John A. v. Castle

JI-DE-001-001 UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE

JOHN A and MARY B. on behalf of themselves and all others similarly situated,
Plaintiffs,

v.

MICHAEL N. CASTLE. Governor of

the State of Delaware; CHARLES E.

HAYWARD. Secretary of the

Department of Services for

Children, Youth and Their Families;)

PATRICK MCCARTHY. Acting Director, )

Division of Youth Rehabilitative )

Services; MIDGE HOLLAND. Chief of )

Secure Care; RICHARD A. SHAWr

)

Superintendent of Ferris School; )

ALFRED JACKSON. Superintendent of )

the Bridge House; and GWENDOLYN )

ANGALETF Director of the Division )

of Administrative and Support

)

Services; all of the above in

)

their official capacities,

)

)

Defendants.

)

C.A. No. 9o -^ oo
COMPLAINT

r

, .-,

PRELIMINARY STATEMENT

1. This class action seeks redress of numerous, continuing deprivations of constitutional rights of children who are now or in the future may be confined to the Ferris School and Bridge House in Wilmington, Delaware. Both these institutions are operated by the Department of Services for Children, Youth and Their Families of the State of Delaware, and are intended to provide secure confinement of youth who have been charged with offenses or who have been committed to the custody of the State following

2 adjudication. There are presently approximately 60 youth confined at the Ferris School and approximately 40 youth confined at the Bridge House.
2. Plaintiffs challenge the conditions of their confinement at the Ferris School and the Bridge House which endanger their physical and mental health and safety; deny them meaningful access to and opportunities for education, treatment or rehabilitation, and restrict their access to and communication with families, friends, community and the courts. For many plaintiffs, these institutions do not provide the least restrictive placement consistent with statutory goals of rehabilitation and treatment. Further, defendants have subjected plaintiffs to overcrowding; life and fire safety hazards; unhealthy living conditions; inadequate medical and mental health care; abusive punishment and disciplinary practices including isolation, shackling and other forms of physical and verbal abuse; improper classification; inadequate and inappropriate education, rehabilitation and treatment programs; lack of due process; unnecessary and improper restrictions on communication such as the mail, telephone, visits and access to courts; and denial of privacy and dignity. Plaintiffs are not provided adequate food and exercise to insure the basic health needs of growing adolescents. These children are incarcerated for inordinately long periods of time within a toxic environment which is highly detrimental to their growth and development. As a result of these conditions, plaintiffs seek declaratory and injunctive relief prohibiting further violation of their rights as guaranteed by the Fourteenth Amendment to the United States Constitution.

3 JURISDICTION 3. This Court has jurisdiction of this action under 28 U.S.C. §1343(3) since this is an action to redress the deprivation, under color of state law, regulation, custom or usage, of rights secured by the Constitution of the United States; the Civil Rights Acts, 42 U.S.C. §1983; §504 of the Rehabilitation Act, 29 U.S.C. §794 and the Education for All Handicapped Children Act (EHCA), 20 U.S.C. §1401, et sea. 4. This Court also has jurisdiction of this action under 28 U.S.C. §1343(4) since this is an action to secure declaratory, injunctive and other equitable relief under acts of Congress providing for the protection of civil rights, specifically the Civil Rights Acts, 42 U.S.C. of §1983; §504 of the Rehabilitation Act, 29 U.S.C. §794; and the EHCA, 20 U.S.C. §1401, et sea. 5. This Court also has jurisdiction of this action under 28 U.S.C. §§ 2201 and 2202 and Federal Rules of Civil Procedure 57 and 65 since this is an action seeking a judgment declaring the rights of plaintiffs, and for injunctive and other equitable relief based upon that declaratory judgment, under §1983. 6. This Court has further jurisdiction of this action under 28 U.S.C. §1331(a) since it is a civil action arising under the Constitution and laws of the United States. PLAINTIFFS 7. John A is incarcerated at the Ferris School. Mary B is incarcerated at the Bridge House. Plaintiffs bring this action under pseudonym in order to preserve confidentiality and protect themselves from harassment and humiliation.

4
DEFENDANTS 8. Michael N. Castle is the Governor of the State of Delaware, and as such, is ultimately responsible for the constitutional operation of the institutions at issue here. 9. Charles E. Hayward is the Secretary of the Department of Services for Children, Youth and Their Families (DSCYF). As chief executive officer of DSCYF, he is responsible for the care of youth confined at the Ferris School and the Bridge House, pursuant to 29 Del.C. §9000 et seq. 10. Patrick McCarthy is the Acting Director of the Division of Youth Rehabilitative Services of the DSCYF. This division supervises the overall operation of the Ferris School and the Bridge House. 11. Midge Holland is the Chief of Secure Care of the Division of Youth Rehabilitative Services of the DSCYF. She is responsible for the day-to-day operation of the Ferris School and the Bridge House. 12. Richard A. Shaw is the Superintendent of the Ferris School. He is responsible for the provision of care to plaintiffs at the Ferris School, and for supervision of the Ferris School staff. 13. Alfred Jackson is the Superintendent of the Bridge House. He is responsible for the provision of care to plaintiffs at the Bridge House, and for supervision of the Bridge House staff. 14. Gwendolyn Angalet is the Director of the Division of Administrative and Support Services of the DSCYF. This division

"\
5 supervises the provision of educational services to the children incarcerated at the Ferris School and the Bridge House.
CLASS ACTION ALLEGATIONS 15. The named plaintiffs bring this action on behalf of themselves and all others similarly situated pursuant to Rules 23 (a) and (b) (2) of the Federal Rules of Civil Procedure. The class consists of all juveniles who are now or who in the future may be confined to the Ferris School and the Bridge House. 16. The members of the class are so numerous that joinder of all members is impracticable. At the present time, approximately 100 children are confined in these institutions. Hundreds of children are confined each year and there is constant turnover of the juveniles at these institutions. 17. The named plaintiffs and their counsel will fairly and adequately protect the interests of the class. 18. The claims of the named plaintiffs are typical of the plaintiff class. The named plaintiffs, together, have been subjected to the conditions, policies, practices, acts and omissions complained of in this action. 19. All plaintiffs are subject to the conditions, policies and practices of defendants described in this complaint during their confinement at these institutions, so that there are questions of law or fact common to members of the plaintiff class.
The questions of law or fact common to all members of the plaintiff
class include whether the conditions, practices, acts and omissions complained of occur, and whether these conditions violate rights

6 guaranteed to plaintiffs by the United States Constitution and federal law.
20. By their policies and practices, defendants have acted, and continue to act, on grounds and in a manner generally applicable to the class, thereby making appropriate final injunctive and corresponding declaratory relief with respect to the class as a whole.
FACTUAL ALLEGATIONS - THE FERRIS SCHOOL 21. The Ferris School is located in suburban Wilmington, Delaware. Living units consist of four maximum security areas (Max), and one separate minimum security area known as Mowlds Cottage. The maximum security area, where the large majority of the all-male population is housed, is designed in a highly restrictive style intended to assure the security of staff, rather than the humane treatment of those who must live there. Children spend endless hours behind thick glass walls, or locked in cells with heavy steel doors. Approximately 60 young men are presently incarcerated at the Ferris School. Living Conditions 22. Defendants have failed to provide living units which meet minimal fire safety standards. Dangerous conditions abound, including presence of foam rubber throughout the facility, failure to provide adequate methods to release locks in the event of fire,
failure to conduct necessary fire drills, and lack of sprinkler
systems.

7
23. Every area of the facility has been observed to be uniformly filthy. Most of the cleaning chores are left to the youngsters who are not only untrained in hygienic methods, but are also denied adequate materials and equipment with which to clean. Isolation cells are grossly dirty, and reeking of urine. Mowlds Cottage is crowded and dirty. Bugs are a problem in the maximum units, and Mowlds Cottage is infested with mice. Body lice are a common problem.
24. Defendants have failed to implement even minimal maintenance and repair procedures. The entire institution is in a state of disrepair, including broken lights, windows, screens, plumbing and washing machines. What furniture is available is in tatters, contributing to the general oppressiveness of the environment.
25. Children have often been required to sleep three to a room designed for one. Children often sleep on thin mattresses on the floor. Even in the isolation rooms, three or four children have been held in one room and some have had to sleep on the floor.
26. Defendants have failed to provide appropriate, clean clothing to children. In Max, children must wear shapeless, raggedy sweat suits 24 hours per day, in a style reminiscent of World War II POW camps. The children in the various units are required to wear suits of a particular color, labelling the children as members of that group and denying any sense of individuality. Defendants have failed to provide adequate, clean underwear. All underwear is communal, and children are forced to

8 compete for- clean underwear delivered to the unit. If a child fails in grabbing enough underwear he must then go without. Clothing that is provided is inadequately laundered.
27. Defendants have failed to provide adequate towels, blankets, sheets or pillowcases. The shortage of towels is so severe that children must often dry off after showers with their sweat suits or sheets. Sheets are not properly laundered. Blankets are torn and tattered. Mattresses are not sanitized between use by different children.
28. Ventilation is extremely poor, and areas of the units are often uncomfortably hot or frigid.
29. Lighting is inadequate throughout to conduct close work such as reading or writing.
30. Defendants have failed to provide any modicum of personal privacy to youth. Days are spent in close communal contact, with no regard for the basic necessity of personal dignity.
31. Children have complained that they do not receive sufficient food, and often go to bed hungry. It is common that food is denied as punishment. Some youth are visibly underweight and appear to be ill-nourished. Many children state that they have lost significant amounts of weight during their incarceration. Food that is provided is often cold and unappetizing.
Physical and Verbal Abuse
t
32. Children at Ferris have been held for long periods of
time in isolation cells, sometimes as punishment, sometimes simply for administrative convenience. Children have been held in

9 isolation rooms for periods of two weeks, with only brief periods of time outside the cells. Staff resort to the use of isolation as punishment for the most minor infractions. Less dangerous interventions are rarely attempted prior to the use of isolation. Sometimes three or four boys have been held in one "quiet room". Water in toilets and sinks are controlled by staff, and have been turned off while children were held in these rooms. No books, papers, magazines or any other materials have been allowed in the "quiet room".
33. Another popular punishment is the use of ''early bed", a form of isolation, as a response to misbehavior. Often an entire unit of children have been locked down in their cells as early as 5:00 p.m. in the afternoon. Shoes and pants are taken away from the children when they are locked in their rooms. Food has often been denied to children locked in their rooms.
34. Staff agressively verbally abuse these young boys. Profanity is rampant, but children are not allowed to respond to these barrages by staff. Children are often cruelly teased, intimidated, baited and berated by certain staff.
35. Children have been physically assaulted and roughed up by staff. Children are sometimes encouraged to fight with each other. Physical mistreatment has occurred under the guise of moving a child into isolation.
36. Mechanical restraints, particularly handcuffs and leather straps, have been improperly used. Children have been handcuffed and strapped to bunks. Staff have threatened to use mace against youth.

10
Programming 37. Boys at Ferris spend many hours in idleness. Indoor recreation programs are limited to basketball and wrestling. Many boys do not participate in these sports. Boys with "mandatory" sentences are not allowed to go outside. Many youth have spent months without a single venture outside the building. There are no music, art, crafts, hobbies or other productive recreational programs. 38. Children have not been provided adequate psychological services. Drug and alcohol abuse treatment is provided only one hour per week, and only 8 children participate. Sex offender counselling is limited to one hour per week. Many children are in dire need of such services, and often these needs have contributed to their incarceration. Defendants have failed to meet these needs. 39. Psychological treatment is not provided to children who have threatened or attempted suicide. These children are often placed in isolation cells. 40. Defendants provide no structured program of individualized care or treatment of children with specialized needs. Children are basically warehoused at the Ferris School. Many children are inappropriately placed at the Ferris School—many are too young, too small, are minor offenders or are psychologically ill-equipped to be housed in a maximum security prison. No effort is made to appropriately treat these children.

11

Medical. Dental. Psychiatric Care

41. Defendants have failed to provide youth with adequate

medical, dental and psychiatric care to ensure health and safety.

Medications are not properly administered. One youth was allowed

to hoard medication which he then used to attempt suicide. He was

not provided with medical attention for 1-1/2 hours hours after

ingesting this medication. Another child was refused medical

treatment because staff were unavailable to take him to a doctor.

Children have been placed in isolation for fighting, and refused

medical treatment for injuries they had sustained. Children

complain that they are routinely denied medical attention for

sports injuries or injuries sustained in fights. Children

experience unreasonable delays when they request to see a dentist

or a psychiatrist.

These failures constitute deliberate

indifference to the medical, dental and psychiatric needs of the

plaintiffs.

Classification. Due Process. Grievance System

42. Defendants provide no classification system at Ferris.

There is no effort to separate weak from strong, or agressive from

timid youth.

43. Children are provided no due process protections in

disciplinary actions.

44. There is no grievance system at Ferris. Children are not
allowed to communicate their complaints beyond line staff.

Education

45. Defendants fail to provide children with adequate

12

education Services.

Children do not receive educational

opportunities equivalent to those available in the community,

adequate to meet their special needs.

46. Defendants confine a substantial number of children who

are eligible for and require special education services.

Defendants fail to provide these children with adequate special

education services required by federal law, such as speech and

hearing therapy, psychological services, appropriate educational

equipment and sufficient qualified staff. Defendants fail to

adequately identify, assess,, or evaluate children to determine

whether they have special needs, and how such special needs can be

met.

47. Defendants fail to develop appropriate individualized

education programs for children who need special education or to

ensure parental involvement or appointment of surrogate parents for

these children.

48. Defendants fail to provide special education and related

services, including speech therapy, physical therapy, and

psychological therapy to handicapped children who need such

services to benefit from their education.

49. Defendants fail to employ sufficient numbers of

adequately trained, certified special education teachers to provide

special education services to children who need them.

Communication

50. Children at Ferris are denied the ability to maintain

contact with their family and friends. Visiting is severely

13 limited. Only 15 minutes per week is allowed for telephone calls, and calls are often cancelled for administrative reasons. No provision is made to assure the right to counsel and the courts. Once a child is incarcerated at Ferris, he is effectively cut off from the outside world.
FACTUAL ALLEGATIONS - THE BRIDGE HOUSE 51. The Bridge House is located in an urban neighborhood of Wilmington, Delaware. It is a detention center, primarily used for the secure incarceration of boys and girls who are awaiting adjudication or placement by the Family Court. It is a maximum security facility. Presently approximately 40 youth are held there, but the population has been twice that number within the past six months. Children are often held for many months with little or no programming or activities while awaiting resolution of their cases. The Bridge House is an old building which has outlived its usefulness. The design is a maze of tiny rooms, with limited space for program activities. This facility is unsafe and inappropriate for the housing of children. Living Conditions 52. The Wilmington Fire Marshal • s Office has repeatedly cited the Bridge House facility for fire safety violations and has ordered that, unless major renovations are completed, the building must be vacated by July 1, 1990. Until that time, children housed at Bridge House will be subjected to an unreasonable risk of harm.

14 53. The small rooms in which children live are dark, dingy and barren of any of the minimal comforts generally taken for granted in a civilized society. Often three children have been held in a single room, with the third person sleeping on the floor. Children have been locked into these rooms for long periods of time. Shoes and pants are not allowed in the rooms. During art extended lockdown in December, 1989, children were locked in their rooms for a week. Children have absolutely no privacy. 54. Children are forced to wear ill-fitting institutional clothes, stamped with the words "Property of Bridge House." Clothing is communal and is not properly laundered. Insufficient underwear is provided. 55. Sheets, towels, blankets and pillowcases are in short supply, and are not properly laundered. Mattresses are not sanitized between uses, and often new arrivals are required to sleep on sheets which have not been laundered after the previous occupant. 56. Children have complained that they do not receive enough food to eat. Food is often served undercooked or cold. 57. Ventilation is very poor, particularly in small rooms where children are locked in. Air conditioning and heating are erratic. Windows are usually kept closed. 58. The entire building is in a state of disrepair and poor sanitation. Children do most of the cleaning. Plumbing and other facilities are poorly maintained. 59. Lighting is insufficient for reading or writing. Light

15 switches are controlled by staff, and often children must sleep with lights on.
60. Insects, especially body lice, are commonly present in the living units.
Physical and Verbal Abuse 61. Children at Bridge House are commonly punished by "early bed", or being locked in their rooms for long periods of time. Often the water for facilities is turned off during lockdowns. Group punishments often take the form of institutional lockdowns. 62. Children have been roughed up by staff and some have been handcuffed to bunks. 63. Staff have verbally abused children by use of profanity, aggressive teasing and intimidation. 64. Children are allowed or encouraged to fight with other children. Often children are subjected to meaningless, repetitious cleaning details for punishment. Programming 65. There is no structured treatment program at Bridge House. There is virtually no counselling, no substance abuse programming, no psychological therapy, no productive recreation or other meaningful activities. Children spend most of their days jammed into one room, watching TV. 66. Children have spent many days and weeks at Bridge House with no opportunity for outdoor exercise. Indoor exercise opportunities are minimal.

16

Classification. Due Process. Grievance System

67. Defendants provide no classification system at Bridge

House. There is no effort to separate weak from strong, or

agressive from timid youth.

68. Children are provided no due process protections in

disciplinary actions.

69. There is no grievance system at Bridge House. Children

are not allowed to communicate their complaints beyond line staff.

Education

70. Defendants fail to provide children with adequate

education services.

Children do not receive educational

opportunities equivalent to those available in the community,

adequate to meet their special needs.

71. Defendants confine a substantial number of children who

are eligible for and require special education services.

Defendants fail to provide these children with adequate special

education services. Defendants fail to adequately identify,

assess, or evaluate children to determine whether they have special

needs, and how such special needs can be met.

72. Defendants fail to develop appropriate individualized

education programs for children who need special education or to

ensure parental involvement or appointment of surrogate parents for

these children.

73. Defendants fail to provide special education and related

services, including speech therapy, physical therapy, and

psychological therapy to handicapped children who need such

17 services to'benefit from their education.
74. Defendants fail to employ sufficient numbers of adequately trained, certified special education teachers to provide special education services to children who need these services in the detention center.
Communication 75. Children at Bridge House are denied the ability to maintain contact with their family and friends. Visiting is severely limited. Only a few minutes per week is allowed for telephone calls. No provision is made to assure the right to counsel and the courts. Once a child is incarcerated at Bridge House, he is effectively cut off from the outside world.
NO ADEQUATE REMEDY AT LAW 76. As a proximate result of the defendants1 policies, practices, acts, and omissions complained of and the conditions and circumstances described above to which plaintiffs are subjected, plaintiffs have suffered, do suffer, and will continue to suffer immediate and irreparable injury. Plaintiffs have no plain, adequate, or complete remedy at law to redress the wrongs described. Plaintiffs will continue to be irreparably injured by the policies, practices, acts, and omissions of the defendants unless this Court grants the injunctive relief which plaintiffs seek.
LEGAL CLAIMS 77. For plaintiffs' claims enumerated below, they repeat and

18 reallege paragraphs 1 through 76 above, as if fully set forth herein, in each and every statement of claim, and further allege:
FIRST CLAIM 78. Defendants1 policies, practices, acts, and omissions violate plaintiffs' right to due process of law guaranteed by the Fourteenth Amendment to the United States Constitution.
SECOND CLAIM 79. Defendants' policies, practices, acts, and omissions complained of herein deprive plaintiffs of the right to treatment in the least restrictive setting and under the least restrictive conditions guaranteed by the Fourteenth Amendment to the United States Constitution.
THIRD CLAIM 80. Defendants' policies, practices, acts, and omissions complained of, and in particular, defendants' failure to provide handicapped and disabled students with a free and appropriate public education, deprive plaintiffs of rights guaranteed them by Pub.L. No. 94-142, and by §504 of the Rehabilitation Act, 29 U.S.C. §794.
PRAYER FOR RELIEF WHEREFORE, plaintiffs pray that this Court:
A. Assume jurisfiction of this action; B. Issue an order certifying this action to proceed as a class action pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure; C. Issue a declaratory judgment pursuant to 28 U.S.C.

19 §§ 2201 and" 2202, and Fed.R.Civ.P., Rule 57, that the policies, practices, acts, and omissions complained of:
(1) subject plaintiffs to denial of due process of law guaranteed by the Fourteenth Amendment to the United States Constitution;
(2) violate plaintiffs' rights to receive treatment in the least restrictive setting and under the least restrictive conditions guaranteed by the Fourteenth Amendment to the United States Constitution;
(3) deprive plaintiffs of the right to a free, appropriate public education under the Pub.L. No. 94-142, and §504 of the Rehabilitation Act, 29 U.S.C. §§ 794 et seq.;
(4) violate plaintiffs1 rights under 42 U.S.C. §1983.
D. Issue preliminary and permanent injunctions sufficient to rectify the unconstitutional acts and omissions and statutory violations alleged in this Complaint as follows:-
(1) Preliminarily and permanently enjoin defendants, their agents, employees, successors in office, and assigns, from engaging in the unconstitutional and unlawful practices, acts, and omissions described herein, including, but not limited to:
(a) confining children in these institutions under conditions that are overcrowded, unhealthful, unsanitary, and 1i fe-endangering;
(b) failing to adequately protect children's

20 physical, mental, and emotional health;
(c) failing to protect children from physical and verbal abuse while confined at these institutions;
(d) failing to protect children from the improper use of mechanical restraints;
(e) failing to provide children with adequate medical, dental, and psychiatric care;
(f) failing to provide children with adequate education, including special education and related services;
(g) failing to provide children with adequate programming, including indoor and outdoor recreation;
(h) using isolation as a method of discipline for children;
(i) failing to provide children with due process protections prior to imposing discipline; and
(j) failing to provide adequate food and clothing.
(2) Restraining and prohibiting defendants from failing to provide and use appropriate community-based alternatives to incarceration of juveniles;
E. Order defendants to develop and implement a comprehensive plan for correction of the unlawful policies, practices, acts, and omissions complained of in this Complaint, and to submit this plan to the Court and to attorneys for plaintiffs for review;

21 F; Appoint a Special Master to review and ensure implementation of the plan submitted by defendants; G. Retain jurisdiction over this action until such time as the Court is satisfied that the unlawful policies, practices, acts, and omissions complained of no longer exist and will not recur; H. Award to plaintiffs and the class reasonable attorneys1 fees and costs in this act, pursuant to 42 U.S.C. §1988, 19 U.S.C. §794a(2)(6), and Pub.L. No. 94-142; I. Award such other and further relief as this Court may deem necessary.

