Cohen: Questions and Answers

Based on the findings how can ODYS facilities be ACA accredited?

ACA accreditation is a checklist of policies. We shouldn’t put too much confidence in the ACA accreditation.

What kind of remedial measures are being started in Ohio based on the report?

A general acceptance of moving beyond the existing footprint over time to change the face of ODYS will change to provide standards and supervision. Ohio should take a look at the Missouri model suggested by the report to try to change the footprint to the community-based model; there is a lot support for it. “Liberal change is driven by economics and conservative change driven by values. The key here is to tie needed reform to fiscal savings”

What do we do in the short-term regarding the safety issues while working on the long-term changes?

Use the same model, just make it better. Improve sanctions for the use of force; the systems of institutionalization won’t change overnight, including detention centers. “The single greatest predicator if a kid goes to the institution is if he’s detained in the detention center.” Institute effective training, oversight for use of violence, address mental health issues (possibly contracting for service), and the need for an independent Ombudsman to oversee the process. Like similar settlements, an Ombudsman is included to oversee the process and establish a monitoring process.

A) Was there anything in the report to address the MATRIX issues; B) were there any recommendations to add families to the system change process?

There are a number of pages regarding the MATRIX, including Ed Latessa’s calculation that 2,092 years could have been saved due to kids staying beyond their release date. It’s chaotic and unpredictable due to the added time for kids to “complete treatment.” The report does not address the family involvement piece in any detail but it is very important for change.

Does it make sense to get rid of the Release Authority system considering the failure of its process, and provide an advocate for kids and access to advocacy?

An ideal plan suggests that when a kid completes the program, they are released based on the completion rather than holding them because the facility isn’t prepared for proper treatment. Is it an institutional or structural problem? There should be a system that allows for dispositions of a sentence “not to exceed a specific time,” with the allowance that the child can be released earlier if he/she achieves certain things. A change in the Release Authority should be part of the settlement.

Kids should have access to representation to address conditions of confinement and terms of release issues.

JP – class action lawsuit based on a case from the Sixth Circuit District Court of Appeals, which says that youth have right to, counsel in order to challenge their conditions of confinement. A single lawyer who contracts with ODYS isn’t sufficient to provide representation and ensure adequate access to counsel and due process.

Does the report address access for youth to the grievance system and/or the outside world for help?

The report suggests that a true grievance system is needed to help youth. Unfortunately, there are many grievance systems both for adults and kids in the U.S., but none that actually work. The grievance system began in New York with inmates acting as liaisons for other inmates to voice their concerns. Federal law requires that the administrative grievance system be exhausted, regardless of whether it is even capable of providing the desired results – this is called exhausting all administrative results before a conditions issue can be raised in court.

A culture change should begin with the MATRIX system by providing a win-win situation for kids who earn release time for good behavior.

The MATRIX system change must come from legislation. Due to the lawsuit, the MATRIX conversation must be fundamental in the system change process.

How can advocates really advocate for change in legislative remedies and asking policymakers to move on?

Regionalization, reduction (cap) in the population, asking the question: “can’t we help these kids and save money?” utilizing wrap-around services…taking the Missouri model and making it work in Ohio.

Does the report address involving Parole Officers and their thinking about their relationship with the youth?

No, but the job titles of Parole Officers should be changed because words have significant meaning.

How can we use the report to keep kids from going to ODYS?

It’s obvious that there is a lack of resources in the community when the only option is ODYS. Look at the recent ambitious change in California legislative changes which greatly reduce the population of juvenile correctional facilities, and invest those dollars ($140,000 per youth) in the community by allowing each county to come up with their own plan to fund and support the local system. There are some gaps but the idea of putting the money back into the community is a great cost effective model.

Are privately funded/run models like Paint Creek a better solution?

Yes, it can be a part of a solution, depending on the “cherry picking” selection process. There is careful room for the private sector.

To help ODYS, we need to branch out and include all of the systems, i.e. education, parents, law enforcement.

Agreed, there is a great group of participants gathered today to have this discussion.

The other important folks to be included in the system change are the JCOs. The report categorizes JCOs into three types on a bell curve: venal (brutal and unchangeable), middle (not so good but don’t know any better) and heroic (stand up and go beyond the call of duty). We should look at building the system around the heroics because they’re the ones who quickly become the outcasts and by helping to support those in the middle who could improve with training and support.

The stars are lined up in Ohio for change (Director Stickrath, Governor Strickland, Mental Health Director, etc…), how can advocates further push the support?

Attend town hall meetings, talk with the media, guest editorials, LTE’s, praise the Cohen reports...get the word out because people don’t know about this issue with youth. There isn’t a better opportunity than now and the budget crunch can be a benefit of the push! The only positive change comes from research and litigation.

What is an effective model to review the progression but also a monitoring tool?

A team of monitors, which will have only about 3-5 years to make certain that the terms of agreement are enforced. We should create an outside enforced monitoring system that is accountable and built into the class actions, such as an independent Ombudsman with real power to hold systems accountable. The further the oversight structure people are from the group, the better.

What is the expected settlement for S.H.?

Hopefully in April 2008. Both sides feel pretty good about the progress thus far. The agreement will be made available to the public but won’t be very prescriptive.