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Nebraska considers closing juvenile jails in effort at reform

By   /   March 7, 2013  /   19 Comments

Nebraska lawmakers are considering a bill that would overhaul the juvenile justice system, and close two juvenile jails.

OVERHAUL: Nebraska lawmakers are considering a bill that would overhaul the juvenile justice system, and close two juvenile jails.

By Deena Winter | Nebraska Watchdog

LINCOLN — Omaha attorney Jennifer Piatt’s heart was racing, but she was so tired of hearing the implication that kids who go to the juvenile jails in Geneva and Kearney are violent criminals that she visited the Capitol to tell lawmakers what she thought of their plan to possibly close them.

She was sent to the Geneva juvenile jail twice – for shoplifting a $9.99 ring, violating probation and smoking marijuana once.

Piatt told Nebraska lawmakers she agrees the state is locking up too many kids, but after being in foster care, group homes and probation, she came to the conclusion that the Youth Rehabilitation and Treatment Center in Geneva helped her turn her life around.

“It was Geneva that saved me,” she said.

However, the center for boys in Kearney — where boys are housed in dorms — is a different story, she said.

“It’s where the problems are,” Piatt said.

Piatt was one of a long line of Nebraskans who testified on a bill that would overhaul the state’s juvenile justice system by moving to community-based treatment and closing the two juvenile jails by 2015. Nebraska locks up troubled kids at the third-highest rate in the nation, but the prospect of closing the state’s two juvenile jails brought a wave of opposition from their employees, union leaders, prosecutors and people who got help in the facilities.

Sen. Brad Ashford

Sen. Brad Ashford

Piatt said while she understands the value of treating troubled kids in their homes or closer to home; sometimes that’s where the problem lies.

Omaha Sen. Brad Ashford – who is leading the charge for reform – vowed to get “substantial reform” passed this year by either closing or transforming the juvenile jails.

“What we have now is not working,” he said, citing assaults in the centers and a lack of “evidence-based” treatment. “No one is here to try to punish or penalize Kearney or Geneva … but we absolutely must change a system that incarcerates youth at the rate we are in Nebraska.”

His bill would create an Office of Juvenile Assistance to oversee the expansion statewide of what is now a pilot project.

“There is no silver bullet to this problem,” Ashford said. “This committee has labored for seven years to try to find a way to address in a substantial way the ever-increasing number of children being incarcerated in our state.”

The bill’s co-sponsor, Omaha Sen. Bob Krist, said he’s glad the prospect of closing the Geneva and Kearney jails got people’s attention. There will always be a need for a detention facility, he said, but he said it’s time to move from brick and mortar to treating kids in less restrictive settings.

“Let’s treat kids like kids,” Krist said.

Ashford brought in an adolescent psychiatrist from the University of Washington, Terry Lee, to evaluate Nebraska’s juvenile system and make recommendations. He said the most effective treatments emphasize keeping kids in their environment — which is also cheaper — and only the most high-risk youth should be taken out of their homes.

The state spends about $25 million on the two juvenile jails, which house about 500 kids, Lee said. Since most kids don’t stay for a whole year, he estimates the cost per child at about $50,000 annually. Sarah Forrest, policy coordinator for Voices for Children, said most kids don’t belong in the facilities, and the bill “shutters two facilities that aren’t working for kids and monopolize all our money.” Ashford said about half the kids are high-risk offenders.

If Kearney remains open, Lee recommends the state convert it from dorms to individual rooms to reduce fighting.

“If kids don’t feel safe then it’s hard to do any kind of treatment,” he said.

Thomas Pristow, director of children and family services for the state Health and Human Services department, seemed supportive of reform, saying the state is “sometimes warehousing kids.” Pristow, who’s been in his position for about a year, said there is no statewide criteria for admission to the two juvenile jails.

“Nebraska has a very unique way of handling their youth,” Pristow said. “It’s not working. This is not rocket science here.”

