Limits on youth jail visits overruled
A Hinds County Youth Court judge's order restricting the access of two advocacy groups to children incarcerated at Henley-Young Juvenile Justice Center violates protection and advocacy laws, a federal judge has ruled.
The ruling by U.S. District Judge Daniel Jordan came after the Southern Poverty Law Center and Disability Rights Mississippi last month filed an emergency appeal with Jordan's court.
They contended Hinds County blocked their access to children at the facility in retaliation for a federal lawsuit they filed June 1 alleging youth at the center in Jackