Health Services, is no documentation from the Services that indicate the needs of the residents or any planned strategies for the residents once they return to the facility. The Henley-Young mental health counseling is inadequate to the needs of mentally ill residents in both frequency and content. My review of records reveals no evidence of any counseling or use of any treatment plans or strategies. It should be noted that treatment planning, including identifying symptoms and behaviors is a critical part of effective treatment for residents with mental health illness or problems. An effective program should communicate treatment plans for mentally ill residents to all staff involved in the management of the residents in this detention facility and services should be coordinated prior to their implementation. Although some residents who are in need of mental health services are in the 89-day program and are assigned case managers, these individuals have no mental health training and they serve primarily as liaisons between the facility and the courts rather than focusing on coordinating care at the facility for mentally ill residents.

Recommendations

1. Ensure that the facility has a Standardized Assessment Tool i.e. the MAYSI-2 to use during the intake process.
2. Develop policies and procedures to address this provision. 3. Provide training to staff on policies and procedures and provide
documentation of training. 4. Develop documentation that will track resident’s progress during
their stay at facility. 5. Ensure there is communication between Hines Behavioral Health
Services, Juvenile Court Case Managers and Facility Staff on residents receiving mental health services.

Evidentiary Basis Document review, observation, interviews

Provision 13.2 Mental Health Care
Status
Discussion

Residents who are confined for longer than thirty (30) continuous days and who are prescribed psychotropic medications, shall be evaluated by a psychiatrist every thirty (30) days. Such evaluations may be performed by and through employees of Hinds Behavioral Health.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed, please review the introduction.

Recommendations

1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures.

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Evidentiary Basis Document review, observation, interviews

Provision 13.3 Mental Health Care
Status Discussion
Recommendations

Within 72 hours of a resident’s admission to the facility, staff shall develop individual mental health treatment plans for residents who are under the care of a mental health provider. Treatment plans shall emphasize continuity of care and shall ensure that whenever possible, residents are transported to appointments with their regular mental health provider, whether the appointments are standing or made after the resident’s initial detention.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed, please review introduction.
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures. 3. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).

Evidentiary Basis Document review, observation, interviews

Provision 13.4 Mental Health Care Status Discussion
Recommendations

Henley-Young shall develop and implement policies and procedures for referring residents in need of psychiatric services to a licensed psychiatrist for a timely mental health evaluation. Such services may be provided by and through employees of Hinds Behavioral Health.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed please review introduction.
1. Develop policies and procedures to address this provision. 2. Provide and document training to staff on policies and procedures.

Evidentiary Basis Document review, observation, interviews

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Provision 13.5 Mental Health Care

Hinds County shall employ or contract for sufficient psychiatric services to permit a psychiatrist to fulfill the following functions:
a. conduct needed psychiatric evaluations prior to placing residents on psychotropic medications;
b. Monitor, as appropriate, the efficacy and side effects of psychotropic medications;
c. Participate in treatment team meetings for residents under the psychiatrist’s care;
d. Provide individual counseling and psychotherapy when needed; e. Evaluate and treat in a timely manner all residents referred as
possibly being in need of psychiatric services; and f. Provide adequate documentation of treatment. g. All evaluations and services outlined above may be performed
and/or provided by and through employees of Hinds Behavioral Health or any other duly qualified Mental Health agency.

Status

Non-Compliance

Discussion

Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed please review introduction.

Recommendations

1. Develop policies and procedures to address this provision. 2. Provide training to staff on policy and procedures and document
training.

Evidentiary Basis Document review, observation

Provision 13.6 Mental Health Care Status Discussion
Recommendations

The psychiatrist and/or counselors shall review, if necessary, incident reports, disciplinary reports, suicide watch logs, and lockdown logs of residents under their care to determine whether their treatment is working and, if not, how it should be modified.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed please review introduction.
1. The mental health of the residents in the custody of the facility needs to be closely monitored at all times.
2. The facility needs to develop policies and procedures to address this provision.
3. Provide and document training to staff on policies and procedures and document training.
4. Facility needs documentation from a mental health organization on

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plan of action for residents receiving a mental health services.
Evidentiary Basis Document review, observation

14 Suicide Prevention

Provision 14.1 Suicide Prevention

Henley-Young shall develop a multi-tiered suicide prevention policy that has at least three stages of suicide watch. Suicide watch shall not be used as punishment. The “suicide cell” shall be reserved for residents for whom the “suicide cell” is deemed necessary in conjunction with this suicide prevention policy.

Status

Beginning Compliance

Discussion

The facility has moved to beginning compliance for this provision. The facility has developed policy and procedures for this provision. Now the facility must develop training programs to ensure that staff learn and adhere to the policy and procedures. Further, staff must become familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program, please review introduction.

Recommendations

1. Develop policies and procedures to address this provision. (executed)
2. Provide and document training for staff on policy and procedure. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program.

Evidentiary Basis Document review, observation

Provision 14.2 Suicide Prevention
Status Discussion

Any residents placed on the highest level of suicide watch shall be evaluated by a mental health professional, ideally within 12 hours, but in no case longer than 24 hours of his or her placement on suicide watch. If a resident on the highest level of suicide watch is not evaluated by a mental health professional within 24 hours, the residents shall immediately be transported to a local mental health facility or emergency room for evaluation and/or treatment.
Beginning Compliance
The facility has moved to beginning compliance for this provision. The facility has developed policy and procedures for this provision. Now, there must training programs developed to ensure that staff members adhere to the policy and procedures and that they are familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program, please review introduction.

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Recommendations

1. Develop policies and procedures to address this provision. (Executed)
2. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.
3. Provide training for staff on policies and procedures and document training.
4. Identify a mental health agency to help develop policies, procedures and protocols.
5. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program.

Evidentiary Basis Document review, observation

Provision 14.3 Suicide Prevention Status Discussion
Recommendations

Residents on suicide watch shall participate in recreation, school, and any other structured programming. Residents shall not be required to wear a “suicide gown” unless locked in a cell. Staff shall closely monitor residents on suicide watch, which includes logging activities every 15 minutes.
Beginning Compliance
The facility has developed policy and procedures for this provision which has moved it to beginning compliance. Now a training program must be developed to ensure that staff members adhere to the policy and procedures and that they are familiar with process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program, please review introduction.
1. Develop policies and procedures to address this provision with the assistance of a mental professional. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program. 4. The facility needs mental health professionals to help and enhance
the development of these policies and procedures as they are the authorities in this area.

Evidentiary Basis Document review, observation

Provision 14.4 Suicide Prevention
Status

When a resident is placed on any level of suicide watch, a report shall be made within 24 hours to the resident’s court, as well as to the resident’s guardian, and his or her defense attorney.
Beginning Compliance

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Discussion

The facility has developed policy and procedures for this provision which has moved it to beginning compliance. Now a training program must be developed to ensure that staff members adhere to the policy and procedures and that they are familiar with process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program, please review introduction.

Recommendations

1. Develop policies and procedures for making and distributing the reports in this provision. (Executed)
2. Provide training for staff on policies and procedures and document training.
3. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program
4. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.

Evidentiary Basis Document review, observation

15 Family Support and Interaction

Provision 15.1 Family Support and Interaction

Visitation shall not be restricted or withheld from residents unless the detention center director determines that a visit will violate the security of Henley-Young or will endanger the safety of residents, visitors, or staff. Visitation should not be restricted as a form of punishment.

Status

Beginning Compliance

Discussion

Although the facility still maintains beginning compliance with this provision, it should be noted that because of varying staffing issues, the facility has had to divert from the new policy at times and return to the previous visitation program, which did not allow for contact visits. As stated in my previous report, the facility must ensure that there is proper staffing available to provide for the visitation process to maintain reliability in it. Please review the staffing section of the introduction.

Recommendations

1. Provide and document training for staff on policies and procedures. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability.

Evidentiary Basis Document review, observation and interviews

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Provision 15.2 Family Support and Interaction

Within 90 days of the effective date of this Settlement Agreement, HenleyYoung shall provide accommodations that allow residents to have contact visits with their families.

Status

Beginning Compliance

Discussion

During this visit, I did review the visitation process and found that parents and residents were pleased with the new program. However, as stated in the previous provision 15.1, the facility must ensure that there is consistency in the visitation program. The current visitation schedule includes Tuesdays, Thursdays and Saturdays, according to the Director. The new visitation program will be more accommodating for parents and will be on Thursdays, Saturdays and Sundays. As in my previous report, the facility must ensure that there is enough staff to accommodate the program. In addition, staff must be trained to ensure that policies and procedures are being followed. With the addition of visitation on the weekends, this should reduce residents being “locked down” in their rooms for lack of supervision. The visitation program should be incorporated into the overall facility program that will help with providing a better structure, please review introduction.

Recommendations

1. Develop policies and procedures to address this provision. (Executed)
2. Identify area where contact visitation will take place. 3. Provide and document training for staff on policies and procedures. 4. Ensure that there is proper staffing availability to maintain
reliability. 5. Ensure that visitation program is included in the overall facility
program.

Evidentiary Basis Document review, observation and interviews

Provision 15.3 Family Support and Interaction
Status Discussion

Visitation shall be regularly scheduled at least three times per week, which shall include evening and/or weekend visitation times in order to encourage family visitation. Henley-Young shall permit the minor siblings of confined residents to participate in visitation, as long as the minors’ parent or guardian is present during the visit and the siblings are not harmful to the residents who are detained at Henley-Young. Henley-Young shall also permit a confined resident’s own child (ren) to participate in visitation
Beginning Compliance
See provision 15.1 and 15.2

Recommendations

1. Develop policies and procedures and practices to address this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain

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reliability. 4. Ensure that visitation program is included in the overall facility
program.
Evidentiary Basis Document review, observation and interviews

Provision 15.4 Family Support and Interaction Status Discussion
Recommendations

Residents may receive phone calls from their attorneys. At the discretion of the Director or assignee, in emergency situations, residents may receive phone calls from parents, primary caretakers, or legal guardians. Emergency phone calls and phone calls from attorneys should not be restricted as a form of punishment.
Beginning Compliance
The facility has developed a policy and procedures for this provision. Based on my review of the policy, additional phone privileges will be a part of the new behavioral management system once it is implemented. However, there is no indication that residents are allowed to mail letters as part of access to supportive relationships that residents have with families and others in the community. This (mail) is a major part of the rehabilitative process. Staff now needs to be trained on policies and procedures and the facility should ensure that policy and procedures are being supported.
1. Develop policies and procedures and practices to address this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability. 4. Ensure that residents are allowed to mail letters.(County will pay for
postage)

Evidentiary Basis Document review, observation and interviews

16 Miscellaneous Provisions

Provision 16.1 Miscellaneous Provisions

Male and female residents shall be provided with equal access to educational and rehabilitative services, medical care, and indoor and outdoor recreation.

Status

Beginning Compliance

Discussion

The facility has developed a policy and procedures for this provision. However during my visit, I found that female residents were still assigned to laundry detail. In addition, according to the female residents I interviewed, they rarely participated in outside activities and, when they did, it consisted mostly of sitting on the bleachers because the male residents were using the basketball court and they are not allowed on the

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court while the males were outside using it. If they were allowed to use the court, there is only one basketball goal usable.

Recommendations

1. Develop policies and procedures and practices for this provision. (Executed)
2. Cease in the designation of female residents as being solely responsible for laundry; this is a duty male residents can perform as well as females.
3. Develop monthly recreational schedules. 4. Develop comprehensive facility schedules. 5. Provide training for staff on policies and procedures and document
training. 6. Ensure that there is proper staffing availability to maintain
reliability. 7. Repair court and goal area.

Evidentiary Basis Document review, observation, interviews

Provision 16.2 Miscellaneous Provisions Status Discussion
Recommendations

The parties agree, however, that henceforth: All residents shall have the opportunity to engage in at least one hour of large muscle exercise a day.
Non-Compliance
Based on my interviews with residents and my review of documents and observation, the residents are beginning to spend more time out of their cells during the weekdays. It should be noted that the County has purchased televisions for each unit and according to the residents; there are less fights and arguments on the units when they are out watching television. However, during the weekends, there are no planned programs for them to participate in and they are locked in their cells excessively. The majority of the residents I interviewed advised me that being out of their cells is determined by “what staff is working and if there is enough staff on duty and how staff are feeling”. There must be an organized recreational program in place with schedule to address this, please review introduction.
1. Develop policies and procedures and implement practices to address the needs of this provision.
2. Develop and implement programming and recreational schedules. 3. Provide and document training for staff on policies and procedures. 4. Ensure that there is proper staffing availability so that residents are
not unnecessarily “locked” in their cells.

Evidentiary Basis Document review, observation, interviews

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Provision 16.3 Miscellaneous Provisions

Henley-Young shall implement a policy which prohibits staff from insulting residents or calling them names, and using profanity in the presence of residents

Status

Beginning Compliance

Discussion

The facility has developed a policy and procedures for this provision. During my interviews with residents they still complained about the staff’s use of profanity. Although some residents said that “it’s not as bad as it used to be” another residents explained that “staff respects us as long as we respect them”. Since the policy has been developed for this provision, the facility administration must train staff and ensure staff adheres to the policy. In addition, the facility administration should ensure that there is a constant vigilance that promotes positive language by residents and staff.

Recommendations

1. Develop policies and procedures and practices to address the needs of this provision. (Executed)
2. Provide training to staff in the proper de-escalation techniques of residents.
3. Administration must provide enough supervision to reduce or eliminate insulting behavior by staff.
4. Discipline and retrain staff as needed. 5. Provide training for staff on policies and procedures and document
training. 6. Hire an independent person to investigate allegations of abuse or
complaints regarding staff by residents. (Executed)

Evidentiary Basis Document review, observation and interviews

Provision 16.4 Miscellaneous Provisions
Status
Discussion

Henley-Young shall implement an adequate grievance policy that is accessible to all residents regardless of literacy levels, and that provides residents with the opportunity to appeal facility level determinations. Residents shall obtain the grievance forms from the school liaison.
Beginning Compliance
Based on my interviews with residents and my review of documents, residents do not have confidence in the grievance process. Most residents said they were not aware of the grievance process and some residents advised me that they never filed a grievance. As stated in my previous reports, the mark of a good grievance system is that residents do file grievances. Most juvenile facilities have a resident’s grievance system in place to allow residents to seek a resolution to problems that they may be having while at the facility. Typically, juveniles use the grievance system to attempt to resolve issues they may have with the application of facility rules, concerns about living conditions or food, problems with missing property, conflicts with other residents or staff, or seeking some sort of other assistance. All grievances should be tracked by the grievance

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coordinator to assure that a response is given. The nature, topic or presenting problem should be categorized and tabulated. The grievance coordinator should provide his/her supervisor, the facility director and other key staff, a summary grievance report each month. The report should include, at a minimum, the number of grievances filed, the living units from which the grievances were filed, the nature and final outcome of the grievances. A system should also be established to ensure that grievance resolutions are actually implemented. The grievance system should be viewed as an important tool for staff to communicate with the residents. The system should enhance the regular programming activities and not be viewed as an impediment. The administration should use cumulative data gathered from grievances as a tool to assist in monitoring what is going on within the institution. Such data can indicate where the program is functioning well and where there may be potential problems. In addition, in my review of some grievances, one resident filed a grievance then later retracted the grievance. There must be as part of the grievance process a component that the residents has the ability to retract the grievance and not the staff advising that the residents retract his/her grievance. The facility must now make certain that staff is trained properly and that residents are made fully aware of the grievance process.

Recommendations

1. Place grievance boxes on each unit and school, residents should not be required to request a grievance form.
2. Provide training for staff on policies and procedures and document training.
3. Provide training for residents on policies and procedures and document training.
4. Ensure that residents are adequately familiarized with the grievance process during their orientation into the facility
5. Add a place on the Resident’s Grievance Resolution Report for a resident to request an appeal and place for the Director’s resolution.
6. Ensure Resident’s Grievance Resolution Reports are provided to the resident for their signature and their response to the outcome. If the resident disagrees with the resolution the resident has the right to appeal the decision to the director.
7. Any retractions of grievances should be done by residents and not by staff.

Evidentiary Basis Document review, observation, interviews

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Provision 16.5 Miscellaneous Provisions
Status Discussion
Recommendations

Hinds County denies that Henley-Young does not currently have an adequate policy whereby residents can request to see their attorney and/or Residents Court counselor. The parties agree, however, that henceforth: Henley-Young shall develop and implement an adequate policy that allows residents of all ages and literacy levels with the opportunity to request to see their attorney and/or Residents Court counselor. Residents shall obtain the form requesting a visit from his/her counselor from the school liaison. Henley-Young agrees to collaborate with the Plaintiffs to design and implement a comprehensive juvenile justice pre-service and in-service training program for detention center staff. Training shall include, but is not limited to, the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.
Beginning Compliance
The facility has developed a policy and procedures for this provision. During this visit, many residents complained that they have not had the opportunity to speak with their attorneys. Also, in my review of the records, there was no indication that attorneys had been visiting. However, court counselors were present in the facility and seeing the residents. Additionally, I found no forms for requesting visits from counselors, attorneys or school liaisons. And I found no training on the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.
1. Develop policies and procedures and practices for this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Develop single form and system for incident reporting. 4. Develop system for receiving and mailing privileged and non
privileged mail for residents.

Evidentiary Basis Observation, interviews

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Conclusion This is my fifth official visit to the Henley-Young Juvenile Justice Facility. The facility continues to make incremental (small positive) improvements. During this review one (1) additional provision has moved to beginning compliance (Quality Assurance) however as this provision continues there will be additional development and add-ons needed to this policy. In addition two policies have been updated (recreational & leisure time and the resident orientation). As stated in my introduction, the facility has hired a new director, purchased new video and audio equipment, installed a new schedule for hygiene and begun the development of a new Quality Assurance tool. Based on this review, the facility continues to have provisions that still need addressing (i.e. behavior management, medical, mental health, school etc.). It should be noted that residents continue to be locked down due to inadequate staffing and training. Since the last visit, it is without question the food service has deteriorated. If the food service is bad at some point everything else will go bad. Also, suicide prevention is a major concern. The residents I discussed during my introduction have serious mental health issues and without adequate mental health services, liability becomes more predominate. As it relates to the 89 day program, there is still major development needed if this program is to work. At this point and time the program is no more than a revocation for residents who are not following court sanctions. I must reiterate that adequate staff training and supervision is a must. As stated earlier, the facility maintenance and cleanliness is deteriorating. The mark of a well operated facility is grounded in how well it is maintained and organized. As stated in my introduction the facility is in need of skilled tradesmen as it relates to plumbing, carpentry and electrical. In addition, residents should be a vital part of ensuring that the facility is kept clean. As it relates to food it is a critical component in any rehabilitative process in a juvenile institution. The facility at this junction should continue to develop policies and procedures, train staff and follow the recommendation presented throughout this report.
I would like to again thank the County Administrator and facility staff for their assistance and cooperation. This is a monumental task and they should continue moving forward.
LEONARD B. DIXON
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Attachments A – Response from Henley-Young/Jackson Public School dated May 1, 2013 B - Recommended files for medical, case management and mental health Exhibits 1-7
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Attachment A

Henley-Young Juvenile Justice Center Monitoring Compliance Report September 30, 2013

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Attachment B

Henley-Young Juvenile Justice Center Monitoring Compliance Report September 30, 2013

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Exhibit #1

Henley-Young Juvenile Justice Center Monitoring Compliance Report September 30, 2013

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Exhibit #2
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Exhibit #3-A

Henley-Young Juvenile Justice Center Monitoring Compliance Report September 30, 2013

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Exhibit #3–B
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Exhibit #4
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Exhibit #5-A
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Exhibit #5-B
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Exhibit #5-C

Henley-Young Juvenile Justice Center Monitoring Compliance Report September 30, 2013

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Exhibit #6

Henley-Young Juvenile Justice Center Monitoring Compliance Report September 30, 2013

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Exhibit # 7
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION HONORABLE DANIEL P. JORDAN III, U.S. DISTRICT JUDGE
J.H., ET AL, VS HINDS COUNTY MISSISSIPPI 3:11-CV00327 DPJ-FKB
Monitoring Compliance Report: Report Draft Date June 14, 2013
Report Date July 8, 2013
Submitted by Leonard B. Dixon, MSPA
24420 Crescent Drive Woodhaven, MI 48183
734 642-7412 Email home: lbdixon1@comcast.net Email work: lbdixon4@co.wayne.mi.us

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The Fourth Monitor’s Report Henley-Young Juvenile Justice
Leonard B. Dixon
Background On March, 28, 2012, Hinds County, Mississippi entered into a settlement agreement
ordained and adjudged by Judge Daniel P. Jordan III, for the United States District Court Southern District of Mississippi, Jackson Division, regarding conditions of confinement at the Henley-Young Juvenile Justice Center, located in Jackson, Mississippi. According to the order the settlement agreement and its specifics requirements “shall apply to Henley-Young and any contractor that may provide services to Henley-Young in the future. The term “youth” herein often refers to individuals confined at Henley-Young. “The parties” understand that the requirements contained herein will be implemented without undue delay as soon as practicable. Unless otherwise indicated herein, the parties will collaborate to make all reasonable efforts to ensure that within 90 days of the effective date of the agreement, policies, and procedures consistent with the agreement are drafted, in the process of being implemented, and that all detention staff received training on the requirements. The parties agree and understand that the implementation will be an ongoing process that extends beyond the initial 90 days of the agreement. As part of the settlement agreement the defendant shall contract with Leonard Dixon, within 30 days of the court entry of this settlement agreement to serve as an expert who will be reasonable for documenting the defendant’s compliance with the terms of the agreement and for providing and/or arranging technical assistance and training regarding compliance with this settlement agreement. I will have full and complete access to detained youth, institutional files, medical files, mental health files, education files, video tapes, and youth, staff records and all other information and other reports by staff, grievances, incident reports, and other relevant documents and files maintained by Henley-Young.
All non-public information obtained by the expert shall be kept confidential, except that on a quarterly basis the expert shall file a report with the court documenting the progress of compliance. Neither party, nor any employee or agent of either party, shall have any supervisory authority over the expert’s activities, reports, findings, or recommendations. The expert shall file with the Court and provide the parties with reports describing the Defendant’s steps to implement this Settlement Agreement and evaluate the extent to which the Defendant has complied with each substantive provision of this agreement. Such reports shall be issued quarterly, unless the parties agree otherwise. The reports shall be provided to the parties in draft form for comment at least two (2) weeks prior to their submission to the Court. These reports shall be written with due regard for the privacy interests of individual youth and staff and the interest of the Defendant in protecting against disclosure of non-public information. The expert shall have a budget sufficient to allow him to fulfill the responsibilities described in this Settlement Agreement. Mr. Dixon may consult other experts or consultants retained by either party. All parties shall receive copies of all draft reports from the other experts to Mr. Dixon prior to the issuance of Mr. Dixon’s report, and shall have the option of being present at briefings from such experts to Mr. Dixon and Defendant. Mr. Dixon may initiate and receive ex parte communications with the parties and their respective experts and consultants.
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Recommendations based on findings, observations and interviews Result of visit on May 14-17, 2013
Documentation provided and reviewed Medical Records on youths M. H., S.D., J. R., M.S., K. B. B.R. and O.C. Incident Reports on youths D.W. (2), O.T. (10), W.B. (4), unknown youths labeled “A-Pod”,
D.E. (2), R.McD.(3), D.P., K.Y., O.C., D.B. (3), L.T., J.B.(3), J.T., A.H., L.P., C.T., A.F. (4), G.M., C.H.(6), E.B. (4), K.B., J.R., J.J. (8), W.E., S.A., B.R.(2), Q.L., N.R., E.McN.(2) O.C., and K.C. Court/Detention Case Files on youths J.R., B.R., N.Y., K.B., W.A.S., M.S., J.C., A.F., M.H., O.C., and S.D., HYJJDC School Reporting Document re: Resident Behavior on youths O.C., J. T., A.F. MAYSI on youth B.R.M dated May 7, 2013 Records of current staffing Officer’s Roster Filled and Vacant Care Staff/Positions by assigned units Number of Supervisors by Shifts New Employees Hired List of Employees Resigned/Terminate Menu/School Lunch Program for 4 weeks approved February 20, 2013 Restricted Diet Spreadsheet for week 4 dated February 20, 2013 Diet Information Handbook School schedule Dr. Ginger Smith’s response to monitoring compliance reported dated March 22, 2013 Draft Policies/Procedures Clothing & Bedding Exchange (2) Emergency Release (Over Capacity) Adjustment (signed) Unit Rules & Regulations Direct Care Staff on Units Mechanical Restraints Resident Hygiene Laundry Clean & Sanitary Environment Duties & Responsibility (Kitchen Staff) Suicide Precaution & Prevention Resident Telephone Calls Equal Access Codes of Conduct Youth Counselor & Attorney Visit Request Policy & Procedure (Education) Due Process Reports (8) Grievance Reports from 6 residents Daily Population Sheets from February 1, 2013 to May 2, 2013* *Missing weekend daily population sheets Juvenile Detention Center Logs from February 2013 to May 17, 2013
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Visitation Schedule Logs for February 2013, March 2013 and April 2013 Note: Visitation should be 3 times a week however after reviewing logs in February completed 9 out of 12 and in March and April completed 12 out of 13
Juvenile Telephone Log for August, February 20, 2013, March 18, 2013, March 25, 2013, March 29, 2013, April 8, 2013, April 19, 2013, April 22, 2013, April 26, 2013* Note: After review of telephone logs data does not show that phone calls are allowed on a consistent basis. In addition, there is no indication that youth are allowed to mail letters.
Food Service Standard Operating Procedures Contents Sanitation Juvenile
Food Service Diet Handbook Table of Contents Appendix
Southern Poverty Law Center letter dated April 3, 2013 Southern Poverty Law Center letter dated May 22, 2013 Southern Poverty Law Center letter dated May 30, 2013
Staff Interviewed Dale Knight Director Eddie Lee Burnside Jr., Intake Counselor Aide and Safety and Security Eric Dorsey, Intake Counselor Aide Ginger Smith, PhD, School Director of the Henley-Young Juvenile School (JPS) Evelyn Sullivan, SICU Counselor State of Mississippi Chanda Rhodes, GED Teacher Lashonna D. Fletcher, SICU Counselor Honorable William B. Skinner II, Hinds County Youth Court Judge Timothy Stallworth, Training, Monitoring and House Arrest for the Hinds County Youth Court
Youth Interviewed Youth M.H. 15 years old Youth S.D. 16 years old Youth A.T. 17 years old Youth C.B. 17 years old Youth J.R. 15 years old Youth N.Y. 17 years old Youth W.A.S. 13 years old Youth B.R.M. 17 years old Youth C.T. 17 years old Youth J.Y. 17 years old
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Henley-Young Juvenile Justice Center Monitoring Compliance Report July 8, 2013
Introduction This is my fourth official visit to the Henley-Young Juvenile Justice Center. I visited the facility from May 14, through May 17, 2013 for the purpose of an official inspection. I would like to thank the facility staff, administration and the County for their continued patience and cooperation during my visit. It is very much appreciated.
As my previous reports have explained the facility still has major areas in need of full development. These areas are staffing, mental health, medical, training, education and special education issues, program development, daily scheduling and record keeping, case management and rehabilitation programs to mention a few. As stated in my previous reports the facility is making incremental (small positive) improvement.
As I have discussed in my prior reports the facility is in need of an adequate facility structure. However, since my last report the County has developed an administrative structure or organizational chart that should assist in a more effective way of operating the facility. This foundation should improve administrative functioning as the structure is implemented. The facility now has an operations manager and two quality assurance coordinators additionally the County is now recruiting for a Director who can concentrate on administrative functions. The director’s position is critical to the implementation of the organization’s structure. The new director must have strong administrative and management skills; in addition to a strong foundation in the operations of juvenile correction and detention facilities with experience and an understanding of the standards and practices. It should be noted that although the new structure is being implemented, there will be a need for strong support of the new director from the administration. Based on my review and working with the Hinds County administration, the County Administrator will need to have a position created or assigned to help support and sustain this processed (i.e. Deputy Administrator or Manager) at her level. This position would help support the implementation of the structure being put in place. As this new administrative structure is developed for the facility the County must ensure that there is enough high level support that the new culture being developed is ossified as it relates to the needs of the facility.
Since my last visit the County has moved 19 additional provisions to the beginning compliance stage. During this visit it should be noted that the County has contracted its food service though ABL Management Inc. In my interview with youth at the facility, I found no major complaints. Since this is a new company providing this service I will review its compliance areas at some point in my next visit.
While at the Henley-Young facility I reviewed youth facility files, court files and medical files. My review of facility and court files revealed that they were incomplete:
a. facility files lack proper legal documents, b. photos and finger prints of youth were not in files c. there were no proper court admittance and release forms and d. no incident, grievance or documents that would provide an understanding of the
youths stay at the facility. In addition, there were no case notes to determine any progress or lack of progress the youth may have made during his or her stay at the facility. My review of files also revealed Juvenile Detention Officers have been authorizing and releasing youth without proper court approval
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which has been an accepted way of doing things for an extended period of time. This process appears to be long standing which, according to detention staff dates back to when the courts had jurisdiction over the facility. During my interview with the courts they were not aware that this was occurring. As it relate to court files several files had no authorization for youth to be detained in them (i.e. youth K.B., N.Y., B.R. and M.H.). Although the court advised that authorization to continue to detain these youths was in the computer file, there must be a system in place to ensure that detention and release orders are in the court and detention facility files. There is a lack of communication and processing between the detention facility and juvenile courts. This must be addressed to ensure that there is a constant and accurate flow of information between both intermediates.
My review of the health care files revealed a system of filing that is totally inadequate and in poor condition at best. The files reviewed had youth entering the facility multiple times with the same physical exam sheet used repeatedly with lines drawn through the date. On the same form even though the youth entered the facility on three separate occasions the youth’s history and physical examination were identical to the first with no new information discernible. This was consistent throughout other medical files I reviewed. Also, progress notes did not have patients name, dates of birth; columns for date and time of entry or signatures of who treated the youth. Worst, the youth I interviewed stated that sometimes they are seen by the nurse with other youth present. On one occasion this caused two female residents to engage in a fight because the one girl returned to the unit and told other residents about the other girl’s medical condition. In speaking with the County Administrator they are attempting to address this issue by contracting the medical services. However, in the interim, I would recommend the County work with the University of Mississippi, School of Medicine which could allow medical professionals who are in their training programs to assist the facility with its medical and nursing needs. There is no question that major liability issues are present with the medical care system as it stands presently.
During this visit, I was also invited by the juvenile court judge to observe their drug court program. In drug court programs the court will usually look at the availability of services that will address the youth’s needs. There are also other key areas to the drug court program that involves various entities, the Judge, the family, the prosecutor, the youth’s attorney, the treatment provider, a school representative and a counselor who are all working collaboratively. Although, I only observed one hearing I found the informal nature of the hearing was valuable for the youth and family present at the hearing. The hearing provided a more relaxed atmosphere and lacked the sometimes intimating processes most families experience when in a court setting. If all of the other components and resources are in place then the courts is moving in the right direction with this program.
A review of incident reports at the facility revealed that it is very difficult to determine the level of fights or assaults that occurs in the facility. There was no adequate tracking system of incidents as they occurred. The degree of the violation or the outcomes of the investigation of the incident were not reported. In addition, incident reports do not accurately reflect the incidents that take place. For example, there was one youth that was assaulted by a staff member however the incident report said that the youth fell in the shower. It should be noted that the administration did investigate the incident and terminated the employee, which was the correct decision. In a more recent incident a youth’s arm was bitten by a staff member in a seemingly
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justified restraint situation. However, the report does not indicate how the bite occurred. It appears in this situation, the employee was inadequately trained and failed to use any appropriate training techniques, in addition to reporting how the bite marks occurred. If the officer felt there was no other alternative (but to bite the resident) to regain control of the situation, then this should have been documented in her report. Since the incident was not reported accurately, it stands to reason the officer reverted to primal reflexes to regain control .Two necessary skills for any detention worker are the abilities to observe behaviors accurately and to record them in a clear and concise fashion. The facility must ensure that employees are not only initially trained in proper restraint techniques and proper documentation, but that training is conducted annually. The County is investigating the incident which is good but as stated in my last report the facility has to have one system of incident reporting and review that provides an accurate picture of incidents. They should also have an independent reviewer of incidents of this nature which will protect the youth and staff. The administration is strongly encouraged to collect and monitor data regarding youth-on-youth and staff-on-youth and youth-on-staff violence. Such information is very useful in monitoring the quality of life and is of great assistance in providing for the safety of both youth and staff. The administration should evaluate trends. For example:
 At what time of the day are fights or assaults occurring?  Where are incidents occurring?  Do they happen with a certain staff person?  Are reports reflective of the incidents that occur?
Such information can greatly assist in proactive management of the facility. Although all of the above are important, training is also a major component that must be a part of the solution. It should be noted again that the facility has hired two Quality Assurance coordinators. These two positions should be utilized to help track and address these concerns and with proper direction they will be an extremely valuable tool for henley-young.
Another important area that needs to be addressed is the movement of youth from point to point within the facility which I observed to be somewhat chaotic. On several occasions youth were still left alone in visitation area, classrooms and intake area. The youth (two girls) who were suspended from school for a couple of weeks were placed in the intake cells which are located at the other end of the building. This created a hardship on a facility that lacks adequate staff in the beginning. As a result, staff was running from court, intake, supervising a youth for in GED program who came from outside the facility and also trying to book youth who was being detained. It is pure luck that there have been no major occurrences. A facility cannot run based on luck it must be operated based on good policies and procedures proper staffing and contemporary detention standards.
Training Based on my previous reports I am reiterating that the facility is still in need of an organized training program that holds staff and the facility accountable for their actions and development of the facility’s programs. Accountability-based interventions change juvenile offenders through healthy relationships with healthy adults in healthy environments. Despite the many relatively unchanging characteristics of juvenile confinement, effective staff development and training are dynamic concepts shaped by improved strategies on adult learning, advances in technology, and
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innovations in juvenile justice interventions. To maintain the momentum of quality improvements, it is vitally important that training tools be developed, reviewed, repaired, improved, or replaced on a periodic basis (i e de-escalation and restraint). Again I am recommending the County to contact the National Partnership for Juvenile Services (NPJS) to assist with developing a training plan for Henley-Young. There are fourteen training modules included in the NJDA Detention Careworker Curriculum. The lesson plans range from 2 to 6 hours in length. The intent is for Henley-Young to design their training program–length, content, delivery strategy–to meet the facility’s training needs and time allocation .This was stated in my previous report.
The NJDA Detention Careworker Curriculum–3rd edition is comprised of the following modules:  Anger Management  Basic Health Care and Admissions Screening  Behavior Management  Behavior Observation and Recording  Conflict Resolution  Critical Issues Impacting Juvenile Justice  Cultural Sensitivity  Effective Communication  Juvenile Rights  Leadership  Managing Mentally Ill Youth  Reentry  Safety and Security  Suicide Prevention
This is a reiteration of my recommendations from my previous reports. It should be noted again that training will be a significant part of this process. In my last report I noted that the County Administrator, facility Director, supervisor and officer participated in a national juvenile justice symposium held in Biloxi, Mississippi. I continue to stress the valuable nature of these symposiums, because of the information received and the ability to network with other professionals in the field and how critical they are for professional growth and development. It will also, assist the County in broadening its understanding of juvenile issues and provides the facility staff with a better understanding of juvenile detention in general .The key is for the information received to translated into detention best practices which is a time-consuming course of action.
School As it relates to the school, during my interview with the school principal; she stated that “There is a system problem at Henley-Young. There is no connectivity to school, GED, detention and courts”. “They don’t plan together.” “They have to plan together.” I would agree. I also interviewed the new part-time GED instructor who has worked at the facility for three months and has over six years of GED preparation experience. She stated the following ideas:
A. “need policy and procedure” B. “everyone needs to know what to do”
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C. “the expectations should be written even kids should know them” D. “policy and procedure should be based on standards” E. “everyone should have the tools to do their job” F. “proper staffing is needed” G. “staff should be well trained to deal with this type of population”
These are areas of concern I have discussed in my previous reports. In addition, the school should use small portable classrooms (which can be placed on the grounds of the facility within the security fencing) to help alleviated the congestion for students and teachers who are now forced to teach class in a storage closet, which is not conducive to learning. Again below are my recommendations, from my previous reports and are listed below:
Recommended School Plan: 1. The Henley-Young Facility will create and implement a plan to provide all of the following services and programs within their control related to the aspects of residents’ education: a. maintain an adequate physical facility for education, b. provide adequate security and support in the classroom, c. establish an in-school points system based on rewards and consequences for behavior, d. establish and implement a schedule for transporting residents to and from school that assures that residents will have the opportunity to receive the required hours of educational services mandated by law. 2. Develop policies and procedures for all of the areas discussed above.
Solution/Plan 1. The Henley-Young Facility will make every effort to develop and formalize an interagency agreement between the Jackson Public School System and the HYC that: a. Provides adequate security within the school premises (including classrooms) for all youth including those youth requiring protective services or other special needs. b. Youth requiring protective services or other special needs shall have the same or equivalent educational services as other youth. c. Create an alternative educational plans for youth removed from the classroom for medical or behavioral issues. d. Provides a schedule for transporting residents to and from school that ensures that residents will have the opportunity to receive the hours of educational services mandated by law. e. Outline a cross training curriculum for HYC school employees and detention employees, which include an orientation and a safety curriculum and mandatory annual refreshment training for employees of the school. f. Ensure trainings will provide educational staff with appropriate facility policies that relate to or overlap with the school’s operations to include the policies regarding rules, discipline and the behavior management program. g. Include development of a plan and appropriate materials for various educational levels, to be distributed and explained to youth in the health care unit, in room
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confinement or otherwise unable to participate in normal school classroom activities. h. Ensure the class schedules are driven by the security of the facility and that the school looks toward developing individual learning plans for each student in the school. 2. The Facility Director or designee shall review the circumstances surrounding the placement of all residents who are in isolation or seclusion, or residents who do not attend school for medical reasons and other behavioral maintenance processes to assess the feasibility of an early release to attend school each day. a. A list of the residents that are not allowed to attend school and the reasons for the administrative restriction shall be documented and distributed to the Principal of the HYC School. b. The Facility Director shall designate a liaison to interact with school daily and the JPS Administration should create a position for Compliance Administrator to review the progress of the school on a weekly basis. c. All instances in which school activities are suspended by the facility due to incidents or other extraordinary circumstances shall be reported to the Compliance Administrator within 24 hours.
When the School Principal or designee is having issues, whether of a safety nature or any other problems, they should be reported to the compliance administrator and the facility Director or designee immediately. I am recommending again that the Jackson Public School system (JPS) hire a compliance officer to ensure that the school educational standards are being met.
Below are the compliance ratings that will be used in this report. Please be reminded that though most are in Non-Compliance, policy development is most important and the start of this process. However, as stated above the facility has made progress on some provisions which moved them from Non-Compliance to beginning compliance.
Compliance Code Measurements
Substantial Compliance (SC): Practices follow the county-approved policies, training materials or other documents; practices follow policy with rare exception and exceptions lead to corrective action; trained staff fill all positions and vacancies are filled within 3 months; the County has completed work in an acceptable manner; policies, procedures and practice and training are operational and quality-assurance audited and audit exceptions lead to corrective action; outcomes meet or exceed agreement requirements.
Partial Compliance (PC): Policy and procedure is implemented in some but not all locations or times; staff are hired but not trained; the County is working on implementation but tasks are not completed; system implemented at some but not all locations or times, outcomes meet or exceed agreement requirements some of the time and in certain area.
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Beginning Compliance (BC): Policy and procedure is written by the county but has not been implemented; funding and hiring authority are approved by the County but positions are not filled; training materials prepared and approved by the county but training has not started.
Non-Compliance (NC): No action taken and immediate steps needed to maintain schedule or prevent further delay. A policy may exist, but the policy may need significant revision or modifications and rarely translates into practice.

Compliance Matrix Provision

Intake

1.(1)

All Youth Admitted to Henley-Young

1.(2)

MAYSI-2 Mental Health Screening

1.(3)

Prescription Medications

1.(4)

Meal Compliance

1.(5)

Telephone Usage

1.(6)

Strip Search Policy

1st Report
NC NC NC NC NC NC

2nd Report
NC NC NC NC BC BC

3rd Report
NC NC NC NC BC BC

4th Report
NC NC NC NC BC BC

Provision

Staffing and Overcrowding

2.(1)

Direct Care Staff Ratio

2.(2)

Maximum Capacity Adjustment

2.(3)

One-Person Cell

NC

NC

NC

NC

NC

NC

NC

NC

NC

BC

NC

BC

Provision

Cell Confinement

3.(1)

Structured, Rehabilitative & Educational Programming

NC

NC

3.(2)

Appropriate Access to Living Unit

NC

NC

3.(3)

Dangerous Youth

NC

NC

3.(4)

Isolation

NC

NC

3.(5)

Direct Care Staff on Units

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

BC

Provision

Structured Programming

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4

Educational, Rehabilitative, and/or Recreational Programs NC

NC

NC

NC

Provision

Individualized Treatment Plans/Treatment Program for Post-Disposition Youth

5.(1)

Youth Access to Adequate Rehabilitative Services

NC

NC

5.(2)

Health and/or Substance Abuse Treatment

NC

NC

5.(3)

Treatment Plans

NC

NC

5.(4)

Review of Individual Treatment Plans

NC

NC

5.(5)

Evening And Weekend Programs And Activities

NC

NC

5.(6)

Quality Assurance Program

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

Provision

Disciplinary Practices And Procedures

6.(1)

Implement a Discipline Policy and Practice

6.(2)

Policy for Youth Violations

NC

NC

NC

NC

NC

NC

NC

NC

Provision

Use of Restraints

7.(1)

Mechanical Restraints

NC

BC

7.(2)

Mechanical Restraints Transportation

NC

BC

7.(3)

Misuse of Mechanical Restraints

7.(4)

Mental Health—Use of Mechanical Restraints

NC

BC

NC

NC

7.(5)

No Restraint Chairs, Chemical Restraints and/or Tasers

NC

BC

7.(6)

No Hogtying in Facility

7.(7)

Mechanical Restraints—One-On-One Supervision

NC

BC

NC

NC

7.(8)

Mechanical Restraints—Notice to Medical Professional

NC

NC

7.(9)

No Electronic Restraints

NC

BC

7.(10)

No Firearms in Facility

NC

NC

BC

BC

BC

BC

BC

BC

NC

NC

BC

BC

BC

BC

NC

BC

NC

BC

BC

BC

BC

BC

Provision

Use of Force

8.(1)

No Misuse of Use of Force

8.(2)

Notice to Medical Professional After Use of Force

NC

NC

NC

NC

NC

NC

NC

NC

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Henley-Young Juvenile Justice Center Monitoring Compliance Report July 8, 2013

Provision

Meals and Nutrition

9.(1)

All Meals and Snacks Must Be Nutritional

9.(2)

Comply with Nutrition Guidelines

9.(3)

Provide Drinking Water Throughout the Day

NC

NC

NC

BC

NC

BC

NC

BC

BC

BC

BC

BC

Provision

Clothing

10

Provide Basic Clothing Items

NC

NC

Provision

Hygiene And Sanitation

11.(1)

Provide Appropriate Hygiene Products

NC

NC

11.(2)

Provide Sleeping Mats and Blankets

NC

NC

11.(3)

No Deprivation of Mats and Blankets

NC

NC

11.(4)

Sufficient Sanitary Mats and Blankets

NC

NC

11.(5)

Clean and Sanitary Environment

NC

BC

11.(6)

Fire Safety, Weather Emergencies, Sanitation Practices, Food Safety and Provide Safe Environment

NC

NC

11.(7)

Clean Drinking Glasses and Eating Utensils

NC

NC

Provision

Medical Care

12.(1)

Provide Youth With Adequate Medical Care

NC

NC

12.(2)

Provide Medical Professional When Needed

NC

NC

12.(3)

Implement a Sick Call Policy to Ensure 24 Hr. Services

NC

NC

12.(4)

Prescription Medications Only Dispensed by Medical Staff NC

NC

12.(5)

Provide Medical and Mental Health Services

NC

NC

12.(6)

Proper Monitoring Youth Who Require Individualized Attention

NC

NC

NC

BC

NC

BC

NC

BC

NC

BC

NC

BC

BC

BC

NC

NC

NC

BC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

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Provision

Mental Health Care

13.(1)

Provide Adequate Mental Health Services

NC

NC

13.(2)

Youth and Psychotropic Medications

NC

NC

13.(3)

Within 72 Hours of Admittance Complete an Individual Mental Health Treatment Plans

NC

NC

13.(4)

Implement Policies and Procedures for Referrals

NC

NC

13.(5)

Sufficient Psychiatric Services

NC

NC

13.(6)

Psychiatrist and/or Counselors to Record Review to Ensure Proper Care

NC

NC

Provision

Suicide Prevention

14.(1)

Multi-tiered Suicide Prevention Policy

NC

NC

14.(2)

Evaluate Highest Level of Suicide Watch Every12 hours By Medical Professional

NC

NC

14.(3)

Closely Monitor Suicide Watch Youth During All Activities

NC

NC

14.(4)

Court Shall be Notified Within 24 hours of Any Youth on Suicide Watch

NC

NC

Provision

Family Support and Interaction

15.(1)

Visitation Shall Not be Restricted or Withheld

15.(2)

Provide Accommodations for Contact Visits

15.(3)

Visitation Shall be Regularly Scheduled

15.(4)

Phone Calls Shall be Allowed Based on Policy

NC

NC

NC

NC

NC

NC

NC

NC

Provision

Miscellaneous Provisions

16.(1)

Provide Equal Access To All Services

NC

NC

16.(2)

Provide the Opportunity To Participate In Large Muscle Exercise Every Day

NC

NC

16.(3)

Prohibit The Use Of Profanity In The Presence Of Youth NC

NC

16.(4)

Provide Adequate Grievance Policy

NC

BC

16.(5)

Provide Youth Of All Ages With The Opportunity To See Their Attorney and/or Youth Court Counselor

NC

NC

14

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

BC

NC

BC

NC

BC

NC

BC

BC

BC

BC

BC

BC

BC

NC

BC

NC

BC

NC

NC

BC

BC

BC

BC

NC

BC

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Henley-Young Juvenile Justice Center Monitoring Compliance Report July 8, 2013
The following are my observations and recommendations specific to the provisions of this agreement.

1. Intake Provision1.1 Intake
Status Discussion
Recommendations

All youth admitted to Henley-Young shall receive a health screening, within 1 hour of admission or as soon as possible as reasonably thereafter, by appropriately trained staff as required by Mississippi Code Annotated § 43-21321. Information obtained during the screening shall include, but shall not be limited to, the juvenile’s: (a) Mental health; (b) Suicide risk; (c) Alcohol and other drug use and abuse; (d) Physical health; (e) Aggressive behavior; (f) Family relations; (g) Peer relations; (h) Social skills; (i) Educational status; and (j) Vocational status.” Mississippi Code Ann. § 43-21-321(1). During this screening, Henley-Young shall obtain information regarding the youth’s educational status by having the youth or intake officer complete an education screening form developed and provided by the Jackson Public School District.
Non-Compliance
Based on review, observations and interviews, the facility does not meet the requirements for this provision. The facility is still in the process of developing policies and procedures in addition to ensuring that areas A through J are part of the intake process. As it relates to policy, there has been none presented for review and approval. Also, according to this provision information acquired should be completed by an Intake Officer and educational screening forms developed and provided by the Jackson Public School District. Therefore there is no movement on this provision. Please see recommendations below. These are the same recommendations based on previous report. The provisions remain in non-compliance.
1. Fully develop admitting policies and procedures to reflect provision 2. The court should provide staffing for intake purposes 3. The facility should provide enough staff to fully cover the care and
custody issues in the facility 4. Ensure all staff who admit youth are properly trained 5. Develop training records 6. Provide documentation in a organized way on youth being
screened/admitted (files) 7. Ensure all youth records are available for my review with all areas of
the provisions placed in the youth’s file

Evidentiary Basis Document review, observation, interviews

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Provision 1.2 Intake

All youth shall receive a MAYSI-2 mental health screening upon admission, as required by Mississippi Code Annotated § 43-21-321. The screening will be conducted in private by appropriately trained staff of Henley-Young. If the screening indicates that the youth is in need of emergency medical care or mental health intervention including, but not limited to, major depression, suicidal ideation, withdrawal from drugs or alcohol, or trauma, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation immediately or as soon as reasonably possible.

Status

Non-Compliance

Discussion

The facility is using the MAYSI-2 information for screening. However my evaluation of the processes after the MAYSI-2 has been administered showed that youth that exhibit an immediate need for behavioral modification therapy were not receiving it. I interview a newly admitted youth to the facility. During my interview with B.R.M. I found that his MAYSI-2 screening indicated that he was in need of immediate psychological care. My interview with him showed that he was hearing voices, filled with anxiety and having panic attacks. He was clearly in need of the psychotropic medication he indicated he was taking or some form of medical care. This youth was placed on a unit with without being reviewed by a mental health professional for his suicidal ideations .This was not because the staff did not want to assist the youth; they had no resource (i.e. mental health support). There was no one-on-one supervision for this child who was obviously in a state of mental crisis. This is again an indication of the need for direct access to mental health care at anytime. The research has clearly stated that over 60% of youths entering a juvenile facility have some diagnosis of mental disorder. The facility needs first to answer the following questions below; then follow the recommendations.

A. What are the program objectives for mental health screening?

B. What are the characteristics or common traits the program wants to identify for emergency or follow-up clinical consultation?

C. What MAYSI-2 scores will the facility use as the signal for the program staff to obtain clinical consultation or services?

D. What mental health follow-up services are available when the youth’s MAYSI-2 score indicates that they are needed?

E. In what way will the facility develop a database that creates a profile of mental health needs in the population and program decisions and adjustments needed to improve mental health services for the residents?

Recommendations

1. Develop comprehensive policy and procedures for this provision 2. Develop youth files that are organized and arranged properly 3. Develop training and provide documentation of training

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4. Identify person or person(s) whose responsibility is to score the instrument
5. Provide documentation on who reviews the instrument and note what services are provided for the youth in the facility and what services should continue when the youth leaves the facility
6. Develop process whereby facility staff and court employees develop system for the sharing of information and reviewing of youth files which are centrally located and accessible to detention staff.
Evidentiary Basis Document review, observation, interviews

Provision 1.3 Intake
Status Discussion

Prescription medications will be secured for all youth who have a valid, current prescription within 8 hours of admission, if possible, but in no case, longer than 24 hours after admission, including weekends and holidays. If during a youth’s detention, a medical professional either prescribes a new medication or renews a youth’s previous prescription medication, Henley-Young will secure the prescription medication within 8 hours of receiving the prescription, if possible, but in no case, longer than 24 hours after receiving the new prescription, including weekends and holidays. Henley-Young shall procure and/or purchase all prescription medications prescribed to confined youth.
Non-Compliance
Based on document review, interviews and observations, the facility remains non-complaint with this provision. Therefore, the facility should continue to follow the recommendations below which are the same as in the previous report. The initial intake/admission process is a critical part of youth transition when they are entering the facility. During my review I found that because of the lack of staffing, it was very difficult for staff to really get a firm understanding of youth when they entered the facility. On one occasion during my visit, staff members were pulled from the Master Control area to ensure that a youth was admitted.