John Cavanaugh, executive director of the nonprofit Building Bright Futures that helps at-risk children, called Ashford’s bill “a landmark piece of legislation for the state.” He said Nebraska was once a leader in establishing juvenile courts, but now has a crisis in juvenile justice and is failing its children.

“We have drifted from that primarily because we have abandoned community services,” he said.

But some cautioned that community-based services must be in place before making big changes.

Buffalo County Attorney Shawn Eatherton said there will always be a need for detention centers and most of the kids in them have been through the system.

But one young woman who spent four years at the Geneva treatment center said she is proof that it works. She dropped out of school at 16 and was involved in gangs, drugs and alcohol, living in foster homes and group homes before being committed to Geneva from 1999 to 2003. She said she would have ended up dead or in prison without it.

“I think closing it would be a really big mistake,” Araceli Morales told the Judiciary Committee. “I think Geneva was my life-saving place.”

Several people who work and teach at the centers testified about the good work being done there. Nancy Lyon, who has taught at the Kearney center for 28 years, said the center isn’t without its problems, but sometimes kids’ problems revolve around their home, neighborhood or school.

“YRTC is not their first rodeo,” she said. “We stabilize them, eliminate the clutter in their lives.”

Julie Dake-Abel, executive director of the Nebraska Association of Public Employees, said closing the centers would destabilize an already unstable juvenile justice system, and the bill doesn’t leave enough time to set up adequate community programs.

Despite the long line of people who opposed his bill, Ashford made it clear he intends to pursue sweeping change this year.

“We’re going to fix the system this year,” he said. “Clearly the problem is the system, not the people.”

Contact Deena Winter at deena@nebraskawatchdog.org.

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Deena Winter

  • Jazzee

    excellent post
    how does ashford plan to help these children by keeping them in their old environment?? hire more social workers? what????? just jump ahead and say let’s close the places they use now but what is the PLAN to replace it???? don’t ya just hate politicians

  • http://www.facebook.com/profile.php?id=1709212272 Kirk Welch

    Here we go again, I heard this same hyperbole when the State decided to close the only State run Adult Chemical Dependency Treatment Facility which was located in Hastings. when this happened they used the same argument, opting for “Community Based Treatment” This is nothing more than Privatizing and there are simply some programs that should never be Privatized. It was only a matter of a couple of yrs before the Hospitals that began Leasing the beds from the State did not want to renew the contracts and the patients went to 1/2 way houses. This was a horrid idea.
    I worked in the Juvenile Chemical Dependency Unit in Hastings after the Adult unit was closed. The criteria for admission to the Juvenile Unit was that the Kids we accepted came from Kearney YRTC. Within 2 weeks of the Unit opening staff on the Unit were ready to walk out. The kids we were getting were threatening, staff, other “clients” both verbally and physically, they were uncontrollable in that type of setting and it was a locked unit!
    These kids do not end up in YRTC or Geneva for minor crimes, they are there after committing multiple offenses such as Burglary, Robery, Sex Offenses, Arson, Assault and the list goes on. Many of these kids are Gang Bangers or Thugs.
    In order to affect effective Therapy you not only need to teach coping skills but also get them away from the influence of the neighborhoods, people places and things that brought them to be where they are. You cannot count on Family support or direction as this was what was lacking in the first place and it’s not likely to change for the better. Many are repeat Offenders or will be.
    as far as non violent offenders we already have Drug Courts set up and out patent therapy. while we are arguing the merits of Gun Control and many in the NRA, and in the general population are clamoring for more mental health facilities and the Good Senator is wanting to close two of them and farm the beds out to for profit organizations. Privatizing prisons whether for adults or Juveniles is never a good idea. Privatized prisons, and make no mistake, this is exactly what we’re talking about here, is just turning the care over to corporations that do not make a profit if the beds are not kept full.

  • http://www.facebook.com/marla.svihl Marla Svihl

    Starts with the home! Lets fix the family! Put God back in to our lives! Instead, they are tearing the family unit up, in the name of right choice, diversity; and welfare!

