A Roadmap to Transformation of Virginia`s Department of Juvenile

21st Annual Robert E. Shepherd Jr.
Juvenile Law & Education Conference
The Need By The Numbers:
Virginia
 In FY 2015, the average daily population in the juvenile
correctional centers was 509.
 The cities of Norfolk and Newport News had the highest
number of commitments to the Department (38 and 30,
respectively). 68 localities (51.1%) had no commitments.
 There were 9,141 detainments of youth.
 The highest number of detainments in FY 2015 were in
Newport News Juvenile Detention Center (700).
Citation: 2015 Data Resource Guide, Virginia Department of Juvenile Justice,
http://www.djj.virginia.gov/pdf/AboutDJJ/DRG/FY2015_DRG.pdf
The Need By The Numbers:
Virginia
 40% of the youth in juvenile correctional centers have
identified special education needs.
 In FY 2015, the highest SOL pass rate was 28.2% on the
English SOL, and the lowest SOL pass rate was 7.2%.
 80.8% of female and 63.1% of males appeared to have
significant symptoms of a mental health disorder.
Citation: 2015 Data Resource Guide, Virginia Department of Juvenile Justice,
http://www.djj.virginia.gov/pdf/AboutDJJ/DRG/FY2015_DRG.pdf
Education Advocacy for Detained and
Committed Youth : Issue
Total Inadequacy
Education Advocacy for Detained and Committed Youth :
Legal Protections
 The Individuals with Disabilities Education Act (IDEA),
Americans with Disabilities Act (ADA), and Section 504 of the
Rehabilitation Act are the foundation of protections for youth in
juvenile facilities.
 Youth with disabilities in juvenile facilities are entitled to receive
a free appropriate public education (FAPE), and have the same
disciplinary protections as other students, and the same right to
participate in programming as their peers who do not have
disabilities.
Education Advocacy for Detained and Committed Youth
Legal challenges: DOJ Letter of Findings
 Investigation of the Scioto Juvenile Correctional
Facility, Delaware, Ohio (2007)
 Inadequate child find procedures
 Inadequate parental involvement
 Inadequate provision of transition services
 Inadequate implementation and monitoring of IEPs
Education Advocacy for Detained and Committed Youth
Legal challenges: DOJ Letter of Findings
 Investigation of the Indianapolis Juvenile Correctional
Facility (Jan. 2010)-
 Inadequate child find procedures- facility would give a
student a questionnaire asking whether they were in regular,
advanced, or special education.
 Inadequate general education interventions- no pre-referral
interventions, data collection, or observations.
 Inadequate IEPs- inadequate records obtained at intake,
inadequate timeliness of IEP reviews, missing IEP team
signatures, inadequate IEP implementation and data
collection.
Education Advocacy for Detained and Committed Youth
Legal challenges: DOJ Letter of Findings
 Pendleton Juvenile Correctional Facility in Indiana (2012) Inadequate transition planning for youth leaving the facility.
 Inadequate child find
 Inadequate access to general education and special
education services- Providing school for only one hour per
day for youth in behavior modification units (segregation
units).
 Inadequate student behavior services.
Education Advocacy for Detained and Committed Youth
Legal Challenges
 G.F. v. Contra Costa County (2014) Case
 A federal class-action complaint filed against
Contra Costa County for subjecting youth with
disabilities to solitary confinement for behavior
related to their disability.
 In addition, youth were denied special education,
related services, and rehabilitation services while
in solitary confinement.
Education Advocacy for Detained and Committed Youth
U.S. DOJ & DOE Statement of Interest in
G.F. v. Contra Costa
“Despite their pronouncements to the contrary,
Defendants, the Contra Costa County Office of
Education and Contra Costa County, have a legal
obligation to avoid placing students with disabilities in
restrictive security programs on the basis of their
disabilities. In addition, Defendants are required to
provide special education and related services to youth
with disabilities in restrictive security programs.” U.S.
DOJ and U.S. DOE Statement of Interest
Education Advocacy for Detained and Committed Youth
USDOJ & DOE Guidance
“Public agencies cannot avoid their IDEA obligations,
including the discipline procedures, by contracting,
transferring them to, or sharing them with another agency.