Recommendations

Since there is no medical staff on duty after 2 pm during the week or on the weekends, it is very difficult for the facility to meet this provision. In addition, I found no documentation of Henley-Young purchasing prescription medication for youth confined at the facility. While the facility is soliciting a medical provider to carry out medical services to the facility, and a medical provider has not been selected, it still has the responsibility to maintain medical/medication and all other medical needs to the residents. Based on my review of documents and observation, services are not in place and are still not being provided for this provision. Therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.
1. Develop written policy and procedures or protocol for this provision 2. Document staff training on distribution and side effects of medication 3. Provide documentation on efforts to obtain prescription drugs

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Evidentiary Basis Document review, observation, interviews

Provision 1.4 Intake
Status
Discussion

Upon admission to Henley-Young, all youth shall be offered a snack or meal in compliance with the United States Department of Agriculture’s School Meals Program standards.
Non-Compliance
During this visit, my interviews with youth and my observations, all indicate that some youths were being offered snacks or meals upon their admittance to the facility and others indicated that they were not. Because there is no record keeping regarding this provision it is hard to keep track of what is or is not happening As policies and procedures are developed around this provision it should include a way of tracking when and what youth are offered and whether the youth receives or refuses the offering. This can be accomplished by either notations in the log book or a specific form or tablet can be used for this specific purpose.

Recommendations

1. Continue in the development of policies and procedures for this provision.
2. Procedures should be part of intake/admission procedure. 3. Ensure there are snacks or sandwiches available for youth being
admitted between 6 pm and 5 am.

Evidentiary Basis Document review, observation, interviews

Provision 1.5 Intake Status Discussion
Recommendations

Upon admission to Henley-Young, all youth shall be permitted to telephone a parent or legal guardian free of charge and to take a shower before being placed on the pod.
Beginning Compliance
The facility has developed a policy regarding this provision Although the facility does permit youth to make telephone calls to parents and legal guardians without charge, several, youth that I interviewed stated that they were not allowed to take showers prior to being placed on their units. This should be addressed during the implementation of the policy and procedures and the training of staff.
1. Develop a consistent way to document the intake process that shows that a phone call and shower were completed.
2. Develop policy and procedure for this provision.(executed)

Evidentiary Basis Document review, observation, interviews

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Provision 1.6 Intake

Within 60 days of the date of this agreement, Henley-Young shall develop and implement policies that limit strip searches to instances where Henley-Young staff has an articulable suspicion that a youth may possess weapons or contraband. Anytime a strip search is conducted, Henley-Young staff must document, in writing, their suspicion, obtain permission from a supervisor, and conduct the search in a manner that minimizes the intrusion into the youth’s privacy.

Status

Beginning Compliance

Discussion

Again, the facility does have policy and procedures for this provision and during my interview with youth I found no youth who acknowledged there was inappropriate intrusion during the search process upon their admission to the facility. I did review the process, however to become further compliant with this provision there must be documentation of the policy and documentation of staff training on this procedure. Continue to comply with this provision.

Recommendations

Staff must be provided with the necessary training with information stating the trainer, name of the training class/course, time, date and location of training. This documentation should be kept and logged in facility records. I will review this process during my next visit.

Evidentiary Basis Document review, observation, interviews

2 Staffing and Overcrowding

Provision 2.1 Staffing and Overcrowding

Within 90 days of the date of this agreement, Henley-Young shall operate with a direct care staff to youth ratio of 1:8 from the hours of 6:00 a.m. until 10:00 p.m. and a ratio of 1:10 from the hours of 10:00 p.m. to 6:00 a.m.

Status

Non-Compliance

Discussion

The facility has developed and put in place an operational structure which includes an operations manager and two quality assurance coordinators. However, because of turnover the facility still fall short of the required ratio of youth to staff. During this past visit I still found areas where the staff to youth ratio was extremely off. Presently staff members are trying to do so many things at the same time, the facility operations appears frenzied. There were staff members doing intake and watching youth that had been suspended from school. Because of the lack of staff and the many functions going on simultaneously it was impossible to secure anything. For example, there were two girls in the visitation area without supervision. The master control staffer was trying to supervise them and run master control from the booth. There were two youth in the intake area and another youth being brought in by the police and an additional youth that was brought into admitting for the GED preparation classes which are from 8:00 am to 11:00 am. There was only one supervisor trying to control and balance these activities and processes. I expect that if the Henley-Young Justice Center continues to operate in this manner those accidents and mistakes will

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continue too happen and pertinent information will be missed. At this point the facility needs to formalize its shift change process so that pertinent information can be shared between officers who have completed their shift and those who are coming to work. Currently, some staff members stated that they arrived to work a few minutes early so they can read the unit log book or talk with the earlier shift’s staff .However, some officers are prepared to leave the units without any information exchange. This process should be reviewed so that there is a brief overlap where important information about the residents and their activities can be routinely shared. Also, administrators and unit supervisors should routinely make unannounced visits to the facility on weekends and at night to assure that policies and practices are being followed. There should be no particular pattern to these visits. Officers should know through observation that the leadership of the facility may come in without notice. During my observation of the shift change, I found that the staff was preparing to exit the facility even before the new staff had arrived. This should be addressed to ensure that there is proper communications, as I stated above, prior to the changing of the shifts.

Recommendations Units

Day Shift Evening Shift

A officer

3

3

B officer

3

3

C officer

3

3

D officer

3

3

Intake

1

1

Master Control

1

1

Staff for Court

Transportation

2

2

Internal

Transportation

2

2

Laundry

2

2

*Director

1

*Deputy Director

1

*Operation

1

Manager

Supervisors

3

3

26

23

Duty Post Staffing/Adms

Night Shift Total

2

8

2

8

2

8

2

8

1

3

1

3

4

4 4

2

8

12

61

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61 Direct care/supervisor/laundry staffing X 1.5 Relief Factor—Total staff needed to effectively operate the facility—91.5 1 to 8 Awake—2 to 10 Sleep
Misc. post coverage Medical/MH Hospital Runs One on One MH/Medical Visitation *Administration *Maintenance
Evidentiary Basis Document review, observation, interviews

Provision 2.2 Staffing and Overcrowding
Status Discussion

If the staff-to-youth ratio falls below the requirements of section 2.1 for longer than two (2) days, the Director or his assignee shall immediately identify youth accused of nonviolent offenses who are eligible for less restrictive alternatives to secure detention and request an emergency release for eligible youth from the appropriate Youth Court. The maximum capacity of Henley-Young shall be calculated by determining how many direct care staff members can supervise youth in accordance with section 2.1. The current maximum capacity of Henley-Young is 84.
Beginning Compliance
The policy for the release of nonviolent youth in the instance of overcrowding at the facility has been signed by the Court Administrator, the YC Judge and the Executive Director. Procedures have been written; now the facility needs to complete training and documentation of training for implementation.

Recommendations

Provide training to ensure that everyone is aware of the new policy and prepared for implementation should the need arise.

Evidentiary Basis Document review, observation, interviews

Provision 2.3 Staffing and Overcrowding Status Discussion
Recommendations

No more than one youth shall be placed in a one-person cell.
Beginning Compliance As previously stated I found no indication that the facility had more than one youth in a room. The facility has developed policies and procedures for this provision.
1. Develop and provide adequate training for this provision.

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2. All training shall be documented.
Evidentiary Basis Document review, observation

3 Cell Confinement

Provision 3.1 Cell Confinement

Youth shall be engaged in structured, rehabilitative, and educational programming outside of their cells during the hours of 7:00 a.m. to 9:00 p.m. each day, including weekends and holidays.

Status

Non-Compliance

Discussion

The facility still does not have a policy or procedures for this provision. There is no structured programming at the facility. The youth I interviewed stated that “they were allowed out of their rooms based on the number of staff present and if the staff felt like letting them out of their rooms”. As to the school I direct you to read the introduction and I further recommend that the school be fully evaluated. My review of the files showed that there is no case management within the facility as a whole. According to the youth, their basic recreation consists of playing cards and dominoes. They are allowed to go outside but there are no scheduled activities. Other than sitting on the bleachers and playing basketball those who are engaged in that sport, there was nothing for youth to do. There are no positive behavioral management programs within the facility.

Recommendations

1. Develop policies and procedures for this provision. 2. Review the schedules to be sure that they adequately reflect all daily
activities. 3. Develop positive behavior management systems with rewards and
consequences. 4. Remove the dark film from the Plexiglas in towers on unit which
would allow staff to view the unit without there being visual obstruction (when lights on). 5. Develop monthly recreation schedule. 6. See all of the recommendations for school in the introduction.

Evidentiary Basis Document review, observation, interviews

Provision 3.2 Cell Confinement
Status

Except when youth are in protective custody or confined subject to section 3.3 of this Settlement Agreement, youth placed in the Suicide or Booking cells shall be allowed to spend the hours of 7:00 a.m. to 9:00 p.m. on the appropriate living unit and to have the opportunity to engage in structured, rehabilitative, and educational programming, unless medically counterindicated.
Non-Compliance

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Discussion

The facility still has not developed policy and procedures for this provision. During my review, I found that two girls were placed in cells in the booking area because they were suspended from school. If a youth acts out in school there should be a behavioral management process in place to allow the youth to return to school as soon as possible. The school needs to revise any policies they may have regarding suspension of students from a school within a controlled environment. A student cannot be suspended from school in a detention facility therefore the school needs to develop a better behavioral management system. If a youth is removed from school due to behavioral problems that youth should never be placed in the booking area.

The facility still needs to develop data collection tools to use to determine and identify who is placed on units, time, length etc when they are placed out of school. There has been no movement on this provision therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.

Recommendations

1. Follow recommendations as set forth in section 3.1. 2. Develop adequate policies and procedures for this provision. 3. Develop data collection for youth who are placed in protective
custody or confinement. 4. Youth who are removed from school should be placed in a
designated living area.

Evidentiary Basis Document review, observation, interviews

Provision 3.3 Cell Confinement
Status Discussion

Youth who pose an immediate, serious threat of bodily injury to others may be confined in their cells for no longer than 12 hours at a time without administrative approval. Youth who are placed on cell confinement for this reason shall be released from their cells daily to attend school, maintain appropriate personal hygiene and to engage in one hour of large muscle exercise. Staff must perform visual checks on youth who are subject to cell confinement every 15 minutes. Staff must document all instances of cell confinement in writing and must document the justification for determining that a youth poses an immediate, serious threat of bodily injury.
Non-Compliance
During this visit, I did find that the facility has developed a system for procedural due process for facility violations. However, I did not find any indication of 15 minute checks performed while youth were confined to their cells. The facility needs to develop policy and procedures and train staff on the process. I did review the new forms developed and although they are in the beginning stages they are aligned with best practices. Though processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and

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standardized way of running the facility.

Recommendations

1. Develop adequate policies and procedures for this provision. 2. For youth placed in their rooms, develop forms that indicate the time
youth will be in their rooms and post it on their doors. 3. Ensure that supervisors sign off on the form in 15 minute staggered
visual checks when youth are placed in their rooms. 4. Develop a system of major and minor consequences for behavior. 5. Develop form for 15 minute checks and include in policy.

Evidentiary Basis Document review, observation, interviews

Provision 3.4 Cell Confinement Status Discussion
Recommendations

Youth shall not be automatically subjected to cell confinement and/or isolation upon their admission to Henley-Young unless he or she would be subject to cell confinement under section 3.3.
Non-Compliance
As stated in my previous report, the facility is still coordinating this provision with provision 3.3 and policies and procedure are still in developmental stages. Once completed training and documentation will need to be addressed. However, during my visit on several occasions, I observed youth that were placed in their cells and locked down because there was a lack of staff, with no orientation and no freedom to move about the unit. This can only be addressed when there is enough staff. No youth should be gratuitously subject to lock down.
1. Develop adequate policies and procedures for this provision. 2. Ensure all staff is trained and document training. 3. See provision 3.3

Evidentiary Basis Document review, observation

Provision 3.5 Cell Confinement
Status Discussion

At all times between the hours of 7:00 a.m. to 10:00 p.m., at least one direct care staff shall be stationed on any living unit where two or more youth are placed, and direct care staff shall be actively engaged with youth. From 10:00 p.m. to 7:00 a.m., staff shall conduct visual checks on youth every 15 minutes. Henley-Young shall ensure that every cell has an operating intercom that allows youth to communicate with staff at all times.
Beginning Compliance
The facility has developed a policy and procedures regarding this provision. Again due to the lack of staff it is very difficult for the facility to address this provision. Again I found youth were left unsupervised as stated in my

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previous reports and this continues to happen. During this visit youth were left on the unit, visitation and booking area as I stated in my discussion above. On the male units youth were left in the cells without supervision and on a couple of occasions during my visit, youth were out on the units without supervision. This is extremely dangerous because youth who are angry, more impulsive and without supervision have the potential to harm themselves and other youth. This creates a major liability for the facility. On another occasion, youth were on the unit without supervision although one staff was in the tower. There were doors opened on the unit which also allows for serious things to happen between youths. This is a major area of concern and must be addressed. It continues to make me uneasy as it has during my previous visits. Review of documentation and direct observation reveals that staffing continues to be a major problem at Henley-Young. There has been no movement on this provision therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action. Since a policy has been developed this provision will move to beginning compliance.

Recommendations

1. Develop adequate policies and procedures for this provision. 2. Provide adequate staffing. 3. Provide adequate staff supervision.

Evidentiary Basis Document review, observation, interviews

4 Structured Programming

Provision 4 Structured Programming

Henley-Young shall administer a daily program, including weekends and holidays, to provide structured educational, rehabilitative, and/or recreational programs for youth during all hours that youth shall be permitted out of their cells, pursuant to section 3.1. Programming shall include:
a. activities which are varied and appropriate to the ages of the youth;
b. structured and supervised activities which are intended to alleviate idleness and develop concepts of cooperation and sportsmanship; and
c. Supervised small group leisure activities, such as a wide variety of card and table games, arts and crafts, or book club discussions.

Status

Non-Compliance

Discussion

During this visit I observed none of the ascribed activities being provided to the youth. The facility has developed a daily schedule however because of inadequate staffing, the schedule is not followed. During my visit, I observed youth with very little to do except play cards and dominoes. There were no arts and crafts programs and no structure or supervised activities. The facility still needs to develop this provision. There has been no

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movement on this provision therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.

Recommendations

1. Continue to develop adequate policies and procedures for this provision.
2. Provide adequate schedules for weekdays and weekend programming and act on it.
3. Purchase televisions for each unit and board games for each unit.(Executed)
4. Develop an adequate monthly recreation schedule with age appropriate games and programs.

Evidentiary Basis Document review, observation, interviews

5. Individualized Treatment Plans Treatment For Post-Disposition Youth

Provision 5.1 Individualized Treatment Plans Treatment Program for PostDisposition Youth

Henley-Young shall ensure that youth have access to adequate rehabilitative services. Henley-Young shall ensure that children placed in the facility post-disposition will receive constitutionally compliant rehabilitative services.

Status

Non-Compliance

Discussion

As stated in my previous report the facility continues to use the 89-day program without a standardized method of operations. The court has hired a new SIU counselor who has been on board for approximately six months. According to the youth I interviewed, she is well liked. I interviewed the new counselor and found that she specializes in addiction and trauma. This is a good fit for the program and the youth enjoy working with her. However there are still no policies and procedures for the program. The youth I interviewed stated that “in the 89-day program we don’t do anything more than the other kids”; another stated that “in the 89-day program we have people to talk to you on Mondays and Tuesdays. They talk to you about life issues.” According to a third youth I interviewed there were no treatment plans. Based on my interviews with youth and my observations the 89-day program continues to need a methodological way of being presented. Presently there is no therapeutic milieu, no group activities, no behavioral modification programs and no way of producing these services.

Since there is no structured programming outside of individual counseling, the County may want to hire case managers to provide initial and ongoing treatment plans, assess family strengths and weaknesses in various areas i.e. education, psychology, and health; develop treatment plans and remedy problems for youth and family for resident within the facility. Also the case

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manager will identify indicators of goal achievements, specify the person responsible for implementing the resident’s and family’s treatment goals; update treatment plans; and develop discharge plans with recommendations. In addition, the facility needs counselors who are responsible for a youth’s safe adjustment to secure confinement.

Recommendations

1. Develop adequate policy and procedures to meet this provision. 2. Either fund properly or discontinue the 89 day program. 3. Review light weight youth in program (i.e. disturbing the family
peace) and find alternative placement for them. 4. Fund appropriate staffing to develop individualized treatment plans
for youth in 89 day program. 5. Develop and fund alternative community programming for youth in
89 day program that can be serviced in community. 6. Hire 3 case manager who are assigned and work for the facility
director.

Evidentiary Basis Document review, observation, interviews

Provision 5.2 Individualized Treatment Plans Treatment Program for PostDisposition Youth
Status
Discussion

Henley-Young shall ensure that youth in need of mental health and/or substance abuse treatment and/or who are in the facility post disposition shall have appropriate treatment plans developed and implemented in accordance with generally accepted professional standards of practice for mental health and rehabilitative services.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating the action and recommendation from my previous report below. Youth entering the facility pre or post disposition (89-day program) still have no treatment plan as it relates to mental health although some youth are being seen by Hinds Behavioral Health counselors. Once a youth enters the facility and the screening shows evidence and warning signs of suicidal ideations, traumatic experiences, depressed moods, and/or somatic complaints etc. that are indicated by the MAYSI-2, the youth should be evaluated and have a treatment plan developed.
There is no documentation to show that treatment was provided to youth based on identified warning signs; there are no treatment plans available, and there is no mental health staff available to implement the treatment plans. Also, I found no treatment plans for youth that were currently at the facility or post treatment plans for youth leaving Henley -Young. Interviews with staff showed they were very frustrated with the lack of mental health services at the facility. The staff members that I interviewed were very apprehensive and frustrated with the lack of knowledge in handling youth

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with identified mental health problems. This was evident in the case of youth B.R.M. who arrived at Henley-Young on May 16, 2013. In addition, there is no functional system in place to address youth with mental health issues or exhibiting mental health behaviors. Also, youth having problems within the school should at least have an IEP to determine whether they are in need of placement within the special education program over and above any need for mental health services. At this point there is no indication that any mental health services, beyond the MAYSI-2 are being provided other than those services provided by Hinds Behavioral Health which is limited at best. However, I found no documentation of any services provided to youth at Henley-Young(i.e., treatment plans ,screenings or evaluations .etc)

Recommendations

1. Develop adequate policies and procedures for this provision. 2. See recommendations under (5.1).

Evidentiary Basis Document review, observation, interviews

Provision 5.3 Individualized Treatment Plans Treatment Program for PostDisposition Youth
Status

Henley-Young shall implement policies and procedures for the required content of treatment plans, which shall include;
a. That the treatment plan be individualized; b. An identification of the mental and/or behavioral health and/or
rehabilitative issues to be addressed; c. A description of any mental health, medication or medical course
of action to be pursued, including the initiation of psychotropic medication; d. A description of planned activities to monitor the efficacy of any medication of the possibility of side effects; e. A description of any behavioral management plan or strategies to be undertaken; f. A description of any counseling or psychotherapy to be provided; g. A determination of whether the type or level of treatment needed can be provided in the youth’s current placement; and h. A plan for monitoring the course of treatment, and if necessary, for revising the treatment plan. i. A description of the precise terms the of the facility’s long-term and short-term objectives for the youth, the full range of services to be provided, and procedures, and timetables and staff assignments for the implementation of such treatment plan; j. A plan for regularly engaging the family in the youth’s treatment plan; k. A comprehensive re-entry plan that will assist the youth re-enroll in their home school and access medical, mental health, Vocational and rehabilitative services based in the community.
Non-Compliance

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Discussion

The facility still has not developed policy and procedures for this provision. Please see previous report. As stated in provision 5.1, the facility still needs to develop the appropriate program structure with adequate staffing, etc. adequate therapeutic treatment, supervision, education etc. Henley-Young is still in Non-Compliance as it relates to this provision. Because there has been no movement on this provision therefore I am reiterating the actions and recommendations from my previous report below.

Recommendations

1. Develop comprehensive policies and procedures for this provision that includes the contents (A-K).
2. The County/Court shall define the criteria for the program a. It is important that post dispositional programs in other facilities be reviewed. b. Often seeing what is being done in other facilities provides insight into how to develop and operate these programs.
3. Provide dedicated staff to manage program. 4. Provide intensive training to these staff members.
a. Train staff in various treatment modalities i.e. cognition, behavioral modification, modeling, psychotherapy, reality therapy, group therapy and group dynamics and other skills required to successfully facilitate the goals of the 89 day program.
b. Create treatment teams c. Develop case planning and program development d. Assessment of the program to determine if it meets the needs
of the court placed youth. e. Assessment tool to regularly monitor the success or lack of
success of all youth in the program. 5. Provide auxiliary training to all other direct care staff.

Evidentiary Basis Document review, observation, interviews

Provision 5.4 Individualized Treatment Plans Treatment Program for PostDisposition Youth Status
Discussion
Recommendations

Henley-Young shall institute a program of periodic staff reviews every three weeks and evaluations of each youth’s progress under his/her individualized treatment plan and of the appropriateness of the plan itself and Henley-Young’s plan for such review.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating the actions and recommendations from my previous report below. Please see the previous report and provisions 5.1 and 5.3.
1. Develop comprehensive policies and procedures for this provision.

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2. Provide training to all staff. 3. Identify roles and responsibilities of direct care, treatment and
educational staff as it relates to the staffing for 89 day program through policies and procedures and adequate funding and staffing.
Evidentiary Basis Document review, observation, interviews

Provision 5.5 Individualized Treatment Plans Treatment Program for PostDisposition Youth
Status
Discussion

Henley-Young shall develop and implement a program that provides for evening and weekend programs and activities that allow youth to engage in meaningful activities.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating the actions and recommendations from my previous report below. The program of the facility is at a standstill as it relates to this provision. There are very few activities on weekends therefore there is no meaningful programmatic structured/activities except for card playing and dominoes.

Recommendations

1. Develop comprehensive policies and procedures to meet the needs for this provision.
2. Provide adequate staffing for this program. 3. Develop a monthly recreational program with activities. 4. Keep records of activities provided and note those that were not
provided and why. 5. Purchase board games etc. 6. Hire recreational staff.

Evidentiary Basis Document review, observation, interviews

Provision 5.6 Individualized Treatment Plans Treatment Program for PostDisposition Youth
Status
Discussion

Henley-Young shall develop and implement an adequate quality assurance program.
Non-Compliance The facility’s policies and procedures for an individualized treatment program for post disposition youth have not been presented or approved. Therefore, I am reiterating the actions and recommendations from my

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previous report below. The facility still is in need of an adequate Quality Assurance program. Although, the facility has hired two Quality Assurance Coordinators and the facility is developing policies and procedures which are critical for the success of this program none have been presented at this time. It should be noted that the courts must also be involved in the development of the quality assurance program. There must be a system in place to evaluate the 89-day program when youth are assigned to it. In addition, data should be collected and retained to determine if the program is achieving its expected outcomes. It is very difficult to develop an effective treatment program or individualize treatment plans without an adequate review of the processes in place.

Recommendations

1. Develop comprehensive policies and procedures to meet the needs for this provision for the facility, school program and SICU program.
2. Health Care: continuously assess the quality and adequacy of the health services provided, accurately evaluate the performance of staff providing health services and address identified deficiencies.
3. Recreation and Social programs: continuously assess the quality and adequacy of social and recreational programming provided; accurately evaluate the performance of staff in providing these programs.
4. Environmental Health and Safety: continuously assess the quality and adequacy of environmental health and safety, accurately evaluate the performance of staff in providing a safe and healthy environment and properly address identified deficiencies.
5. Discipline and order: continuously monitor use of discipline and promptly address misuse or over use of discipline and other identified deficiencies.
6. The facility will develop monthly performance measures to indicate achievement in the desired area.
7. Review State of Florida Quality Assurance Model and for assistance in developing contact CJCA Performance Based Standard for Juvenile Detention Programs, also use ACA standards to establish policy guidelines.
8. Develop data collection system

Evidentiary Basis Document review, observation, interviews

6 Due Process/Isolation/Disciplinary Practices and Procedures

Provision 6.1 Disciplinary Practices and Procedures

Henley-Young shall implement a discipline policy and practice that incorporates positive behavior interventions and supports. This policy shall include guidelines for imposing graduated sanctions for rule violations and positive incentives for good behavior.

Status

Non-Compliance

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Discussion

This provision is still being worked on. Also, this is a critical component of the disciplinary and behavioral management process to ensure youth are treated fair, humane and that there is no misuse of the isolation and disciplinary process. As stated in my previous report, the facility is implementing a due process behavior system which is partially complete. There is still no positive incentive program for good behavior and sanctions for rule violation. Based on my review of documents and observation, positive behavioral intervention and supports are not in place and are still not being provided for this provision. I reiterate, the suggested actions and recommendations from my previous report. The facility should continue to follow the recommendations from the previous report. The facility is making improvement on the due process isolation and practices procedure. Although processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and standardized method of running the facility.

Recommendations

1. Develop adequate policies and procedures for this provision. 2. Develop new resident handbook. Youth are to receive these handbooks
during orientation. a) They shall include youth rights, major and minor rule violations and
the grievance policy. b) The handbook will explain to youth in their own language the rules
and shall also be explained by staff that will have them sign and date a form indicating that both processes have occurred. c) These rules shall be posted on each unit. 3. Due process rules shall be posted on each unit. 4. Develop positive behavior intervention programs. 5. Assign and train an independent person(s) to handle due process isolation hearings. The person(s) must be independent of the unit staff. 6. Ensure youth who are in isolation are provided recreation and education services.

Evidentiary Basis Document review, observation, interviews

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Provision 6.2 Disciplinary Practices and Procedures

Youth who violate major rules may be subject to cell confinement for up to 24 hours for a single rule violation. An occasion in which a youth is alleged to have contemporaneously violated multiple major rule violations shall count as a single rule violation for the purposes of this section. No youth shall be confined to a cell for longer than 8 hours for a single rule violation without receiving written notification of the alleged rule violation and the occurrence of a disciplinary review/due process hearing before an impartial staff member, which includes participation by the accused youth. Under no circumstances shall youth be subjected to involuntary cell confinement for longer than 24 hours for disciplinary purposes. Youth who are placed on cell confinement shall be released daily from their cells to attend school, maintain appropriate personal hygiene, and to engage in one hour of large muscle exercise.

Status

Non-Compliance

Discussion

Based on my review of documents and observation, adequate disciplinary practices and procedures are not in place and are still not being provided for this provision. I am reiterating that the suggested actions and recommendations from my previous report be put into action.

Recommendations

1. Develop policies and procedures for this provision. 2. Develop sheets to place on door of any youth in confinement that
identifies the reason for confinement and is review and signed by supervisor. 3. Ensure youth in confinement receive education and recreation services. 4. See 6.1 recommendations. 5. Provide training for all staff on these policies and procedures.

Evidentiary Basis Document review, observation, interviews

7 Use of Restraints

Provision 7.1 Use of Restraints Mechanical

Mechanical restraints shall not be used to punish youth or for the convenience of staff. Mechanical restraints shall only be used to prevent self-harm and/or harm to others, subject to section 7.4, and for transportation to and from court, subject to section 7.2.

Status

Beginning Compliance

Discussion

As stated in my previous report. The facility continues to follow the policies and procedures of this provision. To move past beginning compliance, staff needs to be trained and all training documented etc. based on recommendations below.

Recommendations

1. Officers shall receive training on policy and procedures. 2. Officers shall be trained on when it is appropriate to use mechanical
restraints.

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3. All training shall be documented. 4. The policy will require the documentation of any use of mechanical
restraint and use of force incidents.
Evidentiary Basis Document review, observation

Provision 7.2 Use of Restraints Mechanical
Status Discussion

Nothing in this section shall prohibit mechanical restraints from being placed on youth who are being transported to and from court or out of the facility, if staff have reason to believe that a youth presents a flight risk or is an imminent danger to the youth or others, or will engage in violent behavior. However, mechanical restraints should be removed immediately after the youth is placed in a cell and at no time shall a youth be placed in a cell wearing mechanical restraints.
Beginning Compliance
As stated in my previous report. The facility continues at beginning compliance. To move past beginning compliance, staff needs to be trained and all training documented etc. based on recommendations below.

Recommendations

3. Develop and provide adequate training for this provision. 4. All training shall be documented. 5. The policy will require the documentation of any use of
mechanical restraint and use of force incidents. 6. Operationalize the edicts of this provision.

Evidentiary Basis Document review, observation

Provision 7.3 Use of Restraints Status Discussion
Recommendations

Restraints shall not be used to secure youth to a fixed object such as a restraint chair, bed, post, or chair.
Beginning Compliance
As stated in my previous report. The facility continues to be in beginning compliance. I found no indication during my visit or interviews that youth were being secured to fixed objects in the facility. However, to move past beginning compliance the facility needs to follow the recommendations (2, 3 and 4) below.
1. Complete the comprehensive policies and procedures for this provision.
2. Provide training for staff within the facility as described above on this provision and provide documentation of training.
3. Develop and use a mechanical restraint log. 4. Provide training on de-escalation techniques to try to use mechanical
restraints only as a regular part of facility transport.

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Evidentiary Basis Document review

Provision 7.4 Use of Restraints
Status Discussion

No youth shall be restrained for longer than 15 minutes, unless restraints are approved by a mental health professional or if determined to be necessary under section 7.2 or as reasonably necessary to prevent the youth from engaging in acts of self-harm or harm to others. If a youth must be restrained for longer than 15 minutes in order to prevent self-harm, that youth shall, as quickly as possible, be evaluated by a mental health professional or transported to a mental health facility.
Non-Compliance
As stated in my previous report, a policy and procedures need to be developed, training etc. as it relates to this provision. There has been no movement on this provision therefore I am reiterating that the suggested actions and recommendations from my previous report be placed into action. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area. This provision should be included in policy and procedure development once a mental health professional or agency is retained.

Recommendations

1. Develop comprehensive policy and procedures for this provision. 2. Provide training for staff on policy and procedures and document
training. 3. Provide training on de-escalation techniques. 4. Develop Mental Health protocols for this provision. 5. Hire mental health professional or agency.

Evidentiary Basis Document review

Provision 7.5

Henley-Young shall not use, or allow on the premises, restraint chairs,

Use of Restraints chemical restraints and/or tasers.

Status Discussion

Beginning Compliance
Based on my most recent visit and my review of documents, I found no indications that restraint chairs, chemical restraints or tasers have been used at the facility. See recommendations below.

Recommendations

1. Provide training for staff on policies. 2. Document all training provided to all staff. 3. Retrain staff when deemed necessary.

Evidentiary Basis Document review, video

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Provision 7.6 Use of Restraints

Henley-Young shall not subject youth to “hogtying,” which is the practice of placing a youth face down on a bed, floor, or other surface, and securing the youth’s hands to his feet.

Status

Beginning Compliance

Discussion

Based on my most recent visit and my review of documents, I still find no indication that the facility is violating this provision. The facility does have a policy and procedures developed however there is still a need for training of staff and documentation of all training. See recommendations below.

Recommendations

1. Provide training for staff on policies 2. Document all training provided to all staff.

Evidentiary Basis Document review

Provision 7.7 Use of Restraints Status Discussion
Recommendations

When a youth is placed in mechanical restraints, staff must provide one-onone supervision for the duration of the restraint, except when mechanical restraints are deemed to be necessary for the reasons specified in section 7.2.
Beginning Compliance
Based on my most recent visit and my review of documents, the facility has developed a policy and procedures for this provision. However, there is still a need for training of staff and documentation of all training. In addition, any youth placed in mechanical restraints should be seen by a medical professional as soon as possible to assess if there are any injuries.
1. Provide training for staff on policies and procedures. 2. Document all training provided to all staff. 3. Ensure that youth who are placed in mechanical restraints are seen
by a medical professional.

Evidentiary Basis Document review

Provision 7.8 Use of Restraints
Status Discussion

Henley-Young shall notify a medical professional whenever a youth is placed in mechanical restraints for reasons other than those specified in section 7.2. A medical professional shall examine the youth as soon as possible after restraints are removed, except when the youth was restrained for the reasons specified in section 7.2.
Beginning Compliance
The facility has developed policies and procedures for this provision. During my review of documents and my interviews with youths and staff, I found no indication that a medical examination is being completed after mechanical restraints are used. In my review of several incident reports in which restraints were used on youth J.J. on April 6, 2013 there was no
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indication that the youth was transported or seen by a medical professional. In addition, in my review of this incident another report showed that shackles were also used on this youth. Therefore I am reiterating that although policies and procedures are developed, there must be adequate training and instruction to ensure that staff complies with policy and procedure. In addition, incident reports must be reviewed by the supervisors to ensure that accurate information is being provided. There is a strong need for accurate and consistent reporting of incidents. When incidents are not reported correctly, the integrity of the reporting system falls into question. This is also a training issue.

Recommendations

1. Develop comprehensive policies and procedures for this provision.(Executed)
2. Provide training on policies and procedures. 3. Document all training provided to all staff. 4. Ensure that youth who are placed in mechanical restraints are seen
by a medical professional. 5. Ensure that information being reported is accurate and consistent.

Evidentiary Basis Document review

Provision 7.9 Use of Restraints Status Discussion
Recommendations

Hinds County does not currently and shall not in the future allow officers to enter the secure detention area of the facility with any electronic restraints, including, but not limited to, tasers.
Beginning Compliance
During my recent visit and review of documents, I found no indication that any electronic restraints i.e. tasers had been used. However, there is still a need for training of staff and documentation of all training.
1. Provide training for staff on policy. 2. Document all training provided to all staff.

Evidentiary Basis Document review

Provision 7.10 Use of Restraints Status Discussion
Recommendations

Henley-Young is required to ensure that no officer enters the secure detention area of the facility with a firearm.
Beginning Compliance
The facility has developed policy and procedures for this provision. However, there is still a need for training of staff and documentation of all training.
1. Provide training for staff on these policies and procedures. 2. Document all training provided to all staff. 3. Have signs displayed at all entrances.

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Evidentiary Basis Observation

8 Use of Force

Provision 8.1 Use of Force

Physical force shall not be used to punish youth. Staff shall only use physical force to stop youth from causing serious physical injury to self or others or to prevent an escape. If physical force is necessary, staff must use the minimum amount required to safely contain the youth. Whenever possible, staff shall avoid the use of force by first attempting verbal deescalation techniques. Staff shall be required to fully document in writing every instance of use of force.

Status

Non-Compliance

Discussion

Based on my review of documents, the facility still needs to develop policies and procedures for this provision. In my review of incident reports, I found that there have been incidents of use of force. However I found no indication that any de-escalation techniques were used. Although staff are doing reports, they are not accurately recording information. When staff are captioning information, it should be truthful, accurate and detailed enough so they can testify on their observations 2 years from now if needed. It appears from reviewing the documents, that there is a major need for deescalation and proper restraint training and accurate documentation of incidents. In addition, reports must be legible, in plain English, and specific behavioral terms should be used. Regardless of how accurate and useful an observation may be, it has no value to others unless it is recorded legibly. Police and other juvenile detention facilities have addressed the legibility problem by typing their reports. Most agencies are completely computerized, and some are experimenting with lap top computers. Computerized records may eliminate legibility problems for this facility. Some reports are still written in flowing scrip (cursive) and on various forms .There should be one facility wide form used to capture information. This has been stated in my previous reports. In addition, there is a major need for data collection as it relates to use of force. This was also stated in my previous reports. Good data will assist the facility in determining, answers to some of the following examples:
A. The location of use of force B. The number of use of force incidents C. The number of use of force requiring mechanical
restraints D. The type of restraint used E. The number of incidents requiring chemical agents F. The number of incidents involving non lethal
security devices (i.e. batons, tasers, etc.) G. The number of use of force incidents resulting in
injury to youth or staff H. Plan of action to address each incident (i.e.

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disciplinary action, staff training or remedial training, youth isolation, youth behavior management, youth mental health screening or evaluation etc.) Please review my previous report.

Recommendations

1. Develop policy and procedures for this provision. 2. Provide training for on policies and procedures 3. Document all training provided to all staff. 4. Adapt an appropriate curriculum for training staff on the use of
verbal de-escalation skill and safe use of physical restraints or mechanical restraints. 5. Contact the National Partnership for Juvenile Justice for recommendations on training program in this area. 6. Document and file report when there is use of force. 7. Ensure any time use of force is used youth are seen by a medical professional

Evidentiary Basis Document review, interviews

Provision 8.2 Use of Force Status Discussion
Recommendations

Henley-Young shall notify a medical professional, including but not limited to the licensed practical nurse on duty whenever physical force is used against a resident. A medical professional shall examine a youth immediately after the use of physical force.
Non-Compliance
Based on my most recent visit this provision is still non-compliant derived from documentation review, observations, and interviews. Based on my review of documents and observation, Henley-young shall notify a medical professional, including but not limited to the licensed practical nurse on duty whenever physical force is used against a resident. A medical professional shall examine a youth immediately after the use of physical force is not in place and is still not being provided for this provision. I am reiterating the actions and recommendations from my previous report are reviewed and followed. It is also important that appropriate staff be put in place to man the facility 24/7. In my interview with the facility director and the county administrator, they explained that they are working on procuring a contract for medical services to meet the demands of this provision, which will provide the necessary bodies and services to the facility. Once the contract is implemented the County should ensure that policies and procedures are developed that meet the medical standards and needs of the residents in the facility.
1. Complete procurement of services as quickly as possible. 2. Develop comprehensive policies and procedures for this provision. 3. Provide training to staff on policies and procedures.

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4. Document all training provided to all staff. 5. Review nursing schedule and provide more hours at facility. 6. Provide written documentation of examination of youth by medical
professional in every instance. 7. Provide additional medical services after hours and on weekends. 8. Document and file in youth records when there is use of force.
Evidentiary Basis Document review, observation

9 Meals and Nutrition

Provision 9.1 Meals and Nutrition

Youth shall be provided three meals and a snack daily. If a youth misses a meal because he or she is attending court, or some other appointment, he or she shall receive the missed meal upon his or her return to detention.

Status

Beginning Compliance

Discussion

This provision has moved to beginning compliance. The county has hired ABL Management Incorporated as the new food service vendor for the facility. I have reviewed their manuals and upon my next visit will review reports and inspection checklist. Also during my next visit, I would like to review training and policy and procedures records. I did interview youth and found no major complaints regarding food, with the exception they wanted more.

Recommendations

1. Review portions to ensure youth receive enough food during meals. 2. Develop policy and procedures for this provision.(executed) 3. Provide training for kitchen staff and all other staff members
involved with handling food and preparing meals.

Evidentiary Basis Document review, observation, interviews

Provision 9.2 Meals and Nutrition Status
Discussion

All meals and snacks served to youth at Henley-Young shall, at a minimum, comply with the nutrition guidelines set forth in the United States Department of Agriculture’s School Meals Program standards.
Beginning Compliance
The county has hired ABL Management Incorporated as the new food service vendor for the facility. I have reviewed their manuals and upon my next visit will review reports and inspection checklist. Also during my next visit, I will review training and policy and procedures records. I did interviewed youth and found no major complaints.

Recommendations

1. Develop policy and procedures for this provision(executed) 2. Provide training for kitchen staff and all other staff members involved
with handling food and preparing meals.

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Evidentiary Basis Document review, observation, interviews

Provision 9.3 Meals and Nutrition Status
Discussion

Youth shall be provided access to drinking water throughout the day.
Beginning Compliance
The facility has not replaced the non-functioning water fountains, therefore, I am reiterating the actions and recommendations from my previous report that shall be reviewed and followed. I have reviewed documents which show the County has conducted an environmental test on the water system and concluded it is safe. The water is still available to the residents through the Igloo coolers that have been purchased and this provision remains at beginning compliance based on my last report. It should be noted that youth continue to complain of not being allowed to have water after outdoor recreation and during school.

Recommendations

1. Contact County or State Environmental office to conduct test on water system. (executed)
2. Ensure youth receive water during school and recreational periods and at night.
3. Develop a policy for incidents regarding water quality and procedures to address them.
4. Repair inoperable drinking fountains.

Evidentiary Basis Document review, observation, interviews

10 Clothing

Provision 10 Clothing

Henley-Young shall provide basic clothing items for youth at all times. These items must include, at a minimum, socks, underwear, uniform, shoes, and undershirts. For girls, these items must also include a brassiere. When appropriate, Henley-Young shall also provide youth with a coat, hat, and gloves. Youth must be provided with a clean uniform, socks, undershirt, underwear, and brassiere, if applicable, upon intake and at least once per day. No youth shall be deprived of these basic clothing items for any reason, including, but not limited to, as a punishment, because these items are being washed, or due to overcrowding.

Status

Beginning Compliance

Discussion

Although, the facility has developed a policy and procedures for this provision, my discussion with the youth and my observations present a concern. The youth continued to complain that their clothes still have stains on them and the socks have holes. As I stated in my previous report, the facility must develop a system for discarding (torn or wear worn) clothing. I

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also recommended in my last report that clothing be prewashed which would loosen the soil in the clothing in particular white clothing (i.e. undergarments). Again, there has to be a system for replacing clothing on a regular and consistent basis. The developed policy and procedures that I mentioned above should address some of these issues. I am also recommending as in my previous report, that the facility dedicate laundry staff which will assist in the policy being implemented properly.

Recommendation

1. Check washer and dryer to ensure they are working properly. 2. Ensure that girls and boys are equally involved in cleaning and
folding clothes. 3. Hire 2 laundry staff to ensure clothing is handled properly. 4. Ensure that all staff and youth wear protective material (smocks and
gloves) when handling chemicals and clothing. 5. Discard clothing that is torn, dingy and in poor condition. 6. Develop a system for replacing clothing on a regular and consistent
basis. 7. Develop schedule for distribution. 8. Develop a system for prewashing clothing (i.e. undergarments etc.)

Evidentiary Basis Document review, observation, interviews, photographs

11 Hygiene and Sanitation

Provision 11.1 Hygiene and Sanitation

Youth shall be provided with the means to maintain appropriate hygiene, including soap and shampoo for showers, which will occur at least once daily, soap for washing hands after each time the youth uses the toilet, and toothpaste and a toothbrush for tooth brushing, which will occur at least twice daily, a comb and brush, that if shared, shall be sterilized between uses by youth. Girls must be provided with panty liners on a daily basis and other feminine products as needed. Youth will be issued a comb and brush upon entering the facility; however, if youth are issued a recycled comb or brush or a comb or brush that has been used by another youth, HenleyYoung shall ensure that the comb and brush is sterilized and in good condition.

Status

Beginning Compliance

Discussion

Since my last visit, the facility has moved to beginning compliance with this provision. The facility now needs to provide training and ensure that the process outlined in the policy and procedures is followed. During this visit, youth still complained that they were using each other’s deodorant and soap. Also, youth complained that other residents were using items from their hygiene kits. These areas should be addressed as soon as possible and the recommendations below are based on my previous report.

Recommendations

1. Ensure that hygiene kits are properly labeled and youth are not sharing each other’s hygiene products or items.

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2. Ensure items such as hair brushes, if shared, are sterilized and in good condition.
3. Provide training for staff on these policies and procedures. 4. Ensure that clean face towels are available for youth. 5. Develop a schedule for distribution of hygiene kits.
Evidentiary Basis Document review, observation, interviews

Provision 11.2 Hygiene and Sanitation

Youth shall be provided with sleeping mats and blankets that are clean and odorless sleeping mats shall be sanitized between uses by youth, and youth shall receive clean blankets weekly.

Status Discussion
Recommendations

Beginning Compliance
Policies and procedures have been developed. The facility now needs to provide training to ensure that the process outlined in the policies and procedures is followed. During this visit, I did find blankets that needed discarding and others that needed to be cleaned. The facility needs now to follow the recommendation below.
1. Discard all blankets and mattresses that are tattered and have holes in them.
2. Clean and maintain laundry area in orderly fashion. 3. Develop forms or system of documentation for distribution and
inventory 4. Label and designate an area for towels, sheets, clothing etc.

Evidentiary Basis Document review, observation

Provision 11.3 Hygiene and Sanitation Status Discussion
Recommendations

Under no circumstances shall youth be deprived of mats and blankets.
Beginning Compliance
The facility has moved to beginning compliance for this provision. Now there needs be training to ensure that the process outlined in the policy and procedures is followed. During my interviews with youth, I found no indication that youth were being deprived of mats and blankets.
1. Provide training to staff on policy and procedures. 2.Develop system for inventory and distribution

Evidence

Observation, interviews and document review

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Provision 11.4 Hygiene and Sanitation

Henley-Young shall maintain a sufficient number of clean, sanitary mats and blankets that correspond with the facility’s maximum capacity.

Status

Beginning Compliance

Discussion

The facility has moved to beginning compliance for this provision. The facility now needs to provide training to ensure that the process outlined in the policy and procedures is followed. During my interviews with youth, I found no indication that youth were being deprived of mats and blankets.

Recommendations

1. Develop policies and procedures for this provision. (executed) 2. Provide training to staff on policy and procedure. 3. Provide an inventory of mats and blankets.

Evidentiary Basis Observation, interviews and document review

Provision 11.5 Hygiene and Sanitation
Status

Youth shall be provided with a clean, sanitary environment. Beginning Compliance

Discussion Recommendations

As stated in my previous report, the facility continues to make environmental improvement in the physical plant. The facility is much cleaner and does not have the stark look of an institutional place; Moreover, it has become more aesthetically pleasing. However the facility still needs to follow the recommendation below. There has been some movement on this provision however I am still reiterating the recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures for this provision. (executed) 2. See areas in discussion that should be addressed. 3. Develop housekeeping and cleaning schedule. 4. Develop checklist or inspection report for each unit and area of
building. 5. Develop work order system to ensure that when problem arise they
are addressed. 6. Develop corrective action plans as needed. 7. Provide training for staff on policy and procedures. 8. Ensure delivered food items are dated and rotated from old to new.

Evidentiary Basis Document review, observation, interviews

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Provision 11.6 Hygiene and Sanitation
Status
Discussion

Hinds County shall ensure that Henley-Young complies with relevant law regarding fire safety, weather emergencies, sanitation practices, food safety, and the elimination and management of environmental toxins.
Non-Compliance
Based on my review of documents and observation, policies and procedures are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report be reviewed and followed.

Recommendations

1. Develop policies and procedures and plans for fire safety, evacuation etc.
2. Develop adequate staff training regarding fire safety. 3. Properly maintain and repair fire equipment. 4. Ensure intercom systems are operating properly. 5. Ensure all mattresses used by youth are fire resistant. 6. Routinely test all fire equipment and system. 7. Ensure that all electrical outlets, wires and equipment (lights) are
properly working. 8. Develop work order system to ensure items are repaired. 9. Ensure that all areas in this provision are addressed by a certified
professional.

Evidentiary Basis Document review, observation

Provision 11.7 Hygiene and Sanitation Status Discussion
Recommendations

Youth shall be provided with clean drinking glasses and eating utensils.
Beginning Compliance The facility has moved to beginning compliance for this provision. During my visit to the facility, I did not find and did not receive any reports of unclean drinking glasses or eating utensils. Please see provision 9.3.
1. Develop policies and procedures for this provision. (executed) 2. See provision 9.3.

Evidentiary Basis Document review, observation and interviews

12 Medical Care

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Provision 12.1 Medical Care

The parties agree, however, that henceforth, Henley-Young shall provide youth with adequate medical care, including: prompt screenings; a full physical exam within 72 hours after their detention hearing or disposition order, as applicable; access to medical professionals and/or prescription medications when needed; and prompt transportation to a local hospital in the case of a medical emergency. Hinds County is responsible for procuring and/or paying for all medications provided to residents.

Status

Non-Compliance

Discussion

During this visit, I reviewed medical files. The documents reviewed are in poor condition at best. Multiple dates are scratched outs on a single page. It is not known if the health assessment data listed is current because of the redating of the document. There is no indication next to the questions as to whether to the answers were asked on the document is of a current admission or from previous ones. A new history and physical examination should be completed with each admission and maintained in one file in chronological order by date of admission (most current information first). The current documentation, poses a great liability to the County and risk of medical error for the youth. As it relates to documentation, there were multiply entries that had dates but no times, lack of signatures of medical personnel. Some of the documents reviewed had no indication of the youth’s name, date of birth or admission date including the year. Other documents reviewed did not include the year in which the youth were seen. Each youth should have a separate medical file. However during my review of documents I found files that had multiple names with some scratched through and others with different youth names on both sides of tab. These are serious issues that must be addressed immediately. As stated in my introduction, the County should develop a connection with the University of Mississippi Medical Center and schools of nursing in the community. This is a viable option that other communities around the country are utilizing to assist the medical department with its lack of staff. These schools provide an excellent training ground for medical professionals. The County is soliciting proposals for medical providers to provide medical care for the youth. However, no contract has been signed. The County has the responsibility to maintain medical care and provide medication and all other needs for residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed .The County must look at the medical filling system in place at this point and change it to meet contemporary medical standards.

Recommendations

1. Develop policies and procedures for this provision. 2. Develop policies and procedures and protocols based on standards
for Health Services in Juvenile Detention and Confinement facilities. 3. Provide training for staff members who administer medication to youth on proper usage and possible side effects. Also, train the staff on emergency protocols if side effects occur.

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4. Have a licensed medical professional review and sign off on policy and procedures.
5. Have a licensed health professional periodically review and provide supervision to the nurse at facility.
6. Develop forms to coincide with provision. 7. Remove medication from bags and place them in secure, organized
areas and develop forms to determine what medications are present in the facility at all times. 8. Hire or have on contract a physician to review medical area. 9. Ensure that youth receive vision exams, dental screenings, mental health screenings, hearing tests, etc. 10. Order folders with 2 dividers, end tab, classification folders in letter size with 2 prongs for medical charts.
Evidentiary Basis Document review, observation, interviews

Provision 12.2 Medical Care Status Discussion
Recommendations

Henley-Young shall ensure that a medical professional is available to examine youth confined at the facility to identify and treat medical needs, when necessary.
Non-Compliance
Based on my review of documents and observation, the provision states, “Henley-Young shall ensure that a medical professional is available to examine youth confined at the facility to identify and treat medical needs, when necessary”, is not in place and is still not being provided for this provision. The County is soliciting proposals for medical providers to provide medical care for the youth. However, no contract has been signed. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Hire qualified medical professional for nights and weekend care. 2. Develop policies and procedures for this provision. 3. Provide training for staff on this provision.

Evidentiary Basis Document review, observation, interviews

Provision 12.3 Medical Care
Status

Henley-Young shall implement its sick call policy and practice which ensures that confined youth who request non-emergency medical attention are examined by a medical professional within 24 hours of a youth placing him or herself on sick call, excepting weekends and holidays.
Non-Compliance

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Discussion

Based on my review of documents and observation, services are not in place and are still not being provided for this provision. The county is soliciting proposals for medical providers to provide medical care for the youth. However, no contract has been signed. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.

Recommendations

1. Develop policies and procedures for this provision. 2. Place a kite box on each unit. 3. Provide training for staff on this provision. 4. Nurse or designated person, making daily rounds to retrieve kites
(Request for Medical Service Forms).

Evidentiary Basis Document review, observation, interviews

Provision 12.4 Medical Care Status Discussion
Recommendations

Prescription medications shall only be distributed by licensed medical staff or Henley-Young staff who has been trained by licensed medical personnel.
Non-Compliance
Based on my review of documents and observation, the provision states that “prescription medications shall only be distributed by licensed medical staff or Henley-Young staff who has been trained by licensed medical personnel”, is not in place and is still not being provided for this provision. The County is soliciting proposals for medical providers to provide medical care for the youth. However, no contract has been signed. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures to address this provision. 2. These policies and procedures must include the appointment of a
medication administration protocol. 3. There must be a medication record of all medicines administered.
a. One record to reflect all medicines leaving the pharmacy; b. An additional record kept in each youth’s case file. 4. Ensure that the training is comprehensive make certain that all medical contingencies are considered. 5. The staff should be trained on what side effects to look for drugs commonly prescribed to youth with mental health needs. 6. Provide training to staff on the policy and procedures for this provision. 7. All training should be documented and conducted annually.

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Evidentiary Basis Document review, observation, interviews

Provision 12.5 Medical Care Status Discussion
Recommendations

Medical and mental health services shall be provided in a manner that ensures the confidentiality of youth’s health information.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. The County is soliciting proposals for medical providers to provide medical care for the youth. However, no contract has been signed. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures to address this provision. 2. Get HIPAA requirements and institute them the facility. 3. Designate the persons who have access to the youth’s medical
records within the facility and outside of the facility, but within the juvenile justice system. 4. Provide training to staff on policies and procedures. 5. Provide training to staff on HIPAA requirements, and document training. 6. Designate a HIPPA Privacy Officer.

Evidentiary Basis Document review, observation, interviews

Provision 12.6 Medical Care Status Discussion
Recommendations

Henley-Young shall develop procedures for monitoring youth who require individualized attention because of medical issues that do not involve requiring the youth to sleep on a mat in the visitation room.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. The County is soliciting proposals for medical providers to provide medical care for the youth. However, no contract has been signed. The facility still has the responsibility of maintaining medical care and medication for all of the health needs of the residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures to address this provision. 2. Develop processes of continuous monitoring youth with stable
medical issues, i.e. the care for a diabetic youth who are on an insulin regiment.

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a. What are the medical requirements of the youth who need monitoring?
b. Who is responsible for the monitoring? c. How are the records kept of the monitoring? 3. Provide training to staff on the policies and procedures for this provision. 4. Annual competency training.
Evidentiary Basis Document review, observation

13 Mental Health Care

Provision 13.1 Mental Health Care

Henley-Young’s contractor, Hinds Behavioral Health Services, shall provide adequate mental health services to all confined youth with a mental health diagnosis or serious mental health need, as indicated by the MAYSI2. This shall include, but is not limited to, the provision of individual and group counseling sessions upon the request of a youth or the youth’s parent/guardian, access to a mental health professional at the detention center, and the distribution and medical monitoring of psychotropic medications by a medical professional.

Status

Non-Compliance

Discussion

Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. It is without question that there are youth entering this facility that need access to structured mental health services (i.e. youth B.R.M. and youth R.S.). There are still inadequate mental health services at this facility. Generally accepted professional standards require that mental health counseling be provided frequently and consistently enough to provide meaningful intervention for youth. At Henley-Young mental health counseling is inadequate to the needs of mentally ill youth in both frequency and content. My review of records reveals no evidence of any counseling or use of any treatment plans or strategies. It should be noted that treatment planning, including identifying symptoms and behaviors is a critical part of effective treatment for youth with mental health illness or problems. An effective program should communicate treatment plans for mentally ill youth to all staff involved in the management of the youth in this detention facility and services should be coordinated prior to their implementation. Although some youth who are in need of mental health services are in the 89-day program and are assigned case managers, these individuals have no mental health training and they serve primarily as liaisons between the facility and the courts rather than focusing on coordinating care at the facility for mentally ill youth.

Recommendations

1. Ensure that the facility has a Standardized Assessment Tool i.e. the MAYSI-2 to use during the intake process.

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2. Develop policies and procedures to address this provision. 3. Provide training to staff on policies and procedures and provide
documentation of training. 4. Develop documentation that will track youth’s progress during their
stay at facility. 5. Ensure there is communication between Hines Behavioral Health
Services, Juvenile Court Case Managers and Facility Staff on youth receiving mental health services.
Evidentiary Basis Document review, observation, interviews

Provision 13.2 Mental Health Care
Status
Discussion

Youth who are confined for longer than thirty (30) continuous days and who are prescribed psychotropic medications, shall be evaluated by a psychiatrist every thirty (30) days. Such evaluations may be performed by and through employees of Hinds Behavioral Health.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.

Recommendations

1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures.

Evidentiary Basis Document review, observation, interviews

Provision 13.3 Mental Health Care
Status Discussion
Recommendations

Within 72 hours of a youth’s admission to the facility, staff shall develop individual mental health treatment plans for youth who are under the care of a mental health provider. Treatment plans shall emphasize continuity of care and shall ensure that whenever possible, youth are transported to appointments with their regular mental health provider, whether the appointments are standing or made after the youth’s initial detention.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures. 3. Policies and procedures shall be reviewed and signed by a licensed
mental health professional (psychiatrist, etc.).

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Evidentiary Basis Document review, observation, interviews

Provision 13.4 Mental Health Care Status Discussion
Recommendations

Henley-Young shall develop and implement policies and procedures for referring youth in need of psychiatric services to a licensed psychiatrist for a timely mental health evaluation. Such services may be provided by and through employees of Hinds Behavioral Health.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures to address this provision. 2. Provide and document training to staff on policies and procedures.

Evidentiary Basis Document review, observation, interviews

Provision 13.5 Mental Health Care
Status Discussion
Recommendations

Hinds County shall employ or contract for sufficient psychiatric services to permit a psychiatrist to fulfill the following functions:
a. conduct needed psychiatric evaluations prior to placing youth on psychotropic medications;
b. Monitor, as appropriate, the efficacy and side effects of psychotropic medications;
c. Participate in treatment team meetings for youth under the psychiatrist’s care;
d. Provide individual counseling and psychotherapy when needed; e. Evaluate and treat in a timely manner all youth referred as
possibly being in need of psychiatric services; and f. Provide adequate documentation of treatment. g. All evaluations and services outlined above may be performed
and/or provided by and through employees of Hinds Behavioral Health or any other duly qualified Mental Health agency.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policy and procedures and document
training.

Evidentiary Basis Document review, observation

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Provision 13.6 Mental Health Care Status Discussion
Recommendations

The psychiatrist and/or counselors shall review, if necessary, incident reports, disciplinary reports, suicide watch logs, and lockdown logs of youth under their care to determine whether their treatment is working and, if not, how it should be modified.
Non-Compliance
Based on my review of documents and observation, services are not in place and are still not being provided for this provision. I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. The mental health of the youth in the custody of the facility needs to be closely monitored at all times.
2. The facility needs to develop policies and procedures to address this provision.
3. Provide and document training to staff on policies and procedures and document training.
4. Facility needs documentation from a mental health organization on plan of action for youth receiving a mental health services.

Evidentiary Basis Document review, observation

14 Suicide Prevention

Provision 14.1 Suicide Prevention

Henley-Young shall develop a multi-tiered suicide prevention policy that has at least three stages of suicide watch. Suicide watch shall not be used as punishment. The “suicide cell” shall be reserved for youth for whom the “suicide cell” is deemed necessary in conjunction with this suicide prevention policy.

Status

Beginning Compliance

Discussion

The facility has moved to beginning compliance for this provision. The facility has developed policy and procedures for this provision. Now the facility must develop training programs to ensure that staff learn and adhere to the policy and procedures. Further, staff must become familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program.

Recommendations

1. Develop policies and procedures to address this provision. (executed)
2. Provide and document training for staff on policy and procedure. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program.

Evidentiary Basis Document review, observation

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Provision 14.2 Suicide Prevention

Any youth placed on the highest level of suicide watch shall be evaluated by a mental health professional, ideally within 12 hours, but in no case longer than 24 hours of his or her placement on suicide watch. If a youth on the highest level of suicide watch is not evaluated by a mental health professional within 24 hours, the youth shall immediately be transported to a local mental health facility or emergency room for evaluation and/or treatment.

Status

Beginning Compliance

Discussion

The facility has moved to beginning compliance for this provision. The facility has developed policy and procedures for this provision. Now there must training programs developed to ensure that staff members adhere to the policy and procedures and that they are familiar with the process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program.

Recommendations

1. Develop policies and procedures to address this provision. (Executed)
2. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.
3. Provide training for staff on policies and procedures and document training.
4. Identify a mental health agency to help develop policies, procedures and protocols.
5. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program.

Evidentiary Basis Document review, observation

Provision 14.3 Suicide Prevention

Youth on suicide watch shall participate in recreation, school, and any other structured programming. Youth shall not be required to wear a “suicide gown” unless locked in a cell. Staff shall closely monitor youth on suicide watch, which includes logging activities every 15 minutes.

Status

Beginning Compliance

Discussion

The facility has developed policy and procedures for this provision which has moved it to beginning compliance. Now a training program must be developed to ensure that staff members adhere to the policy and procedures and that they are familiar with process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program.

Recommendations

1. Develop policies and procedures to address this provision with the assistance of a mental professional. (Executed)

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2. Provide and document training for staff on policies and procedures. 3. Facility needs to ensure that the suicide prevention policy is
included in the overall mental health program. 4. The facility needs mental health professionals to help and enhance
the development of these policies and procedures as they are the authorities in this area.

Evidentiary Basis Document review, observation

Provision 14.4 Suicide Prevention

When a youth is placed on any level of suicide watch, a report shall be made within 24 hours to the youth court, as well as to the youth’s guardian, and his or her defense attorney.

Status

Beginning Compliance

Discussion

The facility has developed policy and procedures for this provision which has moved it to beginning compliance. Now a training program must be developed to ensure that staff members adhere to the policy and procedures and that they are familiar with process. Once the facility hires a new mental health provider, they must ensure that the suicide prevention policy is included in the overall mental health program.

Recommendations

1. Develop policies and procedures for making and distributing the reports in this provision. (Executed)
2. Provide training for staff on policies and procedures and document training.
3. Facility needs to ensure that the suicide prevention policy is included in the overall mental health program
4. The facility needs mental health professionals to help and enhance the development of these policies and procedures as they are the authorities in this area.

Evidentiary Basis Document review, observation

15 Family Support and Interaction

Provision 15.1 Family Support and Interaction

Visitation shall not be restricted or withheld from youth unless the detention center director determines that a visit will violate the security of HenleyYoung or will endanger the safety of residents, visitors, or staff. Visitation should not be restricted as a form of punishment.

Status

Beginning Compliance

Discussion

Although the facility still maintains beginning compliance with this provision, it should be noted that because of varying staffing issues, the facility has had to divert from the new policy at times and returned to the

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previous visitation program which did not allow for contact visits. As stated in my previous report the facility must ensure that there is proper staffing available to provide for the visitation process to maintain reliability in it.

Recommendations

1. Provide and document training for staff on policies and procedures. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability.

Evidentiary Basis Document review, observation and interviews

Provision 15.2 Family Support and Interaction Status Discussion
Recommendations

Within 90 days of the effective date of this Settlement Agreement, HenleyYoung shall provide accommodations that allow youth to have contact visits with their families.
Beginning Compliance
During this visit, I did review the visitation process and found that parents and youth were pleased with the new program. However, as stated in the previous provision 15.1, the facility must ensure that there is consistency in the visitation program. The current visitation schedule is Tuesdays, Thursdays and Saturdays according to the Director. The new visitation program will be more accommodating for parents and will be on Thursdays, Saturdays and Sundays. As in my previous report the facility must ensure that there is enough staff to accommodate the program. In addition, staff must be trained to ensure that policies and procedures are being followed. With the addition of visitation on the weekends, this should reduce youth being “locked down” in their rooms for lack of supervision. The visitation program should be incorporated into the overall facility program that will help with providing a better structure.
1. Develop policies and procedures to address this provision. (Executed)
2. Identify area where contact visitation will take place. 3. Provide and document training for staff on policies and procedures. 4. Ensure that there is proper staffing availability to maintain
reliability. 5. Ensure that visitation program is included in the overall facility
program.

Evidentiary Basis Document review, observation and interviews

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Provision 15.3 Family Support and Interaction

Visitation shall be regularly scheduled at least three times per week, which shall include evening and/or weekend visitation times in order to encourage family visitation. Henley-Young shall permit the minor siblings of confined youth to participate in visitation, as long as the minors’ parent or guardian is present during the visit and the siblings are not harmful to the youth who is detained at Henley-Young. Henley-Young shall also permit a confined youth’s own child (ren) to participate in visitation

Status

Beginning Compliance

Discussion

See provision 15.1 and 15.2

Recommendations

1. Develop policies and procedures and practices to address this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability. 4. Ensure that visitation program is included in the overall facility
program.

Evidentiary Basis Document review, observation and interviews

Provision 15.4 Family Support and Interaction Status Discussion
Recommendations

Youth may receive phone calls from their attorneys. At the discretion of the Director or assignee, in emergency situations, youth may receive phone calls from parents, primary caretakers, or legal guardians. Emergency phone calls and phone calls from attorneys should not be restricted as a form of punishment.
Beginning Compliance
The facility has developed a policy and procedures for this provision. Based on my review of the policy, additional phone privileges will be a part of the new behavioral management system once it is implemented. However, there is no indication that youth are allowed to mail letters as part of access to supportive relationships that youth have with families and others in the community. This (mail) is a major part of the rehabilitative process Staff now needs to be trained on policies and procedures and the facility should ensure that policy and procedures are being supported.
1. Develop policies and procedures and practices to address this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Ensure that there is proper staffing availability to maintain
reliability. 4. Ensure that youth are allowed to mail letters.(County will pay for
postage)

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Evidentiary Basis Document review, observation and interviews

16 Miscellaneous Provisions

Provision 16.1 Miscellaneous Provisions

Male and female youth shall be provided with equal access to educational and rehabilitative services, medical care, and indoor and outdoor recreation.

Status

Beginning Compliance

Discussion

The facility has developed a policy and procedures for this provision. However during my visit, I found that female residents were still assigned to laundry detail. In addition, according to the female residents I interviewed they rarely participated in outside activities and when they did it consisted mostly of sitting on the bleachers because the male residents were using the court and they are not allowed on the court while the males were outside using it. If they were allowed to use the court, there is only one basketball goal usable.

Recommendations

1. Develop policies and procedures and practices for this provision. (Executed)
2. Cease in the designation of female residents as being solely responsible for laundry; this is a duty male residents can perform as well as females.
3. Develop monthly recreational schedules. 4. Develop comprehensive facility schedules. 5. Provide training for staff on policies and procedures and document
training. 6. Ensure that there is proper staffing availability to maintain
reliability. 7. Repair court and goal area.

Evidentiary Basis Document review, observation, interviews

Provision 16.2 Miscellaneous Provisions Status
Discussion

The parties agree, however, that henceforth: All youth shall have the opportunity to engage in at least one hour of large muscle exercise a day.
Non-Compliance
Based on my interviews with youths and my review of documents, and observation the residents are beginning to spend more time out of their cells during the weekdays. It should be noted that the County has purchased televisions for each unit and according to the youths, there are less fights and arguments on the units when they are out watching television. However during the weekends there are no planned programs for them to participate in and they are locked in their cells excessively. The majority of the youth I
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interviewed advised me that being out of their cells is determined by “what staff is working and if there is enough staff on duty and how staff are feeling”. There must be an organized recreational program in place with schedule to address this.

Recommendations

1. Develop policies and procedures and implement practices to address the needs of this provision.
2. Develop and implement programming and recreational schedules. 3. Provide and document training for staff on policies and procedures. 4. Ensure that there is proper staffing availability so that youth are not
unnecessarily “locked” in their cells.

Evidentiary Basis Document review, observation, interviews

Provision 16.3 Miscellaneous Provisions Status Discussion
Recommendations

Henley-Young shall implement a policy which prohibits staff from insulting youth or calling them names, and using profanity in the presence of youth
Beginning Compliance
The facility has developed a policy and procedures for this provision. During my interviews with youths they still complained about the staff’s use of profanity. Although some youth said that “it’s not as bad as it used to be” another youth explained that “staff respects us as long as we respect them”. Since the policy has been developed for this provision, the facility administration must train staff and ensure staff adheres to the policy. In addition, the facility administration should ensure that there is a constant vigilance that promotes positive language by youth and staff.
1. Develop policies and procedures and practices to address the needs of this provision. (Executed)
2. Provide training to staff in the proper de-escalation techniques of youth.
3. Administration must provide enough supervision to reduce or eliminate insulting behavior by staff.
4. Discipline and retrain staff as needed. 5. Provide training for staff on policies and procedures and document
training. 6. Hire an independent person to investigate allegations of abuse or
complaints regarding staff by youth. (Executed)

Evidentiary Basis Document review, observation and interviews

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Provision 16.4 Miscellaneous Provisions

Henley-Young shall implement an adequate grievance policy that is accessible to all youth regardless of literacy levels, and that provides youth with the opportunity to appeal facility level determinations. Youth shall obtain the grievance forms from the school liaison.

Status

Beginning Compliance

Discussion

Based on my interviews with youth and my review of documents, youth do not have confidence in the grievance process. Most residents said they were not aware of the grievance process and some residents advised me that they never filed a grievance. As stated in my previous reports, the mark of a good grievance system is that youth do file grievances. Most juvenile facilities have a youth grievance system in place to allow residents to seek a resolution to problems that they may be having while at the facility. Typically, juveniles use the grievance system to attempt to resolve issues they may have with the application of facility rules, concerns about living conditions or food, problems with missing property, conflicts with other residents or staff, or seeking some sort of other assistance. All grievances should be tracked by the grievance coordinator to assure that a response is given. The nature, topic or presenting problem should be categorized and tabulated. The grievance coordinator should provide his/her supervisor, the facility director and other key staff, a summary grievance report each month. The report should include, at a minimum, the number of grievance filed, the living units from which the grievances were filed, the nature and final outcome of the grievances. A system should also be established to assure that grievance resolutions are actually implemented. The grievance system should be viewed as an important tool for staff to communicate with the residents. The system should enhance the regular programming activities and not be viewed as an impediment. The administration should use cumulative data gathered from grievances as a tool to assist in monitoring what is going on within the institution. Such data can indicate where the program is functioning well and where there may be potential problems. In addition, in my review of some grievances, one youth filed a grievance then later retracted the grievance. There must be as part of the grievance process a component that the youth has the ability to retract the grievance and not the staff advising that the youth retract his/her grievance. The facility must now make certain that staff is trained properly and that youth are made fully aware of the grievance process.

Recommendations

1. Place grievance boxes on each unit and school, residents should not be required to request a grievance form.
2. Provide training for staff on policies and procedures and document training.
3. Provide training for youth on policies and procedures and document training.
4. Ensure that youth are adequately familiarized with the grievance process during their orientation into the facility
5. Add a place on the Resident’s Grievance Resolution Report for a

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resident to request an appeal and place for the Director’s resolution. 6. Ensure Resident’s Grievance Resolution Reports are provided to the
resident for their signature and their response to the outcome. If the resident disagrees with the resolution the resident has the right to appeal the decision to the director. 7. Any retractions of grievances should be done by youth and not by staff.
Evidentiary Basis Document review, observation, interviews

Provision 16.5 Miscellaneous Provisions
Status Discussion

Hinds County denies that Henley-Young does not currently have an adequate policy whereby youth can request to see their attorney and/or Youth Court counselor. The parties agree, however, that henceforth: Henley-Young shall develop and implement an adequate policy that allows youth of all ages and literacy levels with the opportunity to request to see their attorney and/or Youth Court counselor. Youth shall obtain the form requesting a visit from his/her counselor from the school liaison. HenleyYoung agrees to collaborate with the Plaintiffs to design and implement a comprehensive juvenile justice pre-service and in-service training program for detention center staff. Training shall include, but is not limited to, the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.
Beginning Compliance
The facility has developed a policy and procedures for this provision. During my next visit, I will review the system.

Recommendations

1. Develop policies and procedures and practices for this provision. (Executed)
2. Provide and document training for staff on policies and procedures. 3. Develop single form and system for incident reporting. 4. Develop system for receiving and mailing privileged and non
privileged mail for youth.

Evidentiary Basis Observation, interviews

Conclusion This is my fourth official visit to the Henley-Young Detention Facility. The facility continues to make incremental (small positive) improvements. During this review 19 provisions have been moved to beginning compliance. Although some will have to be tweaked as they are being implemented this is a very good start on the road to adding structure to the facility programs. As
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stated in my previous reports, although the process on provisions have begun, it is vitally important that policies and procedures are developed to ensure a consistent, comprehensive, and standardized way of operating the facility. This is very important because based on my most recent review, due to the lack of proper staffing at times, the location of the visitations process had to be altered. This change forced the facility to move away from its designed visitation practice. To ensure consistency in the program, the County must ensure that policies and procedures are adhered to. As in my previous reports I maintained that the County Administrator is on the right path but all stakeholders (i.e. juvenile court, county supervisors, Jackson Public School and the State of Mississippi) must work together in this process. There is clearly a need for all parties to sit down and develop strategies to ensure all parties are moving in the same direction as it relates to services provided for youth and systems being put in place for their success and benefit. As I have stated in meetings with each entity, youth at Henley-Young are impacted by all stakeholders. Again, the provisions related to medical, mental health, staffing, treatment, suicide prevention, and cell confinement are still major liability areas. During this visit, I reviewed medical, court and facility files. Based on that review I am recommending each body review their system to determine who is responsible for assuring proper documents are in place and the policy and system to make sure it is taking place. As it relates in particular to medical charts see provisions 12.1. As for the school, I am recommending again that an evaluation of the school is completed and that a compliance officer be hired to ensure the school’s educational standards are being met.
LEONARD B. DIXON
Attachments A – Response from Henley-Young/Jackson Public School dated May 1, 2013 B - Recommended files for medical, case management and mental health
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Attachment A

Henley-Young Juvenile Justice Center Monitoring Compliance Report July 8, 2013

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Attachment B

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION HONORABLE DANIEL P. JORDAN III, U.S. DISTRICT JUDGE
J.H., ET AL, VS HINDS COUNTY MISSISSIPPI 3:11-CV00327 DPJ-FKB
Monitoring Compliance Report: Report Draft Date March 25, 2013
Report Date April 12, 2013
Submitted by Leonard B. Dixon, MSPA
24420 Crescent Drive Woodhaven, MI 48183
734 642-7412 Email home: lbdixon1@comcast.net Email work: lbdixon4@co.wayne.mi.us

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The Third Monitor’s Report Henley-Young Juvenile Justice
Leonard B. Dixon
Background On March, 28, 2012, Hinds County, Mississippi entered into a settlement agreement
ordained and adjudged by Judge Daniel P. Jordan III, for the United States District Court Southern District of Mississippi, Jackson Division, regarding conditions of confinement at the Henley-Young Juvenile Justice Center, located in Jackson, Mississippi. According to the order the settlement agreement and its specifics requirements “shall apply to Henley-Young and any contractor that may provide services to Henley-Young in the future. The term “youth” herein often refers to individuals confined at Henley-Young. “The parties” understand that the requirements contained herein will be implemented without undue delay as soon as practicable. Unless otherwise indicated herein, the parties will collaborate to make all reasonable efforts to ensure that within 90 days of the effective date of the agreement, policies, and procedures consistent with the agreement are drafted, in the process of being implemented, and that all detention staff received training on the requirements. The parties agree and understand that the implementation will be an ongoing process that extends beyond the initial 90 days of the agreement. As part of the settlement agreement the defendant shall contract with Leonard Dixon, within 30 days of the court entry of this settlement agreement to serve as an expert who will be reasonable for documenting the defendant’s compliance with the terms of the agreement and for providing and/or arranging technical assistance and training regarding compliance with this settlement agreement. I will have full and complete access to detained youth, institutional files, medical files, mental health files, education files, video tapes, and youth, staff records and all other information and other reports by staff, grievances, incident reports, and other relevant documents and files maintained by Henley-Young.
All non-public information obtained by the expert shall be kept confidential, except that on a quarterly basis the expert shall file a report with the court documenting the progress of compliance. Neither party, nor any employee or agent of either party, shall have any supervisory authority over the expert’s activities, reports, findings, or recommendations. The expert shall file with the Court and provide the parties with reports describing the Defendant’s steps to implement this Settlement Agreement and evaluate the extent to which the Defendant has complied with each substantive provision of this agreement. Such reports shall be issued quarterly, unless the parties agree otherwise. The reports shall be provided to the parties in draft form for comment at least two (2) weeks prior to their submission to the Court. These reports shall be written with due regard for the privacy interests of individual youth and staff and the interest of the Defendant in protecting against disclosure of non-public information. The expert shall have a budget sufficient to allow him to fulfill the responsibilities described in this Settlement Agreement. Mr. Dixon may consult other experts or consultants retained by either party. All parties shall receive copies of all draft reports from the other experts to Mr. Dixon prior to the issuance of Mr. Dixon’s report, and shall have the option of being present at briefings from such experts to Mr. Dixon and Defendant. Mr. Dixon may initiate and receive ex parte communications with the parties and their respective experts and consultants.
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Recommendations based on findings, observations and interviews Result of visit on February 19-25, 2013
Documentation provided and reviewed Lock Down, Seclusion and Segregation Forms MAYSI’s on youth E.W., R.S., B.R., R.M., A.H., N.S., D.H. and K.T. Grievance Reports from 28 residents Southern Poverty Law Center email dated March 18, 2013 re: Resident J.B. Video Incident on DVD re: Resident J.C. on January 12, 2013 Video Incident on DVD re: Resident Z.B. on January 20, 2013 Video Incident on DVD re: Resident S.A. on December 25, 2012 USDA letter dated December 20, 2012 re: FNS guidance to School Food Authorities Proposed School Schedule – Youth Court School Detainee Incident Reports Use of Force Forms (7) Organizational Chart Current Staffing Records Memorandum to supervisors regarding mandatory meeting dated January 9, 2013 Memorandum to staff regarding mandatory meeting dated January 28, 2013 Daily Population Sheets from October 2012 to January 2013 Inspections
Food Establishment Inspection Report dated 1/31/2013 Food Service Facility Inspection Results dated 1/31/2013 American Fire Sprinkler Inc., Report of Inspection dated 12/9/2011 (no new date) Pre-Engineered Restaurant Fire Suppression Systems Report dated 10/25/2012 Public Health Laboratory Water Report dated 12/21/2012 Backflow Prevention Assembly Test and Certification Report (4) dated 4/23/2012 (yet all was retested in March 2013) Food Permit issued by Mississippi State Department of Health dated 1/20/2013 Menu/School Lunch Program Changes for two weeks Resident Handbook Due Process Reports (12) Attendance Sheets from November 20, 2012 to February 8, 2013 Hygiene and Sanitation Purchase Requisitions dated July 31, 2012 Clothing Inventory and Purchase Requisitions from July 3, 2012 to October 31, 2012 Draft Policies/Procedures Draft Fire Evacuation Draft Evacuation and Relocation Draft Fire Drills Draft Visitation Regulation Draft Disciplining Staff Draft Clothing Exchange Draft Resident Hygiene Daily Schedule Letter to Parents regarding changes in visitation procedures
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Article on the “Use of Electroshock Devices in Juvenile Detention and Secure Residential Facilities” Reports from Southern Poverty Law Center (6)
Staff Interviewed Arthur Sutton, Drop Out Prevention Coordinator Kenneth Marshall, Supervisor Allen D. Hines, Detention Officer Ferniece Galloway, Detention Officer Junell McCain, Detention Officer Ronnie Marby, Detention Officer McArthur Russell, Senior Detention Officer Crystal Gene-Young, Senior Administrative Assistant Ginger Smith, PhD, School Director of the Henley-Young Juvenile School (JPS) Vicky Berryhill, LPN Evelyn Sullivan, SICU Counselor State of Mississippi Dr. Calvin Lockett, Executive Director of Special Programs, (JPS) Alternative Education Toni Le Ann Flanagan, Executive Assistant
Youth Interviewed Youth Q.B. 16 years old Youth D.H. 15 years old Youth K.T. 16 years old Youth B.R. 17 years old Youth O.C. 16 years old Youth E.S.W. 17 years old Youth M.H. 15 years old Youth R.M. 16 years old Youth A.H. 15 years old Youth O.T. 17 years old
Introduction
This is my third official visit to the Henley-Young Juvenile Justice Center. I visited the facility from February 19, through February 25, 2013. I would like to thank the staff and the County for their cooperation in this process. I would also like to reiterate that this is a long and laborious process and there are still major areas of concern, however, the facility is making incremental steps in the process.
As stated in my previous reports there are numerous areas that are in need of development. For example, the increase and development of staffing, policy development, training, medical and mental health programming, improvements in staffing for the educational process including special education, programming development, administrative and operational staff support and daily schedules need further development. It should be noted that the County has started to make progress, although incremental to the institution.
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I would like to commend facility personnel (Knight, Burnside and Dorsey) on the continued development of policies and procedures, in particular the development of a visitation procedure which is one of the principle provisions that will improve the rehabilitation process. Family involvement is a key component to rehabilitation, and the facility has implemented a visitation process that will enhance programming as other components of the settlement agreement are being developed. Visitation is an important way to maintain connection with families and it also shows us that youth who still have people outside who care enough about them to come and spend time with them exhibit better coping skills. The visitation program will also contribute to effective planning for youth treatment needs and adjustment once they return to the community, which is a significant part of rehabilitative program development. It should be noted that 4 additional provisions have moved to beginning compliance since my last visit. Although, processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and standardized way of running the facility. It also provides a clear process for training staff on the appropriate way to conduct visitations.
The area of foremost concern and significance is still the development of a facility structure. As of this report, the facility is still out of compliance as to staffing levels suggested in my first report, which were aimed at an administrative and organizational configuration of the facility conducive to good standardized operations. As of the time of this review, the facility is still under developed as it relates to administrative and organizational areas. First, the facility must develop an administrative structure that allows for the monitoring of staff and youth. Second, the facility must develop a system that ensures that the staff is in compliance with policies and procedures. And, third, there must be enough supervisors and operations staff for coverage in all areas of the facility to ensure that adequate supervision and programming are occurring. The major problems in this institution occur because the lack of structure, which is fundamental to ensuring that systems and staff are in compliance with rules and regulations, is missing. The facility still does not have an administrative structure in place to ensure accountability. Without proper administrative structure in place, there will always be a lack of administrative oversight because the structure is insufficient, and appropriate supervision of staff is not occurring. However, the county has approved funding for additional staff, which will permit the facility to divide the administrative and operational functions .Since the date of my last report ,the County has hired six (6) additional detention officers .This enhancement of staffing should continue.
Another major issue is that of youth being “locked down” for inappropriate reasons. Based on my interviews with staff, my observations, document review and my interviews with the youth; there are still too many times where the residents are being placed in lock down because of the lack of available staff. The Director is in serious need of a support staff to ensure that rules and policies are carried out. At this point, the Director is responsible for the administrative and operational mechanisms of the facility with no support in between which is impractical. With the anticipated approval of job descriptions, the Director will no longer be required to perform the Administrative and Operational functions of the facility. The Director will carry out the Administrative functions of the facility and another individual will be hired and/or selected to carry out the Operational functions of the facility. This is a major concern in my professional opinion and should be addressed immediately. This was stated in my previous report. In addition, the persons hired for support positions must be astute in the operations of the day-to-day juvenile
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facility and juvenile institutional culture. The facility has developed an organizational chart that has not been implemented. It is critical that this chart be implemented as soon as possible.
Provision 7.5 states, “Henley-Young shall not use, or allow on the premises, restraint chairs, chemical restraints and/or tasers,” This provision was violated. On December 25, 2012, youth S.A. was tased by the Hinds County Sheriff Department. During this incident a member of the staff felt it appropriate to make a video of the incident, rather than taking corrective actions to de-escalate or end the situation. A review of the video taken by the staff of the incident, revealed that although there were three staff members in the vicinity and on the unit, no one engaged in any physical restraint of this youth as he began to disrupt and destroy property within the unit. It should be noted that the facility administration should be concerned about the lack of staff interaction with a youth who was out of control and that no one proceeded to restrain this young man. When there is a need for staff to engage youth physically - to ensure the safety and security of that resident, other residents, and the staff as well as the facility property, - it should be a cultural reaction with immediate consequences that a youth is properly restrained and placed in their room until they are under control and a due process hearing occurs.
Although the Director was called to the facility the more important issue was the immediate need to contain the developing issue. In reviewing the video there was no question that staff members should have appropriately engaged this youth through the use of crisis diffusion techniques which were without question necessary. The video also revealed that there was no need for deputies from the Hinds County Sheriff’s Department to enter the facility or to use a taser to restrain this youth. There were enough staff members available to handle the situation. Although I understand this is a very stressful situation, the staff members cannot, NOT engage a youth when there is a need. Detention Officers are there for the protection, safety and security of the staff, other residents and property. The bottom line is this should not have occurred, period. The training on restraint and use of crisis diffusion must be improved and all staff retrained. The video also revealed that at no time did staff engage the youth to prevent him from continuing his disruption of the facility and destruction of property on the unit. It is extremely important that new staff entering this facility be properly trained to engage these types of situation when they occur. In addition the training should be on-going to keep ALL staff members refreshed when staff engagement is warranted. When trained properly, the likelihood of incidents like this one occurring is greatly reduced. There is no question that there was not enough trained staff working at the time of this incident, because all other youth were placed in their rooms and staff members on the unit still did not attempt to engage, stop or de-escalate the situation from spiraling out of control. Staff training should be addressed as it relates to restraints and de-escalation, and staff members must develop an attitude of engaging situations before they reach the magnitude that this one did. In addition, it is recommended that when there is an allegation or complaint from youth that involves staff there must be an investigation by a non-partial individual. This individual(s) should report to the County Administrator or their designee. This would help to reduce any level of favoritism or bias and would provide a level of objectivity to the process.
Training The facility is in need of an organized training program that holds staff and the facility accountable for their actions and development of the facility’s programs. Accountability-based interventions change juvenile offenders through healthy relationships with healthy adults in
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healthy environments. Despite the many relatively unchanging characteristics of juvenile confinement, effective staff development and training are dynamic concepts shaped by improved strategies on adult learning, advances in technology, and innovations in juvenile justice interventions. To maintain the momentum of quality improvements, it is vitally important that training tools be developed, reviewed, repaired, improved, or replaced on a periodic basis. Again I am recommending the County to contact the National Partnership for Juvenile Services (NPJS) to assist with developing a training plan for Henley-Young. There are fourteen training modules included in the NJDA Detention Careworker Curriculum. The lesson plans range from 2 to 6 hours in length. The intent is for Henley-Young to design their training program – length, content, delivery strategy – to meet the facility’s training needs and time allocation.
The NJDA Detention Careworker Curriculum – 3rd edition is comprised of the following modules:
 Anger Management  Basic Health Care and Admissions Screening  Behavior Management  Behavior Observation and Recording  Conflict Resolution  Critical Issues Impacting Juvenile Justice  Cultural Sensitivity  Effective Communication  Juvenile Rights  Leadership  Managing Mentally Ill Youth  Reentry  Safety and Security  Suicide Prevention
This is a reiteration of my recommendations from my previous reports. It should be noted again that training will be a significant part of this process. Since my last review the County Adminisator, facility Director, supervisor and officer participated in a national juvenile justice symposium held in Biloxi, Mississippi. These symposiums are extremely valuable because of the information received and the ability to network with other professionals in the field .It will also, assist the County in broadening its understanding of juvenile issusses and provides the facility staff with a better understanding of juvenile detention in general .The key is for the information received to translated into detention best practice which can be a time-consuming course of action.
School The school has much work to be done. As stated in my previous reports, the school is a major component of the programming at this facility. There is still a need for the school to be fully evaluated and monitored to ensure it meets the standard set forth by the Mississippi Department of Education and Jackson Public School District. The facility and school must have adequate supervision to ensure that the educational components are being carried out. I am concern that youth are still not in school for the required number of school hours. An example of my concern
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is during the week of February 12, 2013, youth were not in school because the Jackson public school staff were participating in training that was out of town, which left direct care staff with no facility programming or school programming for an entire week. If school is in session in the rest of the district the same should occur at the facility. The Jackson Public School District should take steps to ensure that teachers are present to teach students at the facility each day school is in session in the District. Also, during my unannounced visit in December 2012, only six youth were participating in the school program due to testing that was being administered. After discussion with the principal the use of a different test area was found so that the rest of the residents could participate in the daily school programming. This is disturbing and should be addressed by the Jackson Public School District to ensure that there is constant supervision of this school and that they follow a schedule so that all youth participate in the school program. I am still recommending visits by the school and its administration to detention schools in other states, i.e., Georgia, Michigan, or Illinois; this will provide a greater understanding of institutional education. The school should follow the recommendation in my previous report. It should be noted that I met with Dr. Calvin Lockett, Executive Director of Special Programs, and he advised that he will be supervising the school and will be addressing these concerns and recommendations from my second report.
Recommended School Plan: 1. The Henley-Young Facility will create and implement a plan to provide all of the following services and programs within their control related to the aspects of residents’ education: a. maintain an adequate physical facility for education, b. provide adequate security and support in the classroom, c. establish an in-school points system based on rewards and consequences for behavior, d. establish and implement a schedule for transporting residents to and from school that assures that residents will have the opportunity to receive the required hours of educational services mandated by law. 2. Develop policies and procedures for all of the areas discussed above.
Solution/Plan 1. The Henley-Young Facility will make every effort to develop and formalize an interagency agreement between the Jackson Public School System and the HYC that: a. Provides adequate security within the school premises (including classrooms) for all youth including those youth requiring protective services or other special needs. b. Youth requiring protective services or other special needs shall have the same or equivalent educational services as other youth. c. Create an alternative educational plans for youth removed from the classroom for medical or behavioral issues. d. Provides a schedule for transporting residents to and from school that ensures that residents will have the opportunity to receive the hours of educational services mandated by law.
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e. Outline a cross training curriculum for HYC school employees and detention employees, which include an orientation and a safety curriculum and mandatory annual refreshment training for employees of the school.
f. Ensure trainings will provide educational staff with appropriate facility policies that relate to or overlap with the school’s operations to include the policies regarding rules, discipline and the behavior management program.
g. Include development of a plan and appropriate materials for various educational levels, to be distributed and explained to youth in the health care unit, in room confinement or otherwise unable to participate in normal school classroom activities.
h. Ensure the class schedules are driven by the security of the facility and that the school looks toward developing individual learning plans for each student in the school.
2. The Facility Director or designee shall review the circumstances surrounding the placement of all residents who are in isolation or seclusion, or residents who do not attend school for medical reasons and other behavioral maintenance processes to assess the feasibility of an early release to attend school each day. a. A list of the residents that are not allowed to attend school and the reasons for the administrative restriction shall be documented and distributed to the Principal of the HYC School. b. The Facility Director shall designate a liaison to interact with school daily and the JPS Administration should create a position for Compliance Administrator to review the progress of the school on a weekly basis. c. All instances in which school activities are suspended by the facility due to incidents or other extraordinary circumstances shall be reported to the Compliance Administrator within 24 hours.
When the School Principal or designee is having issues, whether of a safety nature or any other problems, they should be reported to the Compliance Administrator and the facility director or designee immediately. I am recommending the Jackson Public School system (JPS) hire a compliance officer to ensure that the school educational standards are being met.
Below are the compliance ratings that will be used in this report. Please be reminded that though most are in Non-Compliance, policy development is most important and the start of this process. However, as stated above the facility has made progress on some provisions which moved them from Non-Compliance to beginning compliance.
Compliance Code Measurements
Substantial Compliance (SC): Practices follow the county-approved policies, training materials or other documents; practices follow policy with rare exception and exceptions lead to corrective action; trained staff fill all positions and vacancies are filled within 3 months; the County has completed work in an acceptable manner; policies, procedures and practice and training are operational and quality-assurance audited and audit exceptions lead to corrective action; outcomes meet or exceed agreement requirements.
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Partial Compliance (PC): Policy and procedure is implemented in some but not all locations or times; staff are hired but not trained; the County is working on implementation but tasks are not completed; system implemented at some but not all locations or times, outcomes meet or exceed agreement requirements some of the time and in certain area.
Beginning Compliance (BC): Policy and procedure is written by the county but has not been implemented; funding and hiring authority are approved by the County but positions are not filled; training materials prepared and approved by the county but training has not started.
Non-Compliance (NC): No action taken and immediate steps needed to maintain schedule or prevent further delay. A policy may exist, but the policy may need significant revision or modifications and rarely translates into practice.

Compliance Matrix

Provision

Intake

1.(1)

All Youth Admitted to Henley-Young

1.(2)

MAYSI-2 Mental Health Screening

1.(3)

Prescription Medications

1.(4)

Meal Compliance

1.(5)

Telephone Usage

1.(6)

Strip Search Policy

1st Report 2nd Report 3rd Report

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

BC

BC

NC

BC

BC

Provision 2.(1) 2.(2) 2.(3)

Staffing and Overcrowding Direct Care Staff Ratio Maximum Capacity Adjustment One-Person Cell

NC

NC

NC

NC

NC

NC

NC

NC

NC

Provision 3.(1) 3.(2) 3.(3) 3.(4) 3.(5)

Cell Confinement Structured, Rehabilitative & Educational Programming Appropriate Access to Living Unit Dangerous Youth Isolation Direct Care Staff on Units

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

NC

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Provision

Structured Programming

4

Educational, Rehabilitative, and/or Recreational Programs NC

NC

NC

Provision

Individualized Treatment Plans/Treatment Program for Post-Disposition Youth

5.(1)

Youth Access to Adequate Rehabilitative Services

NC

NC

NC

5.(2)

Health and/or Substance Abuse Treatment

NC

NC

NC

5.(3)

Treatment Plans

NC

NC

NC

5.(4)

Review of Individual Treatment Plans

NC

NC

NC

5.(5)

Evening And Weekend Programs And Activities

NC

NC

NC

5.(6)

Quality Assurance Program

NC

NC

NC

Provision 6.(1) 6.(2)

Disciplinary Practices And Procedures Implement a Discipline Policy and Practice Policy for Youth Violations

NC

NC

NC

NC

NC

NC

Provision

Use of Restraints

7.(1)

Mechanical Restraints

NC

BC

BC

7.(2)

Mechanical Restraints Transportation

NC

BC

BC

7.(3)

Misuse of Mechanical Restraints

7.(4)

Mental Health—Use of Mechanical Restraints

NC

BC

BC

NC

NC

NC

7.(5)

No Restraint Chairs, Chemical Restraints and/or Tasers

NC

BC

BC

7.(6)

No Hogtying in Facility

7.(7)

Mechanical Restraints—One-On-One Supervision

NC

BC

BC

NC

NC

NC

7.(8)

Mechanical Restraints—Notice to Medical Professional

NC

NC

NC

7.(9)

No Electronic Restraints

NC

BC

BC

7.(10)

No Firearms in Facility

NC

NC

BC

Provision

Use of Force

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No Misuse of Use of Force Notice to Medical Professional After Use of Force

NC

NC

NC

NC

NC

NC

Provision 9.(1) 9.(2) 9.(3)

Meals and Nutrition All Meals and Snacks Must Be Nutritional Comply with Nutrition Guidelines Provide Drinking Water Throughout the Day

NC

NC

NC

NC

BC

BC

NC

BC

BC

Provision

Clothing

10

Provide Basic Clothing Items

NC

NC

NC

Provision

Hygiene And Sanitation

11.(1)

Provide Appropriate Hygiene Products

NC

NC

NC

11.(2)

Provide Sleeping Mats and Blankets

NC

NC

NC

11.(3)

No Deprivation of Mats and Blankets

NC

NC

NC

11.(4)

Sufficient Sanitary Mats and Blankets

NC

NC

NC

11.(5)

Clean and Sanitary Environment

NC

BC

BC

11.(6)

Fire Safety, Weather Emergencies, Sanitation Practices, Food Safety and Provide Safe Environment

NC

NC

NC

11.(7)

Clean Drinking Glasses and Eating Utensils

NC

NC

NC

Provision

Medical Care

12.(1)

Provide Youth With Adequate Medical Care

NC

NC

NC

12.(2)

Provide Medical Professional When Needed

NC

NC

NC

12.(3)

Implement a Sick Call Policy to Ensure 24 Hr. Services

NC

NC

NC

12.(4)

Prescription Medications Only Dispensed by Medical Staff NC

NC

NC

12.(5) 12.(6)

Provide Medical and Mental Health Services
Proper Monitoring Youth Who Require Individualized Attention

NC

NC

NC

NC

NC

NC

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Provision

Mental Health Care

13.(1)

Provide Adequate Mental Health Services

NC

NC

NC

13.(2)

Youth and Psychotropic Medications

NC

NC

NC

13.(3)

Within 72 Hours of Admittance Complete an Individual Mental Health Treatment Plans

NC

NC

NC

13.(4)

Implement Policies and Procedures for Referrals

NC

NC

NC

13.(5)

Sufficient Psychiatric Services

NC

NC

NC

13.(6)

Psychiatrist and/or Counselors to Record Review to Ensure Proper Care

NC

NC

NC

Provision

Suicide Prevention

14.(1)

Multi-tiered Suicide Prevention Policy

NC

NC

14.(2)

Evaluate Highest Level of Suicide Watch Every12 hours By Medical Professional

NC

NC

NC

14.(3)

Closely Monitor Suicide Watch Youth During All Activities

NC

NC

NC

14.(4)

Court Shall be Notified Within 24 hours of Any Youth on Suicide Watch

NC

NC

NC

Provision 15.(1) 15.(2) 15.(3) 15.(4)

Family Support and Interaction Visitation Shall Not be Restricted or Withheld Provide Accommodations for Contact Visits Visitation Shall be Regularly Scheduled Phone Calls Shall be Allowed Based on Policy

NC

NC

BC

NC

NC

BC

NC

NC

BC

NC

NC

NC

Provision

Miscellaneous Provisions

16.(1)

Provide Equal Access To All Services

NC

NC

NC

16.(2)

Provide the Opportunity To Participate In Large Muscle Exercise Every Day

NC

NC

NC

16.(3)

Prohibit The Use Of Profanity In The Presence Of Youth

NC

NC

NC

16.(4)

Provide Adequate Grievance Policy

NC

BC

BC

16.(5)

Provide Youth Of All Ages With The Opportunity To See Their Attorney and/or Youth Court Counselor

NC

NC

NC

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The following are my observations and recommendations specific to the provisions of this agreement.

1. Intake Provision1.1 Intake
Status Discussion
Recommendations

All youth admitted to Henley-Young shall receive a health screening, within 1 hour of admission or as soon as possible as reasonably thereafter, by appropriately trained staff as required by Mississippi Code Annotated § 43-21321. Information obtained during the screening shall include, but shall not be limited to, the juvenile’s: (a) Mental health; (b) Suicide risk; (c) Alcohol and other drug use and abuse; (d) Physical health; (e) Aggressive behavior; (f) Family relations; (g) Peer relations; (h) Social skills; (i) Educational status; and (j) Vocational status.” Mississippi Code Ann. § 43-21-321(1). During this screening, Henley-Young shall obtain information regarding the youth’s educational status by having the youth or intake officer complete an education screening form developed and provided by the Jackson Public School District.
Non-Compliance
Based on review of documents with staff and youth and observations, the facility still does not meet this provision. At the time of my most recent visit, the facility’s intake policy had not been presented for approval. There has been no movement on this provision therefore I am reiterating that the facility review the actions and recommendations from my previous report. In addition, due to the lack of staffing in the medical areas it is very difficult for the facility to become compliant with this provision. However, the facility should begin to develop policies and procedures to at least have a vision of how this provision can be structured. The bottom line is the facility is still not in compliance and should continue to work and follow the recommendations below.
1. Fully develop admitting policies and procedures to reflect provision 2. The court should provide staffing for intake purposes 3. The facility should provide enough staff to fully cover the care and
custody issues in the facility 4. Ensure all staff who admit youth are properly trained 5. Develop training records 6. Provide documentation in a organized way on youth being
screened/admitted (files) 7. Ensure all youth records are available for my review with all areas of
the provisions placed in the youth’s file

Evidentiary Basis Document review, observation, interviews

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Provision 1.2 Intake
Status Discussion

All youth shall receive a MAYSI-2 mental health screening upon admission, as required by Mississippi Code Annotated § 43-21-321. The screening will be conducted in private by appropriately trained staff of Henley-Young. If the screening indicates that the youth is in need of emergency medical care or mental health intervention including, but not limited to, major depression, suicidal ideation, withdrawal from drugs or alcohol, or trauma, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation immediately or as soon as reasonably possible.
Non-Compliance
Based on interviews with youth and a review of documents the facility does complete the MAYSI-2 on a consistent basis. Also, policy and procedures are being developed. However, because of the lack of structure, staffing and the lack of mental health services within the facility and the continued lack of mental health services on an on-going basis, there is still work to be done. Therefore the following recommendations and the discussion from the previous report should again be reviewed. It should be noted I reviewed MAYSI’s on several youths (E.W., R.S. and B.R.) and they indicated either caution or warning signs as it relates to substance abuse, suicide ideation, depressed moods etc. and there was no indication that these areas were being addressed. The facility must continue to follow the tenets below in the way of questions posed in A through E, these questions the facility must address. All individuals, including but not limited to, the court and facility employees, involved in serving the youth must be given access to the necessary information to ensure that the mental health needs of the youth are being met.
A. What are the program objectives for mental health screening?
B. What are the characteristics or common traits the program wants to identify for emergency or follow-up clinical consultation?
C. What MAYSI-2 scores will the facility use as the signal for the program staff to obtain clinical consultation or services?
D. What mental health follow-up services are available when the youth’s MAYSI-2 score indicates that they are needed?
E. In what way will the facility develop a database that creates a profile of mental health needs in the population and program decisions and adjustments needed to improve mental health services for the residents?