MORRIS, ROSENTHM . MONHAIT

OF COUNSEL:
Claudia Wright NATIONAL PRISON PROJECT
OF THE ACLUF 1616 P Street NW, Suite 340 Washington, D.C. 20036

First/ Federal Plaza
P.O.JBok 1070
Wilmington, DE 19899 Attorneys for Plaintiffs
Cooperating Attorneys ACLU Delaware

 
 John A. v. Castle

II r^C f\r\ *i n n o "••'• ••"• ••ill fill Illi
UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

JOHN A., formerly confined at the )

Ferris School, MARY B., formerly )

confined at the Bridge House,

)

PAUL C. and EDWARD D., currently )

confined at the Ferris School and )

HELEN E., currently confined at the )

New Castle County Detention Center, )

by and through their next friend, )

MAX S. BELL, JR., individually

)

and on behalf of all others

)

similarly situated,

)

Plaintiffs,

)

v.

) C.A. No. 90-200-CMW

MICHAEL N. CASTLE. Governor of

)

the State of Delaware; CHARLES E. )

HAYWARD. Secretary of the

)

Department of Services for

)

Children, Youth and Their Families; )

PATRICK MCCARTHY. Director,

)

Division of Youth Rehabilitative )

Services; GERTRUDE HOLLAND. Deputy )

Director, Division of Youth

)

Rehabilitative Services; HENRY

)

"SKIP" KEITH. Chief of Secure

)

Care; RICHARD A. SHAW.

)

Superintendent of Ferris School; )

and GWENDOLYN ANGALET.

)

Director of the Division of

)

Administrative and Support

)

Services; all of the above in

)

their official capacities,

)

^' • rT

AMENDED COMPLAINT

~

— c;

: •

E~

'

•. '.

££

Defendants.

)

PRELIMINARY STATEMENT

1. This class action seeks redress of numerous, continuing deprivations of constitutional rights of children who are now or in the future may be confined to the Ferris School and the New Castle County Detention Center in Wilmington, Delaware. Both these institutions are operated by the Department of Services for Children, Youth and Their Families of the State of Delaware, and

2

are intended to provide secure confinement of youth who have been

charged with offenses or who have been committed to the custody of

the State following adjudication.

There are presently

approximately 75 youth confined at the Ferris School and

approximately 20-25 youth confined at the New Castle County

Detention Center.

2. Plaintiffs challenge the conditions of their confinement

at the Ferris School and the New Castle County Detention Center

which endanger their physical and mental health and safety; deny

them meaningful access to, and opportunities for, education,

treatment and rehabilitation; and restrict their access to, and

communication with, families, friends, community and the courts.

For many plaintiffs, these institutions do not provide the least

restrictive placement consistent with statutory goals of

rehabilitation and treatment. Further, defendants have subjected

plaintiffs to overcrowding; life and fire safety hazards; unhealthy

living conditions; inadequate medical, dental and mental health

care; abusive punishment and disciplinary practices including

isolation and other forms of physical and verbal abuse; improper

classification; inadequate and inappropriate education,

rehabilitation and treatment programs; lack of due process;

unnecessary and improper restrictions on communication such as the

mail, telephone, visits and access to courts; and denial of privacy

and dignity. Plaintiffs are not provided adequate exercise to

ensure the basic health needs of growing adolescents. These youth

are incarcerated for inordinately long periods of time within a

3 toxic environment which is highly detrimental to their growth and development. As a result of these conditions, plaintiffs seek declaratory, injunctive and other equitable relief on behalf of themselves and all other youth confined at the Ferris School and the New Castle County Detention Center.
3. This action is brought to redress defendants' violations of federal constitutional and statutory rights. This action is brought pursuant to the Civil Rights Act, 42 U.S.C. §1983, the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§1401 et seq. and its implementing regulations at 34 C.F.R. §300 et seq.. Section 504 of the Rehabilitation Act of 1973 (§504), 29 U.S.C. §794 and its implementing regulation at 34 C.F.R. §104 et seq.; and the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution.
JURISDICTION 4. This Court has jurisdiction of this action under 28 U.S.C. §1343(3) because this is an action to redress the deprivation, under color of state law, regulation, custom or usage, of rights secured by the Constitution of the United States; the Civil Rights Act, 42 U.S.C. §1983; §504 of the Rehabilitation Act, 29 U.S.C. §794 and the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §1401, et Seq. 5. This Court also has jurisdiction of this action under 28 U.S.C. §1343(4) because this is an action to secure declaratory, injunctive and other equitable relief under acts of Congress providing for the protection of civil rights, specifically the

4 Civil Rights Act, 42 U.S.C. of §1983; §504 of the Rehabilitation Act, 29 U.S.C. §794; and the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §1401, et seq.
6. This Court also has jurisdiction of this action under 28 U.S.C. §§ 2201 and 2202, and Rules 57 and 65 of the Federal Rules of Civil Procedure because this is an action seeking a judgment declaring the rights of plaintiffs, an injunction and other equitable relief based upon that declaratory judgment, under §1983.
7. This Court has further jurisdiction of this action under 28 U.S.C. §1331(a) because this a civil action arising under the Constitution and laws of the United States.
PLAINTIFFS 8. At the time this litigation was originally filed, plaintiff John A. was incarcerated at the Ferris School and plaintiff Mary B. was incarcerated at the Bridge House. These plaintiffs were subjected to the unlawful policies, practices and conditions described in the original complaint. These plaintiffs are not confined presently in juvenile facilities operated by the defendants. Also, since the original complaint was filed, the Bridge House has been closed. 9. Paul C. and Edward D. are presently confined at the Ferris School and Helen E. is presently confined at the New Castle County Detention Center. These plaintiffs are currently, and will continue to be, subjected to the unlawful policies, practices and conditions described in this complaint unless the relief requested herein is granted. They bring this lawsuit under pseudonyms to

5 preserve their confidentiality and protect them from embarrassment and harassment.
10. These plaintiffs bring this action by and through their next friend, Max S. Bell, Jr., a citizen of Delaware and a concerned member of the community. He serves as President of the American Civil Liberties Union of Delaware.
DEFENDANTS 11. Michael N. Castle is the Governor of the State of Delaware, and as such, is ultimately responsible for the operation of the institutions at issue here. 12. Charles E. Hayward is the Secretary of the Department of Services for Children, Youth and Their Families (DSCYF). As chief executive officer of DSCYF, he is responsible for the care of youth confined at the Ferris School and the New Castle County Detention Center, pursuant to 29 Del.C. §9000 et seq. 13. Patrick McCarthy is the Director and Gertrude Holland is the Deputy Director of the Division of Youth Rehabilitative Services of the DSCYF. As such, they supervise the overall operation of the Ferris School and the New Castle County Detention Center. 14. Henry "Skip" Keith is the Chief of Secure Care of the Division of Youth Rehabilitative Services of the DSCYF. He is responsible for the day-to-day operation of the Ferris School and the New Castle County Detention Center. He is also the Acting Superintendent of the New Castle County Detention Center. As such, he is responsible for the provision of care to plaintiffs at the

6 New Castle County Detention Center and for supervision of the New Castle County Detention Center staff.
15. Richard A. Shaw is the Superintendent of the Ferris School. He is responsible for the provision of care to plaintiffs at the Ferris School and for supervision of the Ferris School staff.
16. Gwendolyn Angalet is the Director of the Division of Administrative and Support Services of the DSCYF. As such, she supervises the provision of educational services to the children incarcerated at the Ferris School and the New Castle County Detention Center.
17. All defendants are sued in their official capacities. At all relevant times, defendants have acted under color of state law to deprive plaintiffs of their rights, privileges and immunities under the Constitution of the United States and applicable federal statutes.
CLASS ACTION ALLEGATIONS 18. The named plaintiffs bring this action on behalf of themselves and all others similarly situated pursuant to Rules 23(a) and (b)(2) of the Federal Rules of Civil Procedure. The class consists of all juveniles who are now or who in the future may be confined to the Ferris School and the New Castle County Detention Center. 19. The members of the class are so numerous that joinder of all members is impracticable. At the present time, approximately 100 children are confined in these institutions. Hundreds of

7 children are confined each year and there is constant turnover of the juveniles at these institutions.
20. The named plaintiffs, their next friend and their counsel will fairly and adequately protect the interests of the class. The plaintiffs are represented by counsel experienced in civil rights class action litigation.
21. The claims of the named plaintiffs are typical of the plaintiff class. The named plaintiffs, together, have been subjected to the conditions, policies, practices, acts and omissions complained of in this action.
22. The members of the plaintiff class are subject to the conditions, policies and practices of defendants described in this complaint during their confinement at these institutions, so that there are questions of law or fact common to members of the plaintiff class. The questions of law or fact common to all members of the plaintiff class include whether the conditions, practices, acts and omissions complained of occur, and whether these conditions violate rights guaranteed to plaintiffs by the United States Constitution and federal law.
23. By their policies and practices, defendants have acted, and continue to act, on grounds and in a manner generally applicable to the class, thereby making appropriate final injunctive and corresponding declaratory relief with respect to' the class as a whole.

8 FACTUAL ALLEGATIONS A. Physical Environment 24. The Ferris School is located in suburban Wilmington, Delaware. Living units consist of four maximum security areas (Max), and one separate minimum security area known as Mowlds Cottage. The maximum security area, where the large majority of the all-male population -is housed, is designed in a highly restrictive style intended to assure the security of staff rather than the humane treatment of those who must live there. Children spend endless hours behind thick glass walls, or locked in cells with heavy steel doors. Approximately 75 young men are presently incarcerated at the Ferris School. 25. The New Castle County Detention Center is located on the same grounds as the Ferris School; it occupies a wing of the maximum security building. The living units are two hallways with cells spanning the length. There is a day room, a classroom and several administrative offices. Children use the same dining hall, gym and infirmary as youth at Ferris. The New Castle County Detention Center houses non-adjudicated boys, and girls both before and after adjudication. Approximately 20-25 youth are incarcerated at the New Castle County Detention Center.

9 B. Living Conditions 26. Defendants have failed to provide living units which meet minimal fire safety standards. Dangerous conditions abound, including malfunctioning smoke detectors, exposed wires and sockets, furniture and mattresses throughout the facilities without available certifications on flammability or approval ratings and no sprinkler system. Fire emergency and evacuation procedures are completely inadequate. No one is in charge of managing emergency operations. Secondary exit routes are unmarked and the location of keys for them uncertain. Each room is individually locked without an automatic, gang lock release mechanism and there is no lock maintenance program or schedule to prevent and detect lock malfunctions. There are no tools to open the windows in the Max building and the keys are located in another building. Fire evacuation and procedures are not posted in the units. Fires occur on a regular basis and children often remain in their rooms until completely smoke-filled. 27. The living units of Ferris are filthy. Most of the cleaning chores are left to the youngsters who are not only untrained in hygienic methods, but are also denied adequate materials and equipment with which to clean. Isolation cells are grossly dirty and reeking of urine. Mowlds Cottage is crowded and dirty. Body lice are a common problem. Mattresses are torn, vents are clogged, clothes are strewn on the floor, shower rooms are moldy, and dust and debris are apparent throughout the living units.

10 28. Defendants have failed to implement even minimal maintenance and repair procedures. The entire institution is in a state of disrepair, including broken lights, windows, screens, plumbing and washing machines and dryers. 29. Pest control is handled through a contract with an outside company which treats the entire facility every other week. The need for such frequent pest control indicates substandard housekeeping. Further, staff do not know whether the company is licensed or what chemicals are used; the application of chemical pesticides may impose serious health risks to the youth. 30. In the near past, with no assurance that it will not recur, children were often required to sleep three to a room designed for one. The rooms measure approximately 55 to 70 square feet. Currently, many rooms are double-occupied. Children often sleep on thin mattresses on the floor. Even in the isolation rooms, three or four children have been held in one room and some have had to sleep on the floor. 31. Defendants have failed to provide appropriate, clean clothing to children. In the near past, with no assurance that the practice will not recur, children in Max wore shapeless, ragged sweat suits 24 hours per day, in a style reminiscent of World War II POW camps. The children in the various units were required to wear suits of a particular color, labelling them as members of that group and denying any sense of individuality. Defendants have failed to provide adequate, clean underwear. All underwear is communal, and children are forced to compete for clean underwear

delivered to the unit.

11 If a child fails in grabbing enough

underwear he must then go without. Clothing that is provided is inadequately laundered. Supposedly clean laundry has been observed

lying in heaps on the floors of the living units. 32. Defendants have failed to provide adequate towels,
blankets, sheets or pillowcases. The shortage of towels is so severe that children must often dry off after showers with their sweat suits or sheets. Sheets are not properly laundered. Blankets are torn and tattered. Mattresses are not sanitized between use by different children.

33. Ventilation is extremely poor, and areas of the units are

often uncomfortably hot or stuffy. The vents in the rooms are clogged with dirt and dysfunctional. The bathroom in Mowlds

Cottage has no ventilation at all and has mold growing on the ceiling.

34. The rooms are cold in the winter. Many windows are broken and heating vents are blocked. The youth need extra

blankets to stay warm but there are not enough to go around so they sleep in their clothes and shoes.

35. Lighting is inadequate throughout to conduct close work such as reading or writing.
36. Defendants have failed to provide any modicum of personal privacy to youth. Days are spent in close communal contact, with no regard for the basic necessity of personal dignity.

37. In the near past, with no assurance it will not recur, youth complained that they did not receive sufficient food, and

12 often went to bed hungry. It was common that food was denied as punishment. Some youth are visibly underweight and appear to be ill-nourished. Many children stated that they had lost significant amounts of weight during their incarceration.
C• Physical and Verbal Abuse 38. Children at Ferris have been held for long periods of time in isolation cells, sometimes as punishment, sometimes simply for administrative convenience. Children have been held in isolation rooms for periods of two weeks, with only brief periods of time outside the cells. One youth currently in isolation has been there for three months. Since the original complaint was filed, the defendants have adopted new guidelines on the use of isolation. In spite of these guidelines, staff continue to resort to the use of isolation as punishment for the most minor infractions. Less dangerous interventions are rarely attempted prior to the use of isolation. Sometimes three or four boys have been held in one "quiet room". Water in toilets and sinks are controlled by staff, and have been turned off while children were held in these rooms. 39. Another popular punishment is the use of "early bed", a form of isolation, as a response to misbehavior. Staff often engage in mass punishment, in which an entire unit of children has been locked down in their cells, some as early as 5:00 p.m. in the afternoon. Shoes and pants are taken away from the children when they are locked in their rooms. Food has often been denied to children locked in their rooms.

13 40. Staff aggressively verbally abuse these children. Profanity is rampant, but children are not allowed to respond to these barrages by staff. Children are often cruelly teased, intimidated, baited and berated by certain staff. 41. Children have been physically assaulted and roughed up by staff. Children are sometimes encouraged to fight with each other. Physical mistreatment has occurred under the guise of moving a child into isolation. 42. At the time of the original complaint, mechanical restraints, particularly handcuffs and leather straps, and mace were improperly used. Children were handcuffed and strapped to bunks and staff threatened to use mace against youth. Currently, despite guidelines that were developed since the initiation of this lawsuit, staff continue to use restraints on children inside the facility and leave them in shackles in their rooms. D. Medical, Dental and Psychiatric Care 43. Defendants fail to provide adequate medical, dental and psychiatric care to the youth at Ferris and the New Castle County Detention Center. 44. The initial screening for acute health needs on admission to the institution is ineffective. Screening is performed by youth care staff rather than health professional staff. The youth care staff receive no specific training regarding health screening, there are no written protocols or guidelines for them to follow, and no regular review or supervision of the performance or results of initial screening.

14 45. The admission health evaluations are incomplete. Tuberculosis testing is ineffective as the skin test results have not been read or recorded in the medical records. In addition, the less effective multiple puncture method (Tine R) is used rather than the intradermal Mantoux test recommended for control of tuberculosis in correctional institutions. Tests for sexuallytransmitted diseases known to be epidemic among youth are not performed routinely for all youth. Screening for hearing deficits is ineffective as there are no consistent standards applied interpretation of the hearing screening test. 46. There is no effective system for assuring follow-up of medical problems which are identified, resulting in incomplete evaluation and treatment. 47. Health service staff fail to administer medications around the clock when such dosage schedule is clinically indicated, resulting in adequate or incomplete treatment of infections. 48. Continuity of care for youth with ongoing or chronic health problems is inadequate. Medical summaries are not used when youth are transferred or released. When youth return to the institutions from the mental hospital no discharge summary is received. Records of past care are not routinely obtained. Specialty consultants do not regularly provide written notes describing their evaluation and recommendations. 49. Adequate specialty consultation services are not provided for youth who clearly would benefit from evaluation and treatment

15 of acute and chronic health problems. The lack of referrals for youth with serious orthopedic conditions is particularly egregious.
50. There is no organized quality assurance program to monitor, analyze and improve health services.
51. Defendants employ inappropriate and harmful practices. Although nursing staff assess all youth who request health services and decide which youth may see the physician, there is no routine review or evaluation by the physicians of this vital component of the health services. There is no infirmary capacity for close observation of ill or injured youth who do not require hospitalization by health staff. Youth care staff in the housing units are not able to provide adequate supervision of such youth in the housing units. Frequent turnover among nurses hired from a registry results in inadequate staff development for proper care of chronically ill youth or health education for youth by health staff. The health needs of youth are not included in their individual rehabilitation programs.
52. Medical records are incomplete, lacking problems lists, written plans for management of each identified problem and parental consent for treatment. Records are also poorly organized due to lack of health evaluations in the medical records. Medical staff cannot assure needed follow-up or participate in an organized treatment plan for disturbed youth.
53. Various practices of the defendants prevent youth from receiving necessary medical care. Youth have complained that medical treatment is denied them because staff are unavailable to

16 take them to the doctor. Youth care staff rather than health professional staff decide who will receive medical evaluation after an incident or injury. Children have been placed in isolation for fighting and denied medical treatment for injuries they have sustained. Children complain that they are routinely refused medical attention for sports injuries or injuries sustained in fights. Youth who are locked down in disciplinary segregation have been denied access to routine health services. There is no routine daily evaluation of segregated youth by health staff. The criminal charges are routinely recorded in the medical record. Security issues may influence the physician's decision to refer an individual for specialty evaluation.
54. The defendants' use of unnecessary and dangerous force against youth causes incalculable harm to their health. Defendants also fail to adequately supervise youth to prevent assaults against them by others. These practices breach the defendants' constitutional duty to care for the health of the youth and to prevent harm to them.
55. Dental services are inadequate for the needs of the population. The dentist's schedule of eight hours per week is not sufficient to provide the urgent care, initial evaluations, restorative and preventive care needed by the youth. Dental records are deficient, lacking documentation of complete oral' and dental exams, written plans of treatment and failing to clearly distinguish old dental work from new. There is no effective system for assuring follow-up of dental problems which are identified,

17 resulting in incomplete treatment of significant dental problems. The full range of restorative procedures are not offered to youth, resulting in unnecessary extractions.
56. Psychiatric services for youth are inadequate. Children experience unreasonable delays when they request to see the psychiatrist. Psychotropic medications are used for unproven purposes with an appropriate diagnosis and without a comprehensive treatment plan. Specific consent for use of psychotropic medication is not obtained from the parent or guardian prior to initiating treatment with psychotropic medications. Adjustments to the dose of potentially harmful medications are made without adequate laboratory or clinical monitoring. Lithium is used to treat a significant number of youth for a wide variety of diagnoses or conditions. This is a significant deviation from usual practices in juvenile facilities in the United States.
57. All of these deficiencies in health services constitute deliberate indifference the medical, dental and psychiatric needs of the plaintiffs and result in harm to them.
D. Mental Health Care. Programming and Treatment 58. Defendants do not meet the mental health needs of children at Ferris and the New Castle County Detention Center. Children are basically warehoused at the Ferris School and New Castle County Detention Center. 59. Youth are not provided with assessments of their individual strengths or needs. The records consist of general problem statements. Where a psychological evaluation has been

18 done, the findings have not been incorporated into an overall assessment. Likewise, service plans are not individualized, but rather a general checklist of similar services for everyone. The defendants also do not reassess the service plans even though it is documented that many youth are not improving. Most youth are unable to state their treatment goals and do not view the institutions as treatment programs. There is no connection between treatment at the institutions and post-discharge services.
60. Basic counseling services at Ferris are inadequate because of understaffing. The two psychologists are unable to cover all the counseling needs of the youth. Further, the impact that the counseling services can have is undermined because unit staff are not treatment oriented. There is no mental health program for youth at the New Castle County Detention Center.
61. Many children are in dire need of drug and alcohol services, sex offender counseling, and programs on managing violence and anger. Often these needs have contributed to their incarceration. The few programs defendants have provided fail to adequately meet these needs.
62. There is no organized suicide prevention program. There have been a number of suicide attempts at the two institutions which have been mishandled. Children who have threatened or attempted suicide are not provided adequate psycholo.gical treatment. They are often placed in isolation cells. Youth care staff are not given adequate suicide prevention training.

19 63. The quiet rooms are not visited daily by health care staff, increasing the risk of suicide or of beatings of youth by staff. The unsupervised, unregulated use of room confinement in the housing units also increases the risk of suicides. 64. Youth at Ferris and the New Castle County Detention Center spend many hours in idleness. School is over by 3 p.m. after which there is no regularly scheduled program for the children. Indoor recreation programs are limited to basketball and wrestling. Many do not participate in these sports. Indoor recreation for youth in the Detention Center is often delayed because of scheduling conflicts with Ferris. At the time of the original complaint, Ferris boys with "mandatory" sentences were not allowed to go outside. Currently, most youth complain of having gone for months without a single venture outside the building. There are no music, art, crafts, hobbies or other productive recreational programs. Children spend most of their days jammed into the day rooms watching television. 65. Many children are inappropriately placed at the Ferris School—many are too young, too small, are minor offenders or are psychologically ill-equipped to be housed in a maximum security prison. No effort is made to appropriately treat these children. 66. Children at the New Castle County Detention Center are often held for many months with little or no programming or activities while awaiting resolution of their cases. Adjudicated girls at the Detention Center do not receive appropriate treatment, but are instead managed in the same- manner as detained children.