  • I am just a mom

    Senator Ashford’s proposals seem targeted more to increase the hyperbole surrounding crime and juveniles in this state, and by that I mean he will use this “reform” in the upcoming Omaha mayoral race to proclaim his stance as being tough on crime and saving money for taxpayers. In fact, Senator Ashford began the introduced this subject in the OWH by making references to Robert Hawkins, the Von Maur mall shooter. It is a fact that Mr. Hawkins never was detained at Kearney. Mr. Hawkins spent time at out of state treatment facilities and bounced around various placement situations, but he was never detained at the Nebraska facilities in Kearney or Geneva. Nebraska taxpayers spent hundreds of thousands of dollars on Mr. Hawkins. Mr. Hawkins had a court appointed guardian ad litem who never once met with the young man at any of his placement homes, never once produced a written report to the court, never once filed motions to forcefully advocate on his behalf. Who is in charge of the guardian ad litem processes in this state (EVERY kid who is in juvenile court gets a court appointed attorney, frequently a GAL who is to discern “best interests”)? The entity responsible for monitoring GALs is the Nebraska Court system and the Nebraska Bar. What have these entities done about the failures of attorneys to comply with ethical guidelines? Why absolutely nothing at all. Who drives placement decisions in the state? The Judiciary. Do taxpayers understand that Judges are sending many Nebraska kids to detention facilities OUT of the state of Nebraska (detention facilities in Arizona, Tennessee, Iowa, Texas)? The state and county governments have no contracts with these vendors and there is no “evidence” that shipping kids out of state helps them at all. But it does serve as a convenient “warehousing” option until the kid shapes up or ages out. I do not support the creation of an additional function within the Judiciary, given the Judiciary’s position that they are exempt from providing any type of disclosure about how they spend money or determine if programs they utilize help kids. Senator Ashford is well aware of the problems related to guardian ad litem (GAL) in this state. He commissioned the legislative report (written in 2009 and paid for with tax dollars) about the topic. The report was scathing BUT absolutely nothing has been done about the problem. Lawyers just keep collecting their fees (without ever meeting their kiddie clients) and the child welfare/juvenile justice industrial complex keeps rolling along. Ashford’s bill is not the solution.

  • ToucheTurtle

    If Senator Ashford is successful in closing Geneva and Kearney, are the results going to be the same as when the legislature closed the mental health facility at Hastings? If so, then Nebraskans can count on adding significant numbers to the homeless population in our state as well as others! This is purely another case of “out of sight, out of mind.” Maybe we should consider if our elected officials are so concerned about the money that they are willing to sacrifice our youth to do it! Just MAYBE they aren’t actually interested in improving the system we have. . . . . no one is saying it is perfect, BUT until improvements are made and tried, closing the facilities should be done as a last resort.

    Sadly the net result will not be hearing stories of how some lives were saved or changed . . . it will be a story of incarceration in our penal complexes which are already over-crowded! Perhaps it is time to review the goals and the rules of confinement at these two facilities so that we can at least TRY to save our young people BEFORE they graduate to an adult facility where they will definitely learn everything they don’t already know about how to be a career criminal. After all, the recidivism rate at the adult facilities is about 70% for all crimes (excepting murder) so if we can’t impact these kids BEFORE they get that far, we may very well be taking care of them off and on for the rest of their lives to the tune of about $30,000 a year!

    What is the base problem of this issue for the State of Nebraska? It appears to me that it has EVERYTHING to do with the erosion of the family unit, increased single parent families, and lack of parental supervision. Is a significant responsibility for this mess a direct result of interference by the State and Federal gov’t in the raising of our children?

  • Hunyock

    Every time the Legislature tries to Fix the System means that they plan to close them down and force the individual communities to deal with it. Then they pat themselves on the back at how they save the state money while the cities and communities have to pay for their treatment and incarceration when needed. We end up with more kids on the streets our crime rate goes up. Since Ashford is running for mayor, you would think that he would look at how this would effect Omaha.