Recommendations

1. Develop comprehensive policy and procedures for this provision 2. Develop youth files that are organized and arranged properly 3. Develop training and provide documentation of training 4. Identify person or person(s) whose responsibility is to score the
instrument 5. Provide documentation on who reviews the instrument and note

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what services are provided for the youth in the facility and what services should continue when the youth leaves the facility 6. Develop process whereby facility staff and court employees develop system for the sharing of information and reviewing of youth files which are centrally located and accessible to detention staff.
Evidentiary Basis Document review, observation, interviews

Provision 1.3 Intake Status Discussion
Recommendations

Prescription medications will be secured for all youth who have a valid, current prescription within 8 hours of admission, if possible, but in no case, longer than 24 hours after admission, including weekends and holidays. If during a youth’s detention, a medical professional either prescribes a new medication or renews a youth’s previous prescription medication, Henley-Young will secure the prescription medication within 8 hours of receiving the prescription, if possible, but in no case, longer than 24 hours after receiving the new prescription, including weekends and holidays. Henley-Young shall procure and/or purchase all prescription medications prescribed to confined youth.
Non-Compliance
Based on document review, interviews and observations, the facility remains non-complaint with this provision. Therefore, the facility should continue to follow the recommendations below which are the same as the previous report recommendations. The initial intake/admission process is a critical part of youth transition when they are entering the facility. During my review I found that because of the lack of staffing, it was very difficult for staff to really get a firm understanding of youth when they entered the facility. On one occasion during my visit, staff members were pulled from the Master Control area to ensure that a youth was admitted. Since there is no medical staff on after 2 pm or weekends, it is very difficult for the facility to meet this provision. In addition, I found no documentation of Henley-Young purchasing prescription medication for youth confined at the facility. While the facility is soliciting a medical provider to carry out medical services to the facility, and a medical provider has not been selected, it still has the responsibility to maintain medical/medication and all other medical needs to the residents. There has been no movement on this provision therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.
1. Develop written policy and procedures or protocol for this provision 2. Document staff training on distribution and side effects of medication 3. Provide documentation on efforts to obtain prescription drugs

Evidentiary Basis Document review, observation, interviews

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Provision 1.4 Intake
Status
Discussion

Upon admission to Henley-Young, all youth shall be offered a snack or meal in compliance with the United States Department of Agriculture’s School Meals Program standards.
Non-Compliance
During my interview with youth and through observations, youths were being offered snacks or meals upon their admittance to the facility. Although, one youth refused, the staff admitting the youth did offer snacks and youth who were admitted within an hour or so received the same meal as other youths during meal time. However, it is recommended that although this is happening during regular hours there is still a need for the facility to demonstrate that youth who are entering the facility during late hours late night or early morning or youth who are entering the facility between hours of 6 pm and 5 am are receiving snacks. The youths I interviewed all agreed that they were receiving snacks or the staff offered snacks upon their arrival at the facility but this was during the day. There has to be a physical record that this occurs 24 hours every day. On a positive note the facility does have part of their policy developed. The facility needs to complete the policy to move this provision to beginning.

Recommendations

1. Continue in the development of policies and procedures for this provision.
2. Procedures should be part of intake/admission procedure. 3. Ensure there are snacks or sandwiches available for youth being
admitted between 6 pm and 5 am.

Evidentiary Basis Document review, observation, interviews

Provision 1.5 Intake Status Discussion
Recommendations

Upon admission to Henley-Young, all youth shall be permitted to telephone a parent or legal guardian free of charge and to take a shower before being placed on the pod.
Non-Compliance
The facility does permit youth to make telephone calls to parents and legal guardians without charge. Also, youth I interviewed did take shower prior to being placed on their pods. I also observed this process; therefore the facility needs to continue to develop policy and procedures to move to beginning with this provision.
1. Develop a consistent way to document the intake process that shows that a phone call and shower were completed.
2. Develop policy and procedure for this provision.

Evidentiary Basis Document review, observation, interviews

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Provision 1.6 Intake Status Discussion
Recommendations

Within 60 days of the date of this agreement, Henley-Young shall develop and implement policies that limit strip searches to instances where Henley-Young staff has an articulable suspicion that a youth may possess weapons or contraband. Anytime a strip search is conducted, Henley-Young staff must document, in writing, their suspicion, obtain permission from a supervisor, and conduct the search in a manner that minimizes the intrusion into the youth’s privacy.
Beginning Compliance
Again, the facility does have policy and procedures for this provision and during my interview with youth I found no youth who acknowledged they were stripped searched. I did review the process, however to become further compliant with this provision there must be documentation of the policy and documentation of staff training on this procedure. Continue to comply with this provision.
Staff must be provided with the necessary training with information stating the trainer, name of the training class/course, time, date and location of training. This documentation should be kept and logged in facility records. I will review this process during my next visit.

Evidentiary Basis Document review, observation, interviews

2 Staffing and Overcrowding

Provision 2.1 Staffing and Overcrowding

Within 90 days of the date of this agreement, Henley-Young shall operate with a direct care staff to youth ratio of 1:8 from the hours of 6:00 a.m. until 10:00 p.m. and a ratio of 1:10 from the hours of 10:00 p.m. to 6:00 a.m.

Status

Non-Compliance

Discussion

The facility still does not meet this provision, as stated in my discussion. The facility lacks administrative structure, which is a systematic way of supervision of staff and a lack of staff to perform the duties necessary to achieve full compliance with this agreement. On several occasions, during my visits youth were still being left on units unsupervised. At one point during my visit there was one staff member in the tower on unit A and B with youths on both units and no direct supervision of those units. This is the same area of concern as stated in my previous reports. This lack of appropriate staffing has the potential for serious consequences and puts the County in a state of extreme liability. At one point, on February 19, 2013, around 6:08 pm, the Davis unit had one staff with 19 youths and on the Payton unit there was also one staff with 19 youths. It should be noted that A and B pod have been changed to Davis and Payton (respectively). On another occasion during my visit, at least four girls were left on the unit while three girls were taken up to the visitation area–one was placed in visitation and two girls were placed in the laundry room and supervised by

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the laundry assistant. Again, as stated previously, the facility is in dire need of staff; administrative, support, operational and direct care or at a minimum administrative, operational and direct care staffing. Based on my discussion with the administrator and previous discussions with personnel; the County has approved six direct care staff, that have been hired which is good, however, a long way from the recommendation. There has been no administrative or managerial staff hired which is critical for implementing the structure for the facility. Without the proper support staff being hired the direct care staff has very little direction. This is a must. During my visits, I interviewed a new staff member who has been with the facility for two months. This staff member did not receive any training and has been left to figure out what directions she should take. Although she appears to have good skills, it is very difficult for her to be successful without proper training and proper supervision. Therefore I must reiterate again that proper staffing and training are needed immediately. There has been no movement on this provision therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.

Recommendations Units

Day Shift Evening Shift Night Shift Total

A officer

3

3

2

8

B officer C officer

3

3

2

8

3

3

2

8

D officer

3

3

2

8

Intake

1

1

1

3

Master Control

1

1

1

3

Staff for Court

Transportation

2

2

4

Internal

Transportation

2

2

4

Laundry

2

2

4

*Director

1

*Deputy Director

1

*Operation

1

Manager

Supervisors

3

3

2

8

26

23

12

61

Duty Post Staffing/Adms

61 Direct care/supervisor/laundry staffing X 1.5 Relief Factor—Total staff

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needed to effectively operate the facility—91.5 1 to 8 Awake—2 to 10 Sleep
Misc. post coverage Medical/MH Hospital Runs One on One MH/Medical Visitation *Administration *Maintenance
Evidentiary Basis Document review, observation, interviews

Provision 2.2 Staffing and Overcrowding
Status Discussion

If the staff-to-youth ratio falls below the requirements of section 2.1 for longer than two (2) days, the Director or his assignee shall immediately identify youth accused of nonviolent offenses who are eligible for less restrictive alternatives to secure detention and request an emergency release for eligible youth from the appropriate Youth Court. The maximum capacity of Henley-Young shall be calculated by determining how many direct care staff members can supervise youth in accordance with section 2.1. The current maximum capacity of Henley-Young is 84.
Non-Compliance
There has been no movement on this provision therefore I reiterate that the actions and recommendations from my previous report be reviewed and put into action. The facility needs to develop policies and procedures to ensure that there is a system by which non violent offenders who are eligible for less restrictive alternatives are placed in those alternatives and when the facility moves above its rated capacity there is a system in place to move youth into less restrictive alternatives. The policies and procedures should be developed to reflect this provision. This would include input from the courts and the facility to ensure that everyone involved is aware of the systems that will be implemented.

Recommendations

Development of policies and procedures regarding this provision which includes court.

Evidentiary Basis Document review, observation, interviews

Provision 2.3 Staffing and Overcrowding
Status

No more than one youth shall be placed in a one-person cell. Non-Compliance

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Discussion Recommendations

During this visit I found no indication that the facility had more than one youth in a room. However, the facility needs to develop policies and procedures for this provision. Because the facility staffing and overcrowding policy has not been presented and approved, I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.
Develop policies and procedures for this provision

Evidentiary Basis Document review, observation

3 Cell Confinement

Provision 3.1 Cell Confinement

Youth shall be engaged in structured, rehabilitative, and educational programming outside of their cells during the hours of 7:00 a.m. to 9:00 p.m. each day, including weekends and holidays.

Status

Non-Compliance

Discussion

As discussed in my previous reports, the educational program of the institution needs to be addressed. Because youth spend most of their day within the educational component of the facility the structure that is provided by education is extremely important. During this visit, I still found that all youth who should be in school were not. The school has a policy that any youth returning from court should not be placed in school. This would be fine if there were indications that youth will be disruptive or they are upset based on a court disposition. The three youths interviewed did not return to school when they left court, and there was no indication that they would be disruptive, however they were placed in their rooms. Once they spoke with Mr. Burnside and me, they were returned to school without any disruptions the entire day. In addition, during a week in February the school was closed because teachers were in training outside the facility. This left the facility with no school or programming and youth had nothing to do during that week. The Jackson Public School District should take steps to ensure that teachers are present to teach students at the facility each day school is in session in the district. In addition, during my unannounced visit in December 2012 although testing was being done that week; only six youths were allowed in school daily because of the testing. After a discussion with the principal, this was changed and all residents were placed in the regular school program. These areas must be addressed with additional supervision by the Jackson Public School System. I met with Dr. Calvin Lockett who advised that he will be supervisor of the school. With proper supervision the above mentioned problems should be reduced.

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Recommendations

As it relates to structure and rehabiliatation, the facility still has very little programming for youth which has caused continued boredom for youth and is very counterproductive to any rehabilitation efforts. The one television that was used for the entire facility was broken in the December 25, 2012 incident. In addition, the outside area is very limited because of the damage to the basketball goal. When I met with the County administrator she advised that they are in the process of refurbishing and repairing the damaged areas outside. Also, the facility has ordered new television sets for each unit and is in the process of mounting them on the units. Hopefully this will be completed prior to my next visit. Therefore the recommendations from my previous report should still be followed.
1. Develop policies and procedures for this provision. 2. Review the schedules to be sure that they adequately reflect all daily
activities. 3. Develop positive behavior management systems with rewards and
consequences. 4. Remove the dark film from the Plexiglas in towers on unit which
would allow staff to view the unit without there being visual obstruction (when lights on). 5. Develop monthly recreation schedule. 6. See all of the recommendations for school in the introduction.

Evidentiary Basis Document review, observation, interviews

Provision 3.2 Cell Confinement
Status Discussion

Except when youth are in protective custody or confined subject to section 3.3 of this Settlement Agreement, youth placed in the Suicide or Booking cells shall be allowed to spend the hours of 7:00 a.m. to 9:00 p.m. on the appropriate living unit and to have the opportunity to engage in structured, rehabilitative, and educational programming, unless medically counterindicated.
Non-Compliance
The facility still does not comply with this provision. Policies and procedures still need to be developed and staff needs to be trained. The facility also needs to develop data collection tools to use to determine and identify who is placed on units, time, length etc. There has been no movement on this provision therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.

Recommendations

1. Follow recommendations as set forth in section 3.1. 2. Develop adequate policies and procedures for this provision. 3. Develop data collection for youth who are placed in protective
custody or confinement.

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Evidentiary Basis Document review, observation, interviews

Provision 3.3 Cell Confinement Status Discussion
Recommendations

Youth who pose an immediate, serious threat of bodily injury to others may be confined in their cells for no longer than 12 hours at a time without administrative approval. Youth who are placed on cell confinement for this reason shall be released from their cells daily to attend school, maintain appropriate personal hygiene and to engage in one hour of large muscle exercise. Staff must perform visual checks on youth who are subject to cell confinement every 15 minutes. Staff must document all instances of cell confinement in writing and must document the justification for determining that a youth poses an immediate, serious threat of bodily injury.
Non-Compliance
During this visit, I did find that the facility has developed a system for procedural due process for facility violations. Mr. Dorsey and Mr. Burnside have done a very good job of developing a process that ensures youth are not placed in rooms without proper due process as it relates to youth being locked down on the units for their behaviors. The facility now needs to develop policy and procedure and train staff on the process. I did review the new forms developed and although they are in the beginning stages they are aligned with best practice. Though processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and standardized way of running the facility.
1. Develop adequate policies and procedures for this provision. 2. For youth placed in their rooms, develop forms that indicate the time
youth will be in their rooms and post it on their doors. 3. Ensure that supervisors sign off on the form in 15 minute staggered
visual checks when youth are placed in their rooms. 4. Develop a system of major and minor consequences for behavior.

Evidentiary Basis Document review, observation, interviews

Provision 3.4 Cell Confinement
Status
Discussion

Youth shall not be automatically subjected to cell confinement and/or isolation upon their admission to Henley-Young unless he or she would be subject to cell confinement under section 3.3.
Non-Compliance
The facility is still coordinating this provision with provision 3.3 and policies and procedure are still in developmental stages. Once completed training and documentation will need to be addressed. However, during my visit on several occasions, I observed youth that were placed in their cells and locked down because there was a lack of staff, with no orientation and

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no freedom to move about the unit. This can only be addressed when there is enough staff a youth should not automatically subject to lock down.

Recommendations

1. Develop adequate policies and procedures for this provision. 2. Ensure all staff is trained and document training.

Evidentiary Basis Document review, observation

Provision 3.5 Cell Confinement Status Discussion
Recommendations

At all times between the hours of 7:00 a.m. to 10:00 p.m., at least one direct care staff shall be stationed on any living unit where two or more youth are placed, and direct care staff shall be actively engaged with youth. From 10:00 p.m. to 7:00 a.m., staff shall conduct visual checks on youth every 15 minutes. Henley-Young shall ensure that every cell has an operating intercom that allows youth to communicate with staff at all times.
Non-Compliance
As stated in my previous report because of the lack of staff it is very difficult for the facility to address this provision. Again I found youth were left unsupervised as stated in my previous reports and this continues to happen. During this visit youth were left on the unit, as I stated in my discussion above. On the male units youth were left in the cells without supervision and on a couple of occasions during my visit, youth were out on the units without supervision. This is extremely dangerous because youth who are angry, more impulsive and without supervision have the potential to harm themselves and other youth. This creates a major liability for the facility. On another occasion, youth were on the unit without supervision although one staff was in the tower. There were doors opened on the unit which also allows for serious things to happen between youths. This is a major area of concern and must be addressed. It continues to make me uneasy as it has during my previous visits. Review of documentation and direct observation reveals that staffing continues to be a major problem at Henley-Young. There has been no movement on this provision therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.
1. Develop adequate policies and procedures for this provision. 2. Provide adequate staffing. 3. Provide adequate staff supervision.

Evidentiary Basis Document review, observation, interviews

4 Structured Programming

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Provision 4 Structured Programming
Status Discussion
Recommendations

Henley-Young shall administer a daily program, including weekends and holidays, to provide structured educational, rehabilitative, and/or recreational programs for youth during all hours that youth shall be permitted out of their cells, pursuant to section 3.1. Programming shall include:
a. activities which are varied and appropriate to the ages of the youth;
b. structured and supervised activities which are intended to alleviate idleness and develop concepts of cooperation and sportsmanship; and
c. Supervised small group leisure activities, such as a wide variety of card and table games, arts and crafts, or book club discussions.
Non-Compliance
The facility has developed a daily schedule however because of inadequate staffing, the schedule is not followed. During my visit, I observed youth with very little to do except play cards. There were no arts and crafts programs and no structure or supervised activities. The facility still needs to develop this provision. There has been no movement on this provision therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action.
1. Continue to develop adequate policies and procedures for this provision.
2. Provide adequate schedules for weekdays and weekend programming and act on it.
3. Purchase televisions for each unit and board games for each unit. 4. Develop an adequate monthly recreation schedule with age
appropriate games and programs.

Evidentiary Basis Document review, observation, interviews

5 Individualized Treatment Plans Treatment For Post-Disposition Youth

Provision 5.1 Individualized Treatment Plans Treatment Program for PostDisposition Youth

Henley-Young shall ensure that youth have access to adequate rehabilitative services. Henley-Young shall ensure that children placed in the facility post-disposition will receive constitutionally compliant rehabilitative services.

Status

Non-Compliance

Discussion

As stated in my previous report if the facility continues the 89 day program there must be standardized method of operation. I did have a conference call with the County Administrator and the Chief Juvenile Judge Skinner as it

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Recommendations

relates to the secure and intense counseling program and advised both parties as to the needed components to make this program operational. Although the program concept has merit, to operationalize the program there will be a need for appropriate staffing, development of a therapeutic model, adequate supervision for the program, adequate educational and treatment staff for the program etc. Please review attached minutes from the conference call. There has been no movement on this provision therefore I am reiterating that the suggested actions and recommendations from my previous report be reviewed and put into action .For this program to work and become doable the proper funding to operate is needed.
1. Develop adequate policy and procedures to meet this provision. 2. Either fund properly or discontinue the 89 day program. 3. Review light weight youth in program (i.e. disturbing the family
peace) and find alternative placement for them. 4. Fund appropriate staffing to develop individualized treatment plans
for youth in 89 day program. 5. Develop and fund alternative community programming for youth in
89 day program that can be serviced in community.

Evidentiary Basis Document review, observation, interviews

Provision 5.2 Individualized Treatment Plans Treatment Program for PostDisposition Youth
Status
Discussion

Henley-Young shall ensure that youth in need of mental health and/or substance abuse treatment and/or who are in the facility post disposition shall have appropriate treatment plans developed and implemented in accordance with generally accepted professional standards of practice for mental health and rehabilitative services.
Non-Compliance
There has been no movement on this provision therefore I am reiterating the action and recommendation from my previous report below. Youth entering the facility still have no treatment plans as it relates to mental health although some youth are being seen by Hinds Behavioral Health counselors. Once a youth enters the facility and the screening shows evidence and warning signs of suicidal ideations, traumatic experiences, depressed moods, and somatic complaints etc. that are indicated by the MAYSI-2, the youth should be evaluated. However there is no documentation to show that treatment was provided based on the warning signs, there are no treatment plans available, there is no staff to implement the treatment plans if there were available at the facility and no post treatment plans developed for youth who are leaving the facility. Interviews with staff showed they were very frustrated with the lack of

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mental health services at the facility. The staff members that I interviewed were very apprehensive and frustrated about how to handle youth with identified mental health problems. In addition, there is no system in place to address youth with mental health issues or mental health behaviors. Also youth having problems within the school should at least be identified by the school i.e. special education. At this point there is no indication that any other mental health services are being provided other than those services provided by Hinds Behavioral Health.

Recommendations

1. Develop adequate policies and procedures for this provision. 2. See recommendations under (5.1).

Evidentiary Basis Document review, observation, interviews

Provision 5.3 Individualized Treatment Plans Treatment Program for PostDisposition Youth
Status

Henley-Young shall implement policies and procedures for the required content of treatment plans, which shall include;
a. That the treatment plan be individualized; b. An identification of the mental and/or behavioral health and/or
rehabilitative issues to be addressed; c. A description of any mental health, medication or medical course
of action to be pursued, including the initiation of psychotropic medication; d. A description of planned activities to monitor the efficacy of any medication of the possibility of side effects; e. A description of any behavioral management plan or strategies to be undertaken; f. A description of any counseling or psychotherapy to be provided; g. A determination of whether the type or level of treatment needed can be provided in the youth’s current placement; and h. A plan for monitoring the course of treatment, and if necessary, for revising the treatment plan. i. A description of the precise terms the of the facility’s long-term and short-term objectives for the youth, the full range of services to be provided, and procedures, and timetables and staff assignments for the implementation of such treatment plan; j. A plan for regularly engaging the family in the youth’s treatment plan; k. A comprehensive re-entry plan that will assist the youth re-enroll in their home school and access medical, mental health, vocational and rehabilitative services based in the community.
Non-Compliance

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Discussion Recommendations

The facility still has not developed policy and procedures for this provision. Please see previous report. As stated in provision 5.1, the facility still needs to develop the appropriate program structure with adequate staffing, etc. adequate therapeutic treatment, supervision, education etc. Henley-Young is still in Non-Compliance as it relates to this provision. There has been no movement on this provision therefore I am reiterating the actions and recommendations from my previous report below.
1. Develop comprehensive policies and procedures for this provision that includes the contents (A-K).
2. The County/Court shall define the criteria for the program a. It is important that post dispositional programs in other facilities be reviewed. b. Often seeing what is being done in other facilities provides insight into how to develop and operate these programs.
3. Provide dedicated staff to manage program. 4. Provide intensive training to these staff members.
a. Train staff in various treatment modalities i.e. cognition, behavioral modification, modeling, psychotherapy, reality therapy, group therapy and group dynamics and other skills required to successfully facilitate the goals of the 89 day program.
b. Create treatment teams c. Develop case planning and program development d. Assessment of the program to determine if it meets the needs
of the court placed youth. e. Assessment tool to regularly monitor the success or lack of
success of all youth in the program. 5. Provide auxiliary training to all other direct care staff.

Evidentiary Basis Document review, observation, interviews

Provision 5.4 Individualized Treatment Plans Treatment Program for PostDisposition Youth Status
Discussion
Recommendations

Henley-Young shall institute a program of periodic staff reviews every three weeks and evaluations of each youth’s progress under his/her individualized treatment plan and of the appropriateness of the plan itself and Henley-Young’s plan for such review.
Non-Compliance
There has been no movement on this provision therefore I am reiterating the actions and recommendations from my previous report below. Please see the previous report and provisions 5.1 and 5.3.
1. Develop comprehensive policies and procedures for this provision. 2. Provide training to all staff.

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3. Identify roles and responsibilities of direct care, treatment and educational staff as it relates to the staffing for 89 day program through policies and procedures and adequate funding and staffing.
Evidentiary Basis Document review, observation, interviews

Provision 5.5 Individualized Treatment Plans Treatment Program for PostDisposition Youth
Status
Discussion

Henley-Young shall develop and implement a program that provides for evening and weekend programs and activities that allow youth to engage in meaningful activities.
Non-Compliance
There has been no movement on this provision therefore I am reiterating the actions and recommendations from my previous report below. The program of the facility is at a standstill as it relates to this provision. There are very few activities on weekends therefore there is no meaningful programmatic structured/activities except for card play.

Recommendations

1. Develop comprehensive policies and procedures to meet the needs for this provision.
2. Provide adequate staffing for this program. 3. Develop a monthly recreational program with activities. 4. Keep records of activities provided and note those that were not
provided and why. 5. Purchase board games etc. 6. Hire recreational staff.

Evidentiary Basis Document review, observation, interviews

Provision 5.6 Individualized Treatment Plans Treatment Program for PostDisposition Youth
Status
Discussion

Henley-Young shall develop and implement an adequate quality assurance program.
Non-Compliance The facilities policies and procedures for an individualized treatment program for post disposition youth have not been presented or approved. Therefore, I am reiterating the actions and recommendations from my previous report below. The facility still is in need of adequate Quality Assurance program. It is very difficult to develop an effective treatment

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Recommendations

program or individualize treatment plans without an adequate review process in place.
1. Develop comprehensive policies and procedures to meet the needs for this provision for the facility, school program and SICU program.
2. Health Care: continuously assess the quality and adequacy of the health services provided, accurately evaluate the performance of staff providing health services and address identified deficiencies.
3. Recreation and Social programs: continuously assess the quality and adequacy of social and recreational programming provided; accurately evaluate the performance of staff in providing these programs.
4. Environmental Health and Safety: continuously assess the quality and adequacy of environmental health and safety, accurately evaluate the performance of staff in providing a safe and healthy environment and properly address identified deficiencies.
5. Discipline and order: continuously monitor use of discipline and promptly address misuse or over use of discipline and other identified deficiencies.
6. The facility will develop monthly performance measures to indicate achievement in the desired area.
7. Review State of Florida Quality Assurance Model and for assistance in developing contact CJCA Performance Based Standard for Juvenile Detention Programs, also use ACA standards to establish policy guidelines.

Evidentiary Basis Document review, observation, interviews

6 Due Process/Isolation/Disciplinary Practices and Procedures

Provision 6.1 Disciplinary Practices and Procedures

Henley-Young shall implement a discipline policy and practice that incorporates positive behavior interventions and supports. This policy shall include guidelines for imposing graduated sanctions for rule violations and positive incentives for good behavior.

Status

Non-Compliance

Discussion

The facility is implementing a due process behavior system which is partially complete. There is still no positive incentive program for good behavior and sanctions for rule violation. There has been no movement on this provision therefore I am reiterating that the suggested actions and recommendations from my previous report. The facility should continue to follow the recommendations from the previous report. The facility is making improvement on the due process isolation and practices. Although processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and

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standardized method of running the facility.

Recommendations

1. Develop adequate policies and procedures for this provision. 2. Develop new resident handbook. Youth are to receive these handbooks
during orientation. a) They shall include youth rights, major and minor rule violations and
the grievance policy. b) The handbook will explain to youth in their own language the rules
and shall also be explained by staff that will have them sign and date a form indicating that both processes have occurred. c) These rules shall be posted on each unit. 3. Due process rules shall be posted on each unit. 4. Develop positive behavior intervention programs. 5. Assign and train an independent person(s) to handle due process isolation hearings. The person(s) must be independent of the unit staff. 6. Ensure youth who are in isolation are provided recreation and education services.

Evidentiary Basis Document review, observation, interviews

Provision 6.2 Disciplinary Practices and Procedures
Status Discussion
Recommendations

Youth who violate major rules may be subject to cell confinement for up to 24 hours for a single rule violation. An occasion in which a youth is alleged to have contemporaneously violated multiple major rule violations shall count as a single rule violation for the purposes of this section. No youth shall be confined to a cell for longer than 8 hours for a single rule violation without receiving written notification of the alleged rule violation and the occurrence of a disciplinary review/due process hearing before an impartial staff member, which includes participation by the accused youth. Under no circumstances shall youth be subjected to involuntary cell confinement for longer than 24 hours for disciplinary purposes. Youth who are placed on cell confinement shall be released daily from their cells to attend school, maintain appropriate personal hygiene, and to engage in one hour of large muscle exercise.
Non-Compliance
There has been no movement on this provision therefore I am reiterating that the suggested actions and recommendations from my previous report be put into action.
1. Develop policies and procedures for this provision. 2. Develop sheets to place on door of any youth in confinement that
identifies the reason for confinement and is review and signed by supervisor. 3. Ensure youth in confinement receive education and recreation services. 4. See 6.1 recommendations.

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5. Provide training for all staff on these policies and procedures.
Evidentiary Basis Document review, observation, interviews

7 Use of Restraints

Provision 7.1 Use of Restraints Mechanical

Mechanical restraints shall not be used to punish youth or for the convenience of staff. Mechanical restraints shall only be used to prevent self-harm and/or harm to others, subject to section 7.4, and for transportation to and from court, subject to section 7.2.

Status

Beginning Compliance

Discussion

The facility continues to follow the policies and procedures of this provision. To move past beginning compliance, staff needs to be trained and all training documented etc. based on recommendations below.

Recommendations

1. Officers shall receive training on policy and procedures. 2. Officers shall be trained on when it is appropriate to use mechanical
restraints. 3. All training shall be documented. 4. The policy will require the documentation of any use of mechanical
restraint and use of force incidents.

Evidentiary Basis Document review, observation

Provision 7.2 Use of Restraints Mechanical
Status Discussion

Nothing in this section shall prohibit mechanical restraints from being placed on youth who are being transported to and from court or out of the facility, if staff have reason to believe that a youth presents a flight risk or is an imminent danger to the youth or others, or will engage in violent behavior. However, mechanical restraints should be removed immediately after the youth is placed in a cell and at no time shall a youth be placed in a cell wearing mechanical restraints.
Beginning Compliance
The facility continues at beginning compliance. To move past beginning compliance, staff needs to be trained and all training documented etc. based on recommendations below.

Recommendations

1. Develop and provide adequate training for this provision. 2. All training shall be documented. 3. The policy will require the documentation of any use of
mechanical restraint and use of force incidents. 4. Operationalize the edicts of this provision.

Evidentiary Basis Document review, observation

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Provision 7.3 Use of Restraints Status Discussion
Recommendations

Restraints shall not be used to secure youth to a fixed object such as a restraint chair, bed, post, or chair.
Beginning Compliance
The facility continues to be beginning compliance. I found no indication during my visit or interviews that youth were being secured to fix objects in the facility. However, to move past beginning the facility needs to follow the recommendations (2, 3 and 4) below.
1. Complete the comprehensive policies and procedures for this provision.
2. Provide training for staff within the facility as described above on this provision and provide documentation of training.
3. Develop and use a mechanical restraint log. 4. Provide training on de-escalation techniques to try to use mechanical
restraints only as a regular part of facility transport.

Evidentiary Basis Document review

Provision 7.4 Use of Restraints
Status Discussion
Recommendations

No youth shall be restrained for longer than 15 minutes, unless restraints are approved by a mental health professional or if determined to be necessary under section 7.2 or as reasonably necessary to prevent the youth from engaging in acts of self-harm or harm to others. If a youth must be restrained for longer than 15 minutes in order to prevent self-harm, that youth shall, as quickly as possible, be evaluated by a mental health professional or transported to a mental health facility.
Non-Compliance
Policy and procedures need to be developed, training etc. as it relates to this provision. There has been no movement on this provision therefore I am reiterating that the suggested actions and recommendations from my previous report be placed into action.
1. Develop comprehensive policy and procedures for this provision. 2. Provide training for staff on policy and procedures and document
training. 3. Provide training on de-escalation techniques. 4. Develop Mental Health protocols for this provision.

Evidentiary Basis Document review

Provision 7.5 Use of Restraints
Status

Henley-Young shall not use, or allow on the premises, restraint chairs, chemical restraints and/or tasers.
Beginning Compliance

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Discussion Recommendations

Although the facility does not have a restraint chair or chemical restraints there is a major concern regarding deputies from Hinds County entering the facility and youth being tased by an officer, as I discussed in my introduction. As stated in my introduction the incident should have been addressed prior to the Hinds County Sheriff’s Department being called. A review of the video reveals that there was a long period of time possibly an hour or more that the youth was allowed to act out and at no time did staff intervene or try to physically stop youth from the violent outburst and the destruction of property. Staff at this point needs to be trained or retrained on de-escalation and restraint techniques. The video also reveals that the youth should not have been tased. This is very disturbing and should be addressed as soon as possible so as not to be repeated in the future. Although there may be times when an outside agency should be called this time it was unnecessary because staff was present. In the future, any persons entering the secured institution should either store or secure all weapons including tasers, guns etc., before entering the institution. This was a major violation of the settlement agreement. Further, the facility has developed policy and procedure that prohibits the use of tasers by officers however Hinds County violated its own policy in the December 25, 2012 incident. Hinds County Sheriff Deputies entered the facility and used a taser on a youth. The County should ensure that this policy is followed as it has violated the provision and agreement and this should never repeat itself.
1. Provide training for staff on policies. 2. Document all training provided to all staff. 3. Retrain staff when deemed necessary.

Evidentiary Basis Document review, video

Provision 7.6 Use of Restraints Status Discussion
Recommendations

Henley-Young shall not subject youth to “hogtying,” which is the practice of placing a youth face down on a bed, floor, or other surface, and securing the youth’s hands to his feet.
Beginning Compliance
I still find no indication that the facility is violating this provision. The facility does have policy and procedure developed however there is still a need for training of staff and documentation of all training of staff. See recommendations below.
1. Provide training for staff on policies 2. Document all training provided to all staff.

Evidentiary Basis Document review

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Provision 7.7 Use of Restraints Status Discussion
Recommendations

When a youth is placed in mechanical restraints, staff must provide one-onone supervision for the duration of the restraint, except when mechanical restraints are deemed to be necessary for the reasons specified in section 7.2.
Non-Compliance
There has been no movement on this provision therefore I am reiterating that the suggested actions and recommendations from my previous report below be reviewed and followed.
1. Develop comprehensive policy and procedures for this provision. 2. Provide training for staff on policies and procedures. 3. Document all training provided to all staff.

Evidentiary Basis Document review

Provision 7.8 Use of Restraints Status Discussion
Recommendations

Henley-Young shall notify a medical professional whenever a youth is placed in mechanical restraints for reasons other than those specified in section 7.2. A medical professional shall examine the youth as soon as possible after restraints are removed, except when the youth was restrained for the reasons specified in section 7.2.
Non-Compliance
The facility has not developed policies and procedures for this provision. The provision still needs to be addressed. During my interviews and review of documentation I found no indications that a medical examination is being completed after a restraint or anytime during a restraint. It should be noted that I found no medical exam after the taser incident and no documentation that youth was transported to a medical facility. There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report be followed. Although the facility has developed policy and procedure that prohibits the use of tasers for officers, this did not happen in the December 25, 2012 incident. Hinds County Sheriff’s Deputies entered the facility and used a taser on a youth. The County should ensure that this policy is followed as it has violated this provision and agreement.
1. Develop comprehensive policies and procedures for this provision. 2. Provide training for on policies and procedures. 3. Document all training provided to all staff.

Evidentiary Basis Document review

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Provision 7.9 Use of Restraints Status Discussion
Recommendations

Hinds County does not currently and shall not in the future allow officers to enter the secure detention area of the facility with any electronic restraints, including, but not limited to, tasers.
Beginning Compliance
As stated in provision 7.5, although the facility has developed policy and procedure that prohibits the use of tasers for officers, this did not happen in the December 25, 2012 incident. Hinds County Sheriff’s Deputies entered the facility and used a taser on a youth. The County should ensure that this policy is followed as it has violated this provision and agreement.
1. Provide training for staff on policy. 2. Document all training provided to all staff.

Evidentiary Basis Document review

Provision 7.10 Use of Restraints Status
Discussion
Recommendations

Henley-Young is required to ensure that no officer enters the secure detention area of the facility with a firearm.
Beginning Compliance
The facility has developed policy and procedures for this provision.
1. Provide training for staff on these policies and procedures. 2. Document all training provided to all staff. 3. Have signs displayed at all entrances.

Evidentiary Basis Observation

8 Use of Force

Provision 8.1 Use of Force

Physical force shall not be used to punish youth. Staff shall only use physical force to stop youth from causing serious physical injury to self or others or to prevent an escape. If physical force is necessary, staff must use the minimum amount required to safely contain the youth. Whenever possible, staff shall avoid the use of force by first attempting verbal deescalation techniques. Staff shall be required to fully document in writing every instance of use of force.

Status

Non-Compliance

Discussion

As stated in my previous report, there is still inappropriate physical force used and there is no indication that any formal verbal de-escalation techniques are used prior to the use of physical force. An example would be on January 20, 2013 the video incident regarding youth Z.B. showed staff members made little attempt to de-escalate this youth and another officer who engaged the youth, inappropriately physically managed him. I found no documentation or report that youth was seen by medical professional

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Recommendations

after restraint. In addition, based on my review of the incident regarding youth Z.B. there should be immediate corrective action regarding the staff member who initiated the physical restraint of this youth. Also, the other three staff members in the video should be retrained on de-escalation techniques. There has been no movement on this provision therefore I am reiterating the actions and recommendations from my previous report below. The key in this policy is that staff needs a major training curriculum that will contain constant documentation of the continuing training on deescalation techniques and behavioral modification techniques that precede any need for use of force. In other words, there should be a structure that captures the flow of incidents that occur as it relates to physical force. Incident reports should provide a picture of what occurred, prior to, during and post incident. This provides the administration with a clear understanding of the sequence of events and whether staff followed protocol and prescribed by the policies and procedures set forth. During my interviews with the residents, there were still complaints that staff members use profane language with them and make inappropriate derogatory statements to them. When interviewing staff members they also said that the residents cursed at the staff. When these behaviors continue in the facility it lends itself to a hostile environment for all concerned. This is why the training of staff in youth rights, ethical behavior around youth, de-escalation and behavior modification is so important to the operations to the facility. Further, it is incumbent on the staff to direct the residents in the way of respectful and acceptable behavior. It is in this vein that youth be trained in good social skills, which will help them to learn how to respond in a respectful manner. This helps to reduce the need for use of force. Also youth who are receiving mental health services should never be handcuffed unless approved by a medical or mental health professional.
1. Develop policy and procedures for this provision. 2. Provide training for on policies and procedures 3. Document all training provided to all staff. 4. Adapt an appropriate curriculum for training staff on the use of
verbal de-escalation skill and safe use of physical restraints or mechanical restraints. 5. Contact the National Partnership for Juvenile Justice for recommendations on training program in this area. 6. Document and file report when there is use of force.

Evidentiary Basis Document review, interviews

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Provision 8.2 Use of Force Status Discussion
Recommendations

Henley-Young shall notify a medical professional, including but not limited to the licensed practical nurse on duty whenever physical force is used against a resident. A medical professional shall examine a youth immediately after the use of physical force.
Non-Compliance
This provision is still Non-Compliance based on documentation review, observations, and interviews. There has been no movement on this provision therefore I am reiterating the actions and recommendations from my previous report be reviewed and followed. It is also important that appropriate staff be put in place to man the facility 24/7. In my interview with the facility director and the county administrator, they explained that they are working on procuring a contract for medical services to meet the demands of this provision, which will provide the necessary bodies and services to the facility. Once the contract is implemented the County should ensure that policies and procedures are developed that meet the medical standards and needs of the residents in the facility.
1. Complete procurement of services as quickly as possible. 2. Develop comprehensive policies and procedures for this provision. 3. Provide training to staff on policies and procedures. 4. Document all training provided to all staff. 5. Review nursing schedule and provide more hours at facility. 6. Provide written documentation of examination of youth by medical
professional in every instance. 7. Provide additional medical services after hours and on weekends. 8. Document and file in youth records when there is use of force.

Evidentiary Basis Document review, observation

9 Meals and Nutrition

Provision 9.1 Meals and Nutrition

Youth shall be provided three meals and a snack daily. If a youth misses a meal because he or she is attending court, or some other appointment, he or she shall receive the missed meal upon his or her return to detention.

Status

Non-Compliance

Discussion

The provision is still Non-Compliance until there is policy and procedures developed. There has been no movement on this provision therefore I am reiterating the actions and recommendations from my previous report below. When I return for my next visit, I would like to meet with the food service supervisor and the County’s dietitian to ensure that the food portions meet the prescribed dietary needs of the residents. In my experience in managing the National School Lunch Program, we found that although the program calls for specific guidelines, portions they have established are pre cooked. For example, a 6 oz. hamburger

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becomes 4 oz. once it is cooked. This means that the planned meal becomes inadequate. These are the type of issues I will be discussing.

Recommendations

1. Review portions to ensure youth receive enough food during meals. 2. Develop policy and procedures for this provision. 3. Provide training for kitchen staff and all other staff members
involved with handling food and preparing meals.

Evidentiary Basis Document review, observation, interviews

Provision 9.2 Meals and Nutrition Status
Discussion

All meals and snacks served to youth at Henley-Young shall, at a minimum, comply with the nutrition guidelines set forth in the United States Department of Agriculture’s School Meals Program standards.
Beginning-Compliance
There has been no movement on this provision therefore I am reiterating the actions and recommendations from my previous report. The facility still needs to fully develop policy and procedure for this provision. See provision 9.1. Though processes have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and standardized method of running the facility.

Recommendations Develop policy and procedures for this provision.

Evidentiary Basis Document review, observation, interviews

Provision 9.3 Meals and Nutrition Status
Discussion

Youth shall be provided access to drinking water throughout the day.
Beginning Compliance
The facility has not replaced the functioning water fountains, therefore, I am reiterating the actions and recommendations from my previous report that shall be reviewed and followed. I have reviewed documents which show the County has conducted an environmental test on the water system and concluded it safe. There is still water available to the residents through the Igloo coolers that have been purchased and this provision remains at beginning compliance based on my last report. It should be noted that youth continue to complain of not being allowed to have water after outdoor recreation and during school.

Recommendations

1. Contact County or State Environmental office to conduct test on water system. (Done)
2. Ensure youth receive water during school and recreational periods

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and at night. 3. Develop a policy for incidents regarding water quality and
procedures to address them. 4. Repair inoperable drinking fountains.
Evidentiary Basis Document review, observation, interviews

10 Clothing Provision 10 Clothing Status Discussion
Recommendation

Henley-Young shall provide basic clothing items for youth at all times. These items must include, at a minimum, socks, underwear, uniform, shoes, and undershirts. For girls, these items must also include a brassiere. When appropriate, Henley-Young shall also provide youth with a coat, hat, and gloves. Youth must be provided with a clean uniform, socks, undershirt, underwear, and brassiere, if applicable, upon intake and at least once per day. No youth shall be deprived of these basic clothing items for any reason, including, but not limited to, as a punishment, because these items are being washed, or due to overcrowding.
Non-Compliance
Based on this February visit, the facility has purchased a new dryer and the washer is operational. However, youth are still being provided with clothes that are torn, dingy and not clean. In my discussions with the residents they complained that their clothes were dingy with heavy stains and their underwear and sock were filled with holes. I later went to the laundry room and checked the clothing for myself, and found that the youth’s statements were true. The facility must develop a system for discarding (torn or wearworn sheared) clothing. In addition, it is recommended that clothing is prewashed which would loosen the soil in the clothing in particular the white clothing (i.e. undergarments). There also has to be a system for replacing clothing on a regular and consistent basis. There has been some movement on this provision therefore I am reiterating the action and recommendation from my previous report below.
1. Develop policies and procedures to adequately address this provision.
2. Check washer and dryer to ensure they are working properly. 3. Ensure that girls and boys are equally involved in cleaning and
folding clothes. 4. Hire 2 laundry staff to ensure clothing is handled properly. 5. Ensure that all staff and youth wear protective material (smocks and
gloves) when handling chemicals. 6. Discard clothing that is torn, dingy and in poor condition. 7. Develop a system for replacing clothing on a regular and consistent
basis. 8. Develop schedule for distribution.

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9. Develop a system for prewashing clothing (i.e. undergarments etc.)
Evidentiary Basis Document review, observation, interviews, photographs

11 Hygiene and Sanitation

Provision 11.1 Hygiene and Sanitation

Youth shall be provided with the means to maintain appropriate hygiene, including soap and shampoo for showers, which will occur at least once daily, soap for washing hands after each time the youth uses the toilet, and toothpaste and a toothbrush for tooth brushing, which will occur at least twice daily, a comb and brush, that if shared, shall be sterilized between uses by youth. Girls must be provided with panty liners on a daily basis and other feminine products as needed. Youth will be issued a comb and brush upon entering the facility; however, if youth are issued a recycled comb or brush or a comb or brush that has been used by another youth, HenleyYoung shall ensure that the comb and brush is sterilized and in good condition.

Status

Non-Compliance

Discussion

During my visit this February my observations and interviews revealed that youth did not have individual toothpaste and all youth were using the same toothpaste. All toothpaste was being dispensed from one tube which is highly unsanitary. According to interviews with youth and staff they have been without individual toothpaste for a month. I observed the system at 5 am and found this to be true. There has been no movement on this provision therefore I am reiterating the action and recommendation from my previous report should be reviewed and followed.

Recommendations

1. Develop adequate policies and procedures for this provision. 2. Ensure that hygiene kits are properly labeled and youth are not
using each other’s hygiene products or items. 3. Ensure items such as hair brushes, if shared, are sterilized and in
good condition. 4. Provide training for staff on these policies and procedures. 5. Ensure that clean face towels are available for youth. 6. Develop a schedule for distribution of hygiene kits.

Evidentiary Basis Document review, observation, interviews

Provision 11.2 Hygiene and Sanitation
Status

Youth shall be provided with sleeping mats and blankets that are clean and odorless sleeping mats shall be sanitized between uses by youth, and youth shall receive clean blankets weekly.
Non-Compliance

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Discussion Recommendations

Policy and procedure still needs to be developed. Please see previous report with the exception that a dryer has been purchased and is operational. I will review upon my next visit if clothing and blankets are cleaned and sleeping mats are sanitized.
1. Develop policies and procedures for this provision and train staff on them.
2. Discard all blankets and mattresses that are tattered and have holes in them.
3. Clean and maintain laundry area in orderly fashion. 4. Label and designate an area for towels, sheets, clothing etc.

Evidentiary Basis Document review, observation

Provision 11.3 Hygiene and Sanitation Status Discussion
Recommendations

Under no circumstances shall youth be deprived of mats and blankets.
Non-Compliance There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report shall be reviewed and followed.
1. Develop comprehensive policies and procedures for this provision 2. Provide training to staff on policy and procedure.

Evidence

Observation

Provision 11.4 Hygiene and Sanitation Status
Discussion
Recommendations

Henley-Young shall maintain a sufficient number of clean, sanitary mats and blankets that correspond with the facility’s maximum capacity.
Non-Compliance See discussions in provisions 10 and 11.3
See discussions in provisions 10 and 11.3

Evidentiary Basis Observation

Provision 11.5 Hygiene and Sanitation
Status

Youth shall be provided with a clean, sanitary environment. Beginning Compliance
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Discussion Recommendations

The facility continues to make improvement environmentally on the physical plant. The facility is much cleaner and does not have the stark look of an institutional place; and it has become more aesthetically pleasing. However the facility still needs to follow the recommendation below. There has been some movement on this provision however I am still reiterating the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures for this provision. 2. See areas in discussion that should be addressed. 3. Develop housekeeping and cleaning schedule. 4. Develop checklist or inspection report for each unit and area. 5. Develop work order system to ensure that when problem arise they
are addressed. 6. Develop corrective action plans as needed. 7. Provide training for staff on policy and procedures. 8. Ensure delivered food items are dated and rotated from old to new.

Evidentiary Basis Document review, observation, interviews

Provision 11.6 Hygiene and Sanitation Status
Discussion

Hinds County shall ensure that Henley-Young complies with relevant law regarding fire safety, weather emergencies, sanitation practices, food safety, and the elimination and management of environmental toxins.
Non-Compliance
There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report be reviewed and followed.

Recommendations

1. Develop policies and procedure and plans for fire safety, evacuation etc.
2. Develop adequate staff training regarding fire safety. 3. Properly maintain and repair fire equipment. 4. Ensure intercom systems are operating properly. 5. Ensure all mattresses used by youth are fire resistant. 6. Routinely test all fire equipment and system. 7. Ensure that all electrical outlets, wires and equipment (lights) are
properly working. 8. Develop work order system to ensure items are repaired. 9. Ensure that all areas in this provision are addressed by a certified
professional.

Evidentiary Basis Document review, observation

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Provision 11.7 Hygiene and Sanitation Status Discussion
Recommendations

Youth shall be provided with clean drinking glasses and eating utensils.
Non-Compliance During my visit to the facility, I did not find and did not receive any reports of unclean drinking glasses or eating utensils. Because the facility’s policy on clean drinking glasses and eating utensils has not been received and approved, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. Develop policies and procedures for this provision.

Evidentiary Basis Document review, observation

12 Medical Care

Provision 12.1 Medical Care

The parties agree, however, that henceforth, Henley-Young shall provide youth with adequate medical care, including: prompt screenings; a full physical exam within 72 hours after their detention hearing or disposition order, as applicable; access to medical professionals and/or prescription medications when needed; and prompt transportation to a local hospital in the case of a medical emergency. Hinds County is responsible for procuring and/or paying for all medications provided to residents.

Status

Non-Compliance

Discussion

The county is soliciting proposals for medical providers to provide medical care for the youth. However, no contract has been signed. It still has responsibility to maintain medical/medication and all other needs to residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.

Recommendations

1. Develop policies and procedures for this provision. 2. Develop policies and procedures and protocols based on standards
for Health Services in Juvenile Detention and Confinement facilities. 3. Provide training for staff members who administer medication to youth on proper usage and possible side effects. Also, train the staff on emergency protocols if side effects occur. 4. Have a licensed medical professional review and sign off on policy and procedures. 5. Have a licensed health professional periodically review and provide supervision to the nurse at facility. 6. Develop forms to coincide with provision. 7. Remove medication from bags and place them in secure, organized areas and develop forms to determine what medications are present

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in the facility at all times. 8. Hire or have on contract a physician to review medical area. 9. Ensure that youth receive vision exams, dental screenings, mental
health screenings, hearing tests, etc.
Evidentiary Basis Document review, observation, interviews

Provision 12.2 Medical Care Status Discussion
Recommendations

Henley-Young shall ensure that a medical professional is available to examine youth confined at the facility to identify and treat medical needs, when necessary.
Non-Compliance
The county is soliciting proposals for medical providers to provide medical care for the youth. However, no contract has been signed. It still has responsibility to maintain medical/medication and all other needs to residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Hire qualified medical professional for nights and weekend care. 2. Develop policies and procedures for this provision. 3. Provide training for staff on this provision.

Evidentiary Basis Document review, observation, interviews

Provision 12.3 Medical Care Status Discussion
Recommendations

Henley-Young shall implement its sick call policy and practice which ensures that confined youth who request non-emergency medical attention are examined by a medical professional within 24 hours of a youth placing him or herself on sick call, excepting weekends and holidays.
Non-Compliance
The county is soliciting proposals for medical providers to provide medical care for the youth. However, no contract has been signed. It still has responsibility to maintain medical/medication and all other needs to residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures for this provision. 2. Place a kite box on each unit. 3. Provide training for staff on this provision. 4. Nurse or designated person, making daily rounds to retrieve kites
(Request for Medical Service Forms).