20 67. The defendants have not implemented a program for youth committed for seven days. These youth are sent to Ferris and warehoused in the intake unit for seven days, receiving no specialized programming at all. 68. The hostile and punitive environment at the two institutions undermines treatment. Youth are constantly treated with a lack of respect and anger, and they respond in turn with disrespect and anger. Most staff do not believe youth will change their delinquent behavior. This pervasive attitude undermines treatment and ignores the reality that most youth will return home. E. Classification, Due Process. Grievance System 69. The classification system at Ferris does not work. Children are classified according to offense category often without regard for separation of the weak from the strong or the age of the youth. The classification system serves to undermine the youths' self-esteem and dignity. 70. Despite the adoption of a disciplinary policy since the filing of the original complaint, children are denied due process protections in disciplinary actions. Youth care workers ignore the policies and arbitrarily impose sanctions, usually room confinement, at will. Groups of children are punished for an individual's infraction. Most room confinements are not recorded in the logs. When provided at all, disciplinary hearings are not held in a timely manner. 71. The defendants' practice of ignoring the disciplinary policy is exacerbated by their failure to implement a grievance

21 system that they claim to have adopted since the filing of the original complaint.
F. Education 72. For most delinquent children, success in school and vocational programs is an essential part of rehabilitation. A school program needs to be designed to meet the widely varying academic and vocational training needs of youth and should be an integrated part of a total treatment program. Yet defendants fail to provide children with adequate education services. Children do not receive educational opportunities equivalent to those available in the community and adequate to meet their special needs. 73. Defendants confine a substantial number of children who are eligible for and require special education services. Defendants fail to identify, assess or evaluate children adequately to determine whether they have special educational needs. Even when children are identified as needing special education, the defendants fail to develop appropriate.individualized education programs (IEP's). IEP's developed for children prior to coming to the two institutions are not followed. The defendants also fail to ensure parental involvement or the appointment of surrogate parents for these children. 74. The special education services defendants provide eligible children do not comply with federal law. The educational program is essentially the same for everyone without regard to special needs or skill levels. Defendants fail to employ sufficient numbers of adequately trained, certified special

22 education teachers to provide special education services to children who need them. The curriculum, teaching materials and educational equipment are inadequate. Teachers frequently resort to copying pages out of the workbooks to supply their students because there are not enough to go around.
75. Defendants fail to provide adequate related services, including speech therapy, physical therapy and psychological therapy to handicapped children who need such services to benefit from their education. Many special education children are identified as needing counseling in their IEP's but receive only "guidance" counseling, rather than the required ongoing and regularly scheduled therapy.
76. Youth miss school regularly due to disturbances on the units. Even when a disturbance involves only a small number of youth, the entire unit, and on some occasions the entire facility, is locked down and school is cancelled. Children are also put on lock-down for refusing to go to school, an irrational and selfdefeating punishment. Children on lock-down are rarely provided school materials or homework; the materials and homework that are provided can be completed in a few minutes. No one takes responsibility for instructing the youth on lock-down or collecting their work. Often there is no documentation of children who miss school because of lock-downs. The school principal must visit the units to find out why students are not in school.

23 G. Communication 77. Children at Ferris and the New Castle County Detention Center are denied the ability to maintain contact with their family and friends. Visiting is severely limited. Access to the telephone is managed by youth care workers on a random and arbitrary basis and calls are often cancelled for administrative reasons. No provision is made to assure the right to counsel and the courts. A child incarcerated at Ferris or the New Castle County Detention Center is effectively cut off from the outside world.
NO ADEQUATE REMEDY AT LAW 78. As a proximate result of the defendants' policies, practices, acts, and omissions complained of and the conditions and circumstances described above to which plaintiffs are subjected, plaintiffs have suffered, do suffer, and will continue to suffer immediate and irreparable injury. Plaintiffs have no plain, adequate, or complete remedy at law to redress the wrongs described. Plaintiffs will continue to be irreparably injured by the policies, practices, acts, and omissions of the defendants unless this Court grants the injunctive relief which plaintiffs seek.
CLAIMS 79. For plaintiffs' claims enumerated below, they repeat and reallege paragraphs 1 through 78 above, as if fully set forth herein, in each and every statement of claim, and further allege the claims set forth in paragraphs 80 through 83 below.

24 FIRST CLAIM 80. Defendants' policies, practices, acts, and omissions violate plaintiffs' right to due process of law guaranteed by the Fourteenth Amendment to the United States Constitution. SECOND CLAIM 81. Defendants' policies, practices, acts, and omissions complained of herein deprive plaintiffs of the right to treatment in the least restrictive setting and under the least restrictive conditions guaranteed by the Fourteenth Amendment to the United States Constitution. THIRD CLAIM 82. Defendants1 policies/ practices, acts, and omissions complained of herein deprive plaintiffs of the right to access to the courts and to their families, guaranteed by the First Amendment to the United States Constitution. FOURTH CLAIM 83. Defendants' policies, practices, acts, and omissions complained of, and in particular, defendants' failure to provide handicapped and disabled students with a free and appropriate public education, deprive plaintiffs of rights guaranteed them by the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§1401 et seq. and by §504 of the Rehabilitation Act, 29 U.S.C. §794.
PRAYER FOR RELIEF
WHEREFORE, plaintiffs pray that this Court: A. Assume jurisdiction of this action;

25 B. Issue an order allowing this action to proceed as a class action pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure; C. Issue a declaratory judgment pursuant to 2 8 U.S.C. §§ 2201 and 2202, and Fed.R.Civ.P. , Rule 57, that the policies, practices, acts, and omissions complained of:
(1) subject plaintiffs to denial of the due process of law guaranteed by the Fourteenth Amendment to the United States Constitution;
(2) violate plaintiffs' rights to receive treatment in the least restrictive setting and under the least restrictive conditions guaranteed by the Fourteenth Amendment to the United States Constitution; and
(3) deprive plaintiffs of the right to a free, appropriate public education under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§1401 and §504 of the Rehabilitation Act, 29 U.S.C. §§ 794 et seq.
D. Issue preliminary and permanent injunctions sufficient to rectify the unconstitutional acts and omissions and statutory violations alleged in this Complaint as follows:
(1) Enjoining defendants, their agents, employees, successors in office, and assigns, from engaging in the unconstitutional and unlawful practices, acts, and omissions described herein, including, but not limited to:

26 (a) confining children in these institutions under conditions that are overcrowded, unhealthful, unsanitary, and life-endangering; (b) failing to adequately protect children's physical, mental, and emotional health; (c) failing to protect children from physical and verbal abuse while confined at these institutions; (d) failing to protect children from the improper use of mechanical restraints; (e) failing to provide children with adequate medical, dental, and psychiatric care; (f) failing to provide children with adequate education, including special education and related services; (g) failing to provide children with adequate programming, care, and treatment; (h) using isolation as a method of discipline for children; (i) failing to provide children with due process protections prior to imposing discipline; and (j) failing to provide adequate food and clothing. (2) Directing defendants to provide and use appropriate community-based alternatives to incarceration of juveniles; E. Order defendants to develop and implement a comprehensive plan for correction of the unlawful policies,

27

practices, acts, and omissions complained of in this Complaint, and

to submit this plan to the Court and to attorneys for plaintiffs

for review;

F. Order defendants to submit" to the Court and to

plaintiffs for approval all Request for Proposals (RFP's) for any-

private management of the Ferris School and the New Castle County

Detention Center the defendants may seek.

G. Appoint a Special Master to review and ensure

implementation of the plan and any (RFP's) submitted by defendants;

H. Retain jurisdiction over this action until such time

as the Court is satisfied that the unlawful policies, practices,

acts, and omissions complained of no longer exist and will not

recur;

I. Award to plaintiffs and the class reasonable

attorneys' fees and costs in this act, pursuant to 42 U.S.C. §1988,

19 U.S.C. §794a(2)(6), and Pub.L. No. 94-142;

J. Award such other and further relief as this Court

may deem necessary.

ROSENTHAL, MONHAIT & GROSS, P.A.

By:

.^^^g^^-^

First/F^d^fal Plaza

P.O. Bbx^i070

Wilmington, DE 19899

Attorneys for Plaintiffs

OF COUNSEL:

Cooperating Attorneys ACLU of Delaware

ALEXA FREEMAN NATIONAL PRISON PROJECT OF THE ACLUF 1875 Connecticut Ave. N.W., Suite 410 Washington, D.C. 20009

CERTIFICATE OF SERVICE
I, Jeffrey S. Goddess, hereby certify that on January 10, 1992 I caused two copies of the Amended Complaint to be hand delivered to:
Gregg E. Wilson, Esquire Ann Woolfolk, Esquire Deputy Attorneys General Department of Justice 820 N. French Street Wilmington, DE 19801
GODDESS

 
 John A. v. Castle

JI-DE-001-004 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

JOHN A. and MARY B., et al.. )

)

Plaintiffs,

)

v.

)

) MICHAEL N. CASTLE, et al., )

Defendants.

)

C.A. No. 90-200 (RRM)

"'& ^ '^j-• V "''>,. ' J> %?•*,

HEARING ORDER

The parties to this class action litigation having made

a joint application for approval of a settlement as set forth in a

Settlement Agreement which has been filed of record; and

The Court having given preliminary consideration to the

Settlement Agreement,

IT IS HEREBY ORDERED as follows:

1. The proposed settlement as provided for in the

Settlement Agreement is hereby preliminarily approved for the

purpose of directing that notice thereof be sent to the Class in

the manner specified below.

2. A hearing shall be held on

, 1994, at

.m. in Courtroom

, United States Courthouse,

before The Honorable Roderick R. McKelvie, United States District

Judge, for the purpose of determining whether the proposed

settlement is fair, reasonable and adequate as a basis for

compromising the claims of the Class.

3. Notice of the proposed settlement shall be given to the Class in accordance with the terms and procedures set out in the class notice, prepared and presented by counsel, which is annexed hereto. That notice satisfies the requirements of Rule 23 of the Federal Rules of Civil Procedure and constitutes the best practicable notice to the class.
4. The hearing may be adjourned from time to time without notice other than by announcement at the hearing or any adjournment thereof without further notice.

DATED

United States District Judge

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

JOHN A. AND MARY B., et al.,
Plaintiffs, v.
MICHAEL N. CASTLE, et al.,
Defendants.

C.A.No. 90-200 RRM

IMPORTANT NOTICE TO ALL YOUTH AT FERRIS SCHOOL AND NEW CASTLE COUNTY DETENTION CENTER:

On

March 25

, 1994, a proposed settlement

of this lawsuit was filed with the federal court. The proposed

settlement agreement applies to all youth at Ferris School and

all youth at the New Castle County Detention Center. If you are

living at Ferris School or New Castle County Detention Center,

you are part of the group that is affected by this lawsuit. This group will be called Mthe plaintiffs" in the rest of this notice.

The Youth Rehabilitative Services, which is a State agency

responsible for operating Ferris School and New Castle County

Detention Center, will be called "YRS" in the rest of this

notice.

The purpose of this notice is to summarize what the proposed settlement agreement says, and to explain to plaintiffs how they can find out more about it and how they can make any objection they may have to it. The proposed settlement agreement will not be put into effect until the plaintiffs have a chance to read it

4

and to make any objections they may have to it.

SUMMARY OF THE SETTLEMENT AGREEMENT A full copy of the proposed settlement agreement vill be posted in each dormitory and any other living unit at Ferris School and New Castle County Detention Center/ and in the library or recreation rooms at Ferris School and the Detention Center. In the settlement, YRS promises to do certain things, including the following: 1. YRS agrees to follow policies and procedures that are spelled out in the part of the settlement agreement titled "Grievances, Discipline, Control and Room Confinement." 2. YRS agrees to provide plaintiffs with certain kinds of programming, and agrees to give plaintiffs opportunities for recreation, exercise, education, heath care, dental care, mental health care, and to do certain other things to care for plaintiffs, which are spelled out in the parts of the agreement titled
"Programming," "Staffing," Mental Health," "Education," "Life
Safety," "Medical Care," "Dental Care," and "Sanitation and Hygiene." 3. The settlement sets up a system to make sure that YRS does everything they have agreed to. This system is spelled out in the part of the agreement titled "Monitoring." 4. The settlement will be in effect for three years. The judge in the case may extend the agreement beyond three years, if YRS does not do what it has agreed to and plaintiffs demonstrate good cause to the court.

5. The court can order YRS to pay plaintiffs' lawyers for the work they did on this lawsuit.
IF YOU HAVE QUESTIONS ABOUT THE SETTLEMENT Complete copies of the settlement agreement will be posted for you to read, at Ferris School and New Castle County Detention Center. If you have questions about what the agreement means, you may speak in person with Max Bell, your representative in this lawsuit. Max Bell will visit Ferris School and New Castle County Detention Center at least a week before the court hearing on the settlement. He will meet with any plaintiffs who want to speak with him about the settlement. You will be able to meet with him at that time and ask him questions about the settlement.
HOW TO FILE OBJECTIONS Any plaintiff may file objections to the proposed settlement. You can file objections by putting them in writing and giving them to Max Bell, when he makes his visits to Ferris School and New Castle County Detention Center. You will be notified in advance of the time and date of his visit. Max Bell will collect the written objections and give them to the lawyers and the judge in this case. If for any reason you do not want YRS to know about all or any part of your objections, you must say this clearly in your written objections, and your identity will not be revealed to YRS.
The judge in this lawsuit will review all the objections that the

plaintiffs have submitted to Max Bell. The judge will then decide whether the proposed settlement should be put into effect.

Dated:

, 1994

United States District Judge

 
 OCT-04-1994 14=26

0414 0414 041b

. . . . . . . . . . . . ?. "]. ..V.

I N THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

JOHN A . a n d MARY B . , e t a l . , )

V. •

Plaintiffs,

)

J"\ '^_-> . o

)

C.A. N O . 9 0 - 2 0 0 (RRM£•"••:• ^ ' ^

)

\!-r. ^

\

MICHAEL N. CASTLE, et al. , )

%:k ^

Defendants. )

'•%-., , T?

SETTLEMENT AGREEMENT

The parties, having negotiated and reached agreement for the

settlement of this class action, do hereby submit this Settlement

Agreement to the Court for its review and approval, in full

settlement of all claims and without admission of fault, binding "

upon the parties and their successors according to the terms set

forth therein, unless further modified by the Court. This

Settlement Agreement is intended by the parties to be enforceable

by the Court to the same extent as a court order.

GRIEVANCES/ DISCIPLINE, CONTROL AND ROOM CONFINEMENT

1- Youth Rehabilitative Services ("YRS") shall comply with

the Grievance Policy and Procedures set forth in Attachment I to

this Settlement Agreement for all youth at Ferris School

("Ferris")..and the New Castle County Detention Center ("NCCDC").

Ferris is defined to include any successor facility-secure

facility in Delaware for adjudicated youth, and Mowlds Cottage.

NCCDC is defined to include any successor facility-secure

facility in Delaware for detained youth, but excluding Stevenson

House and its successors.

OCT-04-1994 14:27

0414 0414 0416

P. 03

2. YRS shall comply with the Discipline Policy set forth in Attachment I to this Settlement Agreement, for all youth at Ferris and NCCDC.
3. YRS shall comply with the Policy on Control and Room Confinement, set forth in Attachment I to this Settlement Agreement, for all youth at Ferris and NCCDC. Unit isolation, or lock-down of an entire unit, shall not be permitted, except in accordance with the "Group Restriction" provisions of Attachment I, Policy on Control and Room Confinement.
4. The Department of Services for Children, Youth and Their Families ("DSCYF" or "the Department") shall not use chemical restraints in any form, including, but not limited to, tear gas, Mace, pepper gas, etc., on youth at Ferris and NCCDC.
5 . Youth at Ferris and NCCDC who need to be separated from the general population for medical reasons shall be supervised by medical staff as medically indicated. These youth shall not be locked in their rooms, other than in the manner and circumstances applicable to the general population.
PROGRAMMING Within 90 days of Court approval of this agreement, Ferris and NCCDC shall complete a review of their service plan processes . A. Youth at NCCDC 1- All youth detained at NCCDC shall be screened on admission, and within the limits of its discretion and authority DYRS will promote the placement of non-violent and non-serious

0CT-U4-1994 14=2?

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alleged delinquents to less restrictive alternatives. For all youth who remain detained following their Family Court Bail Hearing, YRS shall identify placements for non-violent and nonserious alleged delinquents in less restrictive alternatives. YRS will "pursue approval for placements through the Family Court Bail Review process. YRS shall prepare and maintain a written case plan for each youth who remains detained after the Family Court Bail Hearing. The plan shall include, but not be limited to, a description of the youth's problems, the immediate needs for care, and the care to be provided for the identified needs, and any other services to be provided beyond the regular detention program services. All plans shall include preparation for the youth's release from detention. For a youth whose plan requires placement outside the home, the plan shall be designed to achieve placement in the least .restrictive setting available, consistent with the best interest and special needs of the youth and the requirements of public safety.
2. YRS shall appropriately address the health, educational and immediate emotional needs of each youth at NCCDC. NCCDC shall post a schedule of daily activities, including education and recreation, to which the staff adheres.
3 . Youth at NCCDC shall be offered the opportunity for at least one hour per day of physical exercise involving large muscle groups, to be taken outside if weather permits. B. Youth, at Ferris
1. YRS shall utilize a classification system based upon

OCT-04-1994 14=2?

0414 0414 0416

the severity and chronicity of offenses. within the limit of the Division's discretion and authority, and consistent with the requirements of court orders, the classification system shall guide the placement of youth classified as non-chronic and lesssevere in the least restrictive and most appropriate alternative community programs. This section does not apply to youth committed by Family Court for a period of less than thirty days.
2. YRS shall develop for each youth at Ferris for more than 3 0 days a comprehensive, individualized service plan, based on an assessment of the youth's strengths and needs, and oriented towards the youth's lawful re-entry into the community. YRS shall make its best efforts to provide services that reflect the youth's strengths and needs. An initial classification shall be completed within two weeks of admission to intake status, and a comprehensive plan shall be developed* within 30 days of the youth's unit assignment.
3. YRS shall make available a comprehensive range of services designed to address the youth's health, educational and emotional needs, including a comprehensive education program; group and individual counseling; a program for drug and alcohol abuse rehabilitation; special offenders' programs,- access to telephone; a schedule for visiting; and a daily posted schedule for education, counseling and recreation to which the staff adheres.
4. Youth at Ferris shall be offered the opportunity for at least one hour per day of physical exercise involving large

UCT-04-1994 14=28

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muscle groups, to be taken outside if weather permits. 5. The comprehensive individualized service plan shall
include an itemization of the youth's strengths and specific educational, vocational, medical, mental health and emotional needs, and shall be based on interviews, school and familyassessments, and where appropriate special evaluations. If the intake assessment on the intake unit indicates that the youth has a substance abuse problem, there shall be a special evaluation and the individual needs assessment sha.ll consider the extent of substance abuse that might have impaired the youth or the family's functioning.
6. After being itemized, each youth's strengths and needs will be matched to services, e.g. individual and group counseling, and/or specialized psychological and psychiatric services, designed to meet that youth's particular needs. Individualized service plans will be re-assessed every 30 days, and services will be added or changed as indicated- Such changes or additions shall be reviewed with the youth. A parent, guardian, or custodian of the youth shall be apprised of any such changes or additions.
7. Prior to the release from Ferris of each youth who has been at Ferris for more than 3 0 days, a specific plan for reentry to the community shall be developed as a component of the service plan for the youth. In no event, however, shall a youth's release be delayed for this purpose. The re-entry plan shall concretely identify post-release services designed to

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continue treatment and support for the youth's re-entry to the family and neighborhood and maintenance of non-delinquent behavior, including appropriate available educational, vocational and mental health services.
8. "~ For youth adjudicated in adult court who will serve time at Ferris until their eighteenth birthday, a special program shall be developed that recognizes the longer-term nature of their commitment and the specific service needs of this population, and that prepares youth for transition into the adult priac^a system. This special program shall be developed by July 1, 1995.
STAFFING 1. YRS shall undertake an overall review of staffing needs annually. YRS shall request staff positions to meet identified staffing needs through the annual budget process. 2. Staffing ratios for the first two shifts shall be at least one direct youth supervisor (that is, including youth rehabilitative counselors, their immediate supervisors, and teachers but not including clinical staff or administrators) to each eight youths. On the third (overnight) shift, the ratio shall be at least one direct youth supervisor to every twelve youths, with back-up or floating staff available throughout the shift. 3. A roster of approved, casual/seasonal employees shall be maintained for assignment to short-term, full-time and parttime duties of permanent staff when necessary to maintain essen-

OCT-04-1994 14=29

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P.08

tial coverage. 4. Criminal record checks shall be completed on all new
employees prior to their employment at the facilities. 5. All new employees shall be initially hired for a
probationary period of at least six months and their performance shall be evaluated and documented as having demonstrated competency prior to their appointment to an established position.
6. Written performance reviews shall be completed annually for all employees and all content of the review shall be in accordance with the quality assurance guidelines established by the State for the performance review process.
MENTAL HEALTH 1. All youth shall be screened for potential suicide risks. A written suicide prevention and intervention policy shall be maintained, which includes specific procedures for identification and supervision of suicide-prone youth. All staff with responsibility for juvenile supervision shall be trained in the implementation of the policy. 2. A full-time doctorate-level psychologist position shall be maintained at Ferris School to provide direct services for youth who have mental health problems, and to advise other staff in their contacts with these youth. Two additional doctoratelevel psychologists, licensed by the State of Delaware, and one licensed psychiatrist, shall be maintained on a part-time consultant basis to provide direct mental health services for youth. 3 - At a minimum, the mental health staff will be available

OCT-04-1994 14=29

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P.0g

to: a. Train staff who do initial assessments of youth
and be available to help assess problematic cases; b. Participate in the development of the treatment
plan of each youth who, in the professional judgment of the mental health staff, requires mental health services, and consult with staff about necessary revisions in the individual service plans of these youth, where appropriate;
c. Be available to provide direct mental health services to youth who need ongoing mental health services as specified in the youth's individual treatment plan;
d. Be available to youth who are in crisis (e.g., placed in room confinement because of lack of control), and be available to staff to consult about the management and treatment, if indicated, for problematic cases, including youth who present chronic discipline problems ,-
EDUCATION 1. DSCYF shall make available to all youth in Ferris and NCCDC five hours of school per day, two hundred fifteen days per year, in accordance with DPI approved school calendar for stateoperated programs. DSCYF shall make available special education, pre-vocational or vocational education, remedial education and GED preparation to meet the varied individual educational needs of the youth in programs. 2. The attainment of skills that can be applied directly to post-release employment would benefit many youth. Whatever

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P. 10

vocational training is offered will be based on a periodic and realistic re-assessment of the job market. DSCYF shall provide vocational assessment to youth with disabilities and shall develop such youths' individualized education plans based on the results of the vocational assessments. DSCYF shall offer prevocational or vocational education to youth with disabilities as provided by the youths' IEPs.
3. Upon admission to NCCDC or Ferris, DSCYF shall make good faith efforts to obtain each youth's prior school records within 15 days of admission or commitment.
4. DSCYF shall develop curriculum referenced educational assessments for all youth suspected of being disabled. Special education shall comply with federal law; special education services shall be designed to meet the diverse needs of youth identified as learning disabled, mentally retarded or seriously emotionally disturbed. Related services (e.g. speech therapy, occupational therapy, psychological counseling, etc.) shall be available to meet the special education needs of specific youth. All special education youth shall have individual educational plans ("IEPs") with assessments and goals reflected in the youth's overall service plan. DSCYF shall ensure that IEP meetings are held and that parents or guardians of youth are invited; that IEPs are tailored to individual needs of each student; and that IEPs are reviewed and revised as needed, at least annually. Special education students should be integrated into classes with other students.