  • intheloop

    Sen. Ashford needs to slow down. He is throwing out a lot of jargon (like “evidence based”) and confusing statements. His comments in committee were confounding. He seems to be appalled that “90% of juveniles plead guilty” instead of having a trial. He refers numerous times to this, like it was illegal. Many people plead to charges instead of a trial and I do not know where he is going with this outrage. I agree with the many statements that the families are the problem. Throwing money at the problem does not mean that the problem gets fixed. As a taxpayer, I want to know where his 10 million dollar pricetag is coming from. Raising the jurisdictional age is 21 is a major mistake and will be more costly than anyone can imagine. These kids do need help, but the legislature must slow down and not ramrod bills through. Look back to just a few years ago when the legislature gave KVC the control and what a nightmare that was. As someone who has worked with juveniles and juvenile court for 15 years, we have to remember where we came from and where we want to go. Getting rid of Kearney and Geneva (taking them out of control of NDHHS) and putting new facilities under the Dept of Corrections in an effort to make them less jail-like is insane. I could go on and on (and I have).

  • Anuffsaid.

    What are you talking about ? I have never seen God or our Government “FIX” the problem of poverty !

  • Anuffsaid.

    60 million dollars was spent on building the now bankrupt arch on I-80….seems to me our Government spends our tax dollars on things they shouldn’t and not enough on the things they should !

  • slycad

    In my limited, albeit intrusive exposure to the Separate Juvenile Justice System of Nebraska, at least in one courtroom, (judge Kelley), corruption begins behind the black robe.

  • Joan

    I know this saying is trite Svihl, BUT, YOU CAN LEAD A HORSE TO WATER BUT YOU CANNOT MAKE ‘EM DRINK. You cannot make some one believe in God. It starts by getting the child out of the home environment and then getting help for the family IF they are open to the belief that they have a problem.

  • Joan

    Wealthy kids get in trouble also. Their families can afford to just cover it up!

  • http://www.facebook.com/profile.php?id=1709212272 Kirk Welch
  • http://www.facebook.com/profile.php?id=1709212272 Kirk Welch

    Amen

  • http://www.facebook.com/profile.php?id=1709212272 Kirk Welch

    Phfttt, tell that to a bunch of Crack whores who crank out kids just to stay on the welfare doll. and you would be one of those picketing Planned Parenthood and protesting Birth Control so we can have more of these little sex trophies that no one wants to take care of. How about we Castrate any man that has more than two kids and is behind on his Child Support by more than a year or any Woman that is single and has more than two kids born out of wedlock or to more than one man? See Simple fix.

  • http://www.facebook.com/people/David-Harbert/100001406372795 David Harbert

    Cheaper, Cheaper, Cheaper!
    Ashford has chosen to use this as an issue to make him more acceptable to the voters of Omaha. Instead of listening to him, listen to former attendies of Geneva. Remodel Kearney into individual rooms if necessary, these kids need to be away from their environment to gain a new perspective.
    I’ve always thought it stupid that Nebraska child services and judges would rather keep a child in an unhealthy environment than provide them the services they need.
    When parents have mental, drug, alcohol, vice, or other continuing problems, society needs to save children from that.

  • http://www.facebook.com/people/David-Harbert/100001406372795 David Harbert

    Religion is a personal matter, so keep it to yourself!
    You cannot force people to believe in a dieity.
    Please remember–many of the most horrendous attrocities have been committed in the name of GOD. (Israel, Palestine, the Spanish invading South America, etc., etc., etc.

  • http://www.facebook.com/people/David-Harbert/100001406372795 David Harbert

    Old urban legend put out there by racist, ultraconservitave, “no government is good” fools. (At its worst, that happened in 1 out of 95,000 clients.)

  • Joan

    After reading the comments so far, I have come to the conclution that Senator Ashford should serve three months in juvi at Kearney. No exception to the rules, only compliance to same. He does not have a clue what life is like for the young adult who has survived a terrible childhood environment. If he had a clue he would not be out there trying to change one of the few mental health facilities for troubled teens.