Evidentiary Basis Document review, observation, interviews

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Provision 12.4 Medical Care Status Discussion
Recommendations

Prescription medications shall only be distributed by licensed medical staff or Henley-Young staff who has been trained by licensed medical personnel.
Non-Compliance
The county is soliciting proposals for medical providers to provide medical care for the youth. However, no contract has been signed. It still has responsibility to maintain medical/medication and all other needs to residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures to address this provision. 2. These policies and procedures must include the appointment of a
medication administration protocol. 3. There must be a medication record of all medicines administered.
a. One record to reflect all medicines leaving the pharmacy; b. An additional record kept in each youth’s case file. 4. Ensure that the training is comprehensive make certain that all medical contingencies are considered. 5. The staff should be trained on what side effects to look for drugs commonly prescribed to youth with mental health needs. 6. Provide training to staff on the policy and procedures for this provision. 7. All training should be documented and conducted annually.

Evidentiary Basis Document review, observation, interviews

Provision 12.5 Medical Care Status Discussion
Recommendations

Medical and mental health services shall be provided in a manner that ensures the confidentiality of youth’s health information.
Non-Compliance
The county is soliciting proposals for medical providers to provide medical care for the youth. However, no contract has been signed. It still has responsibility to maintain medical/medication and all other needs to residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures to address this provision. 2. Get HIPAA requirements and institute them the facility. 3. Designate the persons who have access to the youth’s medical
records within the facility and outside of the facility, but within the juvenile justice system. 4. Provide training to staff on policies and procedures. 5. Provide training to staff on HIPAA requirements, and document

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training. 6. Designate a HIPPA Privacy Officer.
Evidentiary Basis Document review, observation, interviews

Provision 12.6 Medical Care Status Discussion
Recommendations

Henley-Young shall develop procedures for monitoring youth who require individualized attention because of medical issues that do not involve requiring the youth to sleep on a mat in the visitation room.
Non-Compliance
The county is soliciting proposals for medical providers to provide medical care for the youth. However, no contract has been signed. It still has responsibility to maintain medical/medication and all other needs to residents. On this provision, I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures to address this provision. 2. Develop processes of continuous monitoring youth with stable
medical issues, i.e. the care for a diabetic youth who are on an insulin regiment.
a. What are the medical requirements of the youth who need monitoring?
b. Who is responsible for the monitoring? c. How are the records kept of the monitoring? 3. Provide training to staff on the policies and procedures for this provision. 4. Annual competency training.

Evidentiary Basis Document review, observation

13 Mental Health Care

Provision 13.1 Mental Health Care

Henley-Young’s contractor, Hinds Behavioral Health Services, shall provide adequate mental health services to all confined youth with a mental health diagnosis or serious mental health need, as indicated by the MAYSI2. This shall include, but is not limited to, the provision of individual and group counseling sessions upon the request of a youth or the youth’s parent/guardian, access to a mental health professional at the detention center, and the distribution and medical monitoring of psychotropic medications by a medical professional.

Status

Non-Compliance

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Discussion Recommendations

There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report should be reviewed and followed. It is without question that there are youth entering this facility that need access to structured mental health services (i.e. youth S.A.) which was played out on the 12-25-12 video.
1. Ensure that the facility has a Standardized Assessment Tool i.e. the MAYSI-2 to use during the intake process.
2. Develop policies and procedures to address this provision. 3. Provide training to staff on policies and procedures and provide
documentation of training. 4. Develop documentation that will track youth’s progress during their
stay at facility.

Evidentiary Basis Document review, observation, interviews

Provision 13.2 Mental Health Care
Status
Discussion

Youth who are confined for longer than thirty (30) continuous days and who are prescribed psychotropic medications, shall be evaluated by a psychiatrist every thirty (30) days. Such evaluations may be performed by and through employees of Hinds Behavioral Health.
Non-Compliance
There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.

Recommendations

1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures.

Evidentiary Basis Document review, observation, interviews

Provision 13.3 Mental Health Care
Status Discussion
Recommendations

Within 72 hours of a youth’s admission to the facility, staff shall develop individual mental health treatment plans for youth who are under the care of a mental health provider. Treatment plans shall emphasize continuity of care and shall ensure that whenever possible, youth are transported to appointments with their regular mental health provider, whether the appointments are standing or made after the youth’s initial detention.
Non-Compliance
There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policies and procedures.

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3. Policies and procedures shall be reviewed and signed by a licensed mental health professional (psychiatrist, etc.).
Evidentiary Basis Document review, observation, interviews

Provision 13.4 Mental Health Care Status Discussion
Recommendations

Henley-Young shall develop and implement policies and procedures for referring youth in need of psychiatric services to a licensed psychiatrist for a timely mental health evaluation. Such services may be provided by and through employees of Hinds Behavioral Health.
Non-Compliance
There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures to address this provision. 2. Provide and document training to staff on policies and procedures.

Evidentiary Basis Document review, observation, interviews

Provision 13.5 Mental Health Care
Status Discussion Recommendations

Hinds County shall employ or contract for sufficient psychiatric services to permit a psychiatrist to fulfill the following functions:
a. conduct needed psychiatric evaluations prior to placing youth on psychotropic medications;
b. Monitor, as appropriate, the efficacy and side effects of psychotropic medications;
c. Participate in treatment team meetings for youth under the psychiatrist’s care;
d. Provide individual counseling and psychotherapy when needed; e. Evaluate and treat in a timely manner all youth referred as
possibly being in need of psychiatric services; and f. Provide adequate documentation of treatment. g. All evaluations and services outlined above may be performed
and/or provided by and through employees of Hinds Behavioral Health or any other duly qualified Mental Health agency.
Non-Compliance
There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures to address this provision. 2. Provide training to staff on policy and procedures and document
training.

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Evidentiary Basis Document review, observation

Provision 13.6 Mental Health Care Status Discussion
Recommendations

The psychiatrist and/or counselors shall review, if necessary, incident reports, disciplinary reports, suicide watch logs, and lockdown logs of youth under their care to determine whether their treatment is working and, if not, how it should be modified.
Non-Compliance
There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. The mental health of the youth in the custody of the facility needs to be closely monitored at all times.
2. The facility needs to develop policies and procedures to address this provision.
3. Provide and document training to staff on policies and procedures and document training.
4. Facility needs documentation from a mental health organization on plan of action for youth receiving a mental health services.

Evidentiary Basis Document review, observation

14 Suicide Prevention

Provision 14.1 Suicide Prevention

Henley-Young shall develop a multi-tiered suicide prevention policy that has at least three stages of suicide watch. Suicide watch shall not be used as punishment. The “suicide cell” shall be reserved for youth for whom the “suicide cell” is deemed necessary in conjunction with this suicide prevention policy.

Status

Non-Compliance

Discussion

There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.

Recommendations

1. Develop policies and procedures to address this provision. 2. Provide and document training for staff on policy and procedure.

Evidentiary Basis Document review, observation

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Provision 14.2 Suicide Prevention

Any youth placed on the highest level of suicide watch shall be evaluated by a mental health professional, ideally within 12 hours, but in no case longer than 24 hours of his or her placement on suicide watch. If a youth on the highest level of suicide watch is not evaluated by a mental health professional within 24 hours, the youth shall immediately be transported to a local mental health facility or emergency room for evaluation and/or treatment.

Status

Non-Compliance

Discussion

There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.

Recommendations

1. Develop policies and procedures to address this provision. 2. The facility needs mental health professionals to help develop these
policies and procedures as they are the authorities in this area. 3. Provide training for staff on policies and procedures and document
training. 4. Identify a mental health agency to help develop policies, procedures
and protocols.

Evidentiary Basis Document review, observation

Provision 14.3 Suicide Prevention

Youth on suicide watch shall participate in recreation, school, and any other structured programming. Youth shall not be required to wear a “suicide gown” unless locked in a cell. Staff shall closely monitor youth on suicide watch, which includes logging activities every 15 minutes.

Status

Non-Compliance

Discussion

There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.

Recommendations

1. Develop policies and procedures to address this provision with the assistance of a mental professional.
2. Provide and document training for staff on policies and procedures.

Evidentiary Basis Document review, observation

Provision 14.4 Suicide Prevention

When a youth is placed on any level of suicide watch, a report shall be made within 24 hours to the youth court, as well as to the youth’s guardian, and his or her defense attorney.

Status

Non-Compliance

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Discussion Recommendations

There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures for making and distributing the reports in this provision
2. Provide training for staff on policies and procedures and document training.

Evidentiary Basis Document review, observation

15 Family Support and Interaction

Provision 15.1 Family Support and Interaction

Visitation shall not be restricted or withheld from youth unless the detention center director determines that a visit will violate the security of HenleyYoung or will endanger the safety of residents, visitors, or staff. Visitation should not be restricted as a form of punishment.

Status

Beginning Compliance

Discussion

The facility has done a very good job of developing policies and procedures for the visitation process. During my review I monitored the new visitation process on Wednesday and again on Sunday. The process works very well. The parents I interviewed were very happy about the ability to visit their child in an unrestricted environment. The process now is aligned with best practices as it relates to juvenile justice and should be continued.

Recommendations

1. Develop policies and procedures for this provision. 2. Provide and document training for staff on policies and procedures.

Evidentiary Basis Document review, observation

Provision 15.2 Family Support and Interaction Status Discussion
Recommendations

Within 90 days of the effective date of this Settlement Agreement, HenleyYoung shall provide accommodations that allow youth to have contact visits with their families.
Beginning Compliance
Again, the visitation process was in place on the two evenings I observed. The policy is being changed to better accommodate families, which will be on Wednesdays, Saturdays and Sundays instead of Tuesdays, Thursdays and Sundays. The facility should however ensure that there is enough staff available for the process to continue in this positive direction.
1. Develop policies and procedures to address this provision. 2. Identify area where contact visitation will take place. 3. Provide and document training for staff on policies and procedures.

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Evidentiary Basis Document review, observation

Provision 15.3 Family Support and Interaction
Status Discussion
Recommendations

Visitation shall be regularly scheduled at least three times per week, which shall include evening and/or weekend visitation times in order to encourage family visitation. Henley-Young shall permit the minor siblings of confined youth to participate in visitation, as long as the minors’ parent or guardian is present during the visit and the siblings are not harmful to the youth who is detained at Henley-Young. Henley-Young shall also permit a confined youth’s own child (ren) to participate in visitation
Beginning Compliance
The facility has developed policies and procedures for this provision and visitation is scheduled for three times weekly. However as stated in my previous provisions, as it relates to this section, facility must ensure that there is proper staffing available for the visitation process.
1. Develop policies and procedures and practices to address this provision.
2. Provide and document training for staff on policies and procedures.

Evidentiary Basis Document review, observation

Provision 15.4 Family Support and Interaction Status Discussion
Recommendations

Youth may receive phone calls from their attorneys. At the discretion of the Director or assignee, in emergency situations, youth may receive phone calls from parents, primary caretakers, or legal guardians. Emergency phone calls and phone calls from attorneys should not be restricted as a form of punishment
Non-Compliance
The facility still needs to develop policies and procedures for this provision. There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures and practices to address this provision.
2. Provide and document training for staff on policies and procedures.

Evidentiary Basis Document review, observation

16 Miscellaneous Provisions

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Provision 16.1 Miscellaneous Provisions Status
Discussion

Male and female youth shall be provided with equal access to educational and rehabilitative services, medical care, and indoor and outdoor recreation.
Non-Compliance
There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.

Recommendations

1. Develop policies and procedures and practices for this provision. 2. Cease in the designation of female residents as being solely
responsible for laundry; this is a duty male residents can perform as well as females. 3. Develop monthly recreational schedules. 4. Develop comprehensive facility schedules. 5. Provide training for staff on policies and procedures and document training.

Evidentiary Basis Document review, observation, interviews

Provision 16.2 Miscellaneous Provisions Status Discussion
Recommendations

The parties agree, however, that henceforth: All youth shall have the opportunity to engage in at least one hour of large muscle exercise a day.
Non-Compliance
Youth are still in their cells and there is still the lack of appropriate staffing and the lack of an organized facility and recreational schedules. There has been no movement on this provision therefore I am reiterating that the actions and recommendations from my previous report should be reviewed and followed.
1. Develop policies and procedures and implement practices to address the needs of this provision.
2. Develop and implement programming and recreational schedules. 3. Provide and document training for staff on policies and procedures.

Evidentiary Basis Document review, observation, interviews

Provision 16.3 Miscellaneous Provisions
Status

Henley-Young shall implement a policy which prohibits staff from insulting youth or calling them names, and using profanity in the presence of youth
Non-Compliance

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Discussion Recommendations

Staff still needs training on proper de-escalation techniques to ensure they are following the recommended policies and procedures as it relates to the use of profanity etc. During my interviews youth complained that staff was still using derogatory statements towards them which is an area that the administration should review and provide additional supervision to assure that this does not occur. There has been no movement on this provision therefore I am reiterating the action and recommendation from my previous report and see December 25, 2012 incident. In addition, as stated in my introduction, it is recommended that when there is an allegation or complaint from youth that involves staff there must be an investigation by a non-partial individual. This individual(s) should report to the County Administrator or their designee. This would help to reduce any level of favoritism or bias and would provide a level of objectivity to the process.
1. Develop policies and procedures and practices to address the needs of this provision.
2. Provide training to staff in the proper de-escalation techniques of youth.
3. Administration must provide enough supervision to reduce or eliminate insulting behavior by staff.
4. Discipline and retrain staff as needed. 5. Provide training for staff on policies and procedures and document
training. 6. Hire an independent person to investigate allegations of abuse or
complaints regarding staff by youth.

Evidentiary Basis Document review, observation, interviews, video review(s)

Provision 16.4 Miscellaneous Provisions
Status
Discussion

Henley-Young shall implement an adequate grievance policy that is accessible to all youth regardless of literacy levels, and that provides youth with the opportunity to appeal facility level determinations. Youth shall obtain the grievance forms from the school liaison.
Beginning Compliance
The facility does have a grievance process in place. However during my interview with the residents had no confidence in the grievance process. One resident stated that “sometimes we ask for grievance forms and they (the staff) won’t give them to us.” Another resident said that, “I filled two grievances and got no response on the grievances.” My review of the grievances revealed that even if the resident filed a grievance there was no disposition to resolve the matter. The facility must ensure that there is openness to the grievance process so that the resident will feel confident in the system. Also the Resident’s Grievance Resolution Report should be given to the resident for a signature and their response to the outcome. If the resident disagrees with the resolution the resident has the right to appeal the
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decision to the director.

Recommendations

1. Place grievance boxes on each unit and school, residents should not be required to request a grievance form.
2. Provide training for staff on policies and procedures and document training.
3. Provide training for youth on policies and procedures and document training.
4. Ensure that youth are adequately familiarized with the grievance process during their orientation into the facility
5. Add a place on the Resident’s Grievance Resolution Report for a resident to request an appeal and place for the Director’s resolution.
6. Ensure Resident’s Grievance Resolution Reports are provided to the resident for their signature and their response to the outcome. If the resident disagrees with the resolution the resident has the right to appeal the decision to the director.

Evidentiary Basis Document review, observation, interviews

Provision 16.5 Miscellaneous Provisions
Status Discussion

Hinds County denies that Henley-Young does not currently have an adequate policy whereby youth can request to see their attorney and/or Youth Court counselor. The parties agree, however, that henceforth: Henley-Young shall develop and implement an adequate policy that allows youth of all ages and literacy levels with the opportunity to request to see their attorney and/or Youth Court counselor. Youth shall obtain the form requesting a visit from his/her counselor from the school liaison. HenleyYoung agrees to collaborate with the Plaintiffs to design and implement a comprehensive juvenile justice pre-service and in-service training program for detention center staff. Training shall include, but is not limited to, the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.
Non-Compliance
There has been no movement on this provision therefore I am reiterating the action and recommendation from my previous report below. . Doing my review of incident reports, I found that some reports were typed and others written. I also found that there are various incident reporting forms used to document incidents. An example would be the facility uses Resident Incident Report / Use of Force forms. However, the school uses HYJJDC School Reporting Document forms for incident reporting. The bottom line
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is there should be one standard Incident Reporting form and system used by the facility.

Recommendations

1. Develop policies and procedures and practices for this provision. 2. Provide and document training for staff on policies and procedures. 3. Develop single form and system for incident reporting.

Evidentiary Basis Observation, interviews

Conclusion
This is my third official visit to the Henley-Young Detention Facility. As stated in my previous reports, the facility has made some improvements but still has a long way to go. Based on my third visit the facility has made several improvements to move the facility to beginning compliance with 4 more provisions. In my introduction, I stated that although processes on a few provisions have begun, it is vitally important that policy and procedures are developed to ensure a consistent, comprehensive, and standardized way of running the facility. In addition, the facility is cleaner and more aesthetically pleasant. The facility should continue to repair areas that remain damaged, need painting, in need of lighting and in need of refurbishing. The provisions which relate to medical, mental health, staffing, treatment, suicide prevention, clothing, use of force, cell confinement, and use of restraint remain in non-compliance and are still major liability areas. As stated in my last report, the County Administrator is on the right path but will need a great deal of assistance from all stakeholders (i.e. court, County Supervisors, Jackson Public Schools and the State of Mississippi). I would direct the County to the conclusion in my second report which is still germane for this report. Finally, although the facility has a ways to go, I commend them for developing a visitation program that is functional even though the staff had to be maneuvered around to meet the beginning compliance of the provisions on visitation. To pull this off with limited staff is a milestone. However, without additional staff this could become temporary. The County must support the facility’s efforts and continue to build on it. As stated, in my introduction and in provision 16.4, the County must hire an independent person(s) to investigate allegations of abuse or complaints regarding staff by youth. The facility must also develop one system for documentation for school and facility staff that must be legible. Regardless of how accurate or useful and observation may be, it has no value to others unless it is recorded legibly. As stated in provision 16.5 Doing my review of incident reports, I found that some reports were typed and others written. I also found that there are various incident reporting forms used to document incidents. An example would be the facility uses Resident Incident Report / Use of Force forms. However, the school uses HYJJDC School Reporting Document forms for incident reporting. The bottom line is there should be one standard Incident Reporting form and system used by the facility. Finally, I am again recommending the Jackson Public School system (JPS) hire a compliance officer to ensure that the school’s educational standards are being met.

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Attachments A - Organizational Chart B - Henley-Young Conference call January 24, 2013
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Attachment A
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Attachment B

Henley-Young Conference call January 24, 2013

Participants Honorable Judge William Skinner County Administrator, Carmen Davis Facility Director, Dale Knight Court Monitor, Leonard Dixon

January 30, 2013

This is a follow up to the conference call dated January 24, 2013 regarding the educational program at Henley Young and the secure and intensive counseling unit, two areas to which the parties need additional clarification. As it relates to the educational program there were several areas that are of major concern as addressed in my report dated December 12, 2012. In addition, there are major areas to address as it relates to the secure intensive counseling unit program. These areas must be addressed based on the agreement ordained and adjudged by federal court.

Concerns relating to the school:

A. Lack of proper staffing – the need for additional teachers (i.e. additional special education teacher, recreation teacher and regular education teacher at a minimum).

B. In addition ensuring that residents are following the same programmatic educational structure as required by Jackson Public School.

C. Addressing residents who have been deemed drop outs that would participate in school fully.

D. Ensuring there is a full day of school and all residents are participating.

E. Specific educational staff and resources allocated for the secure intensive counseling unit.

Concerns relating to the special intensive counseling unit:

A. The program should stand alone with its own milue that is separate and apart from the Juvenile Detention’s.

B. The counseling unit is a very good idea however as discussed it would need its own staffing – counselors supervision, supervisors, direct care, support staff, mental health and educational staff which would be 1 special education teacher and 1.5 regular education teachers; its own 4 shift supervisors and 12 unit officers. The secure intensive counseling unit should be able to use the facility medical staff when it becomes operational.

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C. As discussed the facility intensive counseling unit must be highly structured and provide staffing that is trained in the therapeutic model that will be in place.
D. Staff must be able to model the behavior that they are requiring of youth and the staff must be in placed to ensure there is immediate feedback based on the new skills and practices that residents will receive in the intensive counseling unit. This would consist of behavioral plans that would be developed during the time of the youths’ participation in the program.
E. As discussed and agreed the juvenile justice residents entering the Henley Young facility have numerous diagnosis such as serious emotional disturbed, developmentally disable, bipolar, attention deficit disorder and substance abuse etc. These are serious issues and must be addressed as such with all youth in the facility but specifically as it relates to youth assigned to the secure intensive counseling unit program.
Judge Skinner and Administrator Davis are moving in the right direction however there is a stated need for proper staffing for both the secure intensive counseling unit and the juvenile detention unit. I must reiterate that these must be stand alone units which would ensure that youth are benefiting from the programs. The courts are in the process based on our discussions of implementing a GED program for youth who are not detained.
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION HONORABLE DANIEL P. JORDAN III, U.S. DISTRICT JUDGE
J.H., ET AL, VS HINDS COUNTY MISSISSIPPI 3:11-CV00327 DPJ-FKB
Monitoring Compliance Report:
Draft Date July 6, 2012 Report Date July 25, 2012
Submitted by Leonard B. Dixon, MSPA
24420 Crescent Drive Woodhaven, MI 48183
734 642-7412 Email home: lbdixon1@comcast.net Email work: lbdixon4@co.wayne.mi.us

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The First Monitor’s Report Henley-Young Juvenile Justice
Leonard B. Dixon
Background On March, 28, 2012, Hinds County, Mississippi entered into a settlement agreement
ordered and adjudged by Judge Daniel P. Jordan III, for the United States District Court Southern District of Mississippi, Jackson Division, regarding conditions of confinement at the Henley-Young Juvenile Justice Center, located in Jackson, Mississippi. According to the order the settlement agreement and its specifics requirements “shall apply to Henley-Young and any contractor that may provide services to Henley-Young in the future. The term “youth” herein often refers to individuals confined at Henley-Young. “The parties” understand that the requirements contained herein will be implemented without undue delay as soon as practicable. Unless otherwise indicated herein, the parties will collaborate to make all reasonable efforts to ensure that within 90 days of the effective date of the agreement, policies, and procedures consistent with the agreement are drafted, in the process of being implemented, and that all detention staff received training on the requirements. The parties agree and understand that the implementation will be an ongoing process that extends beyond the initial 90 days of the agreement. As part of the settlement agreement the defendant shall contract with Leonard Dixon, within 30 days of the court entry of this settlement agreement to serve as an expert who will be reasonable for documenting the defendant’s compliance with the terms of the agreement and for providing and/or arranging technical assistance and training regarding compliance with this settlement agreement. I will have full and complete access to detained youth, institutional files, medical files, mental health files, education files, video tapes, and youth, staff records and all other information and other reports by staff, grievances, incident reports, and other relevant documents and files maintained by Henley-Young.
All non-public information obtained by the expert shall be kept confidential, except that on a quarterly basis the expert shall file a report with the court documenting the progress of compliance. Neither party, nor any employee or agent of either party, shall have any supervisory authority over the expert’s activities, reports, findings, or recommendations. The expert shall file with the Court and provide the parties with reports describing the Defendant’s steps to implement this Settlement Agreement and evaluate the extent to which the Defendant has complied with each substantive provision of this agreement. Such reports shall be issued quarterly, unless the parties agree otherwise. The reports shall be provided to the parties in draft form for comment at least two (2) weeks prior to their submission to the Court. These reports shall be written with due regard for the privacy interests of individual youth and staff and the interest of the Defendant in protecting against disclosure of non-public information. The expert shall have a budget sufficient to allow him to fulfill the responsibilities described in this Settlement Agreement. Mr. Dixon may consult other experts or consultants retained by either party. All parties shall receive copies of all draft reports from the other experts to Mr. Dixon prior to the issuance of Mr. Dixon’s report, and shall have the option of being present at
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briefings from such experts to Mr. Dixon and Defendant. Mr. Dixon may initiate and receive ex parte communications with the parties and their respective experts and consultants.
Recommendations based on findings and observations Onsite visit May 14, 2012 through May 17, 2012.
Documentation provided Draft standard operational manual policies and procedures Flow charts - Chain of Command, Present and Past, staff positions and work schedules Hinds County Mississippi, Board of Supervisors, Personnel Policy and Procedure manual Use of Force Form Blank Control Tower booklet General Ledger Inquiry Memorandum to Jackson Police Department dated March 7, 2012 Recommendation of Optimal Level of Staffing dated June 3, 2011 Incident Reports February 2012, March 2012, April 2012, May 2012 and June 2012 Segregated and Seclusion and Lock Down Forms Training Certification and Inspection Results i.e. food establishment inspection reports Budget Appropriations report dated May 2, 2012 Juvenile Activity report dated December 2010 and January 2011 Intake Responsibilities Staff Responsibility for Intake Procedures (Booking Officers) Material Safety Data Sheets Non-Violent Crisis Intervention Training Program dated June 20 -21 Juvenile Transportation to Mental Health Treatment Facilities, Medical Facilities, Dental Facilities and Group Homes Detention Daily Line up sheets dated March 3, 2012 to May 9, 2012 Volunteer schedule for April 2012 Blank Risk Assessment Sheet Juvenile Grievance Forms and Policy Due Process and Grievance Procedure Guide for Youth Runaway Procedure Daily Activity Schedule Fire Inspection Report dated March 19, 2012 Prison Rape Elimination Act Booklet 2006 Various memorandums Police Officers Standards Training Roster Fire Drill report dated May 2012 Bedbug Parasite and Health Document Juvenile Facility Monitoring Unit Report dated October 2011 Three files of Youth in Post Adjudication Program Southern Poverty Law Center (SPLC) Reports
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Staffs interviewed Director Dale Knight Eddie Lee Burnside Jr., Intake Counselor Aide and Safety and Security Calvin Harris, Detention Officer Yolanda Courtney, Detention Officer Karl W. Jones, Regional Director of DHS Vickie S. Berryhill, LPN Education Coordinator, Dr. Ginger Marie Thomas-Smith Evelyn Hughes-Sullivan, Youth Service Counselor 3 of DHS Hinds County Director of Personnel Several Court Staff Juvenile Judge
Youth interviewed Youth SA 15 years old Youth BR 15 years old Youth HM 16 years old Youth JS 14 years old Youth TW 16 years old Youth MH 14 years old Youth EM 16 years old Youth AM 17 years old
Introduction
I visited the Henley-Young facility from May 14, through 17, 2012. I would like to thank the staff for their cooperation and support during this process toward improvement. I found the staff to be very accommodating, friendly, welcoming and open during my visit. The HenleyYoung facility was opened in 2000. It is a one story building that encompasses the juvenile detention facility, the courts and its administrative offices. Additionally, it houses the State of Mississippi Case Management offices. The detention facility consists of four housing units with a housing capacity of 84 youth and a school program operated by the Jackson Public School System. During this initial visit, I had the opportunity to meet with staff from the Hinds County administrative offices and a County supervisor. Also, I met with the facility director, various support staff, direct care providers, educators, a health caregiver the chief juvenile judge and staff from the courts and the state of Mississippi offices of the Southern Poverty Law Center. All are concerned about the conditions at the Henley-Young facility and are committed to this process.
This report contains my impressions, professional judgment and recommendations based on my review of numerous documents, interviews with staff and youth, experience in operations of juvenile detention and correctional facilities and my understanding of the standards. This report is the result of my initial visit to the facility and the beginning of this process towards improvement. I will maintain ongoing conversations with the facility staff and will continue to review information and documents to assist in my understanding of this facility culture.
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Security Operations and Rehabilitation

Henley-Young Juvenile Justice Center Monitoring Compliance Report July, 2012

1) In my experience as a court appointed monitor, I want you to know that this is a very intense and sustained process that must be maintained continuously over a long period. It must be adequately supported by training and funding at all levels of the organization. One of the dominating factors in the process is the all-encompassing concern that there must be knowledge, expertise and mastery in juvenile detention and juvenile corrections or the vision and direction of the facility will be suspect. Therefore, change occurs incrementally as opposed to exponentially. When there is a knowledge gap this further hinders the transformation process. One of the drawbacks at Henley-Young is the absence of juvenile justice professionals who are well connected to the field. The administration has had relatively few persons to call upon for advice, guidance, or help who can provide examples of effective daily practices and give good ideas for addressing issues that arise while operating a juvenile detention facility. The turn over of directors (3 in 3 years) has widened the gap in Henley-Young’s ability to operate pursuant to Juvenile Justice Best Practices.

2) The facility’s lack of staffing is very concerning. I found staffing levels at the facility to be too low for adequate supervision of youth such that it is very difficult for the facility to follow its own staff to youth ratio of 1 to 8 during the waking hours and 1 to 10 during sleep hours.

This lack of sufficient staff has caused the facility to practice imminent and deliberate harm to youth. Because of these staffing problems the facility is forced to place the kids on lockdown most of the day; not because they want to, but because it’s the only way to maintain any type of control. These continued lockdowns of the facility fall well below any acceptable care standard for youth. What is occurring at Henley-Young is an institutional culture of suppression and harm that has set in and has flourished over time.

I found the facility staff not to be intentionally neglectful or abusive but the lack of staffing and standards creates an environment that is neglectful and abusive. Although the staff are caring and want to do well, the systems in place have forced this facility to create an environment that is abusive and neglectful without actually knowing it. For example, on numerous occasions youth were on lockdown because there was not enough staff to properly supervise activities. On one occasion the youth were locked in their rooms on Unit C for a couple of hours and there were no staff on the unit to ensure their safety. This was due in part because the two staff members who were assigned to the unit were otherwise engaged; one was held over from the night shift to transport a youth to Memphis Tennessee. This resulted in the unintended lockdown. I found inconsistent and sporadic evidence of adequate direct and continuous supervision at Henley-Young which increases the likelihood of harm to staff and youth. The one positive in all of this is that the facility has been below its capacity of 84.

3) I found very little programming at Henley-Young. Although the facility has a school on site operated by the Jackson Public School, not all youth attended the requisite number of hours represented in the program description. I found that half of the youth attended school in the morning and the other half in the afternoon. At no time during my visit
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were all youth engaged in the school program. Although the school program has dedicated persons working there, the lack of the appropriate number of officers to monitor the school forced the youth to be sent outside to play basketball or sit on the bleachers without any form of organized recreation or physical education programming. At one point during my visit, the mandatory staff was not available so the cook had to help supervise the youth and on another occasion, youth were locked in their rooms most of the day because of testing being administrated by the school and each unit was let out of their rooms separately to take the test.
4) The facility also has what is called an 89 day program where youth are to be housed at the facility and provided a rigorous rehabilitation program. With the exception of a youth counselor visiting the youth in the facility, I found limited evidence of this rehabilitative program or its services being provided. At no point during my visit were youth in the 89 day program treated differently from the youth housed in general population.
According to the staff I interviewed, the 89 day program is supposed to be a separate program within the facility. The program at this juncture provides no more rehabilitation for the youth in it than the youth in the regular detention program. Since this program is indistinguishable from the detention programming it should be either fully implemented or discontinued because at this point it serves very little purpose to the enrolled youth.
5) The physical plant at Henley-Young is in very poor condition. The need for improved maintenance is of paramount importance. The facility is not pleasing in appearance and has a dungeon-like feeling. The lighting is extremely poor, the physical plant is in need of major overhauling and the facility is neither sanitary nor orderly. There appears to be no preventive maintenance program at the facility because in some of the youth’s rooms there was minimal or no lighting. A quick description of the physical plant is that the design of the building creates ongoing problems. Henley-Young’s prison like environment works against its programming, treatment and rehabilitative objectives due to its hard, sterile and depressing atmosphere. The interior hardware, lack of color, bare walls, furnishings, wire mesh screening and rooms with old, hard and handcuff-cell doors provide a poor setting for learning and rehabilitation. And, with staff located in the tower behind heavily tinted glass, it gives the feeling of an adult prison. Also, with the cell intercom not operational it is very difficult for a staff member to respond to an emergency and it creates an unsafe situation when the staff member in the tower is the only person on the unit. Without the appropriate staffing the distance a staff member must travel to respond to an emergency or other situation places a major strain on the staff. There is a serious need for all staff to be provided with radio communication.
6) Youth complained a lot about boredom while locked in their rooms with nothing to do. This is a major safety issue for staff when youth are let out of their rooms.
7) The adult/prison system is very different from that of the juvenile detention or correction model. The main difference between the two systems lies in the overall aim for the juvenile justice system is to rehabilitate and reform the juvenile offender so that they can become functioning productive members of the society. The focus is more on providing
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alternative sentences that keep the juvenile out of confinement. Although the juvenile system and adult system share some commonalities, there remain some major differences. For example, the juvenile system makes a point of trying to rehabilitate rather than punish the juvenile. The belief that experience in adult corrections or law enforcement service is a suitable substitute for knowledge and experience with adolescent development delinquency theories and juvenile mental health services have contributed to a system that is unhealthy for juvenile rehabilitation. It is imperative that employees and providers understand the concepts of the juvenile rehabilitative model.
Without this understanding in mind, Henley-Young gives the mistaken impression that professional authority in juvenile justice is unimportant in the presence of adult correction experience and training. Hinds County and the State must develop an adequate juvenile curriculum that provides contemporary standards of training for all staff who will be working with juveniles.
8) In terms of data, the facility is in need of a quality assurance and data collection management information system (MIS). Because the facility operates 24 hours, the flow of information should be updated immediately and continuously. This system should be fluid with all data changes available to all staff as dictated by the information hierarchy. At this point in the process it is difficult to determine the accuracy of the data being provided. As the process moves forward, verification of the improvements at HenleyYoung must be tied to good, accurate, reliable data. Example of necessary data should be: a. Total # bed days b. Suicide behavior (with injuries) c. Suicide behavior (without injuries) d. Self-injurious behavior e. Fights f. Youth –on- youth assaults g. Youth- on- staff assaults h. Staff- on- youth assaults i. Physical restraints j. Child abuse reports k. Restraint by types l. Staff –on- youth sexual assaults m. Youth- on- youth sexual assaults n. Number of isolations/confinements (locked room) o. Number of seclusions unlocked (cool off–time outs) p. Duration of isolations/confinement hours q. Number of day in 89 day program and placement afterwards r. Number of youth grievances s. Due Process hearings and results t. Grievances and outcomes
9) As it relates to a Policy Manual, the facility does have one; however it is in need of revisions and further policy and procedure development. During my review and
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discussion with some of the staff, they were not aware of the facility’s policies. At this point the staff is instinctively doing their jobs. Presently, the director is working on a manual but it is a strenuous process and has to be a group effort delegated by leadership, because there has to be input from all areas of the facilities operation. The current manual lacks procedural development. Lastly, developing the manual is only the first step of what must be done. After it is developed, the following are samples of the additional work needed to complete the process:

a. There must be written policies covering the issue of policy development b. There must be written procedures covering the issues of creating policies c. Identify if practice is consistent with written policy and procedure d. Do policies, procedures, and practices meet constitutional or legal requirements

e. Staff are trained on policies and procedures

Based on the provisions in the settlement agreement, it is recommended that the remediation process be addressed in parts. It is best that we work on all areas in the provision, understanding that we cannot complete each of them immediately and to ensure that the facility is operating properly, we will not try to do everything at once. This process will take time, but there are a few items that can be changed with a focused effort. These items can promote an immediate change in the culture of the facility. Examples of the changes that can be completed initially are:

i. Repair lighting throughout the facility i.e. units, hallways, cells, etc.

ii.

Cleaning of facility

iii. Painting facility with brighter colors

iv.

Clean clothing–discard all torn/dingy clothing

v.

Develop a schedule that reflects daily activities and change the

practice of early morning showers and move them to the afternoon or

evening

vi.

Posting of established rules and regulations on all units and in the

halls

1. Major and minor rules violations

vii. Create or revise the grievance process

viii. Place grievance boxes on the units in a safe secure place for the

youth with information of use clearly posted.

ix.

Develop adequate Due Process/ Isolation system.

x.

Provide hygiene kits for each youth that are labeled and kept

separate

xi.

Change the available visitation space to allow for contact visits.

1. Develop policies and procedures for contact visits 2. Provide the staff with training on the policies and procedures

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3. Clearly explain the procedures to youth and their families etc.
Below are the compliance ratings that will be used in this report. Please be reminded that though most are in non compliance, policy development is most important and the start of this process. Compliance Code Measurements
Substantial Compliance (SC): Practices follow the county-approved policies, training materials or other documents; practices follow policy with rare exception and exceptions lead to corrective action; trained staff fill all positions and vacancies are filled within 3 months; the county has completed work in an acceptable manner; policies, procedures and practice and training are operational and quality-assurance audited and audit exceptions lead to corrective action; outcomes meet or exceed agreement requirements. Partial Compliance (PC): Policy and procedure is implemented in some but not all locations or times; staff are hired but not trained; the county is working on implementation but tasks are not completed; system implemented at some but not all locations or times, outcomes meet or exceed agreement requirements some of the time and in certain area. Beginning Compliance (BC): Policy and procedure is written by the county but not implemented; funding and hiring authority are approved by the County but positions are not filled; training materials prepared and approved by the county but training not started. Non Compliance (NC): No action taken and immediate steps needed to maintain schedule or prevent further delay. A policy may exist, but the policy may need significant revision or modifications and rarely translates into practice.
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Compliance Matrix

Henley-Young Juvenile Justice Center Monitoring Compliance Report July, 2012

Provision

Intake

1.(1) All Youth Admitted to Henley-Young

1.(2) MAYSI-2 Mental Health Screening

1.(3) Prescription Medications

1.(4) Meal Compliance

1.(5) Telephone Usage

1.(6) Strip Search Policy

Rating NC NC NC NC NC NC

Provision

Staffing and Overcrowding

2.(1) Direct Care Staff Ratio

NC

2.(2) Maximum Capacity Adjustment

NC

2.(3) One-Person Cell

NC

Provision

Cell Confinement

3.(1) Structured, Rehabilitative & Educational Programming

NC

3.(2) Appropriate Access to Living Unit

NC

3.(3) Dangerous Youth

NC

3.(4) Isolation

NC

3.(5) Direct Care Staff on Units

NC

Provision

Structured Programming

Educational, Rehabilitative, and/or Recreational

4

NC

Programs

Individualized Treatment Plans/Treatment Program for Provision
Post-Disposition Youth

5.(1) Youth Access to Adequate Rehabilitative Services

NC

5.(2) Health and/or Substance Abuse Treatment

NC

5.(3) Treatment Plans

NC

5.(4) Review of Individual Treatment Plans

NC

5.(5) Evening And Weekend Programs And Activities

NC

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The following are my observations and recommendations specific to the provisions of this agreement.

1. Intake Provision1.1 Intake Status Discussion
Recommendations

All youth admitted to Henley-Young shall receive a health screening, within 1 hour of admission or as soon as possible as reasonably thereafter, by appropriately trained staff as required by Mississippi Code Annotated § 43-21-321. Information obtained during the screening shall include, but shall not be limited to, the juvenile’s: (a) Mental health; (b) Suicide risk; (c) Alcohol and other drug use and abuse; (d) Physical health; (e) Aggressive behavior; (f) Family relations; (g) Peer relations; (h) Social skills; (i) Educational status; and (j) Vocational status.” Mississippi Code Ann. § 4321-321(1). During this screening, Henley-Young shall obtain information regarding the youth’s educational status by having the youth or intake officer complete an education screening form developed and provided by the Jackson Public School District.
Non Compliance
During my visit, I observed two youth being admitted to the facility. There was no indication that staff followed or screened the youth. Upon and during the admittance process staff were being pulled from other areas to admit other youth so it was very difficult for them (the youth) to be properly admitted. During my observation, a youth was brought into the facility by the Jackson Police with no shirt on and his hand cuffed behind him. Although it was obvious that the youth was in pain, the officer was allowed to leave the youth at the facility. The facility nurse had to be called to assess the youth’s condition. He was offered ibuprofen for pain in his side. According to the youth, “the officer had punched me several times in the side”. This youth should have been transported to a medical facility by the Jackson Police Department and received a medical clearance before his admittance to the facility. A situation like this creates serious liability for the facility and County. In addition, I found no developed policies and procedures regarding the admittance process. Finally there was no indication that the youth were properly searched when they arrived.
2. Fully develop admitting policies and procedures 3. Ensure all staff who admits youth are properly trained 4. Develop training records 5. Provide documentation in a organized way on youth being
screened/admitted 6. Ensure all youth records are available for my review with all areas
of the provisions placed in the youth’s file

Evidentiary Basis Document review, observation, interviews

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Provision 1.2 Intake

All youth shall receive a MAYSI-2 mental health screening upon admission, as required by Mississippi Code Annotated § 43-21-321. The screening will be conducted in private by appropriately trained staff of Henley-Young. If the screening indicates that the youth is in need of emergency medical care or mental health intervention including, but not limited to, major depression, suicidal ideation, withdrawal from drugs or alcohol, or trauma, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation immediately or as soon as reasonably possible.

Status

Non Compliance

Discussion

The MAYS1-2 is a standardized true or false screening instrument that has 52 items. It is used to identify potential mental health problems for youth who need immediate attention. The test takes about 15-20 minutes to take and should be done in private. It serves as a triage tool for the facility for decision intervention at a time when not much is known about the youth. Therefore, it is critical that the tool is administered in private, properly and as soon and practicable. During the 2 admissions I observed, the instrument was not administered. In addition there was no place set aside where it could be done privately. I found no records that it was used or any indication that a follow up for youth was in place as part of the admission process. The research is very clear that 60 to 70 percent of youth in juvenile facilities have some mental health diagnosis. Therefore, this would suggest that if the tool was being utilized appropriately that a segment of youth would be receiving follow-up with a mental health professional and this would provide the court with better information it needs in the disposition of the youth’s placement or to determine what services are needed. I also found no comprehensive policies or procedures as it relate to that provision

Recommendations

1. Develop comprehensive policy and procedures for this provision

2. Develop youth files that are organized and arranged 3. Develop training and provide documentation of training 4. Identify person or person(s) who score instrument 5. Provide documentation on who reviews instrument and what
services are provided for the youth in facility and when the youth leaves the facility

Evidentiary Basis Document review, observation, interviews

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Provision 1.3 Intake

Prescription medications will be secured for all youth who have a valid, current prescription within 8 hours of admission, if possible, but in no case, longer than 24 hours after admission, including weekends and holidays. If during a youth’s detention, a medical professional either prescribes a new medication or renews a youth’s previous prescription medication, HenleyYoung will secure the prescription medication within 8 hours of receiving the prescription, if possible, but in no case, longer than 24 hours after receiving the new prescription, including weekends and holidays. HenleyYoung shall procure and/or purchase all prescription medications prescribed to confined youth.

Status

Non Compliance

Discussion

I found no comprehensive policy and procedures or protocols for this provision. The medical area I visited was extremely disorganized with files and paper all over. Although the nursing area was quite disorganized and there is a need for policy and procedures, there is no indication that the facility is not securing medication within the 8 hour period or longer than 24 hours. The youth I interviewed acknowledged that they were receiving their meds. I would need to review additional documentation upon my next visit. However, according to the nurse staff administers medication when she is not there.

Recommendations 1. Develop written policy and procedures or protocol for this provision

2. Document staff training on distribution and side effects of medication
3. Provide documentation on efforts to obtain prescription drugs

Evidentiary Basis Document review, observation, interviews

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Provision 1.4 Intake

Upon admission to Henley-Young, all youth shall be offered a snack or meal in compliance with the United States Department of Agriculture’s School Meals Program standards.

Status

Non Compliance

Discussion

During my review of 2 admissions to the facility at no time were youth afforded a snack.

Recommendations Develop policy and procedures for this provision. Procedures should be part of intake/admission procedure.

Evidentiary Basis Document review, observation, interviews

Provision 1.5 Intake Status Discussion
Recommendations

Upon admission to Henley-Young, all youth shall be permitted to telephone a parent or legal guardian free of charge and to take a shower before being placed on the pod.
Non Compliance
Based on my observation of the two admissions to the facility, no phone calls were offered and the youth were not allowed to take showers. These are ongoing deficiencies cited in SPLC reports.
1. Develop comprehensive policy, procedures and practices for this provision.
2. Develop forms to check off that a phone call and shower were completed.

Evidentiary Basis Document review, observation, interviews

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Provision 1.6 Intake

Within 60 days of the date of this agreement, Henley-Young shall develop and implement policies that limit strip searches to instances where HenleyYoung staff has an articulable suspicion that a youth may possess weapons or contraband. Anytime a strip search is conducted, Henley-Young staff must document, in writing, their suspicion, obtain permission from a supervisor, and conduct the search in a manner that minimizes the intrusion into the youth’s privacy.

Status

Non Compliance

Discussion

The facility does not have a comprehensive policy and procedures for this provision.

Recommendations 1. 2.

Develop comprehensive policy and procedures and practice for this provision. Document review and observation.

Evidentiary Basis Document review 3. Staffing and Overcrowding

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Provision 2.1 Staffing and Overcrowding

Within 90 days of the date of this agreement, Henley-Young shall operate with a direct care staff to youth ratio of 1:8 from the hours of 6:00 a.m. until 10:00 p.m. and a ratio of 1:10 from the hours of 10:00 p.m. to 6:00 a.m.

Status

Non Compliance

Discussion

The facility does not meet this provision. On several occasions during my visit the staffing was so low that youth were left in their units and in their rooms without any supervision at all. An example would be on May 15, 2012 at 5:30 pm all youth on B pod were locked down with no staff on the unit. However, on A pod youth were allowed out on the unit. There were 17 youth on that pod with only two staff, which still fails to meet the 1 to 8 ratio. During each day of my visit youth were locked down because of the lack of staffing. The staffing levels are so severe at this facility that on May 17, 2012, youth on C pod were locked in their unit and in the cells for approximately 3 hours, without staff being on the unit. Mr. Burnside the Intake Aide, went with me to the C pod. Neither of us had keys to the pod. We pressed the call button to the unit for approximately 5 minutes, with no response. Finally, another staff member who had to transport a youth to the intake area gave us access to the unit. Later an officer came to the intake area to retrieve the girls from the visitation area. She had to leave the 3 youths alone in the intake area with no supervision there. The lack of staffing forces the staff to become negligent and abusive in the quest to maintain control. This provision falls below the agreed upon 1 to 8 ratio. When youth are left alone, they are subject to self harm, experiencing of unchecked medical issues (i.e. asthma, high blood pressure etc.), harming other youth, exacerbating mental health issues (i.e. decompensate). When they are placed in their room without anything to do, they become more violent. What makes this worse, is that the master control officer who should have been in the master control room to let us in was not there because she had to monitor several girls in the visitation room. These girls were left with this officer without any understanding of what was next for the youth. This left master control without proper staffing and facility without proper support. Without proper staffing, the culture of the facility diminishes to a point of becoming negative. This lack of appropriate staffing dictates the level of violence that is experienced in the facility. When you maintain appropriate staffing and train them properly the violence reduces. Therefore, a review and increase of the facility staffing is recommended immediately.

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Recommendations
Units Day Shift Evening Shift Night Shift Total

Duty Post Staffing/Adms

A officer 3 3 2 8

B officer 3 3 2

8
C officer 3 3 2
8
D officer 3 3 2
8

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Intake 1 1 1 3
Master Control 1 1 1 3
Court Transportation Staff
2
2
4
Transportation 2 2
4
Laundry 2 2
4
*Director 1
*Deputy Director 1
*Operation Manager
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1
Supervisors 3 3 2 8
26 23 12 61
=61 Direct care/supervisor/laundry staffing X 1.5 Relief Factor—Total staff need to effectively operate the facility—91.5 1 to 8 Awake 2 to 10 Sleep Misc. post coverage Medical/MH Hospital Runs One on One MH/Medical Visitation *Administration *Maintenance
Evidentiary Basis Document review, observation, interviews
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Provision 2.2 Staffing and Overcrowding

If the staff-to-youth ratio falls below the requirements of section 2.1 for longer than two (2) days, the Director or his assignee shall immediately identify youth accused of nonviolent offenses who are eligible for less restrictive alternatives to secure detention and request an emergency release for eligible youth from the appropriate Youth Court. The maximum capacity of Henley-Young shall be calculated by determining how many direct care staff members can supervise youth in accordance with section 2.1. The current maximum capacity of Henley-Young is 84.

Status

Non Compliance

Discussion

The facility was below its capacity of 84 and has not surpassed its capacity since the signing of the order. However, Henley-Young routinely operates outside of the ratio requirements and has not identified youth who may be eligible for release from secure detention. Because there is no information management system in place to identify the youth that may fit the criteria for early release, there must be policy and procedures developed in the event this becomes an issue.

Recommendations Development of policy and procedures developed in the event this becomes an issue.

Evidentiary Basis Document review, observation, interviews

Provision 2.3 Staffing and Overcrowding Status
Discussion
Recommendations

No more than one youth shall be placed in a one-person cell.
Non Compliance During my visit I found no indication that the facility had more than one youth in a room. Develop a policy and procedures for this provision

Evidentiary Basis Document review, observation

4. Cell Confinement

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Provision 3.1 Cell Confinement

Youth shall be engaged in structured, rehabilitative, and educational programming outside of their cells during the hours of 7:00 a.m. to 9:00 p.m. each day, including weekends and holidays.

Status

Non Compliance

Discussion

During my visit, I found very little extra-curricular programming in the facility. Other than limited school and youth playing basketball, there were no additional activities in place. As it relates to girls involved in programming there was no indication that they receive any programming activities. The facility is operated like an adult jail. The officers were often behind the tinted Plexiglas station with limited interaction with youth which makes programmed activities difficult at best. In addition, I found no schedules on the units regarding facility programming. During my visits, youth were locked in their rooms most of the time. I found very little behavior incentive programming at the facility and because of staffing levels being low not all youth were in school.

Recommendations

1. Develop policy and procedures for this provision. 2. Develop adequate facility schedules that reflect all daily activities. 3. Develop positive behavior management systems with rewards and
consequences. 4. Move officers from behind Plexiglas for more positive interaction
with youth. 5. Develop monthly recreation schedule.

Evidentiary Basis Document review, observation, interviews

Provision 3.2 Cell Confinement
Status Discussion Recommendations

Except when youth are in protective custody or confined subject to section 3.3 of this Settlement Agreement, youth placed in the Suicide or Booking cells shall be allowed to spend the hours of 7:00 a.m. to 9:00 p.m. on the appropriate living unit and to have the opportunity to engage in structured, rehabilitative, and educational programming, unless medically counterindicated.
Non Compliance
During my visit, I found no indication this was occurring. I also found no policy and procedures for this provision.
1. Follow recommendations as set forth in section 3.1. 2. Develop adequate policy and procedures for this provision. 3. Develop data collection for youth who are placed in protective
custody or confinement.

Evidentiary Basis Document review, observation, interviews

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Provision 3.3 Cell Confinement

Youth who pose an immediate, serious threat of bodily injury to others may be confined in their cells for no longer than 12 hours at a time without administrative approval. Youth who are placed on cell confinement for this reason shall be released from their cells daily to attend school, maintain appropriate personal hygiene and to engage in one hour of large muscle exercise. Staff must perform visual checks on youth who are subject to cell confinement every 15 minutes. Staff must document all instances of cell confinement in writing and must document the justification for determining that a youth poses an immediate, serious threat of bodily injury.