OCT-04-1994 14=30

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5. DSCYF shall make a good faith effort to ensure that NCCDC and Ferris become fully accredited by Middle States Association of Colleges and Schools within 2 years of the Court's approval of the Settlement Agreement.
6. ' DSCYF shall perform the following additional tasks: a. Provide on-going training to administrative and
child care staff that is aimed at improved coordination and cooperation between educational services and the other components of the program.
b. Develop a system of monitoring the location of all students, especially those who are not attending school. Shall not exclude youth from school because of minor behavior problems as defined by the discipline policy.
c. Provide that all youth with disabilities excluded from school because of health or major behavioral problems receive ongoing and appropriate educational services.
d. Provide that the educational program is appropriately staffed. In the classroom, teacher's aides should provide instructional support, not clerical services. At Ferris and NCCDC, maintain one full-time school psychologist to provide counseling-.-
e. Provide youth with educational transition services to the extent required by federal law.
f. Provide youth who are unable to attend school during convalescence from illness or injury with homework or homebound instruction depending on the youth's medical condition.
10

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P.12

LIFE SAFETY YRS agrees to adhere to the following American Correctional Association standards for juvenile training schools (3rd Edition January 1991) with regard to Ferris and NCCDC. 1. Each facility shall have written policies, procedures and practices for fire prevention. These policies, procedures and practices shall conform to the State of Delaware Fire Prevention regulations and shall incorporate reasonable measures for the prevention and prompt control of fire. These written policies, procedures and practices shall be reviewed annually and updated as needed- They shall include but not be limited to the following:
a. a system of fire inspection and testing of equipment at least quarterly, or at intervals approved by the State Fire Marshal's Office, following the procedures stated for variances, exceptions or equivalencies
b. annual inspection by the State Fire Marshal's Office or other qualified person[s]
c. availability of fire protection equipment at appropriate locations throughout the facility (3-JTS-3B-01)
2. There shall be a comprehensive and thorough monthly inspection of each facility by a person who has completed a course of inspection approved by the State Fire Marshal. There shall be a weekly fire and safety inspection of the facility by a person who has been trained in methods of inspection and documentation by the State Fire Marshal. The monthly and weekly
11

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p. 13

inspections shall be in conformity with the written policies, procedures and practices for each facility. (3-JTS-3B-02).
3. YRS shall make a careful fire safety evaluation before purchasing any facility furnishings, such as draperies, curtains, furniture", mattresses and bedding, wastebaskets, decorations, cushions or other items of foamed plastics or rubber (such as polyurethane or polystyrene) ; and should purchase only furnishings whose specifications meet the standards in the Life Safety Code of the National Fire Protection Association as incorporated in the State of Delaware Fire Prevention Regulations. All polyurethane should be removed from living areas unless the State Fire Marshal's Office approves its use in writing. The State Fire Marshal's Office should consider the flammability and toxicity characteristics of the products being evaluated. (3JTS-3B-03).
4 . Each facility shall be equipped with noncombustible receptacles for combustible refuse, at accessible locations throughout the living quarters in the facility. Special receptacles shall be provided for flammable liquids and for rags used with flammable liquids. All receptacles and containers shall be emptied and cleaned daily. Tobacco smoking is prohibited within the facilities. (3-JTS-3B-04).
5. The control and use of all flammable, toxic and caustic materials shall be governed by written policy, procedure and practice. For purposes of this agreement, flammable material means liquids with a flash point below 100 degrees Fahrenheit;
12

TOTflL P.13

UCT-04-1994 14:32

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P. 01

toxic material means substances that can produce possible harm to the body by entering through the skin, digestive tract or respiratory tract (e.g., zinc, chromed paint, ammonia, antifreeze, herbicides, pesticides) ,- caustic material means substances that can destroy or eat away by chemical reaction, (e.g. lye, caustic soda, sulfuric acid). (3-JTS-3B-05).
6. Each facility shall have access to an alternate power source to maintain essential services in an emergency, and these alternative power sources shall be maintained in accordance with written policy, practices and procedure. (3 -JTS-3B-06) .
7. There shall be written policy, procedure and practice that provide for telephone and radio communications systems within the facility and between the facility and the Police and Fire Departments in the event of urgent, special or unusual incidents or emergency situations.- (3-JTS-3B-07).
8. There shall be a written plan for preventive maintenance, i.e. regular inspection and repair, of the physical plant, which includes provisions for emergency repairs or replacement in life-threatening situations. (3-JTS-3B-08) .
9. Power generators shall be tested at least every two weeks, and-other emergency equipment and systems shall be tested at least quarterly for effectiveness, and shall be repaired or replaced if necessary. {3-JTS-3B-09) .
10. Ventilation shall be available in the living units in the event of a power failure. (3-JTS-3B-10).
11. For each of the facilities, YRS shall have a written
13

OCT-04-1994 14=32

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P.02

evacuation plan prepared for the event of fire or major emergency that is certified by the State Fire Marshal's Office. The plan shall be reviewed annually, updated if necessary, and issued to the local fire jurisdiction. The plan shall include the following":
a. floor plan for the building and rooms b. use of exit signs and directional arrows for traffic flow c- location of publicly posted plans d. monthly drills in all occupied areas of the facility, in which all juveniles are evacuated e. staff drills when evacuation of dangerous residents may not be included (3-JTS-3B-11) 12. All staff at both facilities shall be trained in the implementation of written emergency plans. A contingency plan for maintaining essential services during work stoppages, riot or other disturbances shall be communicated only to appropriate supervisory staff or other personnel directly involved in implementation of the plans. (3-JTS-3B-12) . 13. YRS shall maintain for each facility written policy, procedure,-and practice which specify the means for immediate release of juveniles from locked areas in case of emergency, and provide for a backup system. (3-JTS-3B-13) . 14. The facilities shall have written plans that specify policies and procedures to be followed in situations that threaten facility security. These plans shall be available to
14

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all applicable staff and shall be reviewed at least annually and updated as necessary. (3-JTS-3B-14) -
15. Each facility shall have written policies and procedures regarding escapes, and these policies and procedures shall be reviewed at least annually and updated if necessary. (3-JTS3B-15) .
MEDICAL CARE YRS agrees to the following: 1. Immediately upon the admission of each youth to Ferris or NCCDC, staff shall perform an initial medical and dental screening for health needs. YRS shall maintain written protocols and guidelines for intake staff to follow, train intake staff to perform screenings; and periodically review the quality and completeness of the screenings. : 2. Upon the admission of each youth who has not been admitted within the previous 90 days, health staff shall perform an age-appropriate health appraisal and physical examination. The health appraisal and physical examination shall be guided by written protocols. For each youth who is readmitted within 90 days of such a health appraisal and physical examination, health staff will-review his past medical records, take an interim medical history, and make a nursing evaluation regarding any new trauma, illnesses, or sexually transmitted diseases requiring care. 3. Medical charts shall include a medical care "flow sheet." Staff shall maintain a record of youth with chronic
15

OCT-04-1994 14:33

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P.04

illnesses, which shall be kept separate from the patient's chart, to help ensure that problems are not lost to follow-up. Procedures shall be devised and followed for obtaining records of youth's past medical treatment. Specialty consultants shall provide written notes describing their evaluations and recommendations. A medical summary shall be prepared for a youth with chronic or ongoing problems when the youth is transferred or released. Such medical summary shall be made available to the facility to which the youth is transferred, or to the youth's parent/guardian/custodian upon his/her release, except as restricted by law.
4. A physician shall at regular intervals review the performance of nursing staff with regard to sick call, and evaluate nursing staff's screening of requests by youth for health services and physician consultations.
5. At Ferris, an infirmary area, separate and distinct from living quarters, shall be provided for close observation of ill or injured youth whose condition is not so serious as to require hospitalization. The infirmary area shall be available during school hours. During other times, and at NCCDC, written policy and procedure shall provide for medically indicated supervision outside of the infirmary.
6. Health care staff shall be trained for proper care of chronically ill youth.
7. Health needs shall be included in the individual youth service plans, where relevant.
16

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P. 05

8 . No youth shall be denied access to routine health services because he/she has been locked down in disciplinary segregation. Health care staff shall not omit segregation areas from their regular medical rounds. Youth shall not be refused or denied appropriate medical treatment for injuries they have sustained in sports or fights. Youth shall not be denied access to daily sick call. The decision as to whether a youth will receive medical attention for an injury other than a minor injury shall be made by professional healch staff, rather than youth rehabilitative staff. A means of transportation shall be at all times available to transport ill or injured youth to the doctor for medical treatment. Criminal charges contained in medical records shall not be disclosed outside of Ferris or NCCDC.
9. Health care staff shall be available on the premises or on call aa needed to provide medically indicated nursing care 24 hours a day, 7 days a week. YRS shall have a written policy to provide for medically indicated nursing care at Ferris and N C C D C .
10. YRS shall maintain a quality assurance program. The program shall include regular review of the following areas:
a. Assessment and follow-up of chronic illnesses. b. Utilization of consultant physicians and their reports, and timeliness of medical consultations. c. Evaluation of entrance procedures, including immunizations, Mantoux Intradermal P.P.D. skin tests, and laboratory tests. d. Follow-up emergency visits and hospitalizations at
17

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P. 06

other facilities. e. Staff knowledge of, and adherence to, standing
orders, policies and procedures. 11- YRS shall provide medically-indicated consultations on
a timely "basis. 12. Medical charts shall contain problem lists, a plan for
each problem identified, records of immunizations, and consents for treatment as required by law. All health care professionals shall document their evaluations and recommendations for care.
13. An adolescent medicine physician shall be available by telephone 24 hours a day, 7 days a week, for medically necessary consultations.
14. Psychotropic medications shall not be used except in accordance with an. appropriate diagnosis and with a comprehensive treatment plan, and only under monitoring by a physician.. Psychotropic medications shall in no event be used without specific prior consent from the parent or guardian, or a court order-
15. YRS shall offer the Mantoux Intradermal P.P.D. skin tests at Ferris and NCCDC. If a youth refuses to submit to the test, health care staff shall attempt to educate the youth on the importance of the test. If the youth continues to refuse, YRS shall offer the Tine test. If a youth refuses the Tine test, YRS shall offer a chest x-ray.
16. YRS shall make a good faith effort to achieve certification or accreditation of its medical program by the American
18

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P. 07

Correctional Association. DENTAL CARE
1. While a youth is in Ferris or NCCDC, YRS shall provide the youth with dental care under the direction and supervision of dentists "licensed in the State. YRS shall retain dental professionals for a sufficient number of hours per week to make available the following dental services:
a. Full dental examination by a licensed dentist within 14 days of admission, with the results of the examination recorded in a uniform dental record system, with a written treatment plan. YRS will promulgate appropriate guidelines for the treatment of identified dental problems.
b. Preventive dental care on a regular basis, including cleaning, scaling, polishing, fluoride treatment, and instructions to the patients on oral ^hygiene, by a dentist or a dental assistant trained and supervised by a dentist.
c. Dental treatment as needed by a licensed dentist, including the full range of restorative procedures and endodontic care to restore salvageable teeth rather than extract them in accordance with reasonable dental practice and subject to the youth's term of confinement at Ferris or NCCDC. If YRS' on-site dentist determines that dental treatment is presently necessary, the health of the youth would otherwise be adversely affected, and the treatment cannot be performed at the facility, YRS shall promptly provide for treatment of the youth by appropriate specialists in the community.
19

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2. The YRS dentist shall determine necessary dental treatment at or about the time of a youth's release. Notation of guch treatment shall be entered into the youth's medical record and made available in accordance with paragraph 3 MEDICAL CARE.
3. Youth have the right to refuse dental services. At the time of the youth's refusal, the dentist or dental staff shall explain to the youth the possible dental health consequences of his/her decision not to receive the needed dental treatment. The youth's refusal to receive dental treatment shall be documented and forwarded to the youth's case manager for counseling and for contacting the youth's parents/guardian to request their assistance in counseling the youth to receive dental care.
4. Nothing in this agreement shall be construed to require that the Department of Services .for Children, Youth and Their Families or YRS provide medical or dental services to any youth not at Ferris or NCCDC-
SANITATION AND HYGIENE 1. YRS shall comply with the State of Delaware Regulations Governing Public Eating Places, Delaware Regulations Governing Drinking Water Standards, and the Delaware Plumbing Code. (3JTS-4B-02) : This provision of the agreement is limited by the parties' understanding that the defendants have plans to substantially complete a major renovation or complete reconstruction of Ferris within the next three years. While the parties agree that YRS will carry out basic maintenance at the old Ferris facility so long as it is occupied by youth, it is understood
20

OCT-04-1994 14 = 38

8414 0414 0416

that defendants will not be making major capital improvements to the old Ferris facility. However, if it should at any time appear that the defendants will be unable to substantially complete the new Ferris construction project within three years, or that they will still be sleeping youth in the old Ferris structure, excluding Mowlds cottage, then plaintiffs will be free to file or re-file claims regarding environmental issues at Ferris, not withstanding this agreement.
2. YRS shall maintain and implement a written housekeeping plan for Ferris and NCCDC, and in areas where youth are responsible for housekeeping shall supply appropriate cleaning supplies and equipment. (3-JTS-4B-06) .
3 . YRS shall provide the opportunity to have three sets of clean clothing per week, to include underwear, shirts, socks, and pants. YRS shall also provide appropriate outdoor clothing for outdoor recreation. YRS may provide this clean clothing in several ways, including access to self-serve washer facilities, central clothing, or a combination of the two. (3-JTS-4B-10) .
4. YRS shall issue suitable, clean bedding and linen, including two sheets, one pillow and pillow case, one mattress, and sufficient blankets to provide comfort under existing temperature conditions. YRS shall provide for linen exchange at least weekly. (3-JTS-4B-12).
MONITORING 1. Within 60 days of the approval of this agreement by the Court. YRS shall develop an action plan detailing steps that
21

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P.10

need to be taken to achieve substantial compliance with the agreement by the end of this agreement. The action plan shall include tasks to be accomplished, persons responsible, and timeliness for completion of the tasks. A copy of the plan will be furnished to counsel for the parties.
2. The parties have agreed to the appointment of Ned Loughran as Monitor to oversee the implementation of this agreement.
3. The Monitor shall have authority to retain consultants to evaluate the technical areas of medical, dental and psychiatric care and fire and life safety when he reasonably believes such assistance necessary to assess compliance under the terms of this agreement.
4.' YRS shall bear the cost of the Monitor's expenses and fees for the monitoring contemplated herein, but only up to a total amount of $15,000 over the term of this agreement, and a total $9,000 over the term of this agreement for reasonable expenses including the fees and expenses of any consultants the Monitor may retain.
5 - The Monitor may make a visit every nine months to Ferris and-NCCDC to review implementation of this agreement. However, it is understood that defendants will accommodate the fourth monitoring visit at least six weeks prior to the third year anniversary of this agreement, at plaintiffs' option. Following each visit, the Monitor shall jointly debrief counsel for the parties.
22

OCT-04-1994 14 = 40

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6- Upon request by the Monitor, YRS shall grant access to any documents not deemed confidential under federal or state law or not otherwise privileged by the Federal Rules of Evidence that may demonstrate substantial compliance or lack of substantial compliance with the terras of this agreement.
7. During each monitoring visit, YRS shall make available records and reports on the matters described in subparagraphs A through E below to the Monitor. These records shall also be available for review by a Representative of the Delaware Council on Crime and Justice.
a. A report on the number of youth held in NCCDC and Ferris. The number of youth on each unit should be provided.
b. An incident report for each occasion when mechanical restraints are used on a youth, other than in transporting the youth to or from the facility.
c. A log reflecting each occasion when a youth is locked in his/her room or a special room for control purposes.
d. An incident report for each occasion when a youth is locked in his/her room or special room, in excess of two hours, for disciplinary purposes.
e". An incident report whenever any of the following incidents occurs:
1. A youth is charged with an offense that is alleged to have occurred while the youth is in custody;
2. A youth or staff needs medical assistance as a result of an altercation with staff;
23

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P.12

3 - A youth is moved to a mental health center or hospital because of a suicide attempt or other psychiatric crisis;
4 . A youth is on a suicide watch for more than eight hours;
5. An outside agency (e.g., state or local police. Department of Corrections) is called in to control youth at NCCDC or Ferris-
8 . The agreement shall be in effect and monitoring shall continue for a period of three years from the date of the approval of this agreement by the Court- At the end of three years, the Monitor shall prepare a report reviewing YRS' substantial compliance with the terms of this agreement. The Monitor's report may express its view whether YRS has achieved substantial compliance with the terms*of this agreement.
9. Counsel for plaintiffs shall have access at reasonable times to members of the plaintiff class. Upon reasonable notice to defendants' counsel, plaintiffs' counsel and any expert at ACLU's expense shall have access to Ferris and NCCDC for the purpose of making observations concerning compliance and reviewing records.
10. At such time as Ferris or NCCDC achieves accreditation or certification by Middle States Association of Colleges and Schools or the American Correctional Association in any area addressed by this agreement, monitoring of such area shall cease.
24

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P. 13

11. This agreement shall remain in effect for three years. If during that period, plaintiffs contend that YRS is violating terms of this agreement, plaintiffs may file, during that period, for judicial enforcement of the provisions of this agreement relating to the areas of claimed violation. In the event that plaintiffs so file, the provisions of this agreement relating to the area of claimed violation shall remain in effect if directed by the Court for good cause shown. Nothing in the foregoing shall automatically extend the monitoring provisions of this agreement beyond the three year period.
12. The plaintiffs shall be entitled to attorneys fees to the same extent, and only to the same extent, as they would have been had this agreement been entered as an order of the Court.

^ S . . Goddess .(Del. Bar I.D. No. 630) Rosenthal, Monhait, Gross &
Goddess, P.A. First Federal Plaza P.O. Box 1070 Wilmington, DE 19899 (302) 656-4433

Gregg E. (Del. Bar I.D. No. 85) Ann Woolfolk (Del. Bar I.D. No. 2642) Deputy Attorneys General Department of Justice 820 N. French Street, 8th Fir. Wilmington, DE 198 01 (302) 577-2500 Attorneys for Defendants

Margaret' Winter National Prison Project
of ACLUF 1875 Connecticut Avenue Suite 410
Washington, DC 2 0009 Attorney For Plaintiffs

N.W.

25

TOTAL P.13

n
W
*i* «. '-. -t

SEP-27-1994 13=05

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P.0?
MAY 1 1 1994

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

JOHN A. and MARY B., et al., Plaintiffs,
V.
MICHAEL N. CASTLE, et al., Defendants.

)
) Civil Action No. 90-20O-RRM
)
)

FINAL JUDGMENT AND ORDER OF DISMISSAL

This matter being a class action filed on behalf of all youth presently or in the future confined at Ferris School or at the New Castle County Detention Center, as the "Class" was certified by Order of the Court on May 19, 1993 (D.I. 25), and
This matter now having come before the Court on motion of the parties for approval of a negotiated settlement of the action, under terms set forth in a Settlement Agreement filed on March 25, 1994 (D.I. 51), and
The parties having subsequently negotiated a settlement of the claims under 42 U.S.C. §1988 for plaintiffs' attorneys' fees through May 6, 1994, as embodied in two supplemental Agreements of Settlement filed on May 6, 1994 (D.I.'s 53 and 54), and
The Court, having considered all papers filed in connection with the settlement and, following approved notice to the Class, having held a Rule 23(e) fairness hearing on May 6, 1994,
IT IS HEREBY ADJUDGED AND ORDERED this 6th day of May, 1994, as follows:

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P.08

1. The negotiated settlement pursuant to the Settlement Agreement is fair, reasonable and adequate as a basis for compromising the claims of the plaintiff Class, and it is hereby approved. The terms of the negotiated settlement appear to give appropriate regard to, inter alia.," the complexity, expense and duration of the litigation; the risks, expense and possible range of results of pursuing the matter through trial; as well as the reaction of the Class to the settlement.
2. The attorneys' fees and costs set forth in the Supplemental Agreements of Settlement are reasonable and consistent with the negotiated settlement.
3. This action is dismissed, without prejudice. 4. Plaintiffs may move to reopen this case or to request that the Court order the performance of the negotiated settlement agreement. The defendants will not contest the Court's jurisdiction to order the performance of the negotiated Settlement Agreement if and as application may be made to the Court within the next three years in accordance with the procedures set forth in the Settlement Agreement.

United States District Judge

TOTAL P.08

 
 CJ
11 1994

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Plaintiffs, v. MICHAEL N. CASTLE, et al.,
Defendants.

John A. v. Castle

i illilHIill

)

JI-DE-001-007

)

) Civil Action No. 90-200-RRM

)

)

)

)

FINAL JUDGMENT AND ORDER OF DISMISSAL

This matter being a class action filed on behalf of all youth presently or in the future confined at Ferris School or at the New Castle County Detention Center, as the "Class" was certified by Order of the Court on May 19, 1993 (D.I. 25), and
This matter now having come before the Court on motion of the parties for approval of a negotiated settlement of the action, under terms set forth in a Settlement Agreement filed on March 25, 1994 (D.I. 51), and
The parties having subsequently negotiated a settlement of the claims under 42 U.S.C. §1988 for plaintiffs' attorneys' fees through May 6, 1994, as embodied in two supplemental Agreements of Settlement filed on May 6, 1994 (D.I.'s 53 and 54), and
The Court, having considered all papers filed in connection with the settlement and, following approved notice to the Class, having held a Rule 23(e) fairness hearing on May 6, 1994,
IT IS HEREBY ADJUDGED AND ORDERED this 6th day of May, 1994, as follows:

T""

1. The negotiated settlement pursuant to the Settlement Agreement is fair, reasonable and adequate as a basis for compromising the claims of the plaintiff Class, and it is hereby approved. The terms of the negotiated settlement appear to give appropriate regard to, inter alia, the complexity, expense and duration of the litigation; the risks, expense and possible range of results of pursuing the matter through trial; as well as the reaction of the Class to the settlement.
2. The attorneys' fees and costs set forth in the Supplemental Agreements of Settlement are reasonable and consistent with the negotiated settlement.
3. This action is dismissed, without prejudice. 4. Plaintiffs may move to reopen this case or to request that the Court order the performance of the negotiated settlement agreement. The defendants will not contest the Court's jurisdiction to order the performance of the negotiated Settlement Agreement if and as application may be made to the Court within the next three years in accordance with the procedures set forth in the Settlement Agreement.
United States District Judge
•— r

 
 John A. v. Castle
lllliilHII

JI-DE-001-003
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

JOHN A. and MARY B., et al., )

)

Plaintiffs, )

)

V.

