Issues with the Office of Refugee Resettlement program and recommended improvements were identified by the Yolo County grand jury in its 2018-19 report.
Run out of the Juvenile Detention Center on East Gibson Road, the county’s contract with the federal government to keep 24 of the facility’s 90 beds available for young refugees who have been charged with a crime or are considered a threat to themselves or others brings in millions in funding annually.
During recent conversations about possibly closing or repurposing the center due to underuse, it was revealed that ORR funds account for roughly 68% of the $10.2 million budgeted for operations at the JDF in fiscal year 2019-20.
Over the years, local staff has deemed many of the youth “inaccurately assessed” by ORR. When appropriate, the youngsters have been released to family or sponsors or transferred to “less severe” settings, the report states.
The average daily population of ORR youth housed in Woodland was 12 in 2019’s first quarter — down from an average of 18 per day in 2018.
After receiving complaints about the health and wellbeing of “unaccompanied alien children” placed at the hall, the grand jury launched an investigation. Yolo County probation department employees, administrators, contractors, educators and immigration attorneys were interviewed and documents such as court filings and rulings and JDF and ORR records were reviewed. Grand jurors also toured the juvenile hall.
These are the 18 findings listed in the report:
• As viewpoints given by JDF staff and contractors differ from the opinions of people advocating for the youth, it’s difficult for an “investigating body” to get to the truth on matters such as quality of education, the sufficiency of healthcare services or lack of privacy.
• Lack of access to the probation’s policy and procedures through the county’s website denies the public an opportunity to offer suggestions for improvement. Access to the documents is also necessary in ensuring the proper treatment of detained youth.
• Notices of Placement filled out by staff often lack details for placement and release, causing anxiety for the youth.
• Reasons ORR gives for referring youth for placement at the JDF can be “inappropriate.”
• The controversial presence and use of pepper spray in pods conflicts with the mandated “homelike” environment that is supposed to be created.
• A number of the ORR youth do not have criminal pasts or gang affiliations but are housed with people who do.
• A behavioral therapist is not mandated to be in the pods, meaning an expert is not always present to resolve problems before de-escalation tactics are needed.
• Behavioral therapists don’t have to attend reviews of use-of-force incidents, meaning officers may not get expert advice in a timely manner or at all.
• Due to the use of pepper spray, limited outside time and lack of phone privacy, the JDF failed to meet legal mandates to “not be operated as a jail, prison, or penal institution and shall be operated in all respects to model a homelike environment.”
• There have been successful lawsuits against ORR for violations for the Flores Settlement at the JDF.
• The Flores Settlement is being violated because youth can’t make private calls.
• The right to use a recently added videoconferencing system is not included in the Youth Handbook or current policies and procedures manual so access can be denied indiscriminately.
• The program has financial benefits but also leaves the county at risk of potential litigation regarding violations of the Flores Settlement.
• Recreation time outside was minimal. More time could be obtained by having classes like meditation or group therapy outside.
• Uncertainty about length or detainment and post-detainment placement is a source of anxiety for the youth.
• A lack of access to therapists independent or ORR makes the youth afraid to speak freely because they are worried information shared may be used against them by ORR.
• More focus is placed on a high ratio or detention officers to youth instead of hiring clinicians who can assist the traumatized young folk.
• Traumatized youth are exposed to art that can trigger bad memories and cause anxiety.
Also included were 15 recommendations:
• By October 2019 Notices of Placement should include explanations with the status of youth’s immigration cases and what must be done for release from the JDF.
• By January 2020, an independent interdisciplinary task force on educational strategies should be formed.
• By October 2019, the JDF should allow youth not charged with a crime to make private, unrecorded phone calls.
• By January 2020, the Youth Handbook and policies and procedures regarding video conferencing should be updated.
• By October 2019, activities should be conducted outside whenever possible.
• By January 2020, the Board of Supervisors should study the possibility of limiting or eliminating the use of pepper spray at the JDF.
• By January 2020, an independent behavioral therapist should be stationed in the pods during waking hours to help resolve issues before they escalate.
• By January 2020, an independent, third-party health worker not associated with ORR should be available to youth.
• By October 2019, youth should have a way to anonymously submit complaints, possibly by computer.
• By January 2020, behavioral therapists should be mandated attendees at use-of-force reviews.
• By January 2020, the Board of Supervisors should convene an independent interdisciplinary group to ensure youth’s privacy and improve environmental conditions.
• By January 2020, probation should consider posting its policies and procedures on the Yolo County website.
• By January 2020, the county should provide a procedure to allow non-ORR related health care workers access to youth to discuss concerns.
• By January 2020, the county should allow ORR youth to access to Yolo County Health Council to.
• Officials should consider using the facility’s empty pod for transitional adult detainees, allowing the JDF to continue with the ORR program and its funding.
Yolo County’s is one of just two secure care facilities in the U.S. Its contract began in 2008 and is set to expire in 2020.
The report noted that several “positive changes” had occurred at the JDF since its critique by the 2017-18 grand jury. Those improvements included the hiring of more officers and extra training. ORR youth have also been allowed increased phone time and additional access to mental health workers and counselors.
“JDF staff seem to recognize that the unaccompanied alien children entering their facility are traumatized and require individualized help for coping and learning behavioral management skills,” the report acknowledged.
Of the 2018-19 report, Chief Probation Officer Dan Fruchtenicht said in part:
“We appreciate the opportunity grand jury reports offer to further review, analyze and refine county programs and services. Concerning this year’s report, we appreciate the grand jury’s thorough investigation and comprehensive report, including the acknowledgment of Yolo County’s efforts to strengthen the operation, program and services provided to youth at the Juvenile Detention Facility.”
Fruchtenicht went on to say the report captures “many of the challenges of securely housing and caring for unaccompanied alien children placed in the Juvenile Detention Facility by ORR” and that the department looks forward to responding to the findings and recommendations “in an effort to further clarify and/or provide context related to ORR’s program, the role we play in the care of ORR’s placements, how we carry out our responsibilities and oversight of the program.”
July 16, 2019
Daily Democrat
By Heather Kemp
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