Status

Non Compliance

Discussion

I found no indication that the facility met the requirements for this provision. There was no procedural due process system in place to determine if youth were placed in room for half day, two days or ten days. However, there is documentation that youth were placed in their cells but there is no independent process or person to administer the system. According to several youth I interviewed, they had no idea when they were going to be released from isolation. One youth I interviewed was on isolation for several days but did not know when he would be removed from isolation. I found no documentation to determine if checks were performed every 15 minutes or how long youth would be on cell confinement.

Recommendations

1. Develop adequate policy and procedures for this provision. 2. For youth placed in rooms, develop forms that indicate the time
youth will be in their rooms and post it on their doors. 3. Ensure that supervisors sign off on the form in 15 minute visual
checks when youth are placed in their rooms. 4. Develop a system of major and minor consequences for behavior.

Evidentiary Basis Document review, observation, interviews

Provision 3.4 Cell Confinement Status Discussion
Recommendations

Youth shall not be automatically subjected to cell confinement and/or isolation upon their admission to Henley-Young unless he or she would be subject to cell confinement under section 3.3.
Non Compliance
I found no indication that the facility meets this standard. The two youth I observed admitted to the facility were placed in rooms in the intake area and were not allowed to take showers. The facility does not have policy and procedures to meet this provision.
1. Develop adequate policy and procedures for this provision. 2. Ensure all staff is trained and document training.

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Evidentiary Basis Document review, observation

Provision 3.5 Cell Confinement
Status Discussion
Recommendations

At all times between the hours of 7:00 a.m. to 10:00 p.m., at least one direct care staff shall be stationed on any living unit where two or more youth are placed, and direct care staff shall be actively engaged with youth. From 10:00 p.m. to 7:00 a.m., staff shall conduct visual checks on youth every 15 minutes. Henley-Young shall ensure that every cell has an operating intercom that allows youth to communicate with staff at all times.
Non Compliance
I saw no indication that this was occurring (see introduction). There is no policy and procedures for this provision. On numerous occasions during my visit youth were left unsupervised.
1. Develop adequate policy and procedures for this provision. 2. Provide adequate staffing.

Evidentiary Basis Document review, observation, interviews

3. Structured Programming

Provision 4 Structured Programming

Henley-Young shall administer a daily program, including weekends and holidays, to provide structured educational, rehabilitative, and/or recreational programs for youth during all hours that youth shall be permitted out of their cells, pursuant to section 3.1. Programming shall include:
a. activities which are varied and appropriate to the ages of the youth;
b. structured and supervised activities which are intended to alleviate idleness and develop concepts of cooperation and sportsmanship; and
c. Supervised small group leisure activities, such as a wide variety of card and table games, arts and crafts, or book club discussions.

Status Discussion

Non Compliance
During my review, I found no scheduled programming outside of the school and some youth playing basketball. As it relates to girls, I saw no programming outside of school. The facility has no posted schedules and very little interactions between staff and youth outside of control and confinement. During my visit, youth spent most of their time in their cells. This was even prevalent during mealtimes. Youth would quickly eat and were then sent back to their room on isolation.

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Recommendations

1. Develop adequate policy and procedures for this provision. 2. Provide adequate schedules for weekdays and weekend
programming. 3. Purchase televisions for each units and board games for each unit. 4. Develop monthly recreation schedule with age appropriate games
and programs.

Evidentiary Basis Document review, observation, interviews

5. Individualized Treatment Plans Treatment For Post-Disposition Youth

Provision 5.1 Individualized Treatment Plans Treatment Program for PostDisposition Youth

Henley-Young shall ensure that youth have access to adequate rehabilitative services. Henley-Young shall ensure that children placed in the facility post-disposition will receive constitutionally compliant rehabilitative services.

Status

Non Compliance

Discussion

I found no indication this was occurring (see introduction). Although the County has a counselor for the 89 day program, there is very little, if any, rehabilitation occurring. The counselor interacts with youth a few days a week when she can. Youth in this program are treated no differently than pre-adjudicated youth. Therefore, there is no distinction between 89 day program participants and the detention program. The youth I interviewed stated that you can get out early if you are good. As it stands, the 89 day program is more in line with revocation for behavior rather than a structured treatment model. The program has no staff in the facility to monitor youth progress and has become a detention program no different than the existing detention program.

Recommendations

1. Develop adequate policy and procedures to meet this provision. 2. Either fund properly or discontinue the 89 day program. 3. Review light weight youth in program (i.e. disturbing the family
peace) and find alternative placement for them. 4. Develop individualized treatment plan for youth in 89 day program.

5. Develop alternative community programming for youth in 89 day program that can be serviced in community.

Evidentiary Basis Document review, observation, interviews

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Provision 5.2 Individualized Treatment Plans Treatment Program for PostDisposition Youth

Henley-Young shall ensure that youth in need of mental health and/or substance abuse treatment and/or who are in the facility post disposition shall have appropriate treatment plans developed and implemented in accordance with generally accepted professional standards of practice for mental health and rehabilitative services.

Status

Non Compliance

Discussion

I found no indication this is occurring. There is no program description and no policy and procedures for this provision (see 5.1).

Recommendations

1. Develop adequate policy and procedures for this provision. 2. See recommendations under (5.1).

Evidentiary Basis Document review, observation, interviews

Provision 5.3 Individualized Treatment Plans Treatment Program for PostDisposition Youth

Henley-Young shall implement policies and procedures for the required

content of treatment plans, which shall include;

a. That the treatment plan be individualized;

b. An identification of the mental and/or behavioral health and/or

rehabilitative issues to be addressed;

c. A description of any mental health, medication or medical course

of action to be

pursued, including the initiation of

psychotropic medication;

d. A description of planned activities to monitor the efficacy of any

medication of the possibility of side effects;

e. A description of any behavioral management plan or strategies to

be undertaken;

f. A description of any counseling or psychotherapy to be provided;

g. A determination of whether the type or level of treatment needed

can be provided in the youth’s current placement; and

h. A plan for monitoring the course of treatment, and if necessary,

for revising the treatment plan.

i. A description of the precise terms the of the facility’s long-term

and short-term objectives for the youth, the full range of services to

be provided, and procedures, and timetables and staff assignments

for the implementation of such treatment plan;

j. A plan for regularly engaging the family in the youth’s treatment

plan;

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k. A comprehensive re-entry plan that will assist the youth re-enroll in their home school and access medical, mental health, vocational and rehabilitative services based in the community.

Status

Non Compliance

Discussion

As stated in provision 5.1 and 5.2 the facility lacks policies and procedures as it relates to these provisions. I found no indication that during my visits, interviews and document review that the facility was complying with this provision.

Recommendations

1. Develop comprehensive policies and procedures for this provision that includes the contents (A-K).
2. Provide training to all staff.

Evidentiary Basis Document review, observation, interviews

Provision 5.4 Individualized Treatment Plans Treatment Program for PostDisposition Youth Status
Discussion
Recommendations

Henley-Young shall institute a program of periodic staff reviews every three weeks and evaluations of each youth’s progress under his/her individualized treatment plan and of the appropriateness of the plan itself and Henley-Young’s plan for such review.
Non Compliance
I found no indication this is occurring. There are no policies and procedures (see 5.1, 5.2 and 5.3). The County with the help of the courts must identify roles within policies and procedures in addition to adequate funds to institute this provision.
1. Develop comprehensive policy and procedures for this provision. 2. Provide training to all staff. 3. Identify role through policies and procedures and adequate funding
and staffing.

Evidentiary Basis Document review, observation, interviews

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Provision 5.5 Individualized Treatment Plans Treatment Program for PostDisposition Youth

Henley-Young shall develop and implement a program that provides for evening and weekend programs and activities that allow youth to engage in meaningful activities.

Status

Non Compliance

Discussion

There is no indication this is occurring. Youth adjudicated to the post disposition program are programmed the same as youth in the detention program.

Recommendations

1. Develop comprehensive policy and procedures to meet the needs for this provision.
2. Provide adequate staffing for this program.

Evidentiary Basis Document review, observation, interviews

Provision 5.6 Individualized Treatment Plans Treatment Program for PostDisposition Youth Status
Discussion
Recommendations

Henley-Young shall develop and implement an adequate quality assurance program.
Non Compliance
The facility does not have an adequate quality assurance program.
1. Develop comprehensive policy and procedures to meet the needs for this provision.
2. Health Care: continuously assess the quality and adequacy of the health services provided, accurately evaluate the performance of staff providing health services and address identified deficiencies.
3. Recreation and Social programs: continuously assess the quality and adequacy of social and recreational programming provided; accurately evaluate the performance of staff in providing these programs.
4. Environmental Health and Safety: continuously assess the quality and adequacy of environmental health and safety, accurately evaluate the performance of staff in providing a safe and healthy environment and properly address identified deficiencies.
5. Discipline and order: continuously monitor use of discipline and promptly address misuse or over use of discipline and other identified deficiencies.
6. The facility will develop monthly performance measures to indicate

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achievement in the desired area. 7. Review State of Florida Quality Assurance Model and for assistance
in developing contact CJCA Performance Based Standard for Juvenile Detention Programs, also use ACA standards to establish policy guidelines.

Evidentiary Basis Document review, observation, interviews

8. Due Process/Isolation Disciplinary Practices and Procedures

Provision 6.1 Disciplinary Practices and Procedures

Henley-Young shall implement a discipline policy and practice that incorporates positive behavior interventions and supports. This policy shall include guidelines for imposing graduated sanctions for rule violations and positive incentives for good behavior.

Status

Non Compliance

Discussion

The facility does not have a due process isolation system. Although youth are placed in isolation, I found no system in place to support or ensure sanctions or rule violations are in line with any policies and procedures or practice. The facility also has no positive behavioral incentive or graduated sanctions program.

Recommendations

1. Develop adequate policies and procedures for this provision. 2. Develop new resident handbook. Youth are to receive these
handbooks during orientation. They shall include youth rights, major and minor rule violation and the grievance policy. The handbook will explain to youth in their own language the rules and shall also be explained by staff that will have them sign and date a form indicating that both processes have occurred. These rules shall be posted on each unit. 3. Due process rules shall be posted on each unit. 4. Develop positive behavior intervention programs. 5. Assign and train an independent person(s) to handle due process isolation hearings. The person(s) must be independent of the unit staff. 6. Ensure youth who are in isolation are provided recreation and education services.

Evidentiary Basis Document review, observation, interviews

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Provision 6.2 Disciplinary Practices and Procedures

Youth who violate major rules may be subject to cell confinement for up to 24 hours for a single rule violation. An occasion in which a youth is alleged to have contemporaneously violated multiple major rule violations shall count as a single rule violation for the purposes of this section. No youth shall be confined to a cell for longer than 8 hours for a single rule violation without receiving written notification of the alleged rule violation and the occurrence of a disciplinary review/due process hearing before an impartial staff member, which includes participation by the accused youth. Under no circumstances shall youth be subjected to involuntary cell confinement for longer than 24 hours for disciplinary purposes. Youth who are placed on cell confinement shall be released daily from their cells to attend school, maintain appropriate personal hygiene, and to engage in one hour of large muscle exercise.

Status

Non Compliance

Discussion

During my review, I found no indication that the facility was in line with this provision. The facility has no policy and procedures for this provision.

Recommendations

1. Develop policy and procedures for this provision. 2. Develop sheets to place on door of any youth in confinement that
identifies the reason for confinement and is review and signed by supervisor. 3. Ensure youth in confinement receive education and recreation services. 4. See 6.1 recommendations. 5. Provide training for all staff on these policies and procedures.

Evidentiary Basis Document review, observation, interviews

6. Use of Restraints

Provision 7.1 Use of Restraints Mechanical

Mechanical restraints shall not be used to punish youth or for the convenience of staff. Mechanical restraints shall only be used to prevent self-harm and/or harm to others, subject to section 7.4, and for transportation to and from court, subject to section 7.2.

Status

Non Compliance

Discussion

The facility has no policies and procedures to address this provision.

Recommendations

1. Develop adequate policy and procedures for this provision regarding the use of force and restraints. The policy shall include: a. Documentation of restraint use including but not limited to the events leading to the use of force, the duration of application of mechanical restraints and medical review of restraint use. b. A process to document the assurance and return of restraints.

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2. Officers shall receive training on policy and procedures. 3. The policy will require the documentation of any use of mechanical
restraint and use of force incidents.

Evidentiary Basis Document review, observation

Provision 7.2 Use of Restraints Mechanical
Status Discussion
Recommendations

Nothing in this section shall prohibit mechanical restraints from being placed on youth who are being transported to and from court or out of the facility, if staff have reason to believe that a youth presents a flight risk or is an imminent danger to the youth or others, or will engage in violent behavior. However, mechanical restraints should be removed immediately after the youth is placed in a cell and at no time shall a youth be placed in a cell wearing mechanical restraints.
Non Compliance
Based on my review the facility does not have adequate policy and procedures for this provision.
1. Develop comprehensive policy and procedures for this provision. 2. Develop and provide adequate training for this provision.

Evidentiary Basis Document review, observation

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Provision 7.3

Restraints shall not be used to secure youth to a fixed object such as a

Use of Restraints restraint chair, bed, post, or chair.

Status

Non Compliance

Discussion

Based on my review the facility does not have adequate policies and procedures for this provision. In a June 4th report from SPLC it was alleged that a youth was handcuffed to a bed. Also, a review of incident reports for May 2, 2012, June 11, 2012 and June 17, 2012 reveals mechanical restraints are used often for controlling youth behavior. In addition there was no documentation that medical personnel reviewed reports or examined youth after the use of restraints. I found on one occasion a staff member proceeded to let a youth out of his room because he was “banging on door and keeping the other youth up.” The staff opened the door, the youth ran out and had to be physically restrained, “picked up” and placed back in his room. According to staff member he could not find the handcuffs. The youth should not have been let out of the room since his behavior was so defiant and non compliant to the staff’s verbal directions. The reports suggest that handcuffing of youth is use by the facility staff more often than reported as a means of youth management.

Recommendations

1. Develop comprehensive policy and procedures for this provision. 2. Provide training for staff on this provision and provide
documentation of training. 3. Develop mechanical restraint log. 4. Provide training on de-escalation techniques.

Evidentiary Basis Document review

Provision 7.4 Use of Restraints
Status Discussion Recommendations

No youth shall be restrained for longer than 15 minutes, unless restraints are approved by a mental health professional or if determined to be necessary under section 7.2 or as reasonably necessary to prevent the youth from engaging in acts of self-harm or harm to others. If a youth must be restrained for longer than 15 minutes in order to prevent self-harm, that youth shall, as quickly as possible, be evaluated by a mental health professional or transported to a mental health facility.
Non Compliance
During my review, I found no policy and procedure that comply with this provision. (See discussion in 7.3)
1. Develop comprehensive policy and procedures for this provision. 2. Provide training for staff on policy and procedures and document
training. 3. Provide training on de-escalation techniques.

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Evidentiary Basis Document review

Provision 7.5 Use of Restraints Status
Discussion

Henley-Young shall not use, or allow on the premises, restraint chairs, chemical restraints and/or tasers.
Non Compliance
Although the facility must develop a comprehensive policy and procedures for this provision, I found no indication that any restraint chairs, chemical restraints or tasers were being used.

Recommendations

1. Develop comprehensive policy and procedures for this provision. 2. Provide training for staff on policy and procedures and document
training.

Evidentiary Basis Document review

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Provision 7.6 Use of Restraints

Henley-Young shall not subject youth to “hogtying,” which is the practice of placing a youth face down on a bed, floor, or other surface, and securing the youth’s hands to his feet.

Status

Non Compliance

Discussion

I found no indication that the facility subjects youth to hogtying. However, there is a need that comprehensive policy and procedures be developed for this provision.

Recommendations Develop comprehensive policy and procedures for this provision.

Evidentiary Basis Document review

Provision 7.7 Use of Restraints
Status Discussion Recommendations

When a youth is placed in mechanical restraints, staff must provide one-onone supervision for the duration of the restraint, except when mechanical restraints are deemed to be necessary for the reasons specified in section 7.2.
Non Compliance
The facility has no comprehensive policy for this provision.
1. Develop comprehensive procedures for this provision. 2. Provide training for staff on policy and procedures and document
training.

Evidentiary Basis Document review

Provision 7.8 Use of Restraints
Status Discussion
Recommendations

Henley-Young shall notify a medical professional whenever a youth is placed in mechanical restraints for reasons other than those specified in section 7.2. A medical professional shall examine the youth as soon as possible after restraints are removed, except when the youth was restrained for the reasons specified in section 7.2.
Non Compliance
I found no indicators or documentation during my review that a medical professional is notified when youth are placed in mechanical restraints. I also found no comprehensive policy and procedures for this provision.
1. Develop comprehensive policy and procedures for this provision. 2. Provide training for on policy and procedures and document
training.

Evidentiary Basis Document review

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Provision 7.9 Use of Restraints

Hinds County does not currently and shall not in the future allow officers to enter the secure detention area of the facility with any electronic restraints, including, but not limited to, tasers.

Status

Non Compliance

Discussion

I found no policy and procedures on this provision.

Recommendations

1. Develop comprehensive policy and procedures for this provision. 2. Provide training for staff on policy and procedures and document
training.

Evidentiary Basis Document review

Provision 7.10 Use of Restraints Status
Discussion
Recommendations

Henley-Young is required to ensure that no officer enters the secure detention area of the facility with a firearm. Non Compliance I found no policy and procedures on this provision.
1. Develop comprehensive policy and procedures for this provision. 2. Provide training for staff on policy and procedures and document
training.

Evidentiary Basis Observation 3. Use of Force

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Provision 8.1 Use of Force

Physical force shall not be used to punish youth. Staff shall only use physical force to stop youth from causing serious physical injury to self or others or to prevent an escape. If physical force is necessary, staff must use the minimum amount required to safely contain the youth. Whenever possible, staff shall avoid the use of force by first attempting verbal deescalation techniques. Staff shall be required to fully document in writing every instance of use of force.

Status

Non Compliance

Discussion

Documents reviewed show that there is physical force used by staff however; there is no indication that any formal verbal de-escalation techniques are applied prior to the use of physical force. In addition, there is no policy and procedures or training program in place for staff. The facility did provide me with a handle with care manual; however, there were no training record to substantiate training.

Recommendations

1. Develop policy and procedures for this provision. 2. Provide training for on policy and procedures and document
training. 3. Adapt an appropriate curriculum for training staff on the use of
verbal de-escalation skill and safe use of physical restraints. 4. Contact the National Partnership for Juvenile Justice for
recommendations on training program in this area.

Evidentiary Basis Document review

Provision 8.2 Use of Force Status Discussion
Recommendations

Henley-Young shall notify a medical professional, including but not limited to the licensed practical nurse on duty whenever physical force is used against a resident. A medical professional shall examine a youth immediately after the use of physical force.
Non Compliance
There is a nurse at the facility from 5:30 am until 1:00 pm. I found no documentation of a medical professional being notified when force is used on a youth, nor any indication that youth are seen after force is used. I also found no policy and procedures to address this provision. Since youth are in the facility 24/7, I found no record to suggest that medical professionals are at the facility in the evening or during the weekends to address this provision.
1. Develop comprehensive policy and procedures for this provision. 2. Provide training to staff on policy and procedures and document
training. 3. Review nursing schedule and provide more hours at facility. 4. Provide written documentation of examination of youth by medical
professional in every instance.

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5. Provide additional medical services after hours and on weekends.

Evidentiary Basis Document review, observation

6. Meals and Nutrition

Provision 9.1 Meals and Nutrition

Youth shall be provided three meals and a snack daily. If a youth misses a meal because he or she is attending court, or some other appointment, he or she shall receive the missed meal upon his or her return to detention.

Status

Non Compliance

Discussion

During my interviews and observation, I found no youth who complained about the food. However they did complain that they did not get enough food.

Recommendations

1. Review portions to ensure youth receive enough food during meals.

2. Develop policy and procedures for this provision. 3. Provide training for kitchen staff and all other staff members
involved with meals.

Evidentiary Basis Document review, observation, interviews

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Provision 9.2 Meals and Nutrition

All meals and snacks served to youth at Henley-Young shall, at a minimum, comply with the nutrition guidelines set forth in the United States Department of Agriculture’s School Meals Program standards.

Status

Non Compliance

Discussion

I reviewed the meal menu and found that it complies with national school meal program standards. The only complaint by youth was they did not get enough food.

Recommendations Develop policy and procedures for this provision.

Evidentiary Basis Document review, observation, interviews

Provision 9.3 Meals and Nutrition Status Discussion
Recommendations

Youth shall be provided access to drinking water throughout the day.
Non Compliance
Since there appears to be problems with the drinking water, the facility has purchased Igloo coolers for each unit. The State environmental office should be contacted to inspect the water system at the facility. I will review during my next visit to determine if water is available in school area. Also water fountains that are inoperable should be repaired.
1. Contact County or State Environmental office to conduct test on water system.
2. Ensure youth receive water during school and recreational periods. 3. Develop a policy for incidents regarding water quality and
procedures to address them. 4. Repair inoperable drinking fountains.

Evidentiary Basis Document review, observation, interviews

5. Clothing

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Provision 10 Clothing

Henley-Young shall provide basic clothing items for youth at all times. These items must include, at a minimum, socks, underwear, uniform, shoes, and undershirts. For girls, these items must also include a brassiere. When appropriate, Henley-Young shall also provide youth with a coat, hat, and gloves. Youth must be provided with a clean uniform, socks, undershirt, underwear, and brassiere, if applicable, upon intake and at least once per day. No youth shall be deprived of these basic clothing items for any reason, including, but not limited to, as a punishment, because these items are being washed, or due to overcrowding.

Status

Non Compliance

Discussion

During my observation of the clothing process I found clothing that was torn, tattered and dingy or not clean (see introduction). I also found that the female residents do the washing for the facility. At no time did I find boys at the facility doing any washing or folding of clothing. I also found no adequate procedures for this provision.

Recommendation

1. Develop policy and procedures to adequately address this provision.

2. Check washer and dryer to ensure they are working properly. 3. Ensure that girls and boys are equally involved in cleaning and
folding clothes. 4. Hire 2 laundry staff to ensure clothing is handled properly. 5. Ensure that all staff and youth wear protective material (smocks and
gloves) when handling chemicals. Discard clothing that is torn, dingy and in poor condition. 6. Develop schedule for distribution.

Evidentiary Basis Document review, observation, interviews

7. Hygiene and Sanitation

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Provision 11.1 Hygiene and Sanitation

Youth shall be provided with the means to maintain appropriate hygiene, including soap and shampoo for showers, which will occur at least once daily, soap for washing hands after each time the youth uses the toilet, and toothpaste and a toothbrush for tooth brushing, which will occur at least twice daily, a comb and brush, that if shared, shall be sterilized between uses by youth. Girls must be provided with panty liners on a daily basis and other feminine products as needed. Youth will be issued a comb and brush upon entering the facility; however, if youth are issued a recycled comb or brush or a comb or brush that has been used by another youth, HenleyYoung shall ensure that the comb and brush is sterilized and in good condition.

Status

Non Compliance

Discussion

During my review, I found that youth were directly or indirectly sharing hygiene products. I also observed that hygiene kits were not labeled with youth’s names and that kits were on a cart and soap was in a container, with no labeling. Most of the hygiene kits were lacking items such as soap, toothbrushes or deodorant. Also I found no adequate policy and procedures to address this provision.

Recommendations

1. Develop adequate policies and procedures for this provision. 2. Ensure that hygiene kits are properly labeled and youth are not
using each other’s hygiene products or items. 3. Ensure items such as hair brushes, if shared, are sterilized and in
good condition if they are to be reused. 4. Provide training for staff on these policies and procedures. 5. Ensure that clean face towels available for youth. 6. Develop a schedule for distribution of hygiene kits.

Evidentiary Basis Document review, observation, interviews

Provision 11.2 Hygiene and Sanitation Status Discussion
Recommendations

Youth shall be provided with sleeping mats and blankets that are clean and odorless sleeping mats shall be sanitized between uses by youth, and youth shall receive clean blankets weekly.
Non Compliance
The facility needs to ensure that blankets are clean and not torn or tattered. During my visit, I saw blankets that had holes in them and should have been discarded. The laundry area needs to be clean and maintained in an orderly fashion. I found no policy and procedures that addresses this provision.
1. Develop a policy and procedures for this provision and train staff on it.
2. Discard all blankets and mattresses that have holes in them and are tattered.

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3. Clean and maintain laundry area in orderly fashion. 4. Label area for towels, sheets, clothing etc.

Evidentiary Basis Observation

Provision 11.3 Hygiene and Sanitation Status
Discussion

Under no circumstances shall youth be deprived of mats and blankets.
Non Compliance After interviews and observations, I found no indication that youth were deprived of mats and blankets. However, I found no policy and procedures on this provision.

Recommendations

1. Develop policy and procedures for this provision. 2. Provide training for on policy and procedures and document
training.

Evidentiary Basis Observation

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Provision 11.4 Hygiene and Sanitation

Henley-Young shall maintain a sufficient number of clean, sanitary mats and blankets that correspond with the facility’s maximum capacity.

Status

Non Compliance

Discussion

See 11.3

Recommendations See 11.3

Evidentiary Basis Observation

Provision 11.5 Hygiene and Sanitation Status Discussion
Recommendations

Youth shall be provided with a clean, sanitary environment.
Non Compliance
Henley-Young is not clean. The environment feels dirty. There are vents that need cleaning, cracked windows, electrical outlets with paper in them, clogged drains in floor with debris in them. The showers need major cleaning, as do the toilets. The youth’s rooms have insufficient lighting or no lighting at all. The toiletries and hygiene items are left out in the staff area which is unsanitary. The furniture is so ragged that it should be discarded. The facility overall could use a new coat of paint that would brighten up the facility and not use the existing color scheme. The kitchen area could use a major cleaning; also food items should be dated and rotated from old to new.
1. Develop policy and procedures for this provision. 2. See areas in discussion that should be addressed. 3. Develop housekeeping and cleaning schedule. 4. Develop checklist or inspection report for each unit and area. 5. Develop work order system to ensure that when problem arise they
are addressed. 6. Develop corrective action plans as needed. 7. Provide training for staff on policy and procedures. 8. Ensure delivered food items are dated/rotated from old to new.

Evidentiary Basis Document review, observation, interviews

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Provision 11.6 Hygiene and Sanitation

Hinds County shall ensure that Henley-Young complies with relevant law regarding fire safety, weather emergencies, sanitation practices, food safety, and the elimination and management of environmental toxins.

Status

Non Compliance

Discussion

The facility must develop an adequate policy and procedures for this provision.

Recommendations

1. Develop adequate staff training regarding fire safety. 2. Properly maintain and repair fire equipment. 3. Ensure intercom systems are operating properly. 4. Ensure all mattresses used by youth are fire resistant. 5. Routinely test all fire equipment and system. 6. Ensure that all electrical outlets, wires and equipment (lights) are
properly working. 7. Develop work order system to ensure items are repaired. 8. Ensure that all areas in this provision are addressed by a certified
professional. 9. Develop policy and procedure and plans for fire safety, evacuation
etc.

Evidentiary Basis Document review, observation

Provision 11.7 Hygiene and Sanitation Status
Discussion

Youth shall be provided with clean drinking glasses and eating utensils.
Non Compliance Based on my observation there were clean drinking glasses and eating utensils. The facility however does not have policy and procedures for this provision.

Recommendations Develop policy and procedures for this provision.

Evidentiary Basis Document review, observation

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Provision 12.1 Medical Care

The parties agree, however, that henceforth, Henley-Young shall provide youth with adequate medical care, including: prompt screenings; a full physical exam within 72 hours after their detention hearing or disposition order, as applicable; access to medical professionals and/or prescription medications when needed; and prompt transportation to a local hospital in the case of a medical emergency. Hinds County is responsible for procuring and/or paying for all medications provided to residents.

Status

Non Compliance

Discussion

The facility has one nurse an (LPN) that provides medical services to youth. I found no policy and procedures that addressed this provision. According to the nurse she does pregnancy tests, medical screenings and physicals. She also indicated that no doctor comes to the facility. Because (LPN) nurses are not qualified to complete physicals, the facility is putting itself in serious legal jeopardy, as well as is the nurse. The nurse is working outside her scope of practice and expertise. There is no indication that she was trained and/or is certified to perform physical examinations. LPNs are usually supervised by registered nurses, nurse practitioners or physician assistants in the absence of a physician. The facility must have greater medical authority. I also did not find any medical protocols in my review of the documents. It has been a long standing fact that youth entering the Juvenile Justice System have a greater need for medical and mental health services than their counter-parts in the general community. Therefore, it is very necessary for youth entering the facility to receive a full physical examination by a qualified medical professional i.e. a doctor, physician’s assistant or a nurse practitioner. National standards suggest that the “extent of the health appraisal, including the medical examination is defined by a responsible medical physician.” There is also no indication that the nurse at HenleyYoung receives supervision by a qualified medical professional. In addition, I found no training for staff members who administer medication to youth once the nurse has left the facility nor anyone with emergency medical training. I also found that medications were improperly stored in a brown bag and placed in locked in a cabinet. This method of storing medications is not organized and there is no system for determining what medications are present in the facility at any given time. Because medications are not stored properly there is increased chance for error and medications should be placed in a medication cart where each individual would have its drawer and compartments. Medication should also be separated for sanitization reasons. There should also be refrigeration system for medications that must be stored at certain temperatures or just required to be refrigerated. Detention standards state that “The institution has a designated health authority with responsibility for health care services pursuant to a written agreement, contract or job description. The health authority may be a physician, a health administrator or other qualified health personnel. When this authority is other than a physician, final health judgments rest with a single designated physician.”

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Recommendations

1. Develop policy and procedures for this provision. 2. Develop policy and procedures and protocols based on standards for
Health Services in Juvenile Detention and Confinement facilities. 3. Provide training for staff members who administer medication to
youth on proper usage and possible side effects. Also train the staff on emergency protocols if side effects occur. 4. Have a licensed medical professional to review and sign off on policy and procedures. 5. Have a licensed health professional periodically review and provide supervision to the nurse at facility. 6. Develop forms to coincide with provision. 7. Remove medication from bags and place them in secure, organized areas and develop forms to determine what medications are present in the facility at all times. 8. Hire or have on contract a physician to review medical area. 9. Ensure that youth receive vision exams, dental screenings, mental health screenings, and hearing test etc.

Evidentiary Basis Document review, observation, interviews

Provision 12.2 Medical Care Status Discussion
Recommendations

Henley-Young shall ensure that a medical professional is available to examine youth confined at the facility to identify and treat medical needs, when necessary.
Non Compliance
The facility has an LPN available from 5:30 am until 1:00 pm five days a week. The facility has no licensed medical personnel at the facility evenings, nights and weekends; this exposes the facility to major liability. In addition, there is no policy and procedures that address this provision.
1. Hire qualified medical professional for nights and weekend care. 2. Develop policy and procedures for this provision. 3. Provide training for staff on this provision.

Evidentiary Basis Document review, observation, interviews

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Provision 12.3 Medical Care

Henley-Young shall implement its sick call policy and practice which ensures that confined youth who request non-emergency medical attention are examined by a medical professional within 24 hours of a youth placing him or herself on sick call, excepting weekends and holidays.

Status

Non Compliance

Discussion

The facility has an underdeveloped sick call process. The current process is a youth will ask a staff to see a nurse. A youth’s request for medical assistance should be made available at all times and if needed in a confidential manner with no staff discretion. It is important that HIPAA considerations are made in accordance with federal guidelines when working with medical and mental health records. There is no kite box for youth to place requests in and no one is assigned to make daily retrievals of the forms. The facility has no policies and procedures to address this provision. There is no clear standard for sick call at Henley-Young.

Recommendations

1. Develop policies and procedures for this provision. 2. Place a kite box on each unit. 3. Provide training for staff on this provision. 4. Nurse or designated person makes daily rounds to retrieve kites.

Evidentiary Basis Document review, observation, interviews

Provision 12.4 Medical Care Status Discussion
Recommendations

Prescription medications shall only be distributed by licensed medical staff or Henley-Young staff who has been trained by licensed medical personnel.
Non Compliance
I did not find any policy and procedures that address this provision. I also found no training records of staff being trained on distribution of medicine and their potential side effects. My concern is whether any of the staff members who are providing medication to the youth aware of their liabilities. Without proper policy and procedures the facility its staff, and the youth are in danger of being subjected to medical errors that could ill effect all persons involved.
1. Develop policies and procedures to address this provision. 2. These policies and procedures must include the appointment of a
medication administration protocol. 3. There must be a medication record of all medicines administered.
a. One record to reflect all medicines leaving the pharmacy; b. An additional record kept in each youth’s case file. 4. Ensure that the training is comprehensive make certain that all medical contingencies are considered. 5. The staff should be trained on what side effects to look for. 6. Provide training to staff on the policy and procedures for this provision.

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7. Training should be annually and documented.

Evidentiary Basis Document review, observation, interviews

Provision 12.5 Medical Care Status Discussion
Recommendations

Medical and mental health services shall be provided in a manner that ensures the confidentiality of youth’s health information.
Non Compliance
The facility does not have policies and procedures that address this provision. It is important that HIPAA considerations are made in accordance with federal guidelines when working with medical and mental record. All medical record must be kept in a safe and secure location, only available to a specified group of people. I will review this process during my next visit.
1. Develop policy and procedures to address this provision. 2. Get HIPAA requirements and institute them in facility. 3. Designate what persons have access to the youth’s medical records
within the facility and outside of the facility, but within the juvenile justice system. 4. Provide training to staff on policy and procedures. 5. Provide training to staff on HIPAA requirements, and document training. 6. Designate a HIPPA Privacy Officer.

Evidentiary Basis Document review, observation, interviews

Provision 12.6 Medical Care Status Discussion
Recommendations

Henley-Young shall develop procedures for monitoring youth who require individualized attention because of medical issues that do not involve requiring the youth to sleep on a mat in the visitation room.
Non Compliance
The facility need to create a medical care area other than the visitation area. Youth can become ill at any point of the day or night and there has to be a designated medical care area specifically to respond to the issues. Who has the authority to decide when youth needs greater evaluation? The facility does not have policies and procedures for this provision.
1. Develop policies and procedures to address this provision. 2. Develop processes of continuous monitoring youth with stable
medical issues, i.e. the care for a diabetic youth who are on an insulin regiment.
a. What are the medical requirements of the youth who needs monitoring?

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b. Who is responsible for the monitoring? c. How are the records kept of the monitoring? 3. Provide training to staff on the policies and procedures for this provision. 4. Annual competency training. Evidentiary Basis Document review, observation
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5. Mental Health Care

Provision 13.1 Mental Health Care

Henley-Young’s contractor, Hinds Behavioral Health Services, shall provide adequate mental health services to all confined youth with a mental health diagnosis or serious mental health need, as indicated by the MAYSI2. This shall include, but is not limited to, the provision of individual and group counseling sessions upon the request of a youth or the youth’s parent/guardian, access to a mental health professional at the detention center, and the distribution and medical monitoring of psychotropic medications by a medical professional.

Status

Non Compliance

Discussion

The facility does not have policy and procedures and practice to address this provision. Although I observed two youth admitted to the facility, I did not witness the administration of the MAYSI-2 assessment tool. Also, I found no indication or practice of group or individual counseling. I will review during my next visit. Hinds County is required by federal law to administer the MAYSI-2 to all youth who enter the doors of Henley-Young and must do so immediately. The test should be administered where there are little or no distractions.

Recommendations

1. Ensure that the facility has a Standardized Assessment Tool i.e. the MAYSI-2 to use during the intake process.
2. Develop policy and procedures to address this provision. 3. Provide training to staff on policy and procedures and provide
documentation of training. 4. Develop documentation that will track youths’ progress during their
stay at facility.

Evidentiary Basis Document review, observation, interviews

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Provision 13.2 Mental Health Care

Youth who are confined for longer than thirty (30) continuous days and who are prescribed psychotropic medications, shall be evaluated by a psychiatrist every thirty (30) days. Such evaluations may be performed by and through employees of Hinds Behavioral Health.

Status

Non Compliance

Discussion

I found no policy and procedures to address this provision. I also found no documentation for youth who were confined more than 30 days who were administered psychotropic medications. I will review this provision upon my next visit.

Recommendations

1. Develop policy and procedures to address this provision. 2. Provide training to staff on policy and procedures.

Evidentiary Basis Document review, observation, interviews

Provision 13.3 Mental Health Care
Status Discussion
Recommendations

Within 72 hours of a youth’s admission to the facility, staff shall develop individual mental health treatment plans for youth who are under the care of a mental health provider. Treatment plans shall emphasize continuity of care and shall ensure that whenever possible, youth are transported to appointments with their regular mental health provider, whether the appointments are standing or made after the youth’s initial detention.
Non Compliance
The facility has no policy and procedures for this provision. I also found no documentation that this process exists. I will review upon my next visit.
1. Develop policy and procedures to address this provision 2. Provide training to staff on policy and procedures. 3. Policy and procedure shall be reviewed and signed by licensed
mental health professional (psychiatrist etc).

Evidentiary Basis Document review, observation, interviews

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Provision 13.4 Mental Health Care

Henley-Young shall develop and implement policies and procedures for referring youth in need of psychiatric services to a licensed psychiatrist for a timely mental health evaluation. Such services may be provided by and through employees of Hinds Behavioral Health.

Status

Non Compliance

Discussion

The facility does not have policy and procedures for this provision. I will review upon my next visit.

Recommendations

1. Develop policy and procedures to address this provision. 2. Provide training to staff on policy and procedures and document
training.

Evidentiary Basis Document review, observation, interviews

Provision 13.5 Mental Health Care

Hinds County shall employ or contract for sufficient psychiatric services to permit a psychiatrist to fulfill the following functions:
a. conduct needed psychiatric evaluations prior to placing youth on psychotropic medications;
b. Monitor, as appropriate, the efficacy and side effects of psychotropic medications;
c. Participate in treatment team meetings for youth under the psychiatrist’s care;
d. Provide individual counseling and psychotherapy when needed;
e. Evaluate and treat in a timely manner all youth referred as possibly being in need of psychiatric services; and
f. Provide adequate documentation of treatment. g. All evaluations and services outlined above may be performed
and/or provided by and through employees of Hinds Behavioral Health or any other duly qualified Mental Health agency.

Status Discussion Recommendations

Non Compliance
The facility does not have policy and procedures for this provision. I will review upon my next visit.
1. Develop policy and procedures to address this provision. 2. Provide training to staff on policy and procedures and document
training.

Evidentiary Basis Document review, observation

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Provision 13.6 Mental Health Care

The psychiatrist and/or counselors shall review, if necessary, incident reports, disciplinary reports, suicide watch logs, and lockdown logs of youth under their care to determine whether their treatment is working and, if not, how it should be modified.

Status

Non Compliance

Discussion

The facility does not have policy and procedures for this provision. I saw no indication that this was happening. I saw records indicating that the youth were being seen elsewhere however, there was nothing showing how the facility was keeping a record of the status of the youth. I will review upon my next visit.

Recommendations

1. The mental health of the youth in the custody of the facility needs to be closely monitored at all times.
2. The facility needs to develop policy and procedures to address this provision.
3. Provide training to staff on policy and procedures and document training.
4. Facility needs documentation from mental health organization on plan of action for youth receiving a mental health services.

Evidentiary Basis Document review, observation

5. Prevention

Provision 14.1 Suicide Prevention

Henley-Young shall develop a multi-tiered suicide prevention policy that has at least three stages of suicide watch. Suicide watch shall not be used as punishment. The “suicide cell” shall be reserved for youth for whom the “suicide cell” is deemed necessary in conjunction with this suicide prevention policy.

Status

Non Compliance

Discussion

The facility does not have policy and procedures for this provision. Because the risk of suicide does occur, it is important that the facility staff be cognizant of the different degrees of risk and put in place policies and procedures to properly address each. I will review upon my next visit.

Recommendations

1. Develop policy and procedure to address this provision. 2. Provide training for staff on policy and procedure and document
training.

Evidentiary Basis Document review, observation

53

Case 3:11-cv-00327-DPJ-FKB Document 35 Filed 08/15/12 Page 54 of 61

Henley-Young Juvenile Justice Center Monitoring Compliance Report July, 2012

Provision 14.2 Suicide Prevention

Any youth placed on the highest level of suicide watch shall be evaluated by a mental health professional, ideally within 12 hours, but in no case longer than 24 hours of his or her placement on suicide watch. If a youth on the highest level of suicide watch is not evaluated by a mental health professional within 24 hours, the youth shall immediately be transported to a local mental health facility or emergency room for evaluation and/or treatment.

Status

Non Compliance

Discussion

The facility does not have policies and procedures or protocol to address this provision. The youth may need immediate mental health treatment. For this reason, the facility must put in place specific protocol to proactively provide appropriate care for youth. I will review upon my next visit.

Recommendations

1. Develop policies and procedures to address this provision. 2. The facility needs mental health professionals to help develop these
policies and procedures as they are the authorities in this area. 3. Provide training for staff on policies and procedures and document
training. 4. Identify mental health agency to help develop policy and procedures
and protocols.

Evidentiary Basis Document review, observation

Provision 14.3 Suicide Prevention

Youth on suicide watch shall participate in recreation, school, and any other structured programming. Youth shall not be required to wear a “suicide gown” unless locked in a cell. Staff shall closely monitor youth on suicide watch, which includes logging activities every 15 minutes.

Status

Non Compliance

Discussion

There were no situational issues that occurred during my visit that appropriately addressed this matter, however, once guidelines are developed the facility shall identify youth that fall under the edict of this provision and put protocols in place. At present the facility does not have policies and procedures for this provision. I will review upon my next visit.

Recommendations

1. Develop policy and procedure to address this provision with the assistance of a mental professional.
2. Provide training for staff on policies and procedures and document training.

Evidentiary Basis Document review, observation

54

Case 3:11-cv-00327-DPJ-FKB Document 35 Filed 08/15/12 Page 55 of 61

Henley-Young Juvenile Justice Center Monitoring Compliance Report July, 2012

When a youth is placed on any level of suicide watch, a report shall be Provision 14.4
made within 24 hours to the youth court, as well as to the youth’s guardian, Suicide Prevention
and his or her defense attorney.

Status

Non Compliance

Discussion

Presently the facility has no reporting vehicle for this provision. The facility does not have policy and procedures for this provision. I will review upon my next visit.

Recommendations

1. Develop policy and procedures for making and distributing the reports in this provision
2. Provide training for staff on policies and procedures and document training.

Evidentiary Basis Document review, observation

3. Family Support and Interaction

Provision 15.1 Family Support and Interaction

Visitation shall not be restricted or withheld from youth unless the detention center director determines that a visit will violate the security of HenleyYoung or will endanger the safety of residents, visitors, or staff. Visitation should not be restricted as a form of punishment.

Status

Non Compliance

Discussion

The facility does not have policy and procedure for this provision. I will review upon my next visit.

Recommendations

1. Develop policy and procedures and practices for this provision. 2. Provide training for staff on policies and procedures and document
training.

Evidentiary Basis Document review, observation

Provision 15.2 Family Support and Interaction Status Discussion
Recommendations

Within 90 days of the effective date of this Settlement Agreement, HenleyYoung shall provide accommodations that allow youth to have contact visits with their families.
Non Compliance
The facility does not have policy and procedures for this provision. During my visit, youth were still receiving visits through the existing intercom system. My review of the visitation process showed that eight phones were present during the visitation period however four were out of service. I will review this process during my next visit
1. Develop policy and procedures to address this provision. 2. Identify area where contact visitation will take place.

55

Case 3:11-cv-00327-DPJ-FKB Document 35 Filed 08/15/12 Page 56 of 61
Henley-Young Juvenile Justice Center Monitoring Compliance Report July, 2012
3. Provide training for staff on policies and procedures and document training.

Evidentiary Basis Document review, observation

Provision 15.3 Family Support and Interaction
Status Discussion
Recommendations

Visitation shall be regularly scheduled at least three times per week, which shall include evening and/or weekend visitation times in order to encourage family visitation. Henley-Young shall permit the minor siblings of confined youth to participate in visitation, as long as the minors’ parent or guardian is present during the visit and the siblings are not harmful to the youth who is detained at Henley-Young. Henley-Young shall also permit a confined youth’s own child (ren) to participate in visitation
Non Compliance
The facility does not have policy and procedures to address this provision. The facility only has non-contact visits, and these visits occur only 3 days a week (Tuesday, Thursday and Sunday from 6:00 pm to 7:30 pm). The facility shall find a location within the facility that allows contact visits. The visitation time shall be extended to accommodate for availability of visitors throughout the visitation period. I will review process during my next visit.
1. Develop policy and procedures and practices to address the needs of this provision.
2. Provide training for staff on policies and procedures and document training.

Evidentiary Basis Document review, observation

56

Case 3:11-cv-00327-DPJ-FKB Document 35 Filed 08/15/12 Page 57 of 61

Henley-Young Juvenile Justice Center Monitoring Compliance Report July, 2012

Provision 15.4 Family Support and Interaction

Youth may receive phone calls from their attorneys. At the discretion of the Director or assignee, in emergency situations, youth may receive phone calls from parents, primary caretakers, or legal guardians. Emergency phone calls and phone calls from attorneys should not be restricted as a form of punishment

Status

Non Compliance

Discussion

The facility does not have policy and procedures for this provision. The issue of external access is important to the well being of the youth in the facility and should not be limited, especially in emergency situations. I will review upon my next visit.

Recommendations

1. Develop policy and procedures and practices to address the needs of this provision.
2. Provide training for staff on policies and procedures and document training.

Evidentiary Basis Document review, observation

3. Miscellaneous Provisions

Provision 16.1 Miscellaneous Provisions

Male and female youth shall be provided with equal access to educational and rehabilitative services, medical care, and indoor and outdoor recreation.

Status

Non Compliance

Discussion

During my visit, I found male and female youth were receiving equal service as it relates to education and medical needs. However, I found no indication that males and females were receiving the same access to rehabilitative services and recreational services. I found that boys had the ability to engage in outdoor recreation where girls were not. Even if the 89 day program was working I found no girls that were adjudicated to it or even knew about it. The facility also has no organized recreation schedule that would identify what service or programming in which the youth could participate.

Recommendations

1. Develop policy and procedures and practices for this provision. 2. Develop monthly recreational schedules. 3. Develop comprehensive facility schedules. 4. Provide training for staff on policies and procedures and document
training.

Evidentiary Basis Document review, observation

57

Case 3:11-cv-00327-DPJ-FKB Document 35 Filed 08/15/12 Page 58 of 61

Henley-Young Juvenile Justice Center Monitoring Compliance Report July, 2012

Provision 16.2 Miscellaneous Provisions

The parties agree, however, that henceforth: All youth shall have the opportunity to engage in at least one hour of large muscle exercise a day.

Status

Non Compliance

Discussion

Based on my observation most male youth were provided with a one hour large muscle exercise a day; however, the girls received no such opportunity.

Recommendations

1. Develop policy and procedures and practices to address the needs of this provision.
2. Provide training for staff on policies and procedures and document training.

Evidentiary Basis Document review, observation

Provision 16.3 Miscellaneous Provisions Status
Discussion
Recommendations

Henley-Young shall implement a policy which prohibits staff from insulting youth or calling them names, and using profanity in the presence of youth
Non Compliance
According to the youth I interviewed, the staff uses profanity in presence of youth. This is also documented in SPLC reports I reviewed.
1. Develop policy and procedures and practices to address the needs of this provision.
2. Provide training to staff in the proper de-escalation techniques of youth.
3. Administration must provide enough supervision to reduce or eliminate insulting behavior by staff.
4. Discipline and retrain staff as needed. 5. Provide training for staff on policies and procedures and document
training.

Evidentiary Basis Document review, observation, interviews

58

Case 3:11-cv-00327-DPJ-FKB Document 35 Filed 08/15/12 Page 59 of 61

Henley-Young Juvenile Justice Center Monitoring Compliance Report July, 2012

Provision 16.4 Miscellaneous Provisions

Henley-Young shall implement an adequate grievance policy that is accessible to all youth regardless of literacy levels, and that provides youth with the opportunity to appeal facility level determinations. Youth shall obtain the grievance forms from the school liaison.

Status

Non Compliance

Discussion

The facility does have a grievance process. However, it is under developed and youth have no confidence in it. According to the director, “I check the grievance box in the hall daily and there are not grievances in it.” The mark of a good facility is that you do have youth who file grievances. It is their way of addressing multiple concerns they may have i.e. staff problems, youth problems, school problems, food issues, clothing or hygiene issues, policy issues and family issues just to mention a few. Therefore it is an excellent tool to give the facility administration an idea of the facility culture. Also, the youth should have access to pen and paper and the help of staff if needed to assist with writing grievances. Staff should not feel intimidated or reluctant to assist youth in this process. The grievance process is an important part of institutional operations because it provides a means of addressing perceived injustices and it helps with the rehabilitative process. Grievances also assist administrators by providing them with information about abuses that may be occurring. The procedure should be clear and simple:

1. Youth present grievances to staff; 2. Prompt investigation of grievances (3 days usually); 3. Youth can present to an outside individual (impartial); 4. Notice to the youth of the decision; 5. Written record of grievance, investigation, decision and final
action taken.

Recommendations

1. Develop adequate policy and procedures for this provision. 2. Place grievance boxes on each unit and school. 3. Provide training for staff on policies and procedures and document
training. 4. Provide training for youth on policies and procedures and document
training.

Evidentiary Basis Document review, observation, interviews

59

Case 3:11-cv-00327-DPJ-FKB Document 35 Filed 08/15/12 Page 60 of 61

Henley-Young Juvenile Justice Center Monitoring Compliance Report July, 2012

Provision 16.5 Miscellaneous Provisions

Hinds County denies that Henley-Young does not currently have an adequate policy whereby youth can request to see their attorney and/or Youth Court counselor. The parties agree, however, that henceforth: Henley-Young shall develop and implement an adequate policy that allows youth of all ages and literacy levels with the opportunity to request to see their attorney and/or Youth Court counselor. Youth shall obtain the form requesting a visit from his/her counselor from the school liaison. HenleyYoung agrees to collaborate with the Plaintiffs to design and implement a comprehensive juvenile justice pre-service and in-service training program for detention center staff. Training shall include, but is not limited to, the mandatory reporting requirements for direct care workers, the requirements of the Prison Rape Elimination Act, verbal de-escalation techniques, adolescent brain development and developmental issues, effective communication with adolescents, effective documentation, appropriate use of force and restraint, and best practices for detention center administration.

Status

Non Compliance

Discussion

The facility does not have adequate policy and procedures for this provision.

Recommendations

1. Develop policy and procedures and practices for this provision. 2. Provide training for staff on policies and procedures and document
training.

