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ACLU Urges State to Act on Department of Justice Findings on Youth Correctional Facility
August 12, 2005

Honolulu - The American Civil Liberties Union of Hawaii (ACLU) urged State officials to act immediately on the findings released today about the Department of Justice’s investigation into conditions and practices at the Hawaii Youth Correctional Facility (HYCF) many of which were problems uncovered by an earlier ACLU investigation.

“Our primary concern has always been the well-being and safety of the youth who are in the facility. The Department of Justice report validates many of the disturbing conditions and practices earlier uncovered by the ACLU,” said Legal Director Lois Perrin.

The Department of Justice findings, in a 30-page report addressed to Governor Linda Lingle, detail systemic problems found during its investigation, which began in October 2004.

The Department found that “certain deficiencies violate the constitutional and federal statutory rights of the youth confined at HYCF. In particular, we find that youth confined at HYCF suffer harm or risk of harm from constitutional deficiencies in the facility’s confinement practices, suicide prevention procedures, and provisions of access to mental health and medical care services. We also find that the State fails to provide access to required education services pursuant to the Individuals with Disabilities Education Act (“IDEA”).

Other deficient areas identified were a failure to protect wards from staff abuse and exploitation, a failure to investigate abuse of youth, a defunct grievance process for youth, lack of training for staff and failure to provide access to educational services and staff shortages resulting in a system dictated by poorly trained Youth Correctional Officers rather than professionally recognized correctional practices.

Perrin said, “our concern is about the lack of sufficient progress made by the State, not only since the ACLU’s 2003 report, but since Department of Justice probe. In the meantime, youths’ lives continue to be at risk daily to the distress of their families and others who are trying to help them.”

The ACLU will be analyzing the report and over the next several weeks to decide on its next course of action.

In the meantime, the ACLU urged the community to keep the pressure on the State to fulfill its responsibility of protecting youth in its custody.

“We need the community to continue putting pressure on the State if reform is to happen and for HYCF to get the resources its needs to do its job. Everyone has a stake in ensuring that HYCF youth are eventually and successfully reunited with their families and have a chance at productive lives,” said Executive Director Vanessa Y. Chong.

The ACLU’s report was made in August 2003 and the organization since that time has repeatedly pushed for reforms at the HYCF.

The mission of the Hawai‘i affiliate of the ACLU is to protect the civil liberties contained in the state and federal constitutions through litigation, legislative and public education programs statewide. The ACLU is funded primarily through private donations and offers its services at no cost to the public. The ACLU does not accept any government funds.


Related Information:
Department of Justice Findings


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