Cohen: Questions and Answers

Juvenile Justice Initiative Welcomes Fred Cohen

Juvenile Justice Initiative Welcomes Fred Cohen

In January 2008, Mr. Fred Cohen, Esq., independent Fact Finder issued an investigative report sustaining the complaints of a broad class action lawsuit against Ohio’s Department of Youth Services (ODYS). In short, the report found ODYS facilities to be “overcrowded, understaffed and underserved,” with grave misuse of excessive force and isolation.

On Monday, March 10, Cohen shared his recommendations for prioritizing resolutions to the findings in the report. At the top of the list was the need to address the violence in the facilities. Cohen told more than 45 stakeholders, “liberal change is driven by economics” and that while, “not everyone has the right to win; everyone has the right to be heard.” It will be the voice of advocates, lawmakers, families and interested parties that make the necessary changes to transform Ohio’s juvenile justice system.

Report Summary

• Background information regarding past ODYS investigations, beginning in 1998 with Scioto Juvenile Correctional Facility.
• The most significant challenge identified by the investigation is the absolute need for culture change in the facilities i.e. JCOs physical/verbal abuse of youths.
• S.H. – class action lawsuit of youth involved in ODYS. Challenges to safety, mental health, education, dental, release policies, sentencing structure, violence and use of isolation and restraint. Each of these rests upon a constitutional foundation resulting in a claim.
• Interviewed kids and staff, conducted site visits. Interviewed JCOs (typically union representatives) at all facilities. JCOs were most bothered by “mandation” which is the mandated overtime rule. Staff wasn’t opposed to overtime just the “mandated” policy; severe staff shortage; lack of proper training; use of force (uncertainty about when force may be used); mixed messages from Central Office.
• JCOs need a new identity – no more “cop” but a helper. A new attitude about being a helper.
• Prioritizing the investigation’s findings:
  1. address the violence in the facilities;
  2. education program, using the larger sense of vocational opportunities;
  3. mental health – confusion around treatment/rehabilitation/training and habilitation – ODYS taking a broader approach as to what kind of treatment is available and using it;
  4. changing the footprint of ODYS: keeping kids closer to home in community-based programs and downsizing the large facilities will result in more success and a more cost-effective system.

For more information, view the Q & A with Mr. Cohen.

Getting Involved in Juvenile Justice Initiative

The Voices for Ohio’s Children Juvenile Justice Initiative (JJI) is dedicated to improving the juvenile justice system in Ohio. The JJI is comprised of a broad-based group of individuals and organizations from Ohio committed to advocating for transformation of Ohio’s juvenile justice system. As part of this effort, JJI recognizes the importance of articulating its vision of an effective juvenile justice system. Because the Ohio Department of Youth Services (ODYS) is responsible for the care and custody of the most serious youth in the juvenile justice system statewide, and reducing institutionalization through the expansion of effective community-based alternatives is a top priority of the JJI, this work is focused on this target population of adjudicated youth.

For information or to get involved with JJI, please contact Yvonne Hunnicutt.