Evidentiary Basis Observation, interviews
Conclusion
Based on my review of documents, discussions and observations, I find the Henley-Young facility falls far below contemporary standards for juvenile detention. The facility has begun to develop a policy manual but the manual needs to be more fully developed to ensure that the facility staff has the ability to understand and follow its own policies and procedures. As stated earlier, I found the facility staff not to be neglectful or abusive but the lack of staffing and structure creates an environment that is neglectful and abusive. It is my opinion that Hinds County is committed to this process but there is a need for consistent leadership at the facility. Because of the high turnover in the leadership of the facility over the past several years, it is difficult to create a safe and secure environment. Mr. Knight is the third facility director in three years. This creates instability, chaos and a lack of direction. Another problem with the facility is the major need for maintenance of the building. This building, which has only been open twelve years, is in extremely poor condition from a maintenance perspective. The facility staffing structure is not conducive to operational efficiency or effectiveness. There is a need for, at a minimum, a director, deputy director, operational manager along with enough supervision for each shift (see provision 2.1). Additionally, Henley-Young needs medical staff (i.e. nurses and doctors), a quality assurance manager, and a grievance/due process officer, plus additional direct care staff are needed as mentioned in provision 2.1. As stated above, the lack of staffing in the facility keeps it in perpetual lock down mode.
60

Case 3:11-cv-00327-DPJ-FKB Document 35 Filed 08/15/12 Page 61 of 61
Henley-Young Juvenile Justice Center Monitoring Compliance Report July, 2012
Because there are many provisions to be addressed, I recommend that the County break the process into sections to ensure that each section addressed is functioning prior to moving on to another one. I am also recommending that policies and procedures are fully developed for each provision and that staff are trained on those policies with proper documentation of every training program. Also, when policy and procedures are developed for medical and mental health units there must be professionals from each profession assisting in the development of these policies, procedures and protocols. I also suggest that the County contact the National Partnership for Juvenile Services to provide core training to all staff as it relates to juvenile justice and juvenile detention standards. This organization provides a “train the trainer” model that can be utilized throughout the facility. I am advising that the Director and several of his designees visit several juvenile detention or correctional facilities. This will help give them an in-depth overview and greater understanding of the juvenile process. There are facilities in Louisiana, Michigan, Georgia, Wisconsin and Ohio that have a wealth of knowledge and experience. I would also recommend that the facility review the quality assurance standards for the State of Florida, the licensing rules for the State of Michigan and the standards for detention from Pennsylvania which will give a better understanding of the detention process and will be helpful in the restructuring of the facility. I would also suggest that the County work with the Council of Juvenile Correctional Administrators (CJCA) performance based standards that can provide assistance in the development of a data collection program for the facility. Finally, I would propose that the facility, in the development of policies, combine or consolidate some of the provisions as some provisions are continuations of others.
____________________ LEONARD B. DIXON
61

 
 Case 1:69-cv-14430-DDD Document 1 Filed 02/10/69 Page 1 of 4 PageID #: 1

CmLDOCKET UNITED STATES DISTRICT COURT

Jury demand date: NJ

144-3 0

D C Fonn No 106A Rev
ALEXANDRIA

I
TITLlD OJ' CASl!l /

UNITED STATES OF AMERICA

1 vs.

CATAHOULA PARISH SCHOOL BOARD; HENRY G. Df TALIAFERRO, President; AUBREY L. BROOKS, Superintendent of Schools in
Catahoula Parish
MAX GOOD,BRUCE EDMONDS, C.A. McGUFFIE, G.R.RICHARDSON, T.M.CARTER, GEORGE GRIFFING, and W.A.BOOK, Members

ATTORNEYS

For plaintiff:

us ~w~~*~~~~,Atty.Gen~~~·

Dep

Justice, Washington,D.C ~ ana

£liltxiix:fii:lo:fl:m~:ifmimlfx:i:i2S§~*2SxMf~ (:&H:

1~3•0£D••~ L (US.,AH~ Y) "'-

1, Raf'l:adell
3B12 Federa La. 71101

Keene,
l Bld:g.

,

U.
S

s.
hre

'

Nathaniel Douglas jgJ~ ..f.lJJM41L.
U S Dept of Justice (Eq~al Opportunit P. 0. Box 65958 Washington, D. C. 20035-5958
~(;OJ-s;¢_ ~~~'/~

MOVANT: "Save our School" represented by: Deborah L. McCormack, Donny J. Torrey, Norma Elliott, Roy Brown, Jr and · ' Letitia R. Cranston (tax payers of Catahoula Parish) ATTY: Jack Wright, Jr. (13699) One Wood St.
Monroe, LA 71201 318-387-0993

