Juvenile justice advocates asked the Pennsylvania Supreme Court to order a review of children in detention facilities and send home as many as possible during the coronavirus pandemic.
The Juvenile Law Center and the Youth Sentencing & Reentry Project filed a lawsuit Wednesday asking the Supreme Court to use its powers to order county courts across Pennsylvania to review the cases of every juvenile being held in detention centers, county jails or long term correctional or residential facilities.
The suit was filed on behalf of two juvenile offenders from Philadelphia and one from Delaware County whose cases advocates say are representative of incarcerated youth across the state.
The groups argue that holding children, especially those with health conditions, in detention centers and other facilities puts them and staff at risk of contracting the coronavirus. Medically vulnerable children and those who pose no risk to others should be released to stay with family or guardians or in nongroup care, they argue.
“We feel this is an extraordinary situation that cries out for this kind of relief,” said Marsha Levick, director of the Juvenile Law Center.
Close quarters inside detention centers make it impossible to practice social distancing and inadequate cleaning supplies do not allow staff to properly sanitize surfaces and shared items like telephones, the groups argue.
Efforts to prevent the spread of the virus by isolating children could also have devastating mental health impacts, the filing says.
“The solution of trying to manage the situation within the facilities just won’t work,” said Jessica Feierman, also of the Juvenile Law Center.
“The only way to manage this is to identify as many nonviolent youthful offenders as possible to send home,” she said.
The groups’ filing argues that failing to protect detained youth and exposing them to a coronavirus outbreak would violate their constitutional rights to due process and to be free from cruel and unusual punishment.
In Pennsylvania, adult county and state correctional facilities have taken steps to speed up the release of inmates since the start of the outbreak by fast-tracking those who have served their minimum sentences and allowing some to complete programs required for parole on the outside.
On Monday the Pennsylvania American Civil Liberties Union filed an emergency petition on behalf of several inmates, including a Lehigh County man, asking the state Supreme Court to order more prisoners released from county jails to prevent a widespread coronavirus outbreak.
Northampton County’s Juvenile Justice Center, where 36 children were being held Wednesday, has been closed to the public since March 11. Access is limited to staff and essential visitors, meaning even parents cannot visit the children. No one at the center has tested positive for the virus, Northampton County Court Administrator Jermaine Greene Sr. said.
To compensate, the center has increased the availability of video chat to allow children to speak with family members. Staff are required to wear masks and gloves and the facility is sanitized twice a day, Greene said.
Although courts have been closed, hearings for juvenile offenders have continued via video conference, Greene said.
“Right now we are comfortable saying the cases haven’t been negatively impacted,” he said.
The lawsuit asks the Supreme Court to direct county courts to limit juvenile offenders held in detention centers, group treatment facilities and adult jails to those who pose a danger to others.
Courts should review cases and release those who are not dangerous, have medical vulnerabilities, show symptoms of the virus, are being held for a violation such as failure to pay fines or are close to completing their programs, the suit demands.
A response to the suit could come from a number of state or county agencies including the Administrative Office of Pennsylvania Courts, the attorney general’s office, Gov. Tom Wolf, district attorneys or probation offices, Levick said. It was unclear Wednesday when the Supreme Court would take action.
Morning Call reporter Peter Hall can be reached at 610-820-6581 or peter.hall@mcall.com.
