Settlement in Lawsuit May Require $30 Million Annual Budget Boost for DYS

The Ohio Department of Youth Services may have to increase spending by as much as $30 million annually to comply with terms of an agreement filed in U.S. District Court on Thursday to settle a class-action lawsuit.

Details of the settlement, which will not take effect until the court approves it, were jointly disclosed in a statement from the department and Gerhardstein & Branch, a law firm that, along with other counsel, represented offenders confined in DYS institutions.

Highlights of the agreement include the hiring of up to 115 juvenile correctional officers and other staff; increased training; and revisions in the use of force and in seclusion and discipline policies.

Parties to the 89-page stipulation said it also covers improved mental health services, enhanced educational, medical, and dental services, and a capacity goal on institutional population.

Once the court approves, consultant Fred Cohen will monitor compliance with the agreement. His oversight is to continue for five years. It could be terminated earlier if the court determines that substantial compliance has been achieved on all terms and maintained for a period of two years in all areas.

Submission of the settlement resolves a lawsuit that was filed in December 2004. A consultant's fact-finding report was issued in January 2008.

Parties said the final cost of implementing the agreement remains to be determined, but that it is estimated to require an increase in the department's budget of between $20 million and $30 million annually. The estimate includes attorney fees, although the total was not immediately available.

DYS Director Tom Stickrath said the agreement allows the department to "aggressively" move forward in a meaningful way.

"This settlement builds on the dedication and professionalism of our current workforce and provides them with additional tools to increase rehabilitation opportunities and safety within our facilities," Mr. Stickrath said in a news release.

Mr. Gerhardstein commended the state for joining in the comprehensive remedy.

"Not only does this plan outline action to reduce violence and make programming more appropriate, it also will ensure DYS is holding youth for an appropriate length of time," he said.

"In addition, the plan safeguards public safety while working toward more youth being served in smaller, more appropriate, community-based facilities. In this way we are following the lead of other states, using proven strategies," Mr. Gerhardstein said.

Voices for Ohio's Children, a child advocacy group that organized the statewide Juvenile Justice Initiative, said the settlement could lead to positive changes in the system.

"This agreement makes possible real transformation of Ohio's juvenile justice system," Executive Director Amy Swanson said in a news release. "Our state's young people and communities need this kind of commitment to long-term, meaningful change, not Band-Aid solutions that keep broken institutions open."

DYS operates eight correctional and rehabilitation facilities with a capacity of about 1,650 persons. The current population is 1,585. The department also oversees at least 1,000 youth on parole from six regional sites.