)

)

MICHAEL N. CASTLE, et al., )

)

Defendants. )

C.A. NO. 90-200(RRM)

CONSENT AGREEMENT AND DECREE

The parties, having negotiated and reached agreement for the

settlement of this action, intending to be bound do hereby submit

this Consent Agreement to the Court for its review, approval and

entry as a Consent Decree, binding upon the parties and their

successors according to the terms set forth therein, unless

further modified by the Court:

GRIEVANCES. DISCIPLINE. CONTROL AND ROOM CONFINEMENT

1. Youth Rehabilitative Services ("YRS") shall comply with

the Grievance Policy and Procedures set forth in Attachment I to

this Consent Decree for all youth at Ferris School ("Ferris") and

the New Castle County Detention Center ("NCCDC"). Ferris is

defined to include any successor facility-secure facility in

Delaware for adjudicated youth, and Mowlds Cottage. NCCDC is

defined to include any successor facility-secure facility in

Delaware for detained youth, but excluding Stevenson House and

its successors.

2. YRS shall comply with the Discipline Policy set forth

in Attachment I to this Consent Decree, for all youth at Ferris

and NCCDC. 3. YRS shall comply with the Policy on Control and Room
Confinement, set forth in Attachment I to this Consent Decree, for all youth at Ferris and NCCDC. Unit isolation, or lock-down of an entire unit, shall not be permitted, except in accordance with the "Group Restriction" provisions of Attachment I, Policy on Control and Room Confinement.
4. The Department of Services for Children, Youth and Their Families ("DSCYF" or "the Department") shall not use chemical restraints in any form, including, but not limited to, teargas, Mace, pepper gas, etc., on youth at Ferris and NCCDC.
5. Youth at Ferris and NCCDC who need to be separated from the general population for medical reasons shall be supervised by medical staff as medically indicated. These youth shall not be locked in their rooms, other than in the manner and circumstances applicable to the general population.
PROGRAMMING Within 90 days of the signing of this order, Ferris and NCCDC shall complete a review of their service plan processes. A. Youth at NCCDC 1. All youth detained at NCCDC shall be screened on admission, and within the limits of its discretion and authority DYRS will promote the placement of non-violent and non-serious alleged delinquents to less restrictive alternatives. For all youth who remain detained following their Family Court Bail Hearing, YRS shall identify placements for non-violent and non-

serious alleged delinquents in less restrictive alternatives. YRS will pursue approval for placements through the Family Court Bail Review process. YRS shall prepare and maintain a written case plan for each youth who remains detained after the Family Court Bail Hearing. The plan shall include, but not be limited to, a description of the youth's problems, the immediate needs for care, and the care to be provided for the identified needs, and any other services to be provided beyond the regular detention program services. All plans shall include preparation for the youth's release from detention. For a youth whose plan requires placement outside the home, the plan shall be designed to achieve placement in the least restrictive setting available, consistent with the best interest and special needs of the youth and the requirements of public safety.
2. YRS shall appropriately address the health, educational and immediate emotional needs of each youth at NCCDC. NCCDC shall post a schedule of daily activities, including education and recreation, to which the staff adheres.
3. Youth at NCCDC shall be offered the opportunity for at least one hour per day of physical exercise involving large muscle groups, to be taken outside if weather permits. B. Youth at Ferris
1. YRS shall utilize a classification system based upon the severity and chronicity of offenses. Within the limit of the Division's discretion and authority, and consistent with the requirements of court orders, the classification system shall

guide the placement of youth classified as non-chronic and lesssevere in the least restrictive and most appropriate alternative community programs. This section does not apply to youth committed by Family Court for a period of less than thirty days.
2 . YRS shall develop for each youth at Ferris for more than 3 0 days a comprehensive, individualized service plan, based on an assessment of the youth's strengths and needs, and oriented towards the youth's lawful re-entry into the community. YRS shall make its best efforts to provide services that reflect the youth's strengths and needs. An initial classification shall be completed within two weeks of admission to intake status, and a comprehensive plan shall be developed within 3 0 days of the youth's unit assignment.
3. YRS shall make available a comprehensive range of services designed to address the youth's health, educational and emotional needs, including a comprehensive education program; group and individual counselling; a program for drug and alcohol abuse rehabilitation; special offenders' programs; access to telephone; a schedule for visiting; and a daily posted schedule for education, counselling and recreation to which the staff adheres.
4. Youth at Ferris shall be offered the opportunity for at least one hour per day of physical exercise involving large muscle groups, to be taken outside if weather permits.
5. The comprehensive individualized service plan shall
include an itemization of the youth's strengths and specific

educational, vocational, medical, mental health and emotional needs, and shall be based on interviews, school and familyassessments, and where appropriate special evaluations. If the intake assessment on the intake unit indicates that the youth has a substance abuse problem, there shall be a special evaluation and the individual needs assessment shall consider the extent of substance abuse that might have impaired the youth or the family's functioning.
6. After being itemized, each youth's strengths and needs will be matched to services, e.g. individual and group counselling, and/or specialized psychological and psychiatric services, designed to meet that youth's particular needs. Individualized service plans will be re-assessed every 3 0 days, and services will be added or changed as indicated. Such changes or additions shall be reviewed with the youth. A parent, guardian, or custodian of the youth shall be apprised of any such changes or additions.
7. Prior to the release from Ferris of each youth who has been at Ferris for more than 3 0 days, a specific plan for reentry to the community shall be developed as a component of the service plan for the youth. In no event, however, shall a youth's release be delayed for this purpose. The reentry plan shall concretely identify post-release services designed to continue treatment and support for the youth's re-entry to the family and neighborhood and maintenance of non-delinquent behavior, including appropriate available educational, vocational and

mental health services. 8. For youth adjudicated in adult court who will serve
time at Ferris until their eighteenth birthday, a special program shall be developed that recognizes the longer-term nature of their commitment and the specific service needs of this population, and that prepares youth for transition into the adult prison system. This special program shall be developed by July 1, 1995.
STAFFING 1. YRS shall undertake an overall review of staffing needs annually. YRS shall request staff positions to meet identified staffing needs through the annual budget process. 2. Staffing ratios for the first two shifts shall be at least one direct youth supervisor (that is, including youth rehabilitative counselors, their immediate supervisors, and teachers but not including clinical staff or administrators) to each eight youths. On the third (overnight) shift, the ratio shall be at least one direct youth supervisor to every twelve youths, with back-up or floating staff available throughout the shift. 3. A roster of approved, casual/seasonal employees shall be maintained for assignment to short-term, full-time and parttime duties of permanent staff when necessary to maintain essential coverage. 4. Criminal record checks shall be completed on all new employees prior to their employment at the facilities.

5. All new employees shall be initially hired for a probationary period of at least six months and their performance shall be evaluated and documented as having demonstrated competency prior to their appointment to an established position.
6. Written performance reviews shall be completed annually for all employees and all content of the review shall be in accordance with the quality assurance guidelines established by the State for the performance review process.
MENTAL HEALTH 1. All youth shall be screened for potential suicide risks. A written suicide prevention and intervention policy shall be maintained, which includes specific procedures for identification and supervision of suicide-prone youth. All staff with responsibility for juvenile supervision shall be trained in the implementation of the policy. 2. A full-time doctorate-level psychologist position shall be maintained at Ferris School to provide direct services for youth who have mental health problems, and to advise other staff in their contacts with these youth. Two additional doctoratelevel psychologists, licensed by the State of Delaware, and one licensed psychiatrist, shall be maintained on a part-time consultant basis to provide direct mental health services for youth. 3. At a minimum, the mental health staff will be available to:
a. Train staff who do initial assessments of youth and be available to help assess problematic cases;

b. Participate in the development of the treatment plan of each youth who, in the professional judgment of the mental health staff, requires mental health services, and consult with staff about necessary revisions in the individual service plans of these youth, where appropriate;
c. Be available to provide direct mental health services to youth who need ongoing mental health services as specified in the youth's individual treatment plan;
d. ' Be available to youth who are in crisis (e.g., placed in room confinement because of lack of control), and be available to staff to consult about the management and treatment, if indicated, for problematic cases, including youth who present chronic discipline problems;
EDUCATION 1. DSCYF shall make school available to all youth in Ferris and NCCDC five hours of school per day, two hundred fifteen days per year, in accordance with DPI approved school calendar for state-operated programs. DSCYF shall make available special education, pre-vocational or vocational education, remedial education and GED preparation to meet the varied. individual educational needs of the youth in programs. 2 . The attainment of skills that can be applied directly to post-release employment would benefit many youth. Whatever vocational training is offered will be based on a periodic and realistic re-assessment of the job market. DSCYF shall provide vocational assessment to youth with disabilities and shall
8

develop such youths' individualized education plans based on the results of the vocational assessments. DSCYF shall offer prevocational or vocational education to youth with disabilities as provided by the youths' IEPs.
3. Upon admission to NCCDC or Ferris, DSCYF shall make good faith efforts to obtain each youth's prior school records within 15 days of admission or commitment.
4. DSCYF shall develop curriculum referenced educational assessments for all youth suspected of being disabled. Special education shall comply with federal law; special education services shall be designed to meet the diverse needs of youth identified as disabled, mentally retarded or seriously emotionally disturbed. Related services (e.g. speech therapy, occupational therapy, psychological counseling, etc.) shall be available to meet the special education needs of specific youth. All special education youth shall have individual educational plans ("IEPs") with assessments and goals reflected in the youth's overall service plan. DSCYF shall ensure that IEP meetings are held and that parents or guardians of youth are invited; that IEPs are tailored to individual needs of each student; and that IEPs are reviewed and revised as needed, at least annually. Special education students should be integrated into classes with other students.
5. DSCYF shall make a good faith effort to ensure that NCCDC and Ferris become fully accredited by Middle States Association of Colleges and Schools within 2 years of the Court's

approval of the decree. 6. DSCYF shall perform the following additional tasks: a. Provide on-going training to administrative and
child care staff that is aimed at improved coordination and cooperation between educational services and the other components of the program.
b. Develop a system of monitoring the location of all students, especially those who are not attending school. Shall not exclude youth from school because of minor behavior problems as defined by the discipline policy.
c. Provide that all youth with disabilities excluded from school because of health or major behavioral problems receive ongoing and appropriate educational services.
d. Provide that the educational program is appropriately staffed. In the classroom, teacher's aides should provide instructional support, not clerical services. At Ferris and NCCDC, maintain one full-time school psychologist to provide counseling.
e. Provide youth with educational transition services to the extent required by federal law.
f. Provide youth who are unable to attend school during convalescence from illness or injury with homework or homebound instruction depending on the youth's medical condition.
LIFE SAFETY YRS agrees to adhere to the following American Correctional Association standards for juvenile training schools (3rd Edition
10

January 1991) with regard to Ferris and NCCDC. 1. Each facility shall have written policies, procedures
and practices for fire prevention. These policies, procedures and practices shall conform to the State of Delaware Fire Prevention regulations and shall incorporate reasonable measures for the prevention and prompt control of fire. These written policies, procedures and practices shall be reviewed annually and updated as needed. They shall include but not be limited to the following:
a. a system of fire inspection and testing of equipment at least quarterly, or at intervals approved by the State Fire Marshal's Office, following the procedures stated for variances, exceptions or equivalencies
b. annual inspection by the State Fire Marshal's Office or other qualified person [s]
c. availability of fire protection equipment at appropriate locations throughout the facility (3-JTS-3B-01)
2. There shall be a comprehensive and thorough monthly inspection of each facility by a person who has completed a course of inspection approved by the State Fire Marshal. There shall be a weekly fire and safety inspection of the facility by a person who has been trained in methods of inspection and documentation by the State Fire Marshal. The monthly and weekly inspections shall be in conformity with the written policies, procedures and practices for each facility. (3-JTS-3B-02).
3. YRS shall make a careful fire safety evaluation before
11

purchasing any facility furnishings, such as draperies, curtains, furniture, mattresses and bedding, wastebaskets, decorations, cushions or other items of foamed plastics or rubber (such as polyurethane or polystyrene); and should purchase only furnishings whose specifications meet the standards in the Life Safety Code of the National Fire Protection Association as incorporated in the State of Delaware Fire Prevention Regulations. All polyurethane should be removed from living areas unless the State Fire Marshal's Office approves its use in writing. The State Fire Marshal's Office should consider the flammability and toxicity characteristics of the products being evaluated. (3JTS-3B-03).
4. Each facility shall be equipped with noncombustible receptacles for combustible refuse, at accessible locations throughout the living quarters in the facility. Special receptacles shall be provided, for flammable liquids and for rags used with flammable liquids. All receptacles and containers shall be emptied and cleaned daily. Tobacco smoking is prohibited within the facilities. (3-JTS-3B-04).
5. The control and use of all flammable, toxic and caustic materials shall be governed by written policy, procedure and practice. For purposes of this agreement, flammable material means liquids with a flash point below 100 degrees Fahrenheit; toxic material means substances that can produce possible harm to the body by entering through the skin, digestive tract or respiratory tract (e.g., zinc, chromed paint, ammonia, anti-
12

freeze, herbicides, pesticides); caustic material means substances that can destroy or eat away by chemical reaction, (e.g. lye, caustic soda, sulfuric acid). (3-JTS-3B-05).
6. Each facility shall have access to an alternate power source to maintain essential services in an emergency, and these alternative power sources shall be maintained in accordance with written policy, practices and procedure. (3-JTS-3B-06).
7. There shall be written policy, procedure and practice that provide for telephone and radio communications systems within the facility and between the facility and the Police and Fire Departments in the event of urgent, special or unusual incidents or emergency situations. (3-JTS-3B-07).
8. There shall be a written plan for preventive maintenance, i.e. regular inspection and repair, of the physical plant, which includes provisions for emergency repairs or replacement in life-threatening situations. (3-JTS-3B-08).
9. Power generators shall be tested at least every two weeks, and other emergency equipment and systems shall be tested at least quarterly for effectiveness, and shall be repaired or replaced if necessary. (3-JTS-3B-09).
10. Ventilation shall be available in the living units in the event of a power failure. (3-JTS-3B-10).
11. For each of the facilities, YRS shall have a written evacuation plan prepared for the event of fire or major emergency that is certified by the State Fire Marshal's Office. The plan shall be reviewed annually, updated if necessary, and issued to
13

the local fire jurisdiction. The plan shall include the following:

a. floor plan for the building and rooms

b. traffic flow

use of exit signs and directional arrows for

c. location of publicly posted plans

d. monthly drills in all occupied areas of the

facility, in which all juveniles are evacuated

e. staff drills when evacuation of dangerous

residents may not be included (3-JTS-3B-11)

12. All staff at both facilities shall be trained in the

implementation of written emergency plans. A contingency plan

for maintaining essential services during work stoppages, riot or

other disturbances shall be communicated only to appropriate

supervisory staff or other personnel directly involved in

implementation of the plans. (3-JTS-3B-12).

13. YRS shall maintain for each facility written policy,

procedure, and practice which specify the means for immediate

release of juveniles from locked areas in case of emergency, and

provide for a backup system. (3-JTS-3B-13).

14. The facilities shall have written plans that specify

policies and procedures to be followed in situations that

threaten facility security. These plans shall be available to

all applicable staff and shall be reviewed at least annually and

updated as necessary. (3-JTS-3B-14).

15. Each facility shall have written policies and proce-

14

dures regarding escapes, and these policies and procedures shall be reviewed at least annually and updated if necessary. (3-JTS3B-15).
MEDICAL CARE YRS agrees to the following: 1. Immediately upon the admission of each youth to Ferris or NCCDC, staff shall perform an initial medical and dental screening for health needs. YRS shall maintain written protocol's and guidelines for intake staff to follow, train intake staff to perform screenings; and periodically review the quality and completeness of the screenings. 2. Upon the admission of each youth who has not been admitted within the previous 90 days, health staff shall perform an age-appropriate health appraisal and physical examination. The health appraisal and physical examination shall be guided by written protocols. For each youth who is readmitted within 90 days of such a health appraisal and physical examination, health staff will review his past medical records, take an interim medical history, and make a nursing evaluation regarding any new trauma, illnesses, or sexually transmitted diseases requiring care. 3. Medical charts shall include a medical care "flow sheet." Staff shall maintain a record of youth with chronic illnesses, which shall be kept separate from the patient's chart, to help ensure that problems are not lost to follow-up. Procedures shall be devised and followed for obtaining records of
15

youth's past medical treatment. Specialty consultants shall provide written notes describing their evaluations and recommendations. A medical summary shall be prepared for a youth with chronic or ongoing problems when the youth is transferred or released. Such medical summary shall be made available to the facility to which the youth is transferred, or to the youth's parent/guardian/custodian upon his/her release, except as restricted by law.
4. A physician shall at regular intervals review the performance of nursing staff with regard to sick call, and evaluate nursing staff's screening of requests by youth for health services and physician consultations.
5. At Ferris, an infirmary area, separate and distinct from living quarters, shall be provided for close observation of ill or injured youth whose condition is not so serious as to require hospitalization. The infirmary area shall be available during school hours. During other times, and at NCCDC, written policy and procedure shall provide for medically indicated supervision outside of the infirmary.
6. Health care staff shall be trained for proper care of chronically ill youth.
7. Health needs shall be included in the individual youth service plans, where relevant.
8. No youth shall be denied access to routine health, services because he/she has been locked down in disciplinary segregation. Health care staff shall not omit segregation areas
16

from their regular medical rounds. Youth shall not be refused or denied appropriate medical treatment for injuries they have sustained in sports or fights. Youth shall not be denied access to daily sick call. The decision as to whether a youth will receive medical attention for an injury other than a minor injury shall be made by professional health staff, rather than youth rehabilitative staff. A means of transportation shall be at all times available to transport ill or injured youth to the doctor for medical treatment. Criminal charges contained in medical records shall not be disclosed outside of Ferris or NCCDC.
9. Health care staff shall be available on the premises or on call as needed to provide medically indicated nursing care 24 hours a day, 7 days a week. YRS shall have a written policy to provide for medically indicated nursing care at Ferris and NCCDC.
10. YRS shall maintain a quality assurance program. The program shall include regular review of the following areas:
a. Assessment and follow-up of chronic illnesses. b. Utilization of consultant physicians and their reports, and timeliness of medical consultations. c. Evaluation of entrance procedures, including immunizations, Mantoux Intradermal P.P.D. skin tests, and laboratory tests. d. Follow-up emergency visits and hospitalizations at other facilities. e. Staff knowledge of, and adherence to, standing orders, policies and procedures.
17

11. YRS shall provide medically-indicated consultations on a timely basis.
12. Medical charts shall contain problem lists, a plan for each problem identified, records of immunizations, and consents for treatment as required by law. All health care professionals shall document their evaluations and recommendations for care.
13. An adolescent medicine physician shall be available by telephone 24 hours a day, 7 days a week, for medically necessary consultations.
14. Psychotropic medications shall not be used except in accordance with an appropriate diagnosis and with a comprehensive treatment plan, and only under monitoring by a physician. Psychotropic medications shall, in no event be used without specific prior consent from the parent or guardian, or a court order.
15. YRS shall offer the Mantoux Intradermal P.P.D. skin tests at Ferris and NCCDC. If a youth refuses to submit to the test, health care staff shall attempt to educate the youth on the importance of the test. If the youth continues to refuse, YRS shall offer the Tine test. If a youth refuses the Tine test, YRS shall offer a chest x-ray.
16. YRS shall make a good faith effort to achieve certification or accreditation of its medical program by the American Correctional Association.
DENTAL CARE 1. While a youth is in Ferris or NCCDC, YRS shall provide
18

the youth with dental care under the direction and supervision of dentists licensed in the State. YRS shall retain dental professionals for a sufficient number of hours per week to make available the following dental services:
a. Full dental examination by a licensed dentist within 14 days of admission, with the results of the examination recorded in a uniform dental record system, with a written treatment plan. YRS will promulgate appropriate guidelines for the treatment of identified dental problems.
b. Preventive dental care on a regular basis, including cleaning, scaling, polishing, fluoride treatment, and instructions to the patients on oral hygiene, by a dentist or a dental assistant trained and supervised by a dentist.
c. Dental treatment as needed by a licensed dentist, including the full range of restorative procedures and endodontic care to restore salvageable teeth rather than extract them in accordance with reasonable dental practice and subject to the youth's term of confinement at Ferris or NCCDC. If YRS' on-site dentist determines that dental treatment is presently necessary, the health of the youth would otherwise be adversely affected, and the treatment cannot be performed at the facility, YRS shall promptly provide for treatment of the youth by appropriate specialists in the community.
2. The YRS dentist shall determine necessary dental treatment at or about the time of a youth's release. Notation of such treatment shall be entered into the youth's medical record
19

and made available in accordance with paragraph 3 MEDICAL CARE. 3. Youth have the right to refuse dental services. At the
time of the youth's refusal, the dentist or dental staff shall explain to the youth the possible dental health consequences of his/her decision not to receive the needed-dental treatment. The youth's refusal to receive dental treatment shall be documented and forwarded to the youth's case manager for counseling and for contacting the youth's parents/guardian to request their assistance in counseling the youth to receive dental care.
4. Nothing in this agreement shall be construed to require that the Department of Services for Children, Youth and Their Families or YRS provide medical or dental services to any youth not at Ferris or NCCDC.
SANITATION AND HYGIENE 1. YRS shall comply with the State of Delaware Regulations Governing Public Eating Places, Delaware Regulations Governing Drinking Water Standards, and the Delaware Plumbing Code. (3JTS-4B-02). This provision of the agreement is limited by the parties' understanding that the defendants have plans to substantially complete a major renovation or complete reconstruction of Ferris within the next three years. While the parties agree that YRS will carry out basic maintenance at the old Ferris facility so long as it is occupied by youth, it is understood that defendants will not be making major capital improvements to the old Ferris facility. However, if it should at any time appear that the defendants will be unable to substantially
20
— T

complete the new Ferris construction project within three years, or that they will still be sleeping youth in the old Ferris structure, excluding Mowlds cottage, then plaintiffs will be free to file or re-file claims regarding environmental issues at Ferris, not withstanding this agreement.
2. YRS shall maintain and implement a written housekeeping plan for Ferris and NCCDC, and in areas where youth are responsible for housekeeping shall supply appropriate cleaning supplies and equipment. (3-JTS-4B-06).
3. YRS shall provide the opportunity to have three sets of clean clothing per week, to include underwear, shirts, socks, and pants. YRS shall also provide appropriate outdoor clothing for outdoor recreation. YRS may provide this clean clothing in several ways, including access to self-serve washer facilities, central clothing, or a combination of the two. (3-JTS-4B-10).
4. YRS shall issue suitable, clean bedding and linen, including two sheets, one pillow and pillow case, one mattress, and sufficient blankets to provide comfort under existing temperature conditions. YRS shall provide for linen exchange at least weekly. (3-JTS-4B-12).
MONITORING 1. Within 60 days of the signing of this agreement, YRS shall develop an action plan detailing steps that need to be taken to achieve substantial compliance with the agreement by the end of this agreement. The action plan shall include tasks to be accomplished, persons responsible, and timeliness for completion
21

of the tasks. A copy of the plan will be furnished to counsel for the parties.
2. The parties have agreed to the appointment of Ned Loughran as Monitor to oversee the implementation of this agreement. If Ned Loughran becomes unavailable to serve as Monitor, and the parties are unable to agree upon a successor, each party shall submit to the Court a list of three persons who have not been retained by either party as an expert and who are willing to serve in this capacity, and their curricula vitae. Each party will be permitted to veto one person from the opposing party's list and express to the Court objections, if any, regarding the remaining two persons on the list.
3. The Monitor shall have authority to retain consultants to evaluate the technical areas of medical, dental and psychiatric care and fire and life safety when he reasonably believes such assistance necessary to assess compliance under the terms of this agreement.
4. YRS shall bear the cost of the Monitor's expenses and fees for the monitoring contemplated herein, but only up to a total amount of $15,000 over the term of this agreement, and a total $9,000 over the term of this agreement for reasonable expenses including the fees and expenses of any consultants the Monitor may retain.
5. The Monitor may make a visit every nine months to Ferris and NCCDC to review implementation of this agreement. However, it is understood that defendants will accommodate the
22

fourth monitoring visit at least six weeks prior to the third year anniversary of this agreement, at plaintiffs' option. Following each visit, the Monitor shall jointly debrief counsel for the parties.
6. Upon request by the Monitor, YRS shall grant access to any documents not deemed confidential under federal or state law or not otherwise privileged by the Federal Rules of Evidence that may demonstrate substantial compliance or lack of substantial compliance with the terms of this agreement.
7. During each monitoring visit, YRS shall make available records and reports on the matters described in subparagraphs A through E below to the Monitor. These records shall also be available for review by a Representative of the Delaware Council on Crime and Justice.
a. A report on the number of youth held in NCCDC and Ferris. The number of youth on each unit should be provided.
b. An incident report for each occasion when mechanical restraints are used on a youth, other than in transporting the youth to or from the facility.
c. A log reflecting each occasion when a youth is locked in his/her room or a special room for control purposes.
d. An incident report for each occasion when a youth is locked in his/her room or special room, in excess of two hours, for disciplinary purposes.
e. An incident report whenever any of the following incidents occurs:
23