Therefore, we expect that correctional facilities will not use
discipline methods that deprive eligible students with
disabilities of FAPE.”
 Dear Colleague Letter on the Individuals with Disabilities
Education Act for Students with Disabilities in Correctional
Facilities (2014)
 Dear Colleague Letter on Correctional Education (2014)
 Guiding Principles for Providing High-Quality Education in
Juvenile Justice Secure Care Settings (2014)
Education Advocacy for Detained and Committed Youth:
School Re-Enrollment
• Virginia law and regulations require specific actions on
the part of the Department of Juvenile Justice and
school divisions to facilitate the timely re-enrollment
of youth leaving juvenile correctional facilities and
juvenile detention facilities after more than 30 days of
confinement.
• Va. Code Section 16.1-293,
• Va. Code Section 22.1-17.1,
• 8 VAC 20-660-10
Education Advocacy for Detained and Committed Youth:
School Re-Enrollment
• DJJ must let their education division (principal) know that a
youth might be leaving 30 calendar days prior to their
release or to the date of a review hearing.
• 25 calendar days prior to release or court review, the
Division of Education must gather and transfer records to
the local school division along with an overview of the reenrollment process.
• The school division’s re-enrollment coordinator must
schedule a meeting within 10 school days of receiving the
information.
Education Advocacy for Detained and Committed Youth:
School Re-Enrollment
• The re-enrollment meeting should include a re-enrollment
team that includes the parent, youth, re-enrollment
coordinator, school principal, parole officer, and a special
education director if the student has a disability.
• A final re-enrollment plan shall be provided to the student,
parent, and to all transition and re-enrollment members no
later than 10 calendar days prior to release.
• The plan must make it possible for the student to be enrolled
and receive instruction within 2 school days of release.
Administrative Advocacy: Reviews of
Length of Stays
 In August 2015, the Department of Juvenile Justice adopted new
guidelines on the length of stay for youth who are
indeterminately committed to the Department. The guidelines
became effective on October 15, 2015.
 While VA Code Section 16.1-285 permits the Department of
Juvenile Justice to hold indeterminately committed youth for up
to 36 months. The Department now follows guidelines that
provide for youth to be held for up to 15 months with some
exceptions.
Administrative Advocacy: Reviews of
Length of Stays
 There are mandatory case reviews by the central review
committee required at the late release date for the juvenile;
 Twelve months past the date of commitment for juveniles who
have a sentence under the treatment override section of the
guidelines;
 Each indeterminately committed juvenile who remains in direct
care for 15 months shall have their case reviewed by the Director
of the Department.
Administrative Advocacy: Reviews of
Length of Stays
 Review re-entry options for your client.
 Submit a letter to the central review committee and the Director
on behalf of your client.
 Refer your client’s case to the Children’s Defense Clinic or the
JustChildren Program.
Advocacy at Serious Offender Review Hearings
• Under Va. Code Section 16.1-285.2, youth committed as serious
offenders are given hearings in front of their committing court. The
judge may consider “any factors the court deems relevant.”
• Request records from DJJ through Lara Jacobs Todd
• Ask for records that track your clients progress
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Direct Care Admissions History Report
Classification & Treatment Team Records
Discipline Incident Reports
BADGE Records
Career & Technical Education Certificates
Advocacy at Serious Offender Review Hearings
• Schedule phone calls with your client through their DJJ counselor or
schedule legal visits through Superintendent Parrish or
Superintendent Vargas.
• Identify potential witnesses who have seen your client’s progress in
the institution or are willing to support them upon release.
• If your client works in the institution or in the Work Education
Release Program, encourage them to start paying off their
restitution and court costs.
• Connect with a reentry specialist and the client’s parole officer to
nail down their reentry plan if the client wants to ask for release.
Advocacy for Independent Living Services
• Under Virginia Code Section 63.2-905.1, youth ages 18-21 who
were in the custody of the Department of Social Services (DSS)
immediately prior to their commitment to DJJ are eligible to
receive independent living service from their local DSS.
• Each DSS has a different process or requirements for initiating
services, so its important to contact them or have your client
write them a letter requesting services and additional
information.
Jeree Thomas, Esq.
JustChildren Program, Legal Aid Justice Center
123 East Broad Street, Richmond, VA 23219
[email protected]
804-521-7310