The Justice Department has announced a statewide investigation into conditions at eight youth detention centers and one youth development center run by the Kentucky Department of Juvenile Justice. The probe will assess whether Kentucky safeguards children in these facilities from harm caused by excessive force by staff, prolonged and punitive isolation, and inadequate protection from violence and sexual abuse. Additionally, the investigation will scrutinize whether Kentucky provides sufficient mental health services and necessary special education to children with disabilities.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said, “Confinement in the juvenile justice system should help children avoid future contact with law enforcement and mature into law-abiding, productive members of society. Too often, juvenile justice facilities break our children, exposing them to dangerous and traumatic conditions.” She added that the investigation aims to ensure that children in Kentucky youth detention facilities are safe from harm, receive adequate mental health care, and get appropriate special education services.
U.S. Attorney Mike Bennett for the Western District of Kentucky expressed readiness to protect the rights of all children in Kentucky, including those who end up in juvenile detention. He said they look forward to partnering with the Civil Rights Division and their colleagues in the Eastern District to conduct a fair and thorough investigation of these allegations.
The focus of this investigation is on detention centers which primarily hold children awaiting a court hearing. On average, a child stays in detention for 27 days. Research indicates that even far shorter stays can have profound and potentially lifelong negative consequences for children.
The department has not reached any conclusions regarding these allegations yet. The investigation will be conducted under the Civil Rights of Institutionalized Persons Act and the Violent Crime Control and Law Enforcement Act - both statutes grant the department authority to investigate systemic violations of young people's rights in juvenile justice facilities.
The Civil Rights Division’s Special Litigation Section is conducting this investigation jointly with the U.S. Attorneys’ Offices for the Western and Eastern Districts of Kentucky. Individuals with relevant information are encouraged to contact the department.
The division recently secured a settlement agreement involving the South Carolina Department of Juvenile Justice’s Broad River Road Complex and is currently investigating conditions at five post-adjudication facilities for children in Texas.