1. A youth is charged with an offense that is alleged to have occurred while the youth is in custody;
2. A youth or staff needs medical assistance as a result of an altercation with staff;
3. A youth is moved to a mental health center or hospital because of a suicide attempt or other psychiatric crisis;
4. A youth is on a suicide watch for more than eight hours;
5. An outside agency (e.g., state or local police, Department of Corrections) is called in to control youth at NCCDC or Ferris.
8. The agreement shall be in effect and monitoring shall continue for a period of three years from the date of the approval of this agreement by the Court. At the end of three years, the Monitor shall prepare a report reviewing YRS' substantial compliance with the terms of this agreement. The Monitor's report may express its view whether YRS has achieved substantial compliance with the terms of this agreement.
9. Counsel for plaintiffs shall have access at reasonable times to members of the plaintiff class. Upon reasonable notice to defendants' counsel, plaintiffs' counsel and any expert at ACLU's expense shall have access to Ferris and NCCDC for the purpose of making observations concerning compliance and
reviewing records.
10. At such time as Ferris or NCCDC achieves accreditation
24

or certification by Middle States Association of Colleges and Schools or the American Correctional Association in any area addressed by this agreement, monitoring of such area shall cease.
11. This agreement shall remain in effect for three years. If during that period, plaintiffs contend that YRS is violating terms of this agreement, plaintiffs may file, during that period, for judicial enforcement of the provisions of this agreement relating to the areas of claimed violation. In the event that plaintiffs so file, the provisions of this agreement relating to the area of claimed violation shall remain in effect if directed by the Court for good cause shown. Nothing in the foregoing shall automatically extend the monitoring provisions of this agreement beyond the three year period.

Jeffrey S. Goddess (Del. Bar I.D. No. 630) Rosenthal, Monhait, Gross &
Goddess, P.A. First Federal Plaza P.O. Box 1070 Wilmington, DE 19899 (302) 656-4433

Gregg E. WS (Del. Bar I.D. No. 85) Ann Woolfolk (Del. Bar I.D. No. 2642) Deputy Attorneys General Department of Justice 820 N. French Street, 8th Fir, Wilmington, DE 198 01 (302) 577-2500 Attorneys for Defendants

Margaret Winter National Prison Project
of ACLUF 1875 Connecticut Avenue, N.W. Suite 410 Washington, DC 2 0009
Attorney For Plaintiffs
25

The foregoing Consent Decree having been considered by the

Court, following notice to the class and a hearing thereon, the

same is hereby entered as an Order of this Court this

day

of February, 1994.

United States District Judge

26

FERRIS SCHOOL Division of Youth Rehabilitative Services
Chapter: JUVENILE RIGHTS
Subject: RESIDENT GRIEVANCES/COMPLAINTS

Number: FS-602 Related Standards: ACA: 3-JTS-3D-09 YRS: 15.2

Page: 1 of 5

I. POLICY: The purpose of the Resident Grievance Policy is to establish a procedure that will help reduce tension within Ferris School. Every resident within the jurisdiction of Ferris School shall be provided a timely and effective means of having problems brought to the attention of those who can offer administrative remedies. A system which allows residents to grieve certain actions, conditions or circumstances which may violate Ferris or Division policies services the following purposes:
A. Ensures that Ferris and Division policies are not violated;
B. Identifies and eliminates unsatisfactory conditions in the program; and
C. Helps to reduce tension within the program.
II. PRINCIPLES AND POLICIES OF THE INSTITUTION: It is essential that Ferris and Division principles and policies be clearly identified. Written notice of these principles and policies shall be provided each youth during his orientation to the facility. The established grievance procedure should also be explained at this time. It will be the policy of Ferris and the Division to observe the following principles:
A. To protect youth from harm, abuse or harassment.
B. To encourage youth to reside in a clean and ordered environment.
C. To permit youth to practice their religious beliefs, and not be forced to participate in religious practices that do not conform with their beliefs.
D. To ensure that youth are free from discrimination based upon race, religion, gender, sexual preference, disability and ethnicity.
E. To provide balanced, properly prepared meals that are consistent with a youth's religious dictates hi quantities sufficient for the age of the youth.
F. To provide clean clothing and linen on a regular basis.
G. To permit youth to bathe/shower on a regular basis and to have necessary items to maintain personal hygiene.
H. To provide an opportunity for youth to participate in outdoor recreation on a regular basis.

ATTACHMENT T

• *

• r

Chapter: JUVENILE RIGHTS

Subject:
RESIDENT GRIEVANCES/ COMPLAINTS

Number:

Page:

FS-602

2 of 5

I. To provide an opportunity for youth to communicate (by visit, correspondence and telephone) with family members and others on a regular basis.
J. To permit youth to have access to the youth's legal counsel and the courts.
K. To permit youth to receive and send mail subject to the following limitations:
1. No correspondence by mail among the youth committed to the Division is permitted;
2. All mail except mail marked "Legal Mail" may be opened and inspected for contraband by program staff before it is delivered to youth;
3. Mail marked "Legal Mail" will be opened by program staff in the presence of the youth addressee and inspected only to the extent necessary to confirm that it is legal mail and that it does not contain contraband;
4. Mail only may be reviewed for content in the presence of the youth addressee based upon reasonable suspicion by the Youth Care Worker Supervisor; and

5. Mail may only be withheld and returned to the sender if the Youth Care Worker Supervisor makes the determination that it is detrimental to security, good order, discipline, rehabilitation or might facilitate criminal activity.

L. To ensure that youth receive adequate medical services, as necessary.
M. To ensure that youth participate in educational programs and receive special education services if needed.
N. To ensure that youth are treated fairly and to permit youth to object to any unusual or unreasonable treatment.
O. To discipline youth according to the program's written policies and procedures.

P. To inform youth, and provide access to copies, of all resident rules, rights and regulations.

Q. To permit youth to grieve the violation of any of these principles or policies.

Chapter: JUVENILE RIGHTS

Subject:
RESIDENT GRIEVANCES/ COMPLAINTS

Number:

Page:

FS-602

3 of 5

HI. DEFINITIONS:

A. Emergency Grievance: An emergency grievance is defined as a grievance that would expose the resident to substantial risk of personal injury or serious irreparable harm if it was not acted on immediately. The Security Superintendent or designee shall decide if a grievance/complaint is to be treated as an emergency.

IV. GRIEVANCE STANDARDS:
A. The grievance process shall be applicable to a broad range of complaints such as policies, conditions within the jurisdiction of Ferris School, actions of employees and other residents and any incidents that occur within the facility that personally affect them.
B. The grievance procedures shall prohibit adverse actions against residents for their use of the procedures. Employees of the facility will not be subject to adverse actions resulting from their participation in the grievance procedure.

C. The written grievance procedures shall be available in each housing unit within the facility, in each counselor's office and in the education department. Each resident shall also receive an oral explanation of the grievance process, including an opportunity to have questions answered regarding the policy.
D. No resident or employee who is involved in a complaint shall participate in any capacity in the resolution process. If a complaint is filed against an employee who is part of the resolution process, it will automatically be reviewed by the next higher level.
E. A resident shall have access to forms to write any grievance and/or complaint and shall be allowed privacy in order to freely complete the form.
F. Resident who are unable to write can be assisted by any other resident or staff of their choice.
G. A resident shall not be permitted to submit more than one grievance per incident.
H. All level responses shall be put in writing and forwarded to the next level of appeal. The resident shall receive all level responses in writing.

I. If a resident wishes to appeal at any level, he must state in writing his reason for appeal.

Chapter: JUVENILE RIGHTS

Subject:
RESIDENT GRIEVANCES/ COMPLAINTS

Number:

Page:

FS-602

4 of 5

J. A file of all grievances shall be kept in the Ferris Administrator's office for review by administration.

V.

A. Level I: The procedure for a resident grievance begins with the resident filing a grievance form. Upon completion of this form, it must be delivered to the resident's Unit Manager for the first level of review.

1. In an attempt to resolve the grievance/complaint, the Unit Manager shall meet with

the resident within three (3) working days after the grievance is filed. A response

shall be given to the resident in writing within one (1) working day of the Unit

Manager's resolution attempts.

_.

B. Level II: If the response of the Unit Manager is not accepted by the grieving resident, they can appeal the response within three (3) working days to the Security Superintendent. Within five (5) working days of receipt of the grievance material, the Security Superintendent shall hold a meeting with the Unit Manager and the resident in an attempt to resolve the issue. The Ombudsman will be notified of Level n proceedings and may be allowed to provide his or her input if necessary.

C. Level III: If the response of the Security Superintendent is still not accepted by the resident, then the grievance will be forwarded to the Ombudsman within three (3) working days. The Ombudsman shall meet with the resident and others deemed necessary within ten (10) working days of the receipt of the grievance. AH decisions are final at this level.

VI. EMERGENCY GRIEVANCES; Emergency grievances shall go immediately and directly to the Security Superintendent or Youth Care Worker Supervisor on duty and copies shall be sent to the Ombudsman. The Security Superintendent or Youth Care Worker Supervisor shall respond immediately. If the grievant wishes to appeal the response of the Security Superintendent or Youth Care Worker Supervisor, he may appeal to the Ombudsman. The Ombudsman will respond to the grievance within 24 hours.
A. If the Security Superintendent or Youth Care Worker Supervisor determines that the grievance is not an emergency, the grievance shall then be returned to the grievant to be filed through the normal procedures.
VII. ALLEGATIONS OF ABUSE: All reports of allegations of child abuse shall conform to the state's mandatory reporting requirements and are not subject to the grievance procedures. All complaints that concern an immediate threat to the health or safety of any youth must be resolved immediately.

FERRIS SCHOOL Division of Youth Rehabilitative Services
Chapter:

Number: FS-502 Related Standards:

Page: 1 of 2

RULES AND DISCIPLINE
Subject: Documentation

ACA: 3-JTS-3C-10, 3-JTS-3C-11, 3-JTS-3C-09

I. POLICY: Staff shall prepare a Disciplinary Report when they have a reasonable belief that a student has committed a major or chronic minor rule infractions of Ferris rules or regulations. This shall be accomplished by using Incident Report form.

II. PROCEDURE:
A. Reports of Disciplinary Action: If there is a reasonable belief that a student has committed a violation of the rules and regulations, the staff member may choose to either verbally warn the student or submit a Disciplinary Report on an Incident Report Form. A Disciplinary Report should contain:
1. Date, time and location of the incident or infraction.

2. The specific rule violated. 3. A clear written description of the incident and infraction. 4. A clear written description of the student's behavior and any unusual behavior.

5. The names of all staff and student witnesses.
6. Description and disposition of any physical evidence regarding the violation and any injuries/treatment.
7. Immediate action(s) taken.
8. Use and type of any physical force.
9. All reports shall be signed by the author with the date and time of the report recorded.
B. Completion of Disciplinary Reports: All disciplinary reports shall be turned into the supervisor or senior staff on duty at the time of their completion. All reports shall be completed prior to the end of the shift, except with explicit approval by the supervisor or senior staff on duty. Such exceptions shall be recorded in the mobile's log book, with the reason noted.
1. All disciplinary reports shall be reveiwed and signed by the supervisor or senior staff on duty for their completeness and accuracy.

Chapter:
RULES AND DISCIPLINE

Subject: Documentation

Number: FS-502

Page: 2 of 2

C. CRIMINAL PROSECUTION: When preliminary evidence suggests that an incident may result in criminal prosecution, the Ferris Superintendent shall request that the Division's Internal Investigator complete an investigation of the incident. Parents or guardians of students or staff retain the right to file charges against students.

Effective Date:

Approved By:

Review Date:

Reviewed By:

FERRIS SCHOOL Division of Youth Rehabilitative Services
Chapter: RULES AND DISCIPLINE
Subject: Major Rule Infractions

Number:

Page:

FS-503 Related Standards:

1 of 6

ACA: 3-JTS-3C-02, 3-JTS-3C-03, 3-JTS-3C-04,
3-JTS-3C-15 to 3C-24 YRS: 16.1, 16.2, 16.3

I. POLICY; Ferris staff will make every effort to influence the behavior of students through methods of positive behavior reinforcement. The use of restraints and room confinement shall be minimized through effective application of nonviolent crisis intervention.
When discipline is necessary, it will be administered in a way that will create a learning experience and will be commensurate with the seriousness of the behavior. Discipline will never be of a nature or administered in order to degrade or humiliate. The following actions will never be used as a means of discipline or punishment:
1. Corporal punishment.
2. Physical restraint.
3. Psychological intimidation.
4. Denial of regular meals (any meal, snack or any food not earned as a privilege).
5. Denial of medical care.
6. Denial of sufficient sleep.
7. Denial of sufficient exercise.
8. Denial of adequate clothing.
9. Denial of contact with parents/legal guardians.
10. Denial of legal assistance.
11. Group punishment.
II. CHARACTERISTICS OF EFFECTIVE DISCIPLINE: All discipline interactions'should have the following characteristics:
A. Clarity; Sanctions should be consistently and explicitly tied to a violation of stated rules.
B. Fairness: Situational factors should be acknowledged and considered. Students must always be provided an opportunity to explain their behavior.

| Chapter:
1 RULES AND 1 DISCIPLINE

Subject:
Major Rule Infractions

Number: FS-503

Page: 2 of 6

C. Effectiveness: Responses to misbehavior must occur quickly and without uncertainty or inconsistency.
D. Proportionality; Responses are reasonably related to the types of misbehavior.
III. MAJOR RULE INFRACTIONS: Occasionally, students will exhibit behavior which, if allowed to continue, would result in serious consequences. Listed below are some, but not all, examples of behavior which are considered to be serious and/or criminal and which warrant a stricter approach to discipline.
A. Possession of Dangerous Contraband: This behavior includes either possession or the intentional attempt to obtain dangerous contraband. Dangerous contraband includes: weapons; any item that has been altered to use as a weapon; matches; alcohol; or illegal drugs.

B. Disobeying a Direct Order: This infraction covers the disregarding of a directive made by staff concerning behavior which if not halted would result in injury to the student or others. Examples include failure to participate in a fire drill or to evacuate an area in an emergency, or deliberate misuse of furniture or equipment likely to result in personal injury to self or others.

C. Destruction of Property: This offense covers any situation in which a student has intentionally destroyed valuable institutional or personal property.
D. Assault: Intentionally causing bodily injury to another student or staff.
E. Sexual Assault: These offenses include rape (attempted or actual), sodomy or any sex act on another individual.

F. Escape or Attempted Escape: Unauthorized leaving or attempting to leave the confines of the institution or from official custody while beyond the confines of the institution, or failure to return to official custody within the institution following temporary release from the institution without proper authorization.
G. Engaging in Sexual Activity: Willfully engaging in sexual activity with another person within the institution.
H. Arson or Attempted Arson or Reckless Burning: Starting or attempting to start a fire or cause an explosion within the institution.

I. Intimidation or Threatening: This offense includes the verbal communication of an implied serious physical threat toward another student, staff or their family. The threat must be of such a nature that it causes reasonable fear to the student or staff.

Chapter:
RULES AND DISCIPLINE

Subject:
Major Rule Infractions

Number: FS-503

Page: 3 of 6

J. Fighting: Violent physical contact between two or more students.
K. Riot: Participating in or soliciting, disorderly conduct of two or more students in order to cause escape, personal injury or damage to valuable property.

IV. MAJOR RULE INFRACTION SANCTION PROCEDURES: Staff may use the following sanctions for major rule infractions where out-of-control behavior is not involved.

A. Loss of Privileges: Staff may restrict a student's participation in a privileged activity for a major rule infraction. Loss of any or all privileges, in excess of 24 hours, require a due process hearing. Substantiated major infractions should require a reduction in level in the behavior management system.
B. Disciplinary Confinement: The period of time for room confinement is not to exceed two hours without scheduling a due process hearing for the same day or the next business day. For room confinement under two hours in duration, the staff must notify the YRC Supervisor or Unit Manager and make them aware of the room confinement. For room confinement over two hours in duration, a due process hearing for the same day or the next business day must be scheduled and the Security Superintendent or his/her designee notified for approval. Staff contact must be made every 15 minutes during the period of restriction. Room restriction on the approval of the Security Superintendent or his/her designee shall not exceed 12 hours. Confinement in excess of 12 hours and up to 24 hours must be approved by the Ferris Superintendent. Confinement in excess of 24 hours must be approved by the Division Director or Deputy Director. Whenever possible, disciplinary confinement shall be served in a youth's own room. If circumstances indicate that disciplinary confinement should be served in a place other than the student's own room, permission shall be obtained from the Security Superintendent or his/her designee.

1. During disciplinary confinement, unless there is a justified exception which must be substantiated and logged, a student should be afforded adequate food, exercise, and clothing as well as access to counsel, visits by family and to reading and writing material.
2. Any student held in disciplinary confinement for more than one day should be afforded an opportunity to receive educational programming.

3. The student should receive a minimum of 30 minutes of counseling with treatment staff for each 12 hours of confinement.
C. Individual Discipline Plan: This process should be used by the Unit team for all major rule violators and can be used to structure both short term sanctions and responses to chronic major rule violations. The Individual Discipline Plan shall also serve as a behavior profile for evaluation reports. The plan shall include the relevant facts pertinent to the decision to impose disciplinary sanctions including:

Chapter:
RULES AND DISCIPLINE

Subject:
Major Rule Infractions

Number: FS-503

Page: 4 of 6

1. Date, time and student's name.
2. Exact rule violation.
3. Whether any criminal charges will be Hied.
4. Previous major rule violations.
5. Describe privileges to be suspended and time-frame of suspension.
6. Identification of steps for the student to restore privileges.
7. Consultation with the student informing student of the details of the infraction resulting in suspended privileges. Time expectation for restoration of privileges shall be noted.
8. Periodic evaluation of an Individual Discipline Plan is done by the service team.
D. Procedures for Due Process Hearings for Major Infractions; Discipline for all infractions which result in the loss of privileges for more than one day, room confinement for more than two hours and any major infractions that could result in the imposition of a criminal charge require a due process hearing. Implementation plans for long-term privilege loss or discipline for major infractions shall be developed and monitored by the student's service team in the form of Individual Discipline Plans. All service team members may participate in the Due Process hearing; however, the student's service team must be represented.
1. Due Process Hearings: A disciplinary due process hearing will be convened the day of the incident or the next business day. Continuances for a longer period of time shall require the approval of the Security Superintendent or his/her designee. The student will have the opportunity to be present at the due process hearing unless the student waives the right in writing. If a student is absent, the hearing officer will set forth the reasons for the absence in his written findings.
2. Hearing Officer: The disciplinary due process hearing officer will:
a. Allow the student to make a statement and explain his version of the infraction(s).
b. At the student's request, permit the assistance of a staff member to aid them in the hearing. In the case of a student not capable of adequate representation, as determined by the hearing officer, the hearing officer may appoint a staff member to assist the student.

Chapter:
RULES AND DISCIPLINE

Subject:
Major Rule Infractions

Number: FS-503

Page: 5 of 6

c. Permit presentation of relevant documents and testimony from any person who has relevant and not unduly cumulative information.
d. Issue written findings.

e. Forward the findings to the Ferris Superintendent or designee for review.

f. Notify the Ombudsman of hearings on major infractions and allow the Ombudsman to provide input.

g. Copies of the Incident Report and the Due Process Hearing Report will be distributed as follows:

(1.) One copy to the student;
(2.) One copy to the student's master file; and
(3.) One copy to the Ferris Superintendent's for review and for permanent filing in the student's disciplinary folder.

h. Advise the student of his appeal rights.

E. Due Process Appeal Procedures: All disciplinary impositions by the Division of Youth Rehabilitative Services staff are subject to review. The Ombudsman may participate in and provide input during the appeal process.