STATISTICAL RECORD
J.S. 5 mailed

. COSTS
Clerk2-10-69

For defendant: [ Ct>n ;:;oe'riffi:<;; ,Ao:: s t ,Di.r

r.T r' 1<'~1' ,l •

n·_., ... A+-.t-r.o _7:±1, _T, A__n.·~·

.:{!.' Pr\

n::_..,

"HHt u·.LL<.~·,
·-mill&.., <"I ., 0"7

Tft

.11 n. 4=•

~~~~istrict Attorney,

7th Judicial District, P. 0. Box 429, Louisiana ~for all Def1
7/,1¢.0

HAMM

D SILLS

(Robert L. Hammonds,Bar Roll #6484)

P. 0. Box 65236

Baton Rouge, LA 70896

(504) 923-3462 for Catahoula Parish School Board

Mr. Keith Guice, Superintendant

Catahoula Parish School Board

P. 0. B·ox 308 · ·

· ··

I· J()nesv~il.E.G' LA 7,343 ,,,

15 .oo

J.S. 6 mailed SSueict.2U0n0d0erTU.SC28~rSoerc.Iln3j,4A5&gTa.i4n2st Basis of Action: operat ~on of
compulsory Bi-RacialSchool System.

Marshal Docket fee Witness fees

Action arose at:

Depositions

Case 1:69-cv-14430-DDD Document 1 Filed 02/10/69 Page 2 of 4 PageID #: 2

DATE
1969

J!1NNK AT.EXANDR TA

PROCEEDINGS

Date Order JudgmentN

2-10-69 Original complaint with attached certificate, filed.

2-10-69 Original summonses (9) with copies for service, issued.

2-18-69" Returns (8) on 2-10-69 summonses filed: Eight (8) services made on 2-14-69. 3-3-69 Answer by DeftS S: (all Defts) to plaintiff's complaint, filed.

a r;_T

\-17-69 Interrogatories propounded by Pltf. to Defts., filed. 1-18-69 Return on summons filed: T.M.Carter served 2-17-69.

-10-69 Answers by Defts. to plaintiff's interrogatories 'lf7ith attached Exhibits & Naps.

filed,

6-~-69 Pn bane order of Court based on 5-2S-69 l'ifmdate of Court of Appeals

requirin~ Defts.,among other things, to develop and submit,in

conjunction with Dept. nf HEU new plan of desecrer~tion in the
manner set forth therein within 30 days from 6-5-69, filed~ Copies

thereof mailed by Clerk to counsel of record and Supts. of Deft.

~chool Boards.

Notice and Motion by Plaintiff for preliminary injunction with brief in support thereo.f, filed.

6-10-69 Letter from Judge Hunter setting Govta Motion for preliminary inyunction for hearing at 3:00 P.M., Monday, June 16th, filed. Notice given all counsel of record.
6-10-69 Entire record and docket sheet mailed to Deputy Clerk in Alexandria.

6-18-69 Record returned from Judge Hunter.

6-2ll-69 Order of Judge Hunter· GRANTING the plaintiff's motion for preliminary injunction & directing that this Court's en bane order of 6-5-69 apply in full to this case,
filed. (EFHJR) Copy thereof mailed by Judge Hunter to counsel for each side by his
letter dated 6-18-69. 7-10-69 Order issued by clerk by direction of Judge Hunter setting a

conference at Alexandria, La., at 4:30 PM, on July 18, 1969, which

sets forth matters to be covered at said hearing, filed. Copies thereof mailed by clerk to Mitchell, Shaheen, Falkenheiner &

Superintendent.

.... i; 1:·. ~;~~~d~~;- f"'

.(:! A.

.11-+- f"'.

~

:Eilfag

• l ··• ,.1 -· . •

H.

~- ei~r ~s ·:~~::l

1.,

C' ,t. ,,

for-~·J;

1L

rJ

~-;--~~rFI.);:;

11 ° "'·'""
ft1T:'cl.

7-18-69 Case came on for hearing. The Court ordered this case continued until

**

July 21, 1969, at Lake Charles, Louisiana. (EFHJR)

>3-1-69
'-3-6-69

Decree of Judge Edwin F. Hunter, Jr., which incorporates therein new desegregation plans for defendant school board, filed. For
details see said 3Ha decree~ £±xeS¥ Notice of entry given by
mailing copy of this entry to Messrs. Mitchell, Shaheen & Falkenheiner.
See No. 9981. Motion & Order to send original record to US Supreme

Court. **7-23-6~ (LIIke Charles Minutes) Aaentleci plan of Desecregatien was filetl by the Scheel
Jeartl; evitlence, etc. aatlucetl byGevt. until 4:30 PM at which tiae the Ceurt aacie
oral fiatlings anti instructetl counsel for the Scheel Joartl to prepare a for.. l jui~ent in acc•rci with the Court's fintlincs.(EFKJR) 9-8-69 Letter to Clerk from George Griffing , Asst.Dist.Atty. with attached Report coriM-
taining statistical information regarding the racial composition of schools by

grade, as required by the Judgment of this Court, filed.
7 -JJ-70 Mc. tion by ryeft. ScLn~J1. P.·::t1rd for an 0rder arnenc!i~;.g t~~~e d~s,::~regctinr~ rlnn esb0dieC

in the Court's Decree o£ '-29-69, 'Notice of 1-·earinz tbercon; Rr~e£ in S'-'?port:

9-2-70

sent !:0 Judge li:..:!.nter t0 a(<V:.sr: !-:im of the thrre0f: .. · · rhorooF ~.. ...... _.._... .~...,

d -n!r1...... o..t,_,..•_.._.,cht.tA:::r·~l~

oro~o~'ct e..c..:. l

1":<"1'.l1.f.':'.1'.'~"'-"!·r~~1'

do...~...r...o....~·.:,_ ,5_::.
:t:iJ~tng

t~~x.l:,l;_',l_i..,J·_L· ~

iC. . . k! I -o·;r:_l u,

" ' n t · r ' r.._~~~-~~·._·,.,.r, ·~._r f__ tl..-..·.:L~~ ..... l

•"!

;f:, Amended Decre
c~~~d8 ~~19:~~

e~.ioaf~~Jmu1dVo't:··e~. hH~ru~n~t~e~r~, ~1a

m~a·~etn~d1:innf~'g~f:thhee.PrC,ido~u~r~'t~'tsar·6~tm-P2:9~7R-~6~~9~1h~D7r~0etc!M~rte~efJ- .tfr.itfl1ti:n•jdj~i~lnt1n1.0s\~!a~ms·~ fia~,l~_;,.

P.

oq.,_cfi gJ,v~n ~. ur:t.f't ln ..•

by

... lerk

::>-2-/U

by m

:t.L.

6

c

to..

- ··

Case 1:69-cv-14430-DDD Document 1 Filed 02/10/69 Page 3 of 4 PageID #: 3
l). C.110A

Civ.

DATE

FILINGs-PROCEEDINGS

CLERK'S FEES

A MOl

~-------r-------4 ~~~L~

PLAINTIFF

DEFENDANT

RETU.

9-18-70 See No. 9981. "Objective Criteria Order" re dismissal or demotion, filed.
9-22-70 Extension of time, i.e. 30 days from 9-18-70,. i re filing of Criteria, filed. See No. 9981.
liJ-8-70 ( ::Oee r.Jo. 9981). Extension motion and order re :rardi g

Ohjective Criteria.

11-25-70

Motion by u. s.
with attachment hearing on said

of America for supplemental re (Court of Appeals Order), noti motion, certificate of service

ief e of
and

order of Judge Dawkins, Jr. thereon requiring efen an

school boards to file with the Clerk of this C dates specified therein, the reports described which reports shall be in lieu of any reports

urt ther

n
in us

y

ordered by this Court, filed. (BCDJR) Notice

t

given by clerk to by mailing copies

counsel of this

for Defendant School entry to Messrs. Edw

n

o.

e,

Louis Berry, Falkenheiner

Charles A. and Edward

Riddle, Jr., Sam
s. Christenbury.

L.

We

ls,

12-10-7 Letter to Clerk from O.L. Harper, Morehouse Parish Board with attached reqport required by Court Order

ed.

Copy of said report given opppsing counsel bJX throug

4-29-71
9-24-71

See 1068~ttf~elesponse to
Letter to Clerk from Atty.

Objective for Deft.

Criteria, etc., fil Board with attached

12-3•71

requ Lett

ire er

d t

by Par. o ~lerk

frXomofACttoyu.rtf'sordDecerfete.Boofar7d-2w9i-t6h9,attfailcehde.d

required by Court's 11-25-70 order, filed. 3-11-7 Motion by Norman .Magee, Attorn!!Y at Law,. to w thdr

the record in this case for a period of thirty (30)

days and order thereon granting same, filed. (BCD )

3-12-7 Entire record mailed this date to Mr. Norman 1age ,

pursuant to order of court filed 3-11-74 for a

d

4-17-74

of thirty {30) days.
Entire record returned to

Clerk

by

Norman Magee

this

dat

•

6-26-80 MOTION (D)for Supplemental Relief set for hearing Monda , 7-2 -80.

NOE 7-1-80 (om)

7-17-80 M.E. 7-21-80 motion he~ng ~ up~et and pa¢~ed to next 7-22-80 NOTICE ~~etting 6-26-80 motion 6o~ 8-18-80 (a¢)

NSS/ ) N E ;tmj

7-23-80 LETTER from Gregg Meyers, Attorney, U. S. Department of

8-7-80 08/19/93

request that we enter a copy of letter from him to Ju

Motion for Supplemental Relief by D into the record f r thi

)

JUDGMENT allowing the Catahoula Parish School Board to t ansfe

Jonesville Elementary Grade 5 to Jonesville Junior Hi h Gr e 5 and t e

Jonesville Junior High Grade OTION (Catahoula Parish School

8 to Block High School G ade 8. Board, et al, for Author·zatio

( to

SS)

(o

)

Implement Student Enrollment and Transfer Policy, with

and

OE AO

Proposed Order, referred to Judge Nauman S. Scott. (oM) 08/23/93 ORDER granting Motion of Defendants for Authorization to Imple
Enrollment and Transfer Police. Ordered that the Stud nt En

t d

Transfer Policy attached to defendants' motion as Exhi it A

beginning with the 1993-94 school year. (NSS/om) NOE b

5-23-94

MOTION (S~ve our Schools, McCormack, Torrey, Elliott, rown Intervene and for TRO referred to NSS on 5/25/94 b CI. (

5-26-94 6-1-94 6-13-94

MINUTE ENTRY: Hearing is scheduled for 6/3/94 at 1:00pm in Al x ( MMOINTUIOTNE (EDNsT)RYf:orHeAauritnhgoriiszarteioschtoedCuloendsofloidrat6e/2S8c/9h4oo~lst a1ri·d0 'CPmhanign

Case 1:69-cv-14430-DDD Document 1 Filed 02/10/69 Page 4 of 4 PageID #: 4

DATE

FILING5-PROCEEDINGS

CLERK'S FEES

PLAINTIFF

DEFENDANT

AMOUNT REPORTED IN EMOLUMENT
RETURNS

6-20-94 6-24-94 6-28-94 6-28-94 6-28-94
5-30-94 7-7-94 7-7-94
7-7-94 7-11-94 17/18/94 17/18/94
18-94
7-17-95 -28-95
08-07-95

RESPONSE (USA) to School Board's Motion to Consolidate (cag)
HEMO IN OPPOSTION (Catahoula Parish School Board) to Petition of nterv ntion ·· (ca ) MEMORANDUM ("Save our Schools") in Response to Opposition to Pet tion o I:1tervere (cag) RESPONSE (USA) to Petition to Intervene filed by "Save our Sc ool1 11 (ca) MINUTES OF COURT of hrg. on "Save our Schools"'s Motion .. o In ervEne & ata:1oula arish Sc (6/24) Motion for Authorization to Consolidate Schools and ClangE Stud nt 0\.ttendcnce Zonc
Testimony and evidence was adduced concerning the mot on oint rve:1e; talen undeJ advisement. Court granted intervenor 10 days to supp eme this argJment vith a mc randum. The Court also heard testimony and evidence <n m< tions by 3chool Board 1 consolidate two schoois. That matter will be ruled 01 af er in erv~ntion motion : decided. Court Reporter: Jackie Weaver (NSS/cag) NOE by rll
LIST OF EXHIBITS admitted durng 6/28/94 Hearing/mll (cag) OPINION re: school desegregtion plan adopted by this Court on 7/2< /69 (t SS/ ~11) NC E by ca~ JUDGMENT- Ordeed that school desegregation plan adopted by tlis (ourt <n 7 29/69 be amenc
as follows: (A) Close Enterprise High School by tram fer ng stt den s in rades Kto Harrisonburg Elementary School and students in graces -12 t< Ha rison urg Higl (B) Assign students in grades 6-8 attending Mani est Ilem ntary SchJol to Jonesvi: High School (NSS/mll) NOE by cag ORDER- Intervention of Save our Schools is dismissed (NSS/ml) N<E by ag
MEMO (Movant) IN SUPPORT of Petition for Intervention (c g)
OPINION amending Opinion of 07/07/94. (NSS/sjd) NOE. AMENDED JUDGMENT; J':ldgment of 07/07/94 is amended so tha para~rapfl B therecf shal
read as follows: B. Assign Manifest students in g ades b an~ 7 to Joresville Junior High School and Manifest students in grade 8 to Bl Jck Iigh S hoc • (NSS/sjd) ENTERED 07/19/94. RULING - We adhere to our original holding that 5/23/94 nterv~ntibn was untimely ~nd that
additioal memorandum confirmed that opinion & he implic~tion ha it wa3 made in bad faith. We confirm our decision and Jud~ ent d d 7 17/94. (N~S/cag) NOE:bg
MOTION(Ds) for Authorization to Close Manifest Elementarfl Schcol c:nd to Rea sign Students Jonesville Elementary School w/supporting memo and propcsed order ref to NSS (cag)
AMENDED MOTION (Ds) for Authorization to Close Manifest Eleme tar Scho~l apd to eassign Students to Jonesville Elementary School and Jone ville Jr igh S h "/suppo ting me1
and proposed order ref to NSS (cag) ORDER: granting motion and amended motion of defendants or au hor zatio to close Manifes
Elementary School and to reassign students to JonEsvill El menta y School nd Jane Junior High School effective the beginning of the 1995- 6 s hool ear (NSS/ mn) NOE

L0-31-2008 ALL FUTURE FILING WILL BE SUBMITTED ELECTRONICALLY
THROUGH THE COURT CM/ECF FILING SYSTEM (pt/- Jt/t/30

 
 CLOSED,FKB
U.S. District Court Southern District of Mississippi (Northern (Jackson)) CIVIL DOCKET FOR CASE #: 3:11-cv-00327-DPJ-FKB

J.H. v. Hinds County, Mississippi Assigned to: District Judge Daniel P. Jordan, III Referred to: Magistrate Judge F. Keith Ball Cause: 42:1983 Civil Rights Act

Date Filed: 06/01/2011 Date Terminated: 03/28/2012 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff
J.H. By and through his next friend Terina Gray, on behalf of himself and all persons similarly situated

represented by Corrie Wynette Cockrell SOUTHERN POVERTY LAW CENTER - Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 601/948-8882 Fax: 601/948-8885 Email: corrie.cockrell@splcenter.org (Inactive) TERMINATED: 12/17/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frances Kay Hardage DISABILITY RIGHTS MISSISSIPPI 5 Old River Place, Suite 101 Jackson, MS 39202 601/968-0600 Fax: 601/968-0665 Email: khardage@drms.ms (Inactive) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joi L. Owens DISABILITY RIGHTS MISSISSIPPI 5 Old River Place, Suite 101 Jackson, MS 39202 601/968-0600 Fax: 601/968-0665 Email: jowens@drms.ms (Inactive) TERMINATED: 07/22/2019

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paloma Wu SOUTHERN POVERTY LAW CENTER - Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 601/948-8882 Fax: 601/948-8885 Email: paloma.wu@splcenter.org TERMINATED: 02/12/2020 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Elissa F. Johnson SOUTHERN POVERTY LAW CENTER - Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 601/948-8882 Email: elissa.johnson@splcenter.org TERMINATED: 12/17/2018 ATTORNEY TO BE NOTICED
Jody E. Owens , II SOUTHERN POVERTY LAW CENTER - Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 601/948-8882 Fax: 601/948-8885 Email: JodyOwens@gmail.com TERMINATED: 07/22/2019 ATTORNEY TO BE NOTICED
Keisha L. Stokes-Hough SOUTHERN POVERTY LAW CENTER - Montgomery P. O. Box 2087 400 Washington Avenue (36104) Montgomery, AL 36104 334-956-8248 Fax: 334-956-8481 Email:

keisha.stokeshough@splcenter.org ATTORNEY TO BE NOTICED
Leslie Faith Jones SOUTHERN POVERTY LAW CENTER - Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 601-317-7519 Fax: 601-948-8885 Email: leslie.jones@splcenter.org ATTORNEY TO BE NOTICED
Poonam Juneja THE NATIONAL CENTER FOR YOUTH LAW 1212 Broadway, Suite 600 Oakland, CA 94612 510-899-6576 Fax: 510-835-8099 Email: pjuneja@youthlaw.org TERMINATED: 08/08/2011 ATTORNEY TO BE NOTICED
Sheila A. Bedi SOUTHERN POVERTY LAW CENTER - Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 601/948-8882 Fax: 601/948-8885 Email: sheila.a.bedi@gmail.com TERMINATED: 09/04/2012 ATTORNEY TO BE NOTICED
Vanessa Judith Carroll THE GEORGIA RESOURCE CENTER 303 Elizabeth Street, NE Atlanta, GA 30307 404/222-9202 Fax: 404/222-9212 Email: vanessa.carroll@garesource.org TERMINATED: 12/17/2018 ATTORNEY TO BE NOTICED

Plaintiff Disability Rights Mississippi

Vidhi Bamzai SOUTHERN POVERTY LAW CENTER - Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 601/948-8882 Email: vidhi.bamzai@splcenter.org TERMINATED: 12/14/2020 ATTORNEY TO BE NOTICED
Wendy Wilson White DISABILITY RIGHTS MISSISSIPPI 5 Old River Place, Suite 101 Jackson, MS 39202 601/968-0600 Fax: 601/968-0665 Email: wwhite@drms.ms (Inactive) TERMINATED: 07/30/2014 ATTORNEY TO BE NOTICED
William B. Bardwell SOUTHERN POVERTY LAW CENTER - Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 769-524-2008 Fax: 601/948-8885 Email: will.bardwell@splcenter.org TERMINATED: 08/05/2020 ATTORNEY TO BE NOTICED
represented by Corrie Wynette Cockrell (See above for address) TERMINATED: 12/17/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paloma Wu (See above for address) TERMINATED: 02/12/2020 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Elissa F. Johnson

(See above for address) TERMINATED: 12/17/2018 ATTORNEY TO BE NOTICED
Frances Kay Hardage (See above for address) ATTORNEY TO BE NOTICED
Greta K Martin DISABILITY RIGHTS MISSISSIPPI 5 Old River Place, Suite 101 Jackson, MS 39202 601-968-0600 Fax: 601-968-0665 Email: gmartin@drms.ms ATTORNEY TO BE NOTICED
Jody E. Owens , II (See above for address) TERMINATED: 07/22/2019 ATTORNEY TO BE NOTICED
Keisha L. Stokes-Hough (See above for address) ATTORNEY TO BE NOTICED
Leslie Faith Jones (See above for address) ATTORNEY TO BE NOTICED
Poonam Juneja (See above for address) TERMINATED: 08/08/2011 ATTORNEY TO BE NOTICED
Sheila A. Bedi (See above for address) TERMINATED: 09/04/2012 ATTORNEY TO BE NOTICED
Vanessa Judith Carroll (See above for address) TERMINATED: 12/17/2018 ATTORNEY TO BE NOTICED
Vidhi Bamzai

V. Defendant Hinds County, Mississippi

(See above for address) TERMINATED: 12/14/2020 ATTORNEY TO BE NOTICED
William B. Bardwell SOUTHERN POVERTY LAW CENTER - Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 601/948-8882 Fax: 601/948-8885 Email: will.bardwell@splcenter.org TERMINATED: 08/05/2020 ATTORNEY TO BE NOTICED
represented by Lisa Mishune Ross LISA M. ROSS, ATTORNEY P. O. Box 11264 Jackson, MS 39283-1264 601/981-7900 Fax: 601/981-7917 Email: lross@lmrossatlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Scherrie L. Prince PRINCE & ASSOCIATES, PLLC P. O. Box 24083 Jackson, MS 39225 601/206-0284 Fax: 888/449-4976 Email: sprince@princelawassociates.com TERMINATED: 03/17/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anthony R. Simon SIMON & TEEUWISSEN, PLLC 621 East Northside Drive Jackson, MS 39206 601-362-8400 Fax: 601-362-8444

Defendant Hinds County Youth Court

Email: anthonysimonpllc@bellsouth.net TERMINATED: 01/10/2020 ATTORNEY TO BE NOTICED
Pieter Teeuwissen SIMON & TEEUWISSEN, PLLC 621 East Northside Drive Jackson, MS 39206 601/362-8400 Fax: 601/366-2292 Email: adwoodard@bellsouth.net TERMINATED: 01/10/2020 ATTORNEY TO BE NOTICED
Rayford G. Chambers CHAMBERS & GAYLOR, PLLC P. O. Box 12393 Jackson, MS 39236-2393 601/914-0248 Fax: 601/914-0255 Email: rchambers@cglawpartners.com ATTORNEY TO BE NOTICED
Tony R. Gaylor-County Gov HINDS COUNTY BOARD OF SUPERVISORS P. O. Box 686 Jackson, MS 39205-0686 601-968-6797 Fax: 601-968-6794 Email: tgaylor@co.hinds.ms.us ATTORNEY TO BE NOTICED
represented by Hinds County Youth Court 940 E. McDowell Road Jackson, MS 39204 601-985-3000 PRO SE
Kelly G. Williams THE LAW OFFICE OF KELLY G. WILLIAMS, PLLC 745 Avignon Drive, Suite C P. O. Box 2172 (Madison, MS 39130)

Ridgeland, MS 39157 601/982-1111 Fax: 480/772-4808 Email: kelly@kellywilliamslaw.com TERMINATED: 07/26/2016 ATTORNEY TO BE NOTICED

Date Filed 06/01/2011 06/01/2011 06/01/2011 06/01/2011 06/01/2011 06/02/2011
06/06/2011
06/06/2011 06/06/2011
06/08/2011

# Docket Text
1 COMPLAINT against Hinds County, Mississippi (Filing fee $ 350.00 receipt number 34643010067), filed by J.H.. (Attachments: # 1 Civil Cover Sheet)(SEC) (Entered: 06/01/2011)
2 Summons Issued as to Hinds County, Mississippi. (SEC) (Entered: 06/01/2011)
3 MOTION to Certify Class by J.H. (Cockrell, Corrie) (Entered: 06/01/2011)
4 MEMORANDUM in Support re 3 MOTION to Certify Class filed by J.H. (Attachments: # 1 Exhibit Bedi Declaration, # 2 Exhibit Gray Declaration)(Cockrell, Corrie) (Entered: 06/01/2011)
5 SUMMONS Returned Executed by J.H. Hinds County, Mississippi served on 6/1/2011, answer due 6/22/2011. (Juneja, Poonam) (Entered: 06/01/2011)
DOCKET ANNOTATION as to #4: L.U.Civ.R.7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (SEC) (Entered: 06/02/2011)
6 AMENDED COMPLAINT against Hinds County, Mississippi, filed by J.H.. (Attachments: # 1 Exhibit A -DRMS agreements, # 2 Exhibit B MOU, # 3 Exhibit C - email re denial of access, # 4 Exhibit D- email re denial of access to retained clients, # 5 Exhibit E - 2009 memo, # 6 Exhibit F - 2011 memo)(Cockrell, Corrie) (Entered: 06/06/2011)
7 MOTION for Preliminary Injunction by J.H. (Attachments: # 1 Exhibit A - DRMS agreements, # 2 Exhibit B - memos, # 3 Exhibit C - access orders)(Cockrell, Corrie) (Entered: 06/06/2011)
8 MEMORANDUM in Support re 7 MOTION for Preliminary Injunction filed by J.H. (Attachments: # 1 Exhibit A - access Haco, # 2 Exhibit B access Laco, # 3 Exhibit C - Forrest, # 4 Exhibit D - MOU BOS, # 5 Exhibit E - Jed decla, # 6 Exhibit F - memo of cooperation, # 7 Exhibit G - Dana email)(Cockrell, Corrie) (Entered: 06/07/2011)
9 NOTICE of Appearance by Lisa Mishune Ross on behalf of Hinds County, Mississippi (Ross, Lisa) (Entered: 06/08/2011)

06/14/2011
06/16/2011 06/17/2011 06/24/2011
06/24/2011
06/28/2011
06/29/2011 06/30/2011 07/08/2011

Set/Reset Deadlines as to 7 MOTION for Preliminary Injunction. Motion Hearing set for June 17, 2011 at 3:00 PM in Courtroom 5A (Jackson) before District Judge Daniel P. Jordan III. Please note that this hearing will be held at the new Jackson Federal Courthouse, 501 East Court Street, Courtroom 5A East, Jackson, Mississippi. (SP) (Entered: 06/14/2011)
10 Subpoena Returned executed as to Tony Best. (Cockrell, Corrie) (Entered: 06/16/2011)
Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Motion Hearing held on June 17, 2011 re 7 MOTION for Preliminary Injunction filed by J.H. The parties have until June 24, 2011 to submit their briefs to the Court regarding the issues discussed in Court. Court Reporter Cherie Bond (601) 608-4186. (SP) (Entered: 06/17/2011)
11 Response in Support re 7 MOTION for Preliminary Injunction by J.H. (Attachments: # 1 Exhibit A - DRMS agreements, # 2 Exhibit B memos, # 3 Exhibit C - access orders)(Cockrell, Corrie) filed by Disability Rights Mississippi (Attachments: # 1 Exhibit Exhibit A Transcript of PI Hearing, # 2 Exhibit Exhibit B Mental Health Report, # 3 Exhibit Exhibit C HY June 2 Roster, # 4 Exhibit Exhibit D HY June 23 and 24 Roster, # 5 Exhibit Exhibit E E-mail exchange between L. Ross and J. Owens, # 6 Exhibit Exhibit F Monitoring Reports)(Cockrell, Corrie) (Entered: 06/24/2011)
12 RESPONSE in Opposition re 7 MOTION for Preliminary Injunction filed by Hinds County, Mississippi (Attachments: # 1 Exhibit AMemorandum of Understanding, # 2 Exhibit B-Agreed Order, # 3 Exhibit C-Agreed Order, # 4 Exhibit D-Agreed Order, # 5 Exhibit EDraft copy of Agreed Order, # 6 Exhibit F-E-mail between undersigned and counsel for DRMS)(Ross, Lisa) (Entered: 06/24/2011)
13 REPLY to Response to Motion re 12 Response in Opposition to Motion, filed by Disability Rights Mississippi (Attachments: # 1 Exhibit Exhibit A - Harrison County Agreed Order, # 2 Exhibit Exhibit B - Lauderdale County Agreed Order, # 3 Exhibit Exhibit C - M. Gillum Declaration, # 4 Exhibit Exhibit D - E. Johnson Declaration, # 5 Exhibit Exhibit E Forrest County Agreed Order)(Cockrell, Corrie) (Entered: 06/28/2011)
14 ANSWER to 6 Amended Complaint, by Hinds County, Mississippi.(Ross, Lisa) (Entered: 06/29/2011)
15 NOTICE of Appearance by Vanessa Judith Carroll on behalf of All Plaintiffs (Carroll, Vanessa) (Entered: 06/30/2011)
16 Emergency MOTION for Declaratory Judgment by Hinds County, Mississippi (Ross, Lisa) (Entered: 07/08/2011)

07/08/2011 07/08/2011 07/15/2011 07/15/2011 07/20/2011 07/21/2011 07/25/2011
07/26/2011 07/28/2011

DOCKET ANNOTATION as to #16: Exhibits and document filed together as one document: Exhibits should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry. Attorney is directed to refile this document. (SEC) ). (Entered: 07/08/2011)
17 Emergency MOTION for Declaratory Judgment by Hinds County, Mississippi (Attachments: # 1 Exhibit A- Judge William Skinner's Order Regarding Access dated July 1, 2011, # 2 Exhibit B-Judge Keith Starrett's Order dated June 13, 2011 Judg, # 3 Exhibit C-Orders Regarding Access)(Ross, Lisa) (Entered: 07/08/2011)
18 RESPONSE to Motion re 17 Emergency MOTION for Declaratory Judgment filed by Disability Rights Mississippi, J.H. (Cockrell, Corrie) (Entered: 07/15/2011)
19 NOTICE of Filing Declarations by Disability Rights Mississippi, J.H. re 13 Reply to Response to Motion, (Attachments: # 1 Exhibit Exhibit A Declaration of Oppenheim, # 2 Exhibit Exhibit B Declaration of Jaber, # 3 Exhibit Exhibit C Declaration of Gillum, # 4 Exhibit Exhibit D Redacted HY visit list)(Cockrell, Corrie) (Entered: 07/15/2011)
Set/Reset Hearings: Telephonic Status Conference set for July 21, 2011 at 8:30 AM before District Judge Daniel P. Jordan III. (SP) (Entered: 07/20/2011)
Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Telephonic Status Conference held on July 21, 2011. (SP) (Entered: 07/21/2011)
20 ORDER granting 7 Motion for Preliminary Injunction; granting 17 Motion for Declaratory Judgment as set out in the order. The parties are instructed to draft a preliminary injunction order consistent with this Order. If the parties cannot agree, then they should submit a proposed order that identifies areas of agreement and impasse. Defendant is hereby enjoined from complying with all state court orders that interfere with, contradict, or conflict with this Order and are hereby enjoined from enforcement of same. Such orders include, but are not limited to, the Youth Court Order. Signed by District Judge Daniel P. Jordan III on July 25, 2011. (SP) (Entered: 07/25/2011)
21 Rule 16(a) Initial Order Telephonic Case Management Conference set for 8/22/2011 02:00 PM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 07/26/2011)
22 MOTION to Withdraw as Attorney by Disability Rights Mississippi, J.H. (Juneja, Poonam) (Entered: 07/28/2011)

08/08/2011 08/23/2011 08/24/2011
08/26/2011 08/29/2011 09/01/2011 09/02/2011 09/08/2011 09/12/2011

23 ORDER granting 22 Motion to Withdraw as Attorney. Attorney Poonam Juneja terminated Signed by Magistrate Judge F. Keith Ball on 8/8/11 (dfk) (Entered: 08/08/2011)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Case Management Conference held on 8/23/2011. (JEJ) (Entered: 09/02/2011)
TEXT ONLY ORDER. This case came before the undersigned for a telephonic case management conference (TCMC) on 8/23/2011. Appearing for the TCMC were: Jody E. Owens, II, counsel for plaintiffs, and Lisa M. Ross, counsel for defendant. During the TCMC, counsel agreed that an early settlement conference before the undersigned would be beneficial to the parties. Counsel are instructed to contact the undersigned's chambers at 601-608-4460 and schedule a settlement conference through Courtroom Deputy Jackie Jones. If this case cannot be resolved at the settlement conference, a case management order (CMO) will be entered at that time. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 8/24/11 (JEJ) (Entered: 08/24/2011)
Set/Reset Hearings: Telephonic Status Conference set for August 30, 2011 at 10:00 AM before District Judge Daniel P. Jordan III. (SP) (Entered: 08/26/2011)
Set/Reset Hearings: Telephonic Status Conference set for 9/1/2011 10:00 AM before District Judge Daniel P. Jordan III. (EH) (Entered: 08/29/2011)
Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Telephonic Status Conference held on September 1, 2011. The parties are to submit an agreed order or supporting documentation on their position no later than Friday, September 9, 2011. (SP) (Entered: 09/01/2011)
Set Hearing: Settlement Conference set for 10/31/2011 09:00 AM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 09/02/2011)
Reset Hearing: Settlement Conference RESET for 9/27/2011 02:00 PM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 09/08/2011)
24 PRELIMINARY INJUNCTION ORDER: Having heard the testimony and documentary evidence offered by the parties with respect to Plaintiff Disability Rights Mississippi's Motion for Preliminary Injunction 7 , and the Motion for Declaratory Judgment 17 filed by Defendant Hinds County, Mississippi, the Court finds that both Motions should be granted. Signed by District Judge Daniel P. Jordan III on September 12, 2011.(SP) (Entered: 09/12/2011)

09/27/2011 09/29/2011 09/29/2011
10/04/2011 10/05/2011
10/07/2011 10/17/2011 10/18/2011

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 9/27/2011. This case did not settle. (JEJ) (Entered: 09/29/2011)
Set Hearing: Telephonic Status Conference set for 10/4/2011 01:00 PM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 09/29/2011)
25 CASE MANAGEMENT ORDER. Disclosure due by 10/7/2011; Motions for Amended Pleadings due by 10/27/2011; Motions for Joinder of Parties due by 10/27/2011; Designate Experts Plaintiff Deadline due by 1/18/2012; Designate Experts for Defendant Deadline due by 2/17/2012; Discovery due by 4/17/2012; Motions due by 5/1/2012; EARLY FILING OF MOTIONS 1/9/12; EARLY Settlement Conference set for 11/7/2011 01:30 PM before Magistrate Judge F. Keith Ball; Pretrial Conference set for 9/7/2012, time to be determined, in Courtroom 5A (Jackson) Jordan before District Judge Daniel P. Jordan III; Bench Trial set for a two-week term of Court beginning 10/1/2012 09:00 AM in Courtroom 5A (Jackson) Jordan before District Judge Daniel P. Jordan III; ADDITIONAL Settlement Conference set for 4/4/2012 09:00 AM before Magistrate Judge F. Keith Ball. Signed by Magistrate Judge F. Keith Ball on 9/29/11. (JEJ) (Entered: 09/29/2011)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 10/4/2011. (JEJ) (Entered: 10/05/2011)
Set/Reset Hearings: EARLY Settlement Conference set for 10/17/2011 09:00 AM before Magistrate Judge F. Keith Ball; ADDITIONAL Settlement Conference set for 11/7/2011 01:30 PM before Magistrate Judge F. Keith Ball; ADDITIONAL Settlement Conference set for 4/4/2012 09:00 AM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 10/05/2011)
26 NOTICE of Service of Disclosure by Disability Rights Mississippi, J.H. (Cockrell, Corrie) (Entered: 10/07/2011)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 10/17/2011. This case did not settle. (JEJ) (Entered: 10/20/2011)
TEXT ONLY ORDER. This case came before the undersigned for a settlement conference on 10/17/2011. Counsel are instructed to confer and attempt to reach agreements on the following: (1) final terms of a consent decree; (2) the selection of an independent monitor; (3) an arrangement for payment of the independent monitor; and (4) attorneys' fees. This matter is set for a telephonic STATUS CONFERENCE on October 31, 2011, at 10:00 a.m. at which time the parties shall advise the undersigned of the status of reaching agreements on the above-listed items. Further, the undersigned instructs that, if the parties intend to enter

10/18/2011 10/31/2011 11/01/2011 11/01/2011 11/04/2011 11/04/2011
11/04/2011 11/04/2011 11/18/2011 11/21/2011

a consent decree, it shall be finalized and entered by November 16, 2011. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 10/18/11. (JEJ) (Entered: 10/18/2011)
Set Hearing: Telephonic Status Conference set for 10/31/2011 10:00 AM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 10/18/2011)
Set/Reset Hearing: Telephonic Status Conference RESET for 11/1/2011 09:00 AM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 10/31/2011)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 11/1/2011. (JEJ) (Entered: 11/01/2011)
Set/Reset Hearing: Telephonic Status Conference set for 11/4/2011 08:00 AM before Magistrate Judge F. Keith Ball. Plaintiff's counsel shall initiate the call. (JEJ) (Entered: 11/01/2011)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Status Conference held on 11/4/2011. (JEJ) (Entered: 11/04/2011)
TEXT-ONLY ORDER. This case came before the undersigned for a status conference on 11/4/2011. After conferring with counsel, the Court orders the following: Defendant shall submit to Plaintiffs' counsel its proposed revisions to the proposed settlement agreement by 11/9/2011. No later than 11/17/2011, counsel shall meet in person and confer in an attempt to reach final terms of a settlement agreement. This matter is set for a telephonic STATUS CONFERENCE on 11/18/2011, at 8:00 a.m. If a settlement has not been reached by 11/18/2011, this case will be set for a settlement conference. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 11/4/11. (JEJ) (Entered: 11/04/2011)
Set/Reset Hearing: Telephonic Status Conference set for 11/18/2011 08:00 AM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 11/04/2011)
NOTICE OF CANCELLATION of settlement conference set for November 7, 2011. (JEJ) (Entered: 11/04/2011)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 11/18/2011. (JEJ) (Entered: 11/21/2011)
Set/Reset Hearing: Telephonic Status Conference set for 12/9/2011 08:30 AM before Magistrate Judge F. Keith Ball. Plaintiff's counsel shall initiate the call. (JEJ) (Entered: 11/21/2011)

12/09/2011 12/09/2011 12/20/2011 01/20/2012
01/30/2012
02/29/2012
02/29/2012 02/29/2012 02/29/2012 03/05/2012

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 12/9/2011. (JEJ) (Entered: 12/09/2011)
Set/Reset Hearings: Settlement Conference set for 12/20/2011 09:00 AM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 12/09/2011)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 12/20/2011. (JEJ) (Entered: 12/29/2011)
27 MOTION for Settlement for Preleminary Approval of Proposed Agreement To Set A Date For A Fairness Hearing and to Certify a Settlement Class by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit "A" Settlement Agreement, # 2 Exhibit "B" Notice to Future Class Members, # 3 Exhibit "C" Proposed Order Granting Preliminary Approval of Proposed Agreement, Setting Date for Fairness Hearing and Certifying A Settlement Class)(Cockrell, Corrie) (Entered: 01/20/2012)
Set/Reset Deadlines as to 27 MOTION for Settlement for Preleminary Approval of Proposed Agreement To Set A Date For A Fairness Hearing and to Certify a Settlement Class. Motion Fairness Hearing set for February 29, 2012 at 1:30 PM in Courtroom 5A (Jackson) Jordan before District Judge Daniel P. Jordan III. (SP) (Entered: 01/30/2012)
Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Motion Hearing held on February 29, 2012 re 27 MOTION for Settlement for Preleminary Approval of Proposed Agreement To Set A Date For A Fairness Hearing and to Certify a Settlement Class. The parties are to submit a preliminary order to the Court. A final hearing will be held on March 23, 2012 at 1:30 pm. Court Reporter Cherie Bond (601) 608-4186. (SP) (Entered: 02/29/2012)
28 EXHIBIT LIST by Disability Rights Mississippi, J.H.(SP) (Entered: 02/29/2012)
29 EXHIBIT P1 by Disability Rights Mississippi, J.H. (SP) (Entered: 02/29/2012)
30 EXHIBIT P2 by Disability Rights Mississippi, J.H. (SP) (Entered: 02/29/2012)
31 ORDER granting 27 Motion for Settlement for the reasons set out in the order. The Court will hold a fairness hearing on March 23, 2012 at 1:30 p.m. If the judge decides that the proposed Settlement Agreement is fair, adequate, and reasonable to the class, the proposed Settlement Agreement will become final. Class certification is granted for settlement purposes only. The settlement class shall be comprised of all children who are currently, or who will in the future, be confined at the HenleyYoung Juvenile Justice Center. Signed by District Judge Daniel P. Jordan III on March 5, 2012. (SP) (Entered: 03/05/2012)

03/20/2012 03/23/2012
03/28/2012
03/28/2012 03/28/2012 04/03/2012 04/03/2012 08/15/2012 08/23/2012 09/04/2012

Set/Reset Hearings: Fairness Hearing set for March 23, 2012 at 1:30 PM in Courtroom 5A (Jackson) Jordan before District Judge Daniel P. Jordan III. (SP) (Entered: 03/20/2012)
Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Final Fairness Hearing held on March 23, 2012. The Court approved the proposed settlement agreement between the parties. The parties are to submit an agreed order to the Court with the necessary language. Court Reporter Gina Morris (601) 608-4187. (SP) (Entered: 03/23/2012)
32 AGREED ORDER GRANTING APPROVAL OF SETTLEMENT AGREEMENT AND CERTIFYING SETTLEMENT CLASS: 27 MOTION for Settlement for Preleminary Approval of Proposed Agreement To Set A Date For A Fairness Hearing and to Certify a Settlement Class. A Final Fairness Hearing was held on March 23, 2012. Therefore, the Court enters a final order approving the Settlement Agreement and retains jurisdiction for purposes of monitoring and enforcement. Class certification is granted for settlement purposes only. A signed copy of the Settlement Agreement will be docketed separately. Signed by District Judge Daniel P. Jordan III on March 28, 2012.(SP) (Entered: 03/28/2012)
33 SETTLEMENT AGREEMENT by Disability Rights Mississippi, Hinds County, Mississippi, J.H. (SP) (Entered: 03/28/2012)
34 JUDGMENT: that this case is hereby DISMISSED WITH PREJUDICE as to all parties. The Court specifically retains jurisdiction to enforce the settlement agreement. Signed by District Judge Daniel P. Jordan, III on 3/28/12 (SEC) (Entered: 03/28/2012)
Set/Reset Hearings: Telephonic Conference set for April 3, 2012 at 2:00 PM before District Judge Daniel P. Jordan III. (SP) (Entered: 04/03/2012)
Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Telephonic Conference held on April 3, 2012. (SP) (Entered: 04/03/2012)
35 STATUS REPORT by Disability Rights Mississippi, J.H. (SP) (Entered: 08/15/2012)
36 MOTION to Withdraw as Attorney by Disability Rights Mississippi, J.H. (Bedi, Sheila) (Entered: 08/23/2012)
Text-only ORDER granting 36 Motion to Withdraw as Attorney. Attorney Sheila A. Bedi terminated. Signed by Magistrate Judge F. Keith Ball on 9/4/12. (No further written order will be issued.) (dfk) (Entered: 09/04/2012)

12/13/2012 04/15/2013 07/09/2013 10/09/2013 02/27/2014
02/27/2014 02/27/2014 03/13/2014 03/14/2014
03/19/2014 03/31/2014 04/02/2014

37 STATUS REPORT by Disability Rights Mississippi, J.H. (SP) (Entered: 12/13/2012)
38 STATUS REPORT by J.H. and Disability Rights Mississippi. (SP) (Entered: 04/15/2013)
39 STATUS REPORT by Disability Rights Mississippi, J.H. (SP) (Entered: 07/09/2013)
40 STATUS REPORT by Disability Rights Mississippi, J.H. (SP) (Entered: 10/09/2013)
41 MOTION for Contempt by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit 1 Excerpt from Draft of Sixth Monitor's Report, February 17, 2014, # 2 Exhibit 2 Summary of Training and Recommendation for Next Steps from C. Cramer-Brooks, December 6, 2013, # 3 Exhibit 3 Letter from P. Teeuwissen, Attorney for Hinds County Board of Supervisors, to C. Cockrell (January 22, 2014), # 4 Exhibit Letter from C. Cockrell to P. Teeuwissen, Attorney for Hinds County Board of Supervisors (January 31, 2014))(Cockrell, Corrie) (Entered: 02/27/2014)
42 MEMORANDUM in Support re 41 MOTION for Contempt filed by Disability Rights Mississippi, J.H. (Cockrell, Corrie) (Entered: 02/27/2014)
43 STATUS REPORT by Disability Rights Mississippi, J.H. (SP) (Entered: 02/27/2014)
44 MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Contempt by Hinds County, Mississippi (Ross, Lisa) (Entered: 03/13/2014)
TEXT ONLY ORDER granting 44 Unopposed Motion for Extension of Time to File Response/Reply re 41 MOTION for Contempt. Defendant's Response is due by March 19, 2014. No further written order shall issue.Signed by District Judge Daniel P. Jordan III on March 14, 2014. (ddi) (Entered: 03/14/2014)
45 RESPONSE to Motion re 41 MOTION for Contempt filed by Hinds County, Mississippi (Attachments: # 1 Exhibit A-Independent Monitor's Report)(Ross, Lisa) (Entered: 03/19/2014)
46 REPLY to Response to Motion re 45 Response to Motion, 41 MOTION for Contempt filed by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit 1 Incident Report)(Cockrell, Corrie) (Entered: 03/31/2014)
47 UPDATED STATUS REPORT by Disability Rights Mississippi, J.H. (SP) (Entered: 04/02/2014)

04/03/2014
04/14/2014 04/24/2014
04/25/2014
07/28/2014 07/30/2014
08/11/2014 09/10/2014 09/12/2014 09/12/2014 09/17/2014 09/23/2014

Set/Reset Motion Hearing as to 41 MOTION for Contempt : Motion Hearing set for April 24, 2014 at 1:00 PM in Courtroom 5A (Jackson) Jordan before District Judge Daniel P. Jordan III. (SP) (Entered: 04/03/2014)
48 Subpoena Returned Executed as to Leonard B. Dixon. (Cockrell, Corrie) (Entered: 04/14/2014)
Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Motion Hearing held on April 24, 2014 re 41 MOTION for Contempt . Appearances: Corrie W. Cockrell and Jody E. Owens, III, counsel for Plaintiffs; and Lisa M. Ross, Pieter Teeuwissen and Anthony Simon, counsel for Defendant. Court Reporter/Transcriber: Fred Jeske (601) 583-4383. (SP) (Entered: 04/24/2014)
50 ORDER granting in part and denying in part 41 Motion for Contempt for the reasons stated in the order. The Court declines to sanction Hinds County for its contempt at this time. The Settlement Agreement 33 is hereby extended for a period of two years, through March 28, 2016, as set forth herein. Signed by District Judge Daniel P. Jordan III on April 25, 2014. (ddi) (Entered: 04/25/2014)
51 MOTION to Substitute Attorney by Disability Rights Mississippi (Hardage, Frances) (Entered: 07/28/2014)
52 ORDER granting 51 Motion to Substitute Attorney. Added attorney Frances Kay Hardage for J.H.. Attorney Wendy Wilson White terminated Signed by Magistrate Judge F. Keith Ball on 7/30/14 (dfk) (Entered: 07/30/2014)
53 STATUS REPORT (Seventh Monitor's Report). (SP) (Entered: 08/11/2014)
54 NOTICE of Appearance by Joi L. Owens on behalf of J.H. (Owens, Joi) (Entered: 09/10/2014)
55 NOTICE of Appearance by Anthony R. Simon on behalf of Hinds County, Mississippi (Simon, Anthony) (Entered: 09/12/2014)
56 NOTICE of Appearance by Pieter Teeuwissen on behalf of Hinds County, Mississippi (Teeuwissen, Pieter) (Entered: 09/12/2014)
Set/Reset Hearings: Telephone Conference set for September 23, 2014 at 10:00 AM before District Judge Daniel P. Jordan III. (SP) (Entered: 09/17/2014)
Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Telephone Conference held on September 23, 2014. (SP) (Entered: 09/23/2014)

11/24/2014 01/28/2015 05/12/2015 01/25/2016 01/27/2016
03/09/2016
03/09/2016 03/18/2016 03/24/2016 03/25/2016
03/25/2016 04/15/2016

57 STATUS REPORT (Facility Update/Technical Assistance Report) dated November 24, 2014. (Attachments: # 1 Resolution - Hinds Co. Board of Supervisors Re: Youth Detention Center)(SP) (Entered: 11/24/2014)
58 STATUS REPORT by Disability Rights Mississippi, J.H. (SP) (Entered: 01/28/2015)
59 STATUS REPORT (Technical Assistance/Facility Update - April 16, 2015 to April 19, 2015) dated May 11, 2015. (SP) (Entered: 05/12/2015)
60 NOTICE of Appearance by William B. Bardwell on behalf of Disability Rights Mississippi, J.H. (Bardwell, William) (Entered: 01/25/2016)
61 STATUS REPORT dated January 24, 2016 by Leonard B. Dixon, MSPA. (Attachments: # 1 Henley Young - Consultant's Report Staff Training (Gay-Satterfield), # 2 Henley Young - Juvenile Detention Center Education Program Review (Brooks), # 3 Henley Young - Mental Health Services Review (Boesky), # 4 Henley-Young - Medical Services Review (Ezike))(SP) (Entered: 01/27/2016)
62 Joint MOTION To Extend Consent Decree by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit A Resolution of Hinds County Board of Supervisors Regarding the Youth Detention Center, # 2 Exhibit B Proposed Amended Consent Decree)(Bardwell, William) (Entered: 03/09/2016)
63 MOTION Request for Status Conference re 62 Joint MOTION To Extend Consent Decree by Disability Rights Mississippi, J.H. (Bardwell, William) (Entered: 03/09/2016)
Set/Reset Hearings: In Chambers Status Conference set for March 24, 2016 at 2:15 PM before District Judge Daniel P. Jordan III. (SP) (Entered: 03/18/2016)
Minute Entry for proceedings held before District Judge Daniel P. Jordan III: In Chambers Status Conference held on March 24, 2016. (SP) (Entered: 03/24/2016)
TEXT ONLY ORDER granting 62 Motion to Extend Consent Decree; granting 63 Motion for Status Conference. The Amended Consent Decree will be entered by separate docket entry to follow. No further written order shall issue. Signed by District Judge Daniel P. Jordan III on March 25, 2016. (DI) (Entered: 03/25/2016)
64 ORDER Amended Consent Decree Signed by District Judge Daniel P. Jordan III on March 25, 2016. (DI) (Entered: 03/25/2016)
65 MOTION to Intervene by Hinds County Youth Court (Williams, Kelly) (Entered: 04/15/2016)

04/15/2016 04/29/2016
04/29/2016 04/29/2016 04/29/2016 05/02/2016
05/04/2016 05/04/2016 05/20/2016 05/20/2016 05/23/2016 05/25/2016

66 MEMORANDUM in Support re 65 MOTION to Intervene filed by Hinds County Youth Court (Williams, Kelly) (Entered: 04/15/2016)
67 RESPONSE to Motion re 65 MOTION to Intervene filed by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit A Resolution of Hinds County Board of Supervisors, # 2 Exhibit B Associated Press Story, # 3 Exhibit C Clarion-Ledger Story, # 4 Exhibit D December 2014 Standing Order, # 5 Exhibit E November 2015 Standing Order, # 6 Exhibit F Redacted Henley-Young rosters, # 7 Exhibit GLetter from Judge Skinner to Judge Jordan, # 8 Exhibit H E-mail exchange from February 2016)(Bardwell, William) Modified on 4/29/2016 (cwl). (Entered: 04/29/2016)
DOCKET ANNOTATION as to # 67 : Modified the description of exhibits A, B, and C. (cwl) (Entered: 04/29/2016)
68 MEMORANDUM IN SUPPORT re 67 Response to Motion,, to Intervene filed by Disability Rights Mississippi, J.H. (Bardwell, William) (Entered: 04/29/2016)
69 RESPONSE to Motion re 65 MOTION to Intervene filed by Hinds County, Mississippi (Teeuwissen, Pieter) (Entered: 04/29/2016)
Set/Reset Hearings: Evidentiary Hearing re Motion to Intervene filed by Hinds County Youth Court 65 set for June 1, 2016 at 9:00 AM in Courtroom 5A (Jackson) Jordan before District Judge Daniel P. Jordan III. (SP) (Entered: 05/02/2016)
70 Subpoena Returned Executed as to William Skinner. (Bardwell, William) (Entered: 05/04/2016)
71 Subpoena Returned Executed as to Brandon Dorsey. (Bardwell, William) (Entered: 05/04/2016)
72 Joint MOTION for Permanent Injunction of State-Court Action by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit A Skinner v Graham Complaint)(Bardwell, William) (Entered: 05/20/2016)
73 MOTION for Temporary Restraining Order by Hinds County Youth Court (Williams, Kelly). Added MOTION for Preliminary Injunction on 5/23/2016 (cwl). Modified on 5/23/2016 (cwl). (Entered: 05/20/2016)
Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Telephone Conference held on May 23, 2016. (SP) (Entered: 05/24/2016)
74 AGREED ORDER RECOGNIZING TEMPORARY ARRANGEMENT as set out in the Order. The litigants agree to postpone the hearing originally scheduled for June 1, 2016, until Monday, June 27, 2016, at 9 a.m. and will be reset in a separate docket entry to follow. Signed by

05/25/2016 05/25/2016
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06/08/2016

District Judge Daniel P. Jordan III on May 25, 2016.(SP) (Entered: 05/25/2016)
Set/Reset Hearings: Evidentiary Hearing reset for June 27, 2016 at 9:00 AM (regarding pending motions) in Courtroom 5A (Jackson) Jordan before District Judge Daniel P. Jordan III. (SP) (Entered: 05/25/2016)
75 MEMORANDUM in Support re 73 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Hinds County Youth Court (Attachments: # 1 Exhibit MS A.G. Opinion No. 200700332)(Williams, Kelly) (Entered: 05/25/2016)
76 Rebuttal re 68 Memorandum in Support, 67 Response to Motion, re re 65 MOTION to Intervene filed by Hinds County Youth Court (Williams, Kelly) (Entered: 05/30/2016)
77 Subpoena Returned Executed as to William Skinner. (Bardwell, William) (Entered: 06/02/2016)
78 Subpoena Returned Executed as to Brandon Dorsey. (Bardwell, William) (Entered: 06/02/2016)
79 RESPONSE in Opposition re 72 Joint MOTION for Permanent Injunction of State-Court Action filed by Hinds County Youth Court (Williams, Kelly) (Entered: 06/03/2016)
80 MEMORANDUM IN OPPOSITION re 72 Joint MOTION for Permanent Injunction of State-Court Action filed by Hinds County Youth Court (Williams, Kelly) (Entered: 06/03/2016)
81 Subpoena Returned Executed as to Brandon Dorsey. (Bardwell, William) (Entered: 06/06/2016)
82 Subpoena Returned Executed as to William Skinner. (Bardwell, William) (Entered: 06/06/2016)
83 RESPONSE in Opposition re 73 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit A Minutes of the May 5, 2015, meeting of the Hinds County Board of Supervisors, # 2 Exhibit B Skinner v. Board of Supervisors chancery court record, # 3 Exhibit C Skinner v. Board of Supervisors circuit court docket sheet, # 4 Exhibit D Henley-Young Release Orders)(Bardwell, William) (Entered: 06/08/2016)
84 MEMORANDUM in Support, re 83 RESPONSE in Opposition re re 73 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Disability Rights Mississippi, J.H. (Bardwell, William) Modified on 6/8/2016 (cwl). (Entered: 06/08/2016)

06/08/2016 06/08/2016
06/08/2016 06/09/2016
06/13/2016 06/14/2016 06/14/2016 06/14/2016 06/14/2016 06/14/2016 06/14/2016

DOCKET ANNOTATION as to # 84 : Attorney advises that the document was improperly linked. Court staff has made the correction. (cwl) (Entered: 06/08/2016)
85 RESPONSE in Opposition re 65 MOTION to Intervene , 73 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Hinds County, Mississippi (Attachments: # 1 Exhibit Ex A FRE 1006 Summary, # 2 Exhibit Ex B Jan 2009 Minutes, # 3 Exhibit Ex C Hinds Chancery Doc G2009-21, # 4 Exhibit Ex D Hinds Circuit Doc 109cv656, # 5 Affidavit Ex E D McQuirter Affidavit, # 6 Exhibit Ex F May 2014 Minutes, # 7 Affidavit Ex G C. Davis Affidavit, # 8 Exhibit Ex H June 2014 Minutes, # 9 Exhibit Ex I Nov 2014 Resolution, # 10 Exhibit Ex J Memo of Nov. 6,2014, # 11 Exhibit Ex K Infinity Order Dec. 2014, # 12 Exhibit Ex L Restriction Order Dec 2014, # 13 Exhibit Ex M Release Order Jan. 2015, # 14 Exhibit Ex N Detain and Release Order Nov. 2015, # 15 Affidavit Ex O J McDaniels Affidavit, # 16 Exhibit Ex P B. Frelix Affidavit)(Teeuwissen, Pieter) (Entered: 06/08/2016)
86 MEMORANDUM IN SUPPORT re 85 Response in Opposition to Motion,,, to Intervene and Motion for Preliminary Injunction filed by Hinds County, Mississippi (Teeuwissen, Pieter) (Entered: 06/08/2016)
87 RESPONSE in Support re 72 Joint MOTION for Permanent Injunction of State-Court Action filed by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit A Skinner v. Graham Brief in Support of Preliminary and Permanent Injunction)(Bardwell, William) (Entered: 06/09/2016)
88 Subpoena Returned executed as to William Skinner. (Bardwell, William) (Entered: 06/13/2016)
89 Subpoena Returned Executed as to Angela Harvey. (Williams, Kelly) (Entered: 06/14/2016)
90 Subpoena Returned Executed as to Crystal Allen. (Williams, Kelly) (Entered: 06/14/2016)
91 Subpoena Returned Executed as to Angela Harvey. (Williams, Kelly) (Entered: 06/14/2016)
92 Subpoena Returned Executed as to Crystal Allen. (Williams, Kelly) (Entered: 06/14/2016)
93 Subpoena Returned Executed as to Jackie Body. (Williams, Kelly) (Entered: 06/14/2016)
94 Subpoena Returned Executed as to Johnnie McDaniels. (Williams, Kelly) (Entered: 06/14/2016)

06/14/2016 06/15/2016 06/15/2016
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95 Subpoena Returned Executed as to Ray Sims. (Williams, Kelly) (Entered: 06/14/2016)
Set/Reset Hearings: Telephone Conference set for June 15, 2016 at 2:00 PM before District Judge Daniel P. Jordan III. The Court has emailed all counsel of record the Court's call-in information.(SP) (Entered: 06/15/2016)
Minute Entry for proceedings held before District Judge Daniel P. Jordan III: Telephone Conference held on June 15, 2016. Participating: Joi L. Owens, William B. Bardwell, Ann Maclaine, counsel for Plaintiffs; and Pieter Teeuwissen and Anthony R. Simon, counsel for Defendant Hinds Co., MS; and Kelly G. Williams, counsel for Defendant Hinds Co. Youth Court.(SP) (Entered: 06/15/2016)
TEXT ONLY ORDER: As discussed on the telephonic conference this date, any motions to quash shall be filed by the end of the day on June 16, 2016; and any responses shall be filed by the end of the day on June 17, 2016. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by District Judge Daniel P. Jordan III on June 15, 2016.(SP) (Entered: 06/15/2016)
96 MOTION to Quash by Hinds County, Mississippi (Attachments: # 1 Affidavit Ex A, McDaniels Affidavit, # 2 Affidavit Ex B, Dorsey Affidavit)(Teeuwissen, Pieter) (Entered: 06/16/2016)
97 MEMORANDUM in Support re 96 MOTION to Quash filed by Hinds County, Mississippi (Teeuwissen, Pieter) (Entered: 06/16/2016)
98 MOTION to Quash Subpoenas by Disability Rights Mississippi, J.H. (Bardwell, William) (Entered: 06/16/2016)
99 RESPONSE in Opposition re 96 MOTION to Quash Subpoena filed by Hinds County Youth Court (Williams, Kelly) (Entered: 06/17/2016)
100 MEMORANDUM IN SUPPORT re 99 Response in Opposition to Motion Quash Subpoena filed by Hinds County Youth Court (Williams, Kelly) (Entered: 06/17/2016)
101 Response in Opposition re 98 MOTION to Quash Subpoenas by Disability Rights Mississippi, J.H. (Bardwell, William) filed by Hinds County Youth Court (Williams, Kelly) (Entered: 06/17/2016)
102 ORDER granting 96 Motion to Quash for the reasons set out in the Order. The document-production subpoena at issue is hereby quashed. Signed by District Judge Daniel P. Jordan III on June 21, 2016.(SP) (Entered: 06/21/2016)
103 MOTION for Contempt by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit A Affidavit of Alexandra Copper, # 2 Exhibit B Youth Court standing orders, # 3 Exhibit C E-mail exchange from June

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06/27/2016
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16, 2016, # 4 Exhibit D Detention Guidelines Standing Order, # 5 Exhibit E E-mail exchange from June 21, 2016, # 6 Exhibit F Affidavit of Johnnie McDaniels)(Bardwell, William) (Entered: 06/22/2016)
104 MOTION to Quash Subpoena for Youth Court record by Hinds County Youth Court (Williams, Kelly) (Entered: 06/22/2016)
105 RESPONSE in Opposition re 104 MOTION to Quash Subpoena for Youth Court record filed by Disability Rights Mississippi, J.H. (Bardwell, William) (Entered: 06/23/2016)
Set/Reset Hearings: In Chambers Conference set for June 24, 2016 at 2:00 PM before District Judge Daniel P. Jordan III. (SP) (Entered: 06/23/2016)
Minute Entry for proceedings held before District Judge Daniel P. Jordan III: In Chambers Conference held on June 24, 2016. (SP) (Entered: 06/27/2016)
TEXT ONLY ORDER: The Evidentiary Hearing set for June 27, 2016 at 9:00 AM (regarding pending motions) in Courtroom 5A (Jackson) Jordan before District Judge Daniel P. Jordan III is cancelled. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by District Judge Daniel P. Jordan III on June 27, 2016.(SP) (Entered: 06/27/2016)
106 MEMORANDUM OF UNDERSTANDING withdrawing and denying as moot 65 Motion to Intervene; withdrawing and denying as moot 72 Motion for Permanent Injunction; withdrawing and denying as moot 73 Motion for TRO; withdrawing and denying as moot 73 Motion for Preliminary Injunction; withdrawing and denying as moot 98 Motion to Quash; withdrawing and denying as moot 103 Motion for Contempt; withdrawing and denying as moot 104 Motion to Quash as set out in the Order. Signed by District Judge Daniel P. Jordan III on June 27, 2016. (SP) (Entered: 06/27/2016)
Minute Entry for proceedings held before District Judge Daniel P. Jordan III: In Chambers Conference held on June 27, 2016. (SP) (Entered: 06/27/2016)
107 MOTION to Withdraw as Attorney by Hinds County Youth Court (Williams, Kelly) (Entered: 07/25/2016)
TEXT-ONLY ORDER granting 107 Motion to Withdraw as Attorney. Attorney Kelly G. Williams terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 7/26/2016. (JRB) (Entered: 07/26/2016)
108 STATUS REPORT (Updated Mental Health Services Review Report by Lisa Boesky, Ph.D.)(SP) (Entered: 09/08/2016)

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109 NOTICE of Appearance by Elissa F. Johnson on behalf of All Plaintiffs (Johnson, Elissa) (Entered: 09/13/2016)
110 STATUS REPORT (Updated Education Program Review Report Conducted by Carol Cramer Brooks on August 23-25, 2016) Submitted on November 17, 2016.(SP) (Entered: 11/21/2016)
111 STATUS REPORT (Henley-Young Juvenile Justice Center Detention Division - Medical Services Review by Ngozi Ezike).(SP) (Entered: 12/14/2016)
112 STATUS REPORT (10th Monitor's Report - Leonard B. Dixon). (SP) (Entered: 02/27/2017)
113 STATUS REPORT (11th Monitor's Report - Leonard B. Dixon). (SP) (Entered: 09/25/2017)
114 STATUS REPORT (Education Program Review Report Conducted by Carol Cramer Brooks on September 11-14, 2017) Submitted on November 13, 2017. (SP) (Entered: 12/15/2017)
115 STATUS REPORT (Mental Health Services Review Report by Lisa Boesky, Ph.D.) Report Date December 11, 2017. (SP) (Entered: 12/15/2017)
116 NOTICE of Appearance by Paloma Wu on behalf of Disability Rights Mississippi, J.H. (Wu, Paloma) (Entered: 12/18/2017)
117 STATUS REPORT (Henley-Young Juvenile Justice Center Detention Division - Medical Services Review by Ngozi Ezike, MD, CHP, submitted March 11, 2018). (SP) (Entered: 03/19/2018)
118 STATUS REPORT (12th Monitor's Report - Leonard B. Dixon, MSPA). (SP) (Entered: 03/22/2018)
119 Joint MOTION To Extend Consent Decree by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit A Proposed Second Amended Consent Decree)(Wu, Paloma) (Entered: 03/28/2018)
120 SECOND AMENDED CONSENT DECREE/ORDER granting 119 Joint Motion to Extend Consent Decree. Signed by Chief District Judge Daniel P. Jordan III on March 30, 2018. (EHP) (Entered: 03/30/2018)
Set/Reset Hearings: In Chambers Status Conference set for April 24, 2018 at 9:00 AM in Chambers 5.750 (Jackson) Jordan before Chief District Judge Daniel P. Jordan III. (SP) (Entered: 04/03/2018)
Minute Entry for proceedings held before Chief District Judge Daniel P. Jordan III: Status Conference held on April 24, 2018. The parties were instructed to contact the Court to set a follow-up status conference. Appearing: Paloma Wu, Jody E. Owens, II, and Elissa F. Johnson, counsel for Plaintiffs; and Pieter Teeuwissen and Anthony R. Simon,

04/24/2018 04/24/2018 05/08/2018 06/15/2018 07/27/2018
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09/17/2018

counsel for Defendant Hinds County, MS. Court Reporter/Transcriber: Gina Morris (601) 608-4187.(SP) (Entered: 04/24/2018)
121 PLAINTIFFS' EXHBIBIT LIST by J.H. and Disability Rights Mississippi.(SP) (Entered: 04/24/2018)
122 EXHIBIT P1 by J.H. and Disability Rights Mississippi.(SP) (Entered: 04/24/2018)
123 STATUS REPORT on Educational Programming by Hinds County, Mississippi (Teeuwissen, Pieter) (Entered: 05/08/2018)
Set/Reset Hearings: In Chambers Status Conference set for July 25, 2018 at 1:00 PM in Chambers 5.750 (Jackson) Jordan before Chief District Judge Daniel P. Jordan III. (SP) (Entered: 06/15/2018)
Minute Entry for proceedings held before Chief District Judge Daniel P. Jordan III: Status Conference held on July 27, 2018. APPEARING: Paloma Wu, Ava Cilia, Chelsea Caveny, and Jody E. Owens II (via telephone), counsel for Plaintiffs; and Pieter Teeuwissen and Anthony R. Simon, counsel for Defendant. (SP) (Entered: 07/27/2018)
Set/Reset Hearings: In Chambers Status Conference set for November 1, 2018 at 1:30 PM in Chambers 5.750 (Jackson) Jordan before Chief District Judge Daniel P. Jordan III. (SP) (Entered: 08/14/2018)
124 STATUS REPORT (Mental Health Services Review by Lisa Boesky, Ph.D dated August 13, 2018) (Attachments: # 1 PROVISIONS-Mental Health Services Review [Lisa Boesky, Ph.D], # 2 Juvenile Policy & Procedure Manual [Quality Correctional Health Care], # 3 Table of Contents [policies & procedures provided to parties in October 2017], # 4 Letter from Leonard B. Dixon, court monitor)(SP) (Entered: 08/21/2018)
125 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4-24-2018 before Judge Daniel P. Jordan III. Court Reporter/Transcriber Gina Morris, Telephone Number : 601-6136135. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/9/2018. Redacted Transcript Deadline set for 10/18/2018. Release of Transcript Restriction set for 12/17/2018. (GM) (Entered: 09/17/2018)

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126 STATUS REPORT (Education Program Review Report Conducted by Carol Cramer Brooks on August 13-15, 2018) Submitted on August 30, 2018.(SP) (Entered: 09/19/2018)
127 STATUS REPORT (Henley-Young Juvenile Justice Center Detention Division - Health Services Review by Ngozi Ezike, MD, CCHP, submitted on October 24, 2018). (SP) (Entered: 10/26/2018)
128 MOTION Extension of the Consent Decree and Corrective Action Plan or In the Alternative Contempt by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit 1 Letter form Pls. Counsel re: Request to Discuss Plans for Compliance with Second A. Consent Decree, to Def.s Counsel (Oct.10, 2018), # 2 Exhibit 2 Letter from Pls. Counsel re: Responding to Judge Jordans Requests from Status Conf. of July 25, 2018, to Def.s Counsel (July 27, 2018), # 3 Exhibit 3 Summary Chart III: Monitor and Expert Findings and Recommendations re: Facility Space, # 4 Exhibit 4 E-Mail from Pls. Counsel re: Status Conf. of July 25, 2018 & Request for an A.M. Call, to Leonard Dixon, Fed. Ct. Monitor (July 24, 2018), # 5 Exhibit 5 Status Conf. Tr., Apr. 24, 2018, # 6 Exhibit 6 Jimmie E. Gates, Why are Youths Charged with Murder & Other Violent Crime Housed at Juv. Ctr. in Jackson?, Miss. Clarion Ledger, Sept. 19, 2018,, # 7 Exhibit 7 Summary Chart I: Monitor and Expert Findings and Recommendations re: 13 Key Provisions, # 8 Exhibit 8 Handout from Pls. Counsel re: Requests for Assistance with Compliance, to Status Conf. Participants (July 25, 2018), # 9 Exhibit 9 Handout from Pls. Counsel re: Attachment 1: Outstanding Facility Policies, Staffing, and Training Issues, to Status Conf. Participants (July 25, 2018), # 10 Exhibit 10 Handout from Pls. Counsel re: Attachment 2: Cell Confinement and disciplinary Practices and Procedures, to Status Conf. Participants (July 25, 2018), # 11 Exhibit 11 Handout from Pls. Counsel re: Attachment 3: Confinement/Mental Health Nexus: A Case Study, to Status Conf. Participants (July 25, 2018), # 12 Exhibit 12 Handout from Pls. Counsel re: Attachment 4: Confinement/Mental Health Nexus: Additional Examples, to Status Conf. Participants (July 25, 2018), # 13 Exhibit 13 Handout from Pls. Counsel re: Attachment 5: Need for Records Protocol Letter, to Status Conf. Participants (July 25, 2018), # 14 Exhibit 14 Summary Chart II: Non-Compliance with Access Provision, # 15 Exhibit 15 E-Mail from Pls. Counsel re: Request for Records: Current Policies, Forms, and Staffing, to Henley-Young (Apr. 20, 2018), # 16 Exhibit 16 E-Mail from Pls. Counsel re: Reforwarding Request for Records: Current Policies, Forms and Staffing, to Henley-Young (Apr, 23, 2018), # 17 Exhibit 17 Letter from Pls. Counsel re: Records: Revised Weekly Request & Outstanding Requests, to Def.s Counsel (July 17, 2018), # 18 Exhibit 18 E-Mail from Def.s Counsel re: Responding to Judge Jordans Requests from Status Conf. of July 25, 2018, to Def.s Counsel (July 27, 2018)., # 19 Exhibit 19 E-Mail from Pls. Counsel re: Pls. Counsels Attempts to Copy Resident Files, to Def.s Counsel and Henley-

10/31/2018 11/13/2018 11/14/2018
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Young (Sept. 18, 2018), # 20 Exhibit 20 E-Mail from Henley-Young re: Policies and Procedure Manual, to Pls. Counsel (Sept. 18, 2018), # 21 Exhibit 21 E-mail and Letter from Pls. Counsel re: Requesting Records Pertaining to May 12, 2018 Incident, to Henley-Young (May 14, 2018), # 22 Exhibit 22 E-mail from Pls. Counsel re: Request for Confirmation of Compliance with SACD and Release from Lockdown, to Henley-Young (May 15, 2018), # 23 Exhibit 23 E-mail from Pls. Counsel re: Forwarding Request for Confirmation of Compliance with SACD and Release from Lockdown, to Defs. Counsel (May 15, 2018), # 24 Exhibit 24 Letter from Pls. Counsel re: Need for Psychiatric Care and Provision of Psychotropic Medications, to Def.s Counsel (July 12, 2018), # 25 Exhibit 25 Letter from Pls. Counsel re: Investigating Inadequate Provision of Mental Health Care to Youth, to Def.s counsel. (Sept. 26, 2018), # 26 Exhibit 26 Court-Appointed Monitors Third Monitoring Rep., U.S. v. Hinds Cty., et al., No. 3:16-cv-489-WHB-JCG (S.D. Miss., Dec. 11, 2017), ECF No. 19, # 27 Exhibit 27 CourtAppointed Monitors Fourth Monitoring Rep., U.S. v. Hinds Cty., et al., No. 3:16-cv-489-WHB-JCG (S.D. Miss., Apr. 18, 2018), ECF No. 22, # 28 Exhibit 28 Court-Appointed Monitors Fifth Monitoring Rep., U.S. v. Hinds Cty., et al., No. 3:16-cv-489-WHB-JCG (S.D. Miss., Aug. 1, 2018), ECF No. 23, # 29 Exhibit 29 Handout from Elizabeth Simpson, Court-Appointed Monitor in U.S. v. Hinds Cty., et al., No. 3:16-cv-489WHB-JCG (S.D. Miss., June 23, 2016) re: Priority Recommendations from June 2018, to Status Conf. Participants (Aug. 29, 2018))(Wu, Paloma) (Entered: 10/31/2018)
129 MEMORANDUM in Support re 128 MOTION Extension of the Consent Decree and Corrective Action Plan or In the Alternative Contempt filed by Disability Rights Mississippi, J.H. (Wu, Paloma) (Entered: 10/31/2018)
130 MOTION for Extension of Time to File Response/Reply as to 128 MOTION Extension of the Consent Decree and Corrective Action Plan or In the Alternative Contempt by Hinds County, Mississippi (Teeuwissen, Pieter) (Entered: 11/13/2018)
TEXT-ONLY ORDER granting 130 Unopposed Motion for Extension of Time to File Response/Reply re 128 MOTION Extension of the Consent Decree and Corrective Action Plan or In the Alternative Contempt. Plaintiffs' counsel notified the Court via email that Plaintiffs do not oppose Defendant's motion. Defendant's response to Plaintiffs' motion shall be filed on or before November 28, 2018. No further written order shall issue. Signed by Chief District Judge Daniel P. Jordan III on November 14, 2018. (DI) (Entered: 11/14/2018)
131 MOTION Amended Motion for an Extension of the Consent Decree and Corrective Action Plan or, in the Alternative, Contempt re 128 MOTION Extension of the Consent Decree and Corrective Action Plan or In the

Alternative Contempt by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit 1, Letter from Pls. Counsel re: Request to Discuss Plans for Compliance with Second Am. Consent Decree, to Def.s Counsel (Oct. 10, 2018), # 2 Exhibit 2, Letter from Pls. Counsel re: Responding to Judge Jordans Requests from Status Conf. of July 25, 2018, to Def.s Counsel (July 27, 2018), # 3 Exhibit 3, Summary Chart III: Monitor and Expert Findings and Recommendations re: Facility Space, # 4 Exhibit 4, E-Mail from Pls. Counsel re: Status Conf. of July 25, 2018 & Request for an A.M. Call, to Leonard Dixon, Fed. Ct. Monitor (July 24, 2018), # 5 Exhibit 5, Status Conf. Tr., Apr. 24, 2018, # 6 Exhibit 6, Jimmie E. Gates, Why are Youths Charged with Murder & Other Violent Crime Housed at Juv. Ctr. in Jackson?, Miss. Clarion Ledger, Sept. 19, 2018, https://www.clarionledger.com/story/news/2018/09/18/youths-chargedadults-violent-crime-now-housed-juvenile-center/1345208002/, # 7 Exhibit 7, Summary Chart I: Monitor and Expert Findings re: 13 Key Provisions, # 8 Exhibit 8, Handout from Pls. Counsel re: Requests for Assistance with Compliance, to Status Conf. Participants (July 25, 2018), # 9 Exhibit 9, Handout from Pls. Counsel re: Attachment 1: Outstanding Facility Policies, Staffing, and Training Issues, to Status Conf. Participants (July 25, 2018), # 10 Exhibit 10, Handout from Pls. Counsel re: Attachment 2: Cell Confinement and Disciplinary Practices and Procedures, to Status Conf. Participants (July 25, 2018), # 11 Exhibit 11, Handout from Pls. Counsel re: Attachment 3: Confinement/Mental Health Nexus: A Case Study, to Status Conf. Participants (July 25, 2018), # 12 Exhibit 12, Handout from Pls. Counsel re: Attachment 4: Confinement/Mental Health Nexus: Additional Examples, to Status Conf. Participants (July 25, 2018), # 13 Exhibit 13, Handout from Pls. Counsel re: Attachment 5: Need for Records Protocol Letter, to Status Conf. Participants (July 25, 2018), # 14 Exhibit 14, Summary Chart II: NonCompliance with Access Provision, # 15 Exhibit 15, E-Mail from Pls. Counsel re: Request for Records: Current Policies, Forms, and Staffing, to Henley-Young (Apr. 20, 2018), # 16 Exhibit 16, E-Mail from Pls. Counsel re: Reforwarding Request for Records: Current Policies, Forms and Staffing, to Henley-Young (Apr. 23, 2018), # 17 Exhibit 17, Letter from Pls. Counsel re: Records: Revised Weekly Request & Outstanding Requests, to Def.s Counsel (July 17, 2018), # 18 Exhibit 18, E-Mail from Def.s Counsel re: Responding to Judge Jordans Requests from Status Conf. of July 25, 2018, to Pls. Counsel (July 27, 2018), # 19 Exhibit 19, E-Mail from Pls. Counsel re: Pls. Counsels Attempts to Copy Policies and Resident Files, to Def.s Counsel and Henley-Young (Sept. 18, 2018), # 20 Exhibit 20, E-Mail from Henley-Young re: Policies and Procedure Manual, to Pls. Counsel (Sept. 18, 2018), # 21 Exhibit 21, E-mail and Letter from Pls. Counsel re: Requesting Records Pertaining to May 12, 2018 Incident, to Henley-Young (May 14, 2018), # 22 Exhibit 22, E-mail from Pls. Counsel re: Request for Confirmation of Compliance with

11/14/2018 11/28/2018 11/29/2018

Consent Decree and Release from Lockdown, to Henley-Young (May 15, 2018), # 23 Exhibit 23, E-mail from Pls. Counsel re: Forwarding Request for Confirmation of Compliance with Consent Decree and Release from Lockdown, to Def.s Counsel (May 15, 2018), # 24 Exhibit 24, Letter from Pls. Counsel re: Need for Psychiatric Care and Provision of Psychotropic Medications, to Def.s Counsel (July 12, 2018), # 25 Exhibit 25, Letter from Pls. Counsel re: Investigating Inadequate Provision of Mental Health Care to Youth, to Def.s Counsel (Sept. 26, 2018), # 26 Exhibit 26, Court-Appointed Monitors Third Monitoring Rep., U.S. v. Hinds Cty., et al., No. 3:16-cv-489-WHB-JCG (S.D. Miss., Dec. 11, 2017), ECF No. 19, # 27 Exhibit 27, Court-Appointed Monitors Fourth Monitoring Rep., U.S. v. Hinds Cty., et al., No. 3:16-cv-489-WHB-JCG (S.D. Miss., Apr. 18, 2018), ECF No. 22, # 28 Exhibit 28, CourtAppointed Monitors Fifth Monitoring Rep., U.S. v. Hinds Cty., et al., No. 3:16-cv-489-WHB-JCG (S.D. Miss., Aug. 1, 2018), ECF No. 23, # 29 Exhibit 29, Handout from Elizabeth Simpson, Court-Appointed Monitor in U.S. v. Hinds Cty., et al., No. 3:16-cv-489-WHB-JCG (S.D. Miss., June 23, 2016) re: Priority Recommendations from June 2018, to Status Conf. Participants (Aug. 29, 2018), # 30 Exhibit 30, E-Mail from Leonard Dixon, Fed. Ct. Monitor re: Revised Mental Health Policies as Requested at Apr. 25 Status Conf., to Pls. Counsel (May 1, 2018), # 31 Exhibit 31, E-Mail from Henley-Young re: Policies Created or Revised after Oct. 2017, to Pls. Counsel (Apr. 24, 2018))(Wu, Paloma) (Entered: 11/14/2018)
132 MEMORANDUM in Support re 131 MOTION Amended Motion for an Extension of the Consent Decree and Corrective Action Plan or, in the Alternative, Contempt re 128 MOTION Extension of the Consent Decree and Corrective Action Plan or In the Alternative Contempt filed by Disability Rights Mississippi, J.H. (Wu, Paloma) (Entered: 11/14/2018)
133 Second MOTION for Extension of Time to File Response/Reply as to 131 MOTION Amended Motion for an Extension of the Consent Decree and Corrective Action Plan or, in the Alternative, Contempt re 128 MOTION Extension of the Consent Decree and Corrective Action Plan or In the Alternative Contempt by Hinds County, Mississippi (Simon, Anthony) (Entered: 11/28/2018)
TEXT-ONLY ORDER granting 133 Unopposed Motion for Extension of Time to File Response/Reply re 131 MOTION Amended Motion for an Extension of the Consent Decree and Corrective Action Plan or, in the Alternative, Contempt re 128 MOTION Extension of the Consent Decree and Corrective Action Plan or In the Alternative Contempt 128 MOTION Extension of the Consent Decree and Corrective Action Plan or In the Alternative Contempt. Plaintiffs' counsel notified the Court via email that Plaintiffs do not oppose the requested extension. Defendant's response(s) shall be filed on or before December 10, 2018. No further written order

12/10/2018 12/10/2018 12/10/2018
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shall issue. Signed by Chief District Judge Daniel P. Jordan III on November 29, 2018. (DI) (Entered: 11/29/2018)
134 ***DISREGARD THIS ENTRY - WITHDRAWN*** STATUS REPORT (13th Monitor's Report - Leonard B. Dixon, MSPA). (SP) Modified on 12/11/2018 (SP). (Entered: 12/10/2018)
135 MOTION to Strike 134 Status Report by Disability Rights Mississippi, J.H. (Wu, Paloma) (Entered: 12/10/2018)
136 RESPONSE to Motion re 131 MOTION Amended Motion for an Extension of the Consent Decree and Corrective Action Plan or, in the Alternative, Contempt re 128 MOTION Extension of the Consent Decree and Corrective Action Plan or In the Alternative Contempt 128 MOTION Extension of the Consent Decree and Corrective Action Plan or In the Alternative Contempt filed by Hinds County, Mississippi (Attachments: # 1 Exhibit A, Declaration of C. Davis, # 2 Exhibit B, Declaration of E. Dorsey, # 3 Exhibit C, Executive Summary, # 4 Exhibit D, CV of D. Graves, # 5 Exhibit E, Various Correspondence)(Simon, Anthony) (Entered: 12/10/2018)
137 MEMORANDUM IN SUPPORT re 136 Response to Motion, re 131 Amended Motion for Extension of the Consent Decree and a Corrective Action Plan or, in the Alternative, Contempt filed by Hinds County, Mississippi (Simon, Anthony) (Entered: 12/10/2018)
TEXT ONLY ORDER: Pursuant to an email the Court received from Leonard B. Dixon, MSPA, this date, the Status Report 134 filed December 10, 2018, is hereby withdrawn. The report will be refiled once the parties have had chance to review and make any comments. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Chief District Judge Daniel P. Jordan III on December 11, 2018.(SP) (Entered: 12/11/2018)
TEXT ONLY ORDER finding as moot 135 Motion to Strike pursuant to the Text Order entered this date. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Chief District Judge Daniel P. Jordan III on December 11, 2018. (SP) (Entered: 12/11/2018)
138 MOTION to Substitute Attorney by Disability Rights Mississippi, J.H. (Bamzai, Vidhi) (Entered: 12/13/2018)
TEXT-ONLY ORDER granting 138 Motion to Substitute Attorney. Attorney Corrie Wynette Cockrell; Elissa F. Johnson; William B. Bardwell and Vanessa Judith Carroll terminated. Vidhi Bamzai is substituted as counsel for Plaintiffs. NO FURTHER WRITTEN ORDER TO ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 12/17/18 (RBM) (Entered: 12/17/2018)

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139 REPLY to Response to Motion re 131 MOTION Amended Motion for an Extension of the Consent Decree and Corrective Action Plan or, in the Alternative, Contempt re 128 MOTION Extension of the Consent Decree and Corrective Action Plan or In the Alternative Contempt filed by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit Ex.1, Court-Appointed Monitors Sixth Monitoring Rep. (U.S. v. Hinds Cty., et al.))(Bamzai, Vidhi) (Entered: 12/17/2018)
140 STATUS REPORT (13th Monitor's Report dated December 24, 2018 Leonard B. Dixon, MSPA). (SP) (Entered: 01/02/2019)
Set/Reset Motion Hearing as to 128 Motion Extension of the Consent Decree and Corrective Action Plan or In the Alternative Contempt; and 131 Motion Amended Motion for an Extension of the Consent Decree and Corrective Action Plan or, in the Alternative, Contempt set for February 20, 2019 at 9:00 AM in Courtroom 5A (Jackson) Jordan before Chief District Judge Daniel P. Jordan III. (SP) (Entered: 01/08/2019)
TEXT-ONLY ORDER terminating 128 Motion for Extension of Consent Decree in view of the filing of the Amended Motion 131 . No further written order shall issue. Signed by Chief District Judge Daniel P. Jordan III on January 14, 2019. (DI) (Entered: 01/14/2019)
Minute Entry for proceedings held before Chief District Judge Daniel P. Jordan III: Motion Hearing held on February 20, 2019 re 128 Motion Extension of the Consent Decree and Corrective Action Plan or In the Alternative Contempt; and 131 Amended Motion for an Extension of the Consent Decree and Corrective Action Plan or, in the Alternative, Contempt. APPEARING: Paloma Wu, Jody E. Owens II, and Vidhi Bamzai, counsel for Plaintiffs; and Pieter Teeuwissen and Anthony R. Simon, counsel for Defendant. Court Reporter/Transcriber: Brenda Wolverton (601) 608-4188.(SP) (Entered: 02/20/2019)
141 PLAINTIFFS' EXHIBIT LIST by J.H. and Disability Rights Mississippi.(SP) (Entered: 02/20/2019)
142 EXHIBIT P6 by J.H. and Disability Rights Mississippi. (SP) (Entered: 02/20/2019)
143 EXHIBIT P7 by J.H. and Disability Rights Mississippi. (SP) (Entered: 02/20/2019)
Set Hearing: Settlement Conference set for 3/19/2019 09:00 AM in Chambers 5.150 (Jackson) Ball before Magistrate Judge F. Keith Ball. Seven (7) days before the settlement conference, the parties must submit via e-mail to ball_chambers@mssd.uscourts.gov an updated CONFIDENTIAL SETTLEMENT MEMORANDUM. All parties, including a person with full settlement authority, are required to be

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present at the conference unless excused by the Court. If a party believes the scheduled settlement conference would not be productive and should be cancelled, the party is directed to inform the Court via e-mail of the grounds for their belief at least seven (7) days prior to the conference. (JEJ) (Entered: 02/26/2019)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 3/19/2019 in Jackson, MS. Appearing: Paloma Wu, Vidhi Bamzai, Miranda Bolef, Anthony R. Simon, Jody Owens and Pieter Teeuwissen. (JEJ) (Entered: 03/20/2019)
Set Hearing: Telephone Conference set for 3/22/2019 01:00 PM before Magistrate Judge F. Keith Ball. Counsel for the plaintiffs shall set up the conference and contact the Court at 601-608-4460. (JEJ) (Entered: 03/20/2019)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephone Conference held on 3/22/2019 in Jackson, MS. Appearing: Paloma Wu, Vidhi Bamzai, Pieter Teeuwissen and Anthony R. Simon. (JEJ) (Entered: 03/26/2019)
144 ORDER granting 131 Amended Motion for an Extension of the Consent Decree and Corrective Action Plan as set out in the Order. Signed by Chief District Judge Daniel P. Jordan III on April 3, 2019. (SP) (Entered: 04/03/2019)
145 THIRD AMENDED CONSENT DECREE. Signed by Chief District Judge Daniel P. Jordan, III on April 3, 2019 (Attachments: # 1 Attachment Table 1, # 2 Attachment Table 2)(SP) (Entered: 04/03/2019)
146 MOTION to Withdraw as Attorney by Disability Rights Mississippi, J.H. (Owens, Jody) (Entered: 07/16/2019)
TEXT-ONLY ORDER granting 146 Motion to Withdraw as Attorney. Attorney Jody E. Owens, II and Joi L. Owens terminated. NO FURTHER WRITTEN ORDER TO ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 7/22/19 (RBM) (Entered: 07/22/2019)
TEXT-ONLY ORDER. The next In-Person Status Conference is scheduled for 11/8/2019 at 9:00 a.m. This conference will likely include a Settlement Conference on various issues. Therefore, pursuant to L.U.Civ.R. 83.7(g)(3), the Court requires that all members of the Hinds County Board of Supervisors attend the In-Person Status Conference on 11/8/2019. No later than five (5) days prior to the conference, counsel must provide to the undersigned an updated memorandum, identifying the issues which need to be addressed at the conference. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 10/18/2019. (JEJ) (Entered: 10/18/2019)

10/18/2019
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Set Hearings: In Chambers Conference set for 6/16/2020 09:00 AM before Magistrate Judge F. Keith Ball; In Chambers Conference set for 9/8/2020 09:00 AM in Chambers 5.150 (Jackson) Ball before Magistrate Judge F. Keith Ball; In Chambers Conference set for 12/1/2020 09:00 AM in Chambers 5.150 (Jackson) Ball before Magistrate Judge F. Keith Ball; In Chambers Conference set for 2/18/2021 09:00 AM in Chambers 5.150 (Jackson) Ball before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 10/18/2019)
147 ORDER Requiring Defendants to Select and Approve an Approach to Address the Need for Additional Programming Space at Henley-Young Juvenile Justice Center Within 90 Days. Signed by Magistrate Judge F. Keith Ball on 11/4/2019. (dcw) (Entered: 11/04/2019)
Set Hearing: Telephone Conference set for 11/7/2019 03:30 PM before Magistrate Judge F. Keith Ball. The Court will set up the conference call. (JEJ) (Entered: 11/05/2019)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Discovery Conference held on 11/7/2019 in Jackson, MS. Appearing: Paloma Wu, Pieter Teeuwisssen and Anthony Simon. (JEJ) (Entered: 12/04/2019)
148 NOTICE of Appearance by Scherrie L. Prince on behalf of Hinds County, Mississippi (Prince, Scherrie) (Entered: 01/09/2020)
149 First MOTION to Substitute Attorney Pieter Teeuwissen and Anthony Simon by Hinds County, Mississippi (Prince, Scherrie) (Entered: 01/09/2020)
TEXT-ONLY ORDER granting 149 Motion to Substitute Attorney. Attorney Anthony R. Simon and Pieter Teeuwissen terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 1/10/2020. (dcw) (Entered: 01/10/2020)
Set Hearing: Telephonic Status Conference set for 1/14/2020 01:30 PM before Magistrate Judge F. Keith Ball. Counsel for Plaintiffs shall set up the conference and contact the Court at 601-608-4460. (JEJ) (Entered: 01/13/2020)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 1/14/2020 in Jackson, MS. Appearing: Paloma Wu, Sherrie Prince, Robert Graham and Tony Gaylor. (JEJ) (Entered: 01/16/2020)
150 Response to Order re 147 ORDER Requiring Defendants to Select and Approve an Approach to Address the Need for Additional Programming Space at Henley-Young Juvenile Justice Center Within 90 Days. Signed by Magistrate Judge F. Keith Ball on 11/4/2019. (dcw) filed by Hinds County, Mississippi (Gaylor-County Gov, Tony) (Entered: 02/04/2020)

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151 NOTICE of Appearance by Tony R. Gaylor-County Gov on behalf of Hinds County, Mississippi (Gaylor-County Gov, Tony) (Entered: 02/06/2020)
152 MOTION to Substitute Attorney Will Bardwell for Paloma Wu by Disability Rights Mississippi, J.H. (Bardwell, William) (Entered: 02/12/2020)
TEXT-ONLY ORDER granting 152 Motion to Substitute Attorney. Attorney Paloma Wu terminated. Signed by Magistrate Judge F. Keith Ball on 2/12/2020. (JEJ) (Entered: 02/12/2020)
153 NOTICE of Appearance by Rayford G. Chambers on behalf of Hinds County, Mississippi (Chambers, Rayford) (Entered: 02/13/2020)
154 RESPONSE to Memorandum re 150 Response to 147 Order, filed by Disability Rights Mississippi, J.H. (Attachments: # 1 Exhibit A - Table 2 (Feb. 20, 2020))(Bardwell, William) Modified on 2/21/2020 (KNS). (Entered: 02/21/2020)
155 MOTION to Withdraw as Attorney by Disability Rights Mississippi, J.H. (Wu, Paloma) (Entered: 02/21/2020)
DOCKET ANNOTATION as to 154 : Court linked document to 147 Order. (KNS) (Entered: 02/21/2020)
TEXT-ONLY ORDER denying as moot the Motion 155 to Withdraw as Attorney. Attorney Paloma Wu was terminated on 2/12/2020 by the textonly order granting the Motion 152 to Substitute Attorney. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 2/24/2020 (dcw) (Entered: 02/24/2020)
156 MOTION to Withdraw as Attorney Scherrie L. Prince by Hinds County, Mississippi (Prince, Scherrie) (Entered: 03/16/2020)
TEXT-ONLY ORDER granting Motion 156 to Withdraw as Attorney. Attorney Scherrie L. Prince terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 3/17/2020. (dcw) (Entered: 03/17/2020)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: In Chambers Conference held (by telephone) on 6/16/2020 in Jackson, MS. Appearing: Vidhi Bamzai, Leslie Jones, Miranda Bolef, Will Bardwell, Tony Gaylor and Ray Chambers. (JEJ) (Entered: 06/17/2020)
157 MOTION to Withdraw as Attorney by Disability Rights Mississippi, J.H. (Bardwell, William) (Entered: 08/04/2020)
TEXT-ONLY ORDER granting 157 Motion to Withdraw as Attorney. Attorney William B. Bardwell terminated. NO FURTHER WRITTEN

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ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 8/5/2020. (dcw) (Entered: 08/05/2020)
Reset Hearing: TIME CHANGE ONLY. In Chambers Conference (to be held by telephone) reset for 9/8/2020 01:00 PM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 09/02/2020)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: In Chambers Conference (held by telephone) held on 9/8/2020 in Jackson, MS. Appearing: Leslie Jones, Vidhi Bamzai, Miranda Bolis, Benjamin Chalk, Tony Gaylor and Ray Chambers. (JEJ) (Entered: 09/29/2020)
158 ORDER Directing Expert Anne Nelsen to Provide a Report Addressing Steps and Timeline for Compliance with the Third Amended Consent Decree at Henley-Young Juvenile Justice Center. Signed by Magistrate Judge F. Keith Ball on 9/21/2020. (JEJ) (Entered: 09/21/2020)
Reset Hearing: In Chambers Conference reset for 12/9/2020 09:00 AM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 09/29/2020)
Reset Hearing: In Chambers Conference reset for 2/12/2021 09:00 AM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 09/29/2020)
159 NOTICE of Appearance by Greta K Martin on behalf of Disability Rights Mississippi (Martin, Greta) (Entered: 11/23/2020)
160 MOTION to Withdraw as Attorney Vidhi Bamzai, MOTION to Substitute Attorney Leslie Faith Jones by Disability Rights Mississippi, J.H. (Jones, Leslie) (Entered: 12/11/2020)
TEXT-ONLY ORDER granting 160 Motion to Withdraw as Attorney; Attorney Vidhi Bamzai terminated. The motion 160 Motion to Substitute Attorney is granted and attorney Leslie Faith Jones is substituted for Attorney Vidhi Bamzai. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 12/14/2020. (dcw) (Entered: 12/14/2020)
RESET Hearing: In Chambers Conference reset for 3/8/2021 01:30 PM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 02/11/2021)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: In Chambers Conference (held by zoom) on 3/8/2021 in Jackson, MS. Appearing: Leslie Faith Jones, Miranda Bolef, Greta Martin, Christina Huffman and Tony Gaylor. (JEJ) (Entered: 03/12/2021)
Set Hearing: Telephone Conference set for 3/31/2021 01:30 PM before Magistrate Judge F. Keith Ball. The Court has provided the parties with a call-in number. (JEJ) (Entered: 03/30/2021)

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Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephone Conference held on 3/31/2021 in Jackson, MS. Appearing: Leslie Faith Jones, Greta Martin and Tony Gaylor. (JEJ) (Entered: 04/05/2021)
161 ORDER EXTENDING THIRD AMENDED CONSENT DECREE. Signed by Chief District Judge Daniel P. Jordan, III on April 2, 2021 (Attachments: # 1 Exhibit A - Extended Third Amended Consent Decree)(SP) (Entered: 04/02/2021)
162 NOTICE of Appearance by Keisha L. Stokes-Hough on behalf of Disability Rights Mississippi, J.H. (Stokes-Hough, Keisha) (Entered: 04/26/2021)
Set Hearing: In Chambers Conference (to be held by zoom) set for 6/15/2021 09:00 AM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 05/26/2021)

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