1. Appeals of discipline imposed for infractions not requiring a hearing are directed to the YRC Supervisor on duty/call. Appeals to the YRC Supervisor on duty/call may be presented orally or in writing. The YRC Supervisor on duty/call is the final level of appeal for these infractions.
2. Appeals of major infractions or discipline requiring a hearing are directed to the Unit Manager or Security Superintendent. If the Unit Manager has been a party to the Due Process Hearing, the the appeal shall be heard by the Security Supterintendent or his/her designee. Appeals of these hearings shall be conducted by reviewing the records of the hearing and any written appeal by the student. Appeals of confinement of less than 12 hours and loss of privileges of three (3) days or less have reached the final appeal with the Security Superintendent or his/her designee.
3. Discipline exceeding 12 hours of confinement or loss of privileges of four (4) days or more require the written approval of the Ferris Superintendent or his/her designee before exceeding these limits. These disciplines may be appealed to the Division Director or Deputy Director or their designee.

Chapter:
RULES AND DISCIPLINE

Subject:
Major Rule Infractions

Number: FS-503

Page: 6 of 6

The final level of appeal for discipline resulting in a total loss of privileges or confinement in excess of 12 hours is the Division Director or his/her designee. Such appeals will be resolved within three (3) business days of the appeal.
The standard of review for all appeals is whether the finding is supported by substantial evidence and the discipline imposed is in reasonable proportion to the offense.

Effective Date:

Approved By:

Review Date:

Reviewed By:

FERRIS SCHOOL Division of Youth Rehabilitative Services
Chapter: RULES AND DISCIPLINE
Subject: Minor Rule Infractions

Number:

Page:

FS-504

1 of 4

Standards: ACA: 3-JTS-3C-02, 3-JTS-3C-04.
3-JTS-3C-O5, 3-JTS-3C-06, 3-JTS-3C-08

I. POLICY: Whenever students are subjected to disciplinary procedures, some degree of due process should be provided to ensure that the student is treated fairly. Disciplines of short duration for minor infractions may require only that the behavior be fully discussed with the student. Disciplines for infractions which result in the loss of privilege for more than one day or room confinement for more than two hours require a Due Process hearing. Procedures for Due Process hearings are contained in FS-504, Major Rule Infractions.

II. DEFINITIONS: None.
III. MINOR INFRACTIONS: Listed below are some examples, but not all instances, of minor rule infractions which might be subject to sanctions for minor rule infractions:
A. Horseplay: Horseplay is a minor offense, but due to the potential of escalating behavior or accidental injury, must be controlled to a degree. It is important that all staff members have an accurate awareness of what horseplay is. The identifying factor in a horseplay incident is that of intent. Students are often involved in more serious negative behavior, particularly of a physical nature, and they attempt to label it horseplay when confronted. It is important that staff members know the difference.

B. Failure to Report to Assigned Program Area: This infraction involves any situation in which any student, by his own intent, is not where he is scheduled to be. This could be an absence from the classroom; it could be the absence from the location of an assigned errand. In most cases, out of assigned area instances involve inbuilding behavior. Like horseplay, out of assigned area or failure to report to assigned area, is a relatively minor offense when considered on a one-time basis. It increases in degree of seriousness as the frequency of the behavior increases.

C. Lving/Willful Deceit: This behavior relates specifically to a conscious attempt to distort the truth or in any way to avoid responsibility for behavior. Lies should not be measured on the basis of "little lies" or "big lies". A lie is a lie. In order to reinforce the concept of taking the weight as well as honesty and integrity, all lies must be confronted as they occur. A single lie, in and of itself, should not be considered a major behavioral infraction. Primary consideration should be placed upon a pattern of untruths.

Chapter:
RULES AND DISCIPLINE

Subject:
Minor Rule Infractions

Number: FS-504

Page: 2 of 4

D. Failure to Carry Out Assignment: This involves any incident in which a student is given a specific assignment to be completed within a specific time period and fails to do so. It might be a work assignment; it might be an academic assignment; it might be an assignment to help another student in a particular area, in any event, it is a communicated expectation to a student that he has failed, for whatever reason, to accomplish. Again, one incident, in and of itself, would be considered minor. The frequency with which this behavior repeats itself determines eventual seriousness.
E. Unkept Room: This offense relates to the manner in which a student maintains his room. Rooms should be clean, neat, bed made and toilet flushed. This is a minor infraction which increases in seriousness with frequency.
F. Improper Dress: This is a minor offense when students fail to wear their issued clothing properly, i.e., shoes not tied or walking on the back of shoes.
G. Loud Talking: This is a minor offense. Talking loud is talking louder than what is normal for others to hear; or talking too loud in areas that require silence, i.e., in school, church, the dining hall or talking loudly which is disturbing to others.
H. Program Disruption: This is a minor offense and should be considered when students are clowning around, disturbing others, interrupting, throwing objects, teasing, making noises, etc.
I. Aggravating or Harassing: This minor offense would involve the intentional verbal abuse of a peer. It involves the intent to humiliate, to verbally abuse, or to emotionally upset another individual. This could cover such areas profanity, making fun of and or in any other way holding a peer up to ridicule.
J. Disrespectful of Staff: This minor offense applies when directed toward any staff member and should not be confused with grossly verbally uncontrolled behavior. Disrespect for staff usually involves cursing of a short duration and is most times reflective of a brief emotional outburst. Obscene gestures would also be and should be considered for disciplinary action, but it is not considered to be uncontrolled behavior.
K. Gambling: This minor offense involves playing games for profit or self gain. Cards and other games that are provided are not intended to be used for gambling.

Chapter:
RULES AND DISCIPLINE

Subject:
Minor Rule Infractions

Number: FS-504

Page: 3 of 4

L. Stealing: This relatively minor offense is the intentional taking of another person's property and is only considered minor because students do not have nor are they encouraged to have items of major value in the facility.
M. Offensive Touching; This minor offense is identified as any act of unwanted physical touching between residents. It is not to be confused with a sexual act which would be considered a sexual offense.
N. Possession of Non-dangerous Contraband; This minor offense involves the intentional attempt to obtain any item that not permitted in the facility and is thus classified as contraband. Non-dangerous contraband is considered that which does not cause a threat to others such as unauthorized clothing, books, magazines, etc.

O. Group Accountability for Program Compliance; This minor offense involves student(s) failure to follow or use normative culture behavior guidelines in group, program or living unit settings.
IV. MINOR RULE INFRACTION SANCTION PROCEDURES: Sanctions for any minor rule infraction may be administered by unit staff immediately upon witnessing or discovering the violation. Staff are encouraged to use informal interventions and control techniques whenever possible. If staff determine that the chronicity or seriousness of the circumstances of the incident warrant formal documented intervention, the following sanctions in order of severity should be used. Disciplinary confinement will not be imposed for minor rule violations except in conjunction with an Individual Discipline Plan prepared by the service team for repeated minor infractions.

A. Formal Sanctions for Minor Rule Infractions:
1. Warning: A verbal and/or written warning may be issued for a first offense and may be used without further disciplinary action. The warning should also communicate the expectation that a more restrictive disciplinary action shall be initiated if the offense is repeated.

2. Loss of Privilege: Staff may restrict a student's participation in a privileged activity, such as an earned extra phone call, canteen participation, or extended bedtime. Each unit should develop a list of privileges to be restricted for failure to comply with unit rules.
3. Loss of Points in the Behavior Management System: Staff may impose a "fine" against a student by subtracting points from a daily score in the facility's behavior management program. This action will serve as a more substantial limit of a student's ability to earn privileges when his behavior does not warrant advancement.

Chapter:
RULES AND DISCIPLINE

Subject:
Minor Rule Infractions

Number: FS-504

Page: 4 of 4

4. Individual Discipline Plan; As devised by the Unit team, this can be used for either short-term or extended discipline and may serve to develop a behavior profile for evaluation reports. The plan may use the listed disciplines for minor infractions or may, with the approval of the Ferris Superintendent and after a Due Process hearing, draw on other sanctions in a response to chronic minor rule violations. Chronic minor rule violations are defined as daily repeated patterns of failure to obey directives, constant horseplay or disruption of the school program. Every effort shall be make by the Unit team to address chronic rule violations without resorting to more restrictive sanctions. However, failure to comply with less restrictive sanctions and chronic minor rule violations during a seven (7) day period may warrant the Individual Discipline Plan procedures for more restrictive disciplines. The Unit team may also review and adjust the student's level in the behavior management program if repeated behavior warrants. Disciplines for chronic minor rule violations shall not exceed continuous confinement in excess of two (2) days or loss of privileges in excess of one (1) week. The plan shall document repeated misbehavior. The form used shall include the relevant facts pertinent to the decision to impose discipline. The Individual Discipline Plan shall contain:

a. Date, time, student's name.

b. Exact minor rule violation.
c. Describe privileges to be suspended.
d. Identification of the steps for student to restore privileges.
e. The Unit team shall consult with the student, informing him of the details of the infraction resulting in suspended privileges. Time expectations for restoration shall be noted.
f. The Unit team shall periodically evaluate the Individual Discipline Plans.
g. Date and time for evaluation of behavior shall be included in the plan.

Effective Date:

Approved By:

Review Date:

Reviewed By:

FERRIS SCHOOL Division of Youth Rehabilitative Services
Chapter: RULES AND DISCIPLINE
Subject: Room Confinement for Control

Number:

Page:

FS-505 Related Standards:

1 of 4

ACA: 3-JTS-3C-O2, 3-JTS-3C-06, 3-JTS-3C-O7, 3-JTS-3C-08

I. POLICY: Room confinement may be used only as a means of control when all other reasonable efforts to control a student's behavior have failed and the behavior poses an immediate threat to the safety of the student or others, is causing major property damage, or would lead to a loss of group control. When the student regains self-control and can safely be returned to regular programming, the student should be released from room confinement.
Room confinement for control and disciplinary room confinement are administered under different policies and procedures. All Youth Rehabilitation Counselors will be oriented to these procedures and special training in behavior management and restraint techniques will be provided to all youth rehabilitation staff.
II. DEFINITIONS:
A. Room Confinement for Control: Room confinement for control is defined as the placement of a student in his sleeping room, or a room designated as a confinement room, for behavioral control reasons.
m . APPROVAL REQUIRED TO USE ROOM CONFINEMENT FOR CONTROL:
A. Room Confinement for Control for Up to One (1) Hour: If a student is deemed out of control by the Unit Manager or YRC Supervisor on duty, the student may be confined in his room or in a room designated as a confinement room, for up to one hour.
1. During that tune, regular efforts should be made by staff to help the student regain control and return to regular activities.
B. Room Confinement for Control for UP to Two (2) Hours: A student may remain in room confinement for control for up to two hours with the approval of the Security Superintendent or his or her designee.
C. Room Confinement for Control for UP to Four (4) Hours: A student may remain in room
confinement for control for up to four hours with the approval of the Ferris Superintendent or his or her designee.

Chapter:
RULES AND DISCIPLINE

Subject:
Room Confinement

Number: FS-5O5

Page: 2 of 4

D. Room Confinement for Control for Longer than Four (4) Hours; Room confinement for control for longer than four hours must be approved by the Division Director or the Deputy Director.
1. Within six hours, an evaluation of the student shall be performed by a mental health professional to determine whether transport to either a psychiatric facility or a medical emergency center is appropriate. Confinement for control shall not be for more than eight hours exclusive of any normal night lockdown tunes.
IV. PROCEDURES FOR USING ROOM CONFINEMENT FOR CONTROL:
A. Prior to placing a student in a confinement room, staff shall carefully inspect the room for any conditions that may allow the student to injure himself.
B. Immediately upon placing a student in room confinement for control, the authorizing staff person shall complete a Room Confinement Incident Report. This report shall include the following information:
1. Name of student;
2. Date and time of incident;
3. Staff present at time of incident;
4. Witnesses to the incident;
5. Description of the incident;
6. Physical intervention required, if any; and
7. Efforts made to control the student's behavior before placement in room confinement for control.
C. The staff person authorizing the room confinement for control shall give prompt notice of the room confinement to the YRC Supervisor on duty who shall make direct personal contact with student during confinement.

Chapter:
RULES AND DISCIPLINE

Subject:
Room Confinement

Number: FS-505

Page: 3 of 4

D. An assigned staff person shall visually check the student every 15 minutes, except that if there is a known risk of suicide, an assigned staff person shall keep the student under continual visual observation.
1. The assigned staff person will record attitude changes, reasons for continuing confinement, all visits, and the physical and emotional condition of the student. This report will become part of the Room Confinement Incident Report.
2. If available, a member of the treatment team will counsel the student at the time of confinement and should repeat intervention every 30 minutes until the student is under control.
3. If the student remains out of control for more than two hours or if the student continues to threaten violent behavior, the YRC Supervisor on duty shall contract the Security Superintendent or his or her designee for permission to continue the room confinement.
E. The Unit Manager or YRC Supervisor on duty during the incident will review the report to determine the appropriateness of the placement. The reviewing staff person will also immediately review the student's file to assess any special needs the student may have which would merit alternatives to room confinement.
1. The reviewing staff person shall insure that a copy of the Room Confinement Incident Report is sent to the case manager for placement in the student's records and that a copy is forwarded to the Security Superintendent's office within 24 hours of the completion of the Room Confinement Incident Report.
a. The exception to this requirement is that if the Room Confinement Incident Report is completed during a weekend, it may be forwarded on the next business day following the completion of the report.
V. CONDITIONS OF ROOM CONFINEMENT FOR CONTROL:
A. Students placed in room confinement for control shall be afforded adequate clothing, heat, light, water, food and medical care during the term of their confinement unless reasonable justification exists for an exception.
B. At no time should more than one student occupy a confinement room.

VI. GROUP RESTRICTION;
A. Group restriction may only be used in the event of a major disturbance that requires immediate group restrictions to insure safety and restore order.

Chapter:
RULES AND DISCIPLINE

Subject:
Room Confinement

Number: FS-5O5

Page: 4 of 4

B. There may be no group restriction without approval of the Security Superintendent or Ferris Superintendent. If the Security Superintendent or Ferris Superintendent are not at the facility at the time of the disturbance, the YRC Supervisor on duty shall immediately contact the Ferris Superintendent by phone while making preparation to quell the disturbance and secure the facility.
C. The Security Superintendent or Ferris Superintendent shall assess the situation based on the staff report and issue directions for the restriction. The staff requesting permission to implement a group restriction may proceed to contact administrators by going sequentially up the chain of command.
D. As soon as a unit is deemed under control or after two hours, whichever period is shorter, those students who have regained control, shall be released from confinement.
1. During the initial two-hour lockdown period, unit and treatment staff shall meet with students individually to counsel them on the need to regain and maintain control, to discuss issues contributing to the loss of control, and to plan for the reintegration of cooperative students in the general resident population.

2. Students who refuse to cooperate or who continue to threaten out-of-control behavior shall be treated according to the provisions of this policy on room confinement for control or shall be subject to the provisions of the policy on discipline.
E. If an emergency condition exists that prevents a majority of the students from being released from room confinement after the initial two-hour period, the Division Director or Deputy Director must be notified for authorization to continue the group room confinement.

Effective Date:

Approved By:

Review Date:

Reviewed By:

FERRIS SCHOOL Division of Youth Rehabilitative Services
Chapter: RULES AND DISCIPLINE
Subject: Physical Restraints

Number: FS-506 Standards: ACA:

Page: 1 of 2

I. POLICY: No physical restraint, in the form of either handcuffs or physical holds by staff, may be used unless a student poses an immediate risk of harm to himself or others or is causing major property damage. Handcuffs may only be used as a device for transport outside of Ferris or as a means of moving a resistant, assaultive student to isolation. Handcuffs are the only mechanical restraints approved for control purposes within Ferris. As part of ongoing training, staff members shall be trained in the techniques of safe physical intervention. Except as provided in Paragraph UI-C below, handcuffs may only be used as a device for transport outside the facility, or as a means of moving a resistant, assaultive youth to isolation. Handcuffs are the only mechanical restraints approved for control purposes within Ferris.

H. DEFINITIONS: None.

III. PROCEDURES:
A. Handcuffing a student to a fixed object is prohibited in all circumstances within the secured perimeter.
B. Only the YRC Supervisor on duty or, in the absence of a supervisor, senior staff YRC on duty, may authorize the use of handcuffs for control.
C. No handcuffs may be used during room confinement for control without the advance approval of the Security Superintendent or his/her designee who shall immediately notify the Ferris Superintendent of the use of the restraint device. The Unit Manager, YRC Supervisor or senior staff person on duty will designate an appropriate person to remain in the room with any student while he is in handcuffs.

1. If a student must be handcuffed longer than one (1) hour in room confinement for control, then medical consultation shall be obtained.
D. Upon gaining control of the student and removal of the handcuffs, the Unit Manager, YRC Supervisor or senior staff person on duty shall question and examine the student to determine if the student was injured during the restraint incident. If any injury is noted, the student shall receive immediate medical attention.

Chapter:
RULES AND DISCIPLINE

Subject:
Physical Restraints

Number: FS-506

Page: 2 of 2

1. Any student who was restrained by handcuffs shall be examined by medical staff at the scheduled sick call immediately after the restraint incident.
E. An Incident Report shall be completed whenever handcuffs are used for control not associated with transportation. This report shall accompany the Room Confinement Incident Report and be reviewed by the Security Superintendent and Ferris Superintendent.
F. Handcuffs are to be stored in a locked storage unit in the Control Room. Permission to remove the handcuffs must be obtained from the Security Superintendent, the Unit Manager, the YRC Supervisor or designee on duty at the time that the use of the handcuffs is requested. All removals of the handcuffs from their locked storage unit shall be logged in the Control Room logbook.

1 Effective Date:
I

Approved By:

Review Date:

Reviewed By:

Chapter: JUVENILE RIGHTS

Subject:
RESIDENT GRIEVANCES/ COMPLAINTS

Number:

Page:

FS-602

5 of 5

VII. REVIEW OF GRIEVANCE PROCEDURES: The Division Director will periodically review grievance resolutions to assure the procedures is properly followed and that decisions are reasonably consistent.

Effective Date:

Approved By:

Review Date:

Reviewed By:

FERRIS SCHOOL RESIDENT
GRIEVANCE/COMPLAINT FORM

NAME:.

UNIT:

DATE INCIDENT HAPPENED: / /

DESCRIBE WHAT HAPPENED:

(USE BACK OF PAPER IF MORE SPACE IS NEEDED) DATE PRESENTED TO UNIT MANAGER: / / UNIT MANAGER'S RESPONSE:

UNIT MANAGER'S SIGNATURE:

RESIDENT'S SIGNATURE:

DECISION ACCEPTED:

YES

DATE: / / DATE: / / NO

IF DECISION IS NOT ACCEPTED, DATE SENT TO SECOND STEP: / /

SECOND STEP DECISION:

SECURITY SUPERINTENDENT'S SIGNATURE:. RESIDENT'S SIGNATURE:

DATE:

DATE: / / / /

DECISION ACCEPTED:

YES

NO

IF DECISION IS NOT ACCEPTED; DATE SENT TO OMBUDSMAN:

/ /

OMBUDSMAN DECISION:

OMBUDSMAN'S SIGNATURE:.
RESIDENT'S SIGNATURE:
PC: Resident's File Central File - Ferris School Superintendent's Office

DATE: / / DATE: / /

FERRIS SCHOOL Division of Youth Rehabilitative Services
Chapter: RULES AND DISCIPLINE
Subject: Rules of Conduct

Number:

Page:

FS-501

1 of 2

Related Standards: ACA: 3-JTS-3C-01, 3-JTS-3C-02,
3-JTS-3C-03, 3-JTS-3C-04

YRS: 16.1, 16.2, 16.3

I. POLICY: The Ferris School's behavior management system, rules of conduct, the disciplinary procedures and the range of penalties that may be imposed for various degrees of rule violations shall be included in the Ferris Student Orientation Handbook. The handbook shall be published and a copy given to all Ferris students and to each staff member. The behavior management system and the Ferris Student Orientation Handbook shall be reviewed annually and updated as necessary.

II. DEFINITIONS. None.
IH. PROCEDURES:
A. Behavior Management System: To assure that an effective treatment environment is established, a behavior management system shall be developed for rewarding students who behave in a responsible way. The behavior management system should emphasize a positive approach toward behavior management.
1. All students must receive an orientation to the behavior management system upon entry into the program to give them an understanding of and to encourage their participation in the behavior management system.

B. Ferris Student Orientation Handbook Distribution. Interpretation and Translation: A copy of the Ferris Student Orientation Handbook containing the rules of conduct, the disciplinary procedures and the range of possible penalties that may be imposed for rule violations (inclusive of restitution for any property damage) shall be given to each student upon admission to Ferris.
1. This information shall also be posted in a conspicuous and accessible area of the students' living areas.

2. Arrangement shall be made by the Unit Manager for translation when a student speaks another language and/or for interpretation if a student has a problem with reading or understanding any portion of the material on the behavior management system or rules of conduct contained in the Ferris Student Orientation Handbook.

Chapter:
RULES AND DISCIPLINE

Subject: Rules of Conduct

Number: FS-501

Page: 2 of 2

C. Staff Training: All staff members will have access to a copy of the Ferris Student Orientation Handbook. All staff who have direct contact with Ferris students will receive, at a minimum, annual in-service training on the behavior management system and the rules and sanctions to insure the consistent and appropriate application of Ferris's reward and sanctioning procedures.

Effective Date:

Approved By:

Review Date:

Reviewed By:

 
 John A. v. Castle

JI-DE-001-006 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

JOHN A. and MARY B. , et al. , )

Plaintiffs,

)

v.

)

MICHAEL N. CASTLE, et al., )

Defendants.

)

\\, V ; N

''V. j>

C.A. No. 90-200 (RRM)

^. ,

'%

STIPULATION FOR SETTLEMENT

This action was filed on May 1, 1990, alleging various deprivations of the constitutional rights of children in the operation of Ferris School and Bridge House. The defendants denied the allegations.
Upon stipulation, on May 19, 1992 this action was certified as a class action pursuant to Fed. R. Civ. P. 23(b)(l), to be maintained on behalf of two subclasses, defined as "all youth who are now or in the future will be confined to the Ferris School" and "all youth who are now or in the future will be confined to the New Castle County Detention Center". (D.I. 25.)
Negotiations then began toward a settlement. However, an impending trial date would have diverted the attention and energies of the parties and their counsel before negotiations could conclude and, accordingly, the action was dismissed without prejudice on May 3, 1993. (D.I. 36, as signed 5/3/93.)

Upon joint motion when negotiations were complete, the action was restored to the active docket (D.I. 43), and the parties have now achieved a negotiated basis for resolution of this litigation, in full settlement of all claims, without admission of fault. (The "Settlement".) Their counsel, signing below, are authorized to settle and conclude this litigation on the following terms:
1. Settlement Agreement. The parties have negotiated the terms of a proposed Settlement Agreement respecting the further operation of Ferris School and the New Castle County Detention Center.
2. Attorney's fees and expenses. The Settlement Agreement does not resolve the issue of plaintiffs' claims for attorneys' fees and costs pursuant to 42 U.S.C. §1988. Plaintiffs reserve the right to present an application in that regard, in accordance with the Local District Rules and the Federal Rules of Civil Procedure.
3. Preliminary and final judicial approval. Promptly following the execution of this Stipulation, counsel shall jointly apply to the Court for entry of an Order (the "Hearing Order") granting preliminary approval of the proposed Settlement, setting the date and time for a final hearing to consider whether the propose Settlement is fair, reasonable and adequate as a basis for compromising the claims of the plaintiff class, and approving a

form of notice to the class thereon, in accordance with Fed. R, Civ. P. 23(e).

Je-fi5?ey> S. Goddess (Del. ''Bar I.D. No. 630) Rosenthal, Monhait, Gross & Goddess, P.A. First Federal Plaza P. 0. Box 1070 Wilmington, DE 19899 (302) 656-4433

Gregg E. Wi\ (Del. Bar I.D. No. Ann Woolfolk (Del. Bar I.D. No. 2642) Deputy Attorneys General Department of Justice State Office Building 820 N. French Streets Wilmington, DE 19801 (302) 577-2500 Attorneys for Defendants

Margaret Winter 7 ^ National Prison Project
of the ACLUF 1875 Connecticut Avenue, N.W. Suite 410 Washington, DC 20009
Attorneys for Plaintiffs

 
 John A. v. Castle

JI-DE-001-009 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

JOHN A. and MARY B., et al., )

)

Plaintiffs,

)

)

v.

)

) MICHAEL N. CASTLE, et al., )

)

Defendants.

)

C.A. No. 90-200 (RRM)

STIPULATION AND AGREEMENT FOR SETTLEMENT AND ENTRY OF CONSENT DECREE

This action was filed on May 1, 1990, alleging various deprivations of the constitutional rights of children in the operation of Ferris School and Bridge House. The defendants denied the allegations.
On stipulation, on May 19, 1992 this action was certified as a class action pursuant to Fed. R. Civ. P. 23(b)(l), to be maintained on behalf of two subclasses, defined as "all youth who are now or in the future will be confined to the Ferris School" and "all youth who are now or in the future will be confined to the New Castle County Detention Center". (D.I. 25.)
Negotiations then began toward a settlement. However, an impending trial date would have diverted the attention and energies of the parties and their counsel before negotiations could conclude and, accordingly, the matter was dismissed without prejudice on May 3, 1993. (D.I. 36, as signed 5/3/93.)

The parties have now achieved a negotiated basis for resolution of this litigation, in full settlement of all claims and without admission of fault. Their counsel, signing below, are authorized to enter into this Stipulation And Agreement, on the following terms:
1. Consent Agreement And Decree. The parties have negotiated the terms of a proposed Consent Decree respecting the further operation of Ferris School and the New Castle County Detention Center, which proposed decree as agreed is attached hereto at Tab 1.
2. Attorney's fees and expenses. The Consent Decree does not resolve the issue of plaintiffs' claims for attorneys' fees and costs pursuant to 42 U.S.C. §1988. Plaintiffs' reserve the right to present an application in that regard, in accordance with the Local District Rules and the Federal Rules of Civil Procedure.
3. Preliminary and final judicial approval. Promptly following the execution of this Stipulation And Agreement, counsel shall jointly apply to the Court for entry of an Order vacating the earlier dismissal, granting preliminary approval of the proposed settlement, setting the date and time for a hearing for final consideration and review of the settlement, and approving a form of

notice to the class thereon, in accordance with Fed. R. CJ 23(e).

s« Goddess (Del?Bar I.D. No. 630) Rosenthal, Monhait, Gross & Goddess, P.A. First Federal Plaza P. 0. Box 1070 Wilmington, DE 19899 (302) 656-4433

Gregg E . (Del. Bar I.D. Ann Woolfolk (Del. Bar I.D. No. 2642) Deputy Attorneys General Department of Justice State Office Building 820 N. French Streets Wilmington, DE 19801 (302) 577-2500 Attorneys for Defendants

Margaret Winter J////*' National Prison Project
of the ACLUF 1875 Connecticut Avenue, N.W. Suite 410 Washington, DC 20009
Attorneys for Plaintiffs

 
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U.S. District Court District of Delaware (Wilmington) CIVIL DOCKET FOR CASE #: 1:90-cv-00200-RRM

CLOSED

John A, et al v. Castle, et al Assigned to: Judge Roderick R. McKelvie Demand: $0 Cause: 42:1983 Prisoner Civil Rights Plaintiff John A. formerly confined at the Ferris School
Plaintiff Mary B. formerly confined at the Bridge House
Plaintiff Paul C.

Date Filed: 05/01/1990 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question
represented by Jeffrey S. Goddess Rosenthal, Monhait, Gross & Goddess 919 Market Street, Suite 1401 P.O. Box 1070 Wilmington, DE 19899-1070 (302) 656-4433 Email: jgoddess@rmgglaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph A. Rosenthal Rosenthal, Monhait, Gross & Goddess Mellon Bank Center, Suite 1401 P.O. Box 1070 Wilmington, DE 19899-1070 (302) 656-4433 Email: jrosenthal@rmgglaw.com TERMINATED: 01/21/1992 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jeffrey S. Goddess (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph A. Rosenthal (See above for address) TERMINATED: 01/21/1992 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jeffrey S. Goddess

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currently confined at the Ferris School
Plaintiff Edward D. currently confined at the Ferris School
Plaintiff Helen E. currently confined at the New Castle County Detention Center, by and through their next friend
Plaintiff Max S. Bell, Jr. individually and on behalf of all others similarly situated
V. Defendant

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph A. Rosenthal (See above for address) TERMINATED: 01/21/1992 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jeffrey S. Goddess (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph A. Rosenthal (See above for address) TERMINATED: 01/21/1992 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jeffrey S. Goddess (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph A. Rosenthal (See above for address) TERMINATED: 01/21/1992 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jeffrey S. Goddess (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph A. Rosenthal (See above for address) TERMINATED: 01/21/1992 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Michael N. Castle Governor of the State of Delaware
Defendant Charles E. Hayward Secretary of the Department of Services for Children, Youth and Their Families
Defendant Patrick McCarthy Director, Division of Youth Rehabilitative Services
Defendant Midge Holland

represented by Aleph Ann Woolfolk Department of Justice State of Delaware 820 N. French Street, 8th Floor Carvel Office Building Wilmington, DE 19801 (302) 577-8500 Email: ann.woolfolk@state.de.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregg E. Wilson New Castle County Law Dept. New Castle Corporate Commons 87 Reads Way New Castle, DE 19720 (302) 395-5146 Email: gewilson@co.new-castle.de.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Aleph Ann Woolfolk (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregg E. Wilson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Aleph Ann Woolfolk (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregg E. Wilson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Aleph Ann Woolfolk (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregg E. Wilson

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Defendant Richard A. Shaw Superintendent of Ferris School
Defendant Alfred Jackson
Defendant Gwendolyn Angalet Director of the Division of Administrative and Support Services; all of the above in their official capacities
Defendant Gertrude Holland Deputy Director, Division of Youth Rehabilitative Services
Defendant Henry Skip Keith

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Aleph Ann Woolfolk (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregg E. Wilson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Aleph Ann Woolfolk (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregg E. Wilson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Aleph Ann Woolfolk (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregg E. Wilson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Aleph Ann Woolfolk (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregg E. Wilson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Aleph Ann Woolfolk

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Chief of Secure Care

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregg E. Wilson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/01/1990 01/07/1991 01/08/1991 01/08/1991
02/06/1991 02/19/1991 03/05/1991 03/11/1991 03/11/1991 03/12/1991 08/05/1991

#

Docket Text

1 COMPLAINT filed; FILING FEE $ 120.00 RECEIPT # 90170 (maw) (Entered: 02/15/1991)

12 STIPULATION w/ pro order, time to answer ext. to 2/7/91; defts. waive obj. to subst. of new class & to certification of pltfs' class on ground of delay. (maw) (Entered: 02/15/1991)

So Ordered granting [12-1] stipulation ( signed by Judge Caleb M. Wright ) Notice to all parties. (maw) (Entered: 02/15/1991)

Deadline updated; reset Answer deadline to 2/7/91 for Richard A. Shaw, for Patrick McCarthy, for Alfred Jackson, for Midge Holland, for Charles E. Hayward, for Michael N. Castle, for Gwendolyn Angalet (maw) (Entered: 02/15/1991)

13 STIPULATION, w/ pro order, time for defts. to answer ext. to 8/5/91, defts. waive obj. to subst. of new class representatives & to certification of pltfs' class on ground of delay. (maw) (Entered: 02/15/1991)

So Ordered granting [13-1] stipulation ( signed by Judge Caleb M. Wright ) Notice to all parties. (ko) (Entered: 02/21/1991)

14 MOTION by John A., Mary B., for Alexa P. Freeman to Appear Pro Hac Vice (maw) (Entered: 03/07/1991)

15 MOTION by John A., Mary B., for Elizabeth R. Alexander to Appear Pro Hac Vice (ko) (Entered: 03/11/1991)

So Ordered granting [14-1] motion for Alexa P. Freeman to Appear Pro Hac Vice ( signed by Judge Caleb M. Wright ) Notice to all parties. (ko) (Entered: 03/11/1991)

So Ordered granting [15-1] motion for Elizabeth R. Alexander to Appear Pro Hac Vice ( signed by Judge Caleb M. Wright ) Notice to all parties. (ko) (Entered: 03/12/1991)

16 STIPULATION & PRO. ORDER:resp. to complaint by 11/4/91; defts. waive any objection to substitution of new class representatives & to cert. of pltfs' class on grnd. of delay;either party may terminate this stip. upon 30 day notice to court & opposing cnsl. per conditions in stip. (bkb) (Entered: 08/06/1991)

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08/08/1991
11/05/1991
11/05/1991 01/03/1992 01/07/1992 01/10/1992
01/14/1992 01/16/1992 02/24/1992 03/31/1992 04/24/1992 04/24/1992 05/19/1992

So Ordered granting [16-1] stipulation reset Answer deadline to 11/4/91 for Richard A. Shaw, for Patrick McCarthy, for Alfred Jackson, for Midge Holland, for Charles E. Hayward, for Michael N. Castle, for Gwendolyn Angalet ( signed by Judge Caleb M. Wright ) Notice to all parties. (ko) (Entered: 08/08/1991)
17 STIPULATION re extension of time for defts to answer to 1/3/92; defts waive any objection to substitution of new class representatives; defts waive any objection to certification of pltfs' class on the ground of delay caused by enlargement of time; either party may terminate this stipulation upon 30 day notice provided that termination does not abrogate waivers in paragraphs 2 and 3 of this stipulation with proposed order (ko) (Entered: 11/08/1991)
So Ordered granting [17-1] stipulation ( signed by Judge Caleb M. Wright ) Notice to all parties. (ko) (Entered: 11/08/1991)
18 STIPULATION for plaintiff to file amended complaint 1/10/92; defendants shall answer amended complaint 2/24/92 with proposed order (ko) (Entered: 01/06/1992)
So Ordered granting [18-1] stipulation ( signed by Judge Caleb M. Wright ) Notice to all parties. (ko) (Entered: 01/10/1992)
19 AMENDED COMPLAINT by John A., Mary B. , (Answer due 1/20/92 for Richard A. Shaw, for Patrick McCarthy, for Alfred Jackson, for Midge Holland, for Charles E. Hayward, for Michael N. Castle, for Gwendolyn Angalet ) amending [1-1] complaint against Gertrude Holland, Henry Skip Keith (nj) (Entered: 01/15/1992)
Deadline updated; reset Answer deadline to 2/24/92 for Henry Skip Keith, for Gertrude Holland, for Richard A. Shaw, for Patrick McCarthy, for Alfred Jackson, for Midge Holland, for Charles E. Hayward, for Michael N. Castle, for Gwendolyn Angalet (bkb) (Entered: 01/15/1992)
20 CASE reassigned to Judge Sue L. Robinson (lm) (Entered: 01/16/1992)
21 ANSWER to Complaint by Patrick McCarthy, Richard A. Shaw, Gertrude Holland, Henry Skip Keith, Gwendolyn Angalet, Michael N. Castle, Charles E. Hayward, Midge Holland, Alfred Jackson (Attorney Ann Woolfolk), (lf) (Entered: 02/25/1992)
22 CASE reassigned from Judge Robinson to Judge Roderick R. McKelvie (lf) (Entered: 04/01/1992)
23 STATUS REPORT by Paul C., Edward D., Helen E., Max S. Bell Jr., John A., Mary B. (lf) (Entered: 04/27/1992)
24 MOTION by Paul C., Edward D., Helen E., Max S. Bell Jr., John A., Mary B. to Certify Class Opening brief due 5/8/92 re: [24-1] motion (lf) (Entered: 04/27/1992)
25 STIPULATED ORDER FOR CLASS CERTIFICATION; pro. order (ds) (Entered: 05/19/1992)

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05/20/1992 06/12/1992 06/15/1992
06/15/1992 11/25/1992 11/25/1992 12/02/1992 12/04/1992 12/04/1992 12/09/1992
01/25/1993 02/01/1993 02/11/1993 02/23/1993 03/26/1993 04/02/1993

So Ordered granting [25-1] stipulation ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (ko) (Entered: 05/22/1992)
Scheduling conference held (ko) (Entered: 06/17/1992)
26 SCHEDULING ORDER setting Joining of parties,amending of pleadings on 1/28/93 ; Discovery cutoff 2/16/93 ; Deadline for filing dispositive motions 2/18/93 Pretrial conference for 4:00 4/6/93 ; Trial Date Deadline 9:15 4/19/93 ; Proposed Pretrial Order due on 4/1/93 ( signed by Judge Roderick R. McKelvie ) copies to: counsel (ko) (Entered: 06/17/1992)
Deadline updated; set Status Report deadline to 11/25/92 , set Status Conference for 4:00 12/2/92 (ko) (Entered: 06/17/1992)
27 INTERIM STATUS REPORT by John A., Mary B., Paul C., Edward D., Helen E., Max S. Bell Jr. (lg) (Entered: 11/25/1992)
28 Letter from G. Wilson to Judge McKelvie regarding the progress of the case in preparation for a status conference to be held 12/02/92. (lg) (Entered: 11/25/1992)
Status conference held w/Judge McKelvie - ct rptr V. Gunning (lg) (Entered: 12/03/1992)
29 Letter from Judge McKelvie to cnsl as a follow-up to 12/02/92 conference & to confirm an in-chambers conf @ 4pm on Thurs, 02/11/93. (lg) (Entered: 12/04/1992)
Deadline updated; set In-Chambers Status Conference for 4:00 2/11/93 , set Pretrial Conference for 3:00 4/13/93 , set Bench Trial for 9:15 beginning on 4/19/93 ending on 04/30/93 (lg) (Entered: 12/04/1992)
30 CERTIFICATE OF SERVICE by Gwendolyn Angalet, Michael N. Castle, Charles E. Hayward, Midge Holland, Alfred Jackson, Patrick McCarthy, Richard A. Shaw, Gertrude Holland, Henry Skip Keith copies Defts' 1st Set of Interrogs to Pltfs & 1st Set of Req for Prod of Docs. (lg) (Entered: 12/10/1992)
Deadline updated; set Telephone Conference for 8:30 1/29/93 (lg) (Entered: 01/25/1993)
31 Steno Notes for 01/29/93 telephone conf - ct rptr E. Maurer. (lg) (Entered: 02/02/1993)
Status conference held no court reporter was needed. (lg) (Entered: 02/16/1993)
32 CERTIFICATE OF SERVICE filed by State Defendants copies of Defts' Responses to Pltfs' First Set of Interrogs. (lg) (Entered: 02/23/1993)
33 Letter from Judge McKelvie to cnsl RE: withdrawal of lawsuit & refiling at a later date. (lg) (Entered: 03/29/1993)
34 Letter from G. Wilson on behalf of all parties to Judge McKelvie in response to the Judge's 03/26/93 letter. (lg) (Entered: 04/05/1993)

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04/06/1993 04/06/1993 04/23/1993 04/23/1993 04/23/1993 05/03/1993 05/03/1993 07/13/1993 07/14/1993
12/22/1993
01/05/1994 01/14/1994 01/14/1994 01/20/1994
01/20/1994

35 Proposed Confidentiality Order filed by John A., Mary B., Paul C., Edward D., Helen E., Max S. Bell Jr. (lg) (Entered: 04/07/1993)
36 STIPULATION of dismissal without prejudice with a proposed order. (lg) (Entered: 04/07/1993)
So Ordered [35-1] proposed confidentiality order ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (lg) (Entered: 04/23/1993)
37 Letter to cnsl from Judge McKelvie w/copies of D.I. #35 so ordered. (lg) (Entered: 04/23/1993)
38 Letter from Judge McKelvie to cnsl re: Stipulation of Dismissal Without Prejudice filed with the Court. (lg) (Entered: 04/23/1993)
So Ordered granting [36-1] dismiss/dismissal stipulation See order for all information on conditions of settlement, etc. ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (lg) (Entered: 05/03/1993)
Case closed (lg) (Entered: 05/03/1993)
39 Letter from J. Goddess to Judge McKelvie RE: 07/15/93 date for re-filing an identical complaint. (lg) (Entered: 07/14/1993)
40 Letter from Judge McKelvie to J. Goddess to acknowledge that he has received Mr. Goddess' 07/13/93 letter & that he does share the parties' view w/regard to the 07/15/93 date in the Stipulation. (lg) (Entered: 07/15/1993)
41 Letter from J. Goddess to Judge McKelvie requesting on behalf of pltf to hold a Rule 16(b) Scheduling Conference for the first week of January 1994 to resolve the issue of closing forms and procedure. (lg) (Entered: 12/27/1993)
Tele-conference held - ct rptr H. Conover. (lg) (Entered: 01/05/1994)
Tele-conference held - ct rptr H. Conover. (lg) (Entered: 01/14/1994)
42 Letter from Judge McKelvie to cnsl to follow up the 01/14/94 telephone conferende RE: Settlement. (lg) (Entered: 01/14/1994)
43 MOTION by Gwendolyn Angalet, Michael N. Castle, Charles E. Hayward, Midge Holland, Alfred Jackson, John A., Mary B., Patrick McCarthy, Richard A. Shaw, Gertrude Holland, Henry Skip Keith, Paul C., Edward D., Helen E., Max S. Bell Jr. with Proposed Order to Vacate Dismissal without prejudice (D.I. #36, as signed on 05/03/93) and restore case to the active docket with all antecedent orders and rulings valid and effective, including class certification (lg) (Entered: 01/20/1994)
So Ordered granting [43-1] motion to Vacate Dismissal without prejudice (D.I. #36, as signed on 05/03/93) and restore case to the active docket with all antecedent orders and rulings valid and effective, including class certification ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (lg) (Entered: 01/20/1994)

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01/20/1994 02/02/1994 02/07/1994 02/08/1994
02/14/1994
02/16/1994
02/17/1994 03/02/1994 03/23/1994 03/25/1994
03/25/1994 03/28/1994 03/28/1994
04/29/1994
05/06/1994 05/06/1994 05/06/1994 05/06/1994

Case reopened (lg) (Entered: 01/20/1994)
44 TRANSCRIPT filed for dates of 02/14/94 telephone conference - ct rptr H. Conover. (lg) Modified on 02/03/1994 (Entered: 02/03/1994)
45 Letter from Jeffrey S. Goddess to Judge McKelvie RE: Changes to the Consent Agreement and Decree. (lg) (Entered: 02/08/1994)
46 Notice of Deficiency from the court to Jeffrey S. Goddess, Esq. for the 02/07/94 Letter. The letter failed to indicated the method of delivery to all local counsel and the Court. (lg) (Entered: 02/08/1994)
47 MOTION by John A., Mary B., Paul C., Edward D., Helen E., Max S. Bell Jr. with Proposed Order for Margaret Winter to Appear Pro Hac Vice (lg) (Entered: 02/15/1994)
So Ordered granting [47-1] motion for Margaret Winter to Appear Pro Hac Vice ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (lg) (Entered: 02/16/1994)
48 Proposed NOTICE to All Youth at Ferris School and New Castle County Detention Center. (lg) (Entered: 02/17/1994)
Tele-conference held - ct rptr V. Gunning. (lg) (Entered: 03/02/1994)
49 Steno Notes for 01/05/94 - ct rptr H. Conover (lg) (Entered: 03/23/1994)
50 Proposed Hearing Order filed by all parties. Please see order for details on the proposed settlement agreement, the May 6, 1994, 10:00 a.m. hearing date, etc. (lg) (Entered: 03/28/1994)
51 SETTLEMENT AGREEMENT (lg) (Entered: 03/28/1994)
So Ordered [50-1] proposed order ( signed by Judge Roderick R. McKelvie ) Notice to all parties. (lg) (Entered: 03/28/1994)
Deadline updated; Motion Hearing set for May 6, 1994 at 10:00 a.m. in Courtroom #6 for the purpose of determining whether the proposed settlement is fair, reasonable and adequate as a basis for compromising the claims of the Class. (lg) (Entered: 03/28/1994)
52 MEMORANDUM by John A., Mary B., Paul C., Edward D., Helen E., Max S. Bell Jr. in support of [51-1] remark Approval of Class Action Settlement. (lg) (Entered: 05/02/1994)
Motion hearing held RE: Settlement Agreement - ct rptr K. Maurer. (lg) (Entered: 05/06/1994)
53 STIPULATION/Agreement of Settlement - See Agreement for Terms. (lg) (Entered: 05/06/1994)
54 STIPULATION/Agreement of Settlement - See Agreement for Terms. (lg) (Entered: 05/06/1994)
55 ORDER Final Judgment and Order of Dismissal - Judge McKelvie found the negotiated settlement agreement to be fair, resonable and adequate as

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05/06/1994 05/06/1994 06/03/1994 10/02/1997

a basis for compromising the claims of the pltf Class, and he approved it. Atty's fees and costs set forth in the agreement are reasonable and consistent with the negotiated settlement. This action is DISMISSED, WITHOUT PREJUDICE. Pltfs may move to reopen this case/to request that the Court order the performance of the negotiated settlement agreement. See Order for More Information. ( signed by Judge Roderick R. McKelvie ) copies to: Woolfolk, Wilson & Goddess (lg) (Entered: 05/06/1994)
Case closed (lg) (Entered: 05/06/1994)
56 Steno Notes by Kevin Maurer. (lg) (Entered: 05/12/1994)
57 Steno Notes for 01/14/94 - ct rptr H. Conover (lg) (Entered: 06/06/1994)
58 Letter dated 9/30/97 from G. Wilson, Esq. and A. Woolfolk, Esq. to Judge McKelvie encl. copy of Agreement of Final Settlement and final monitoring report re litigation has been fully resolved. (ntl) (Entered: 10/03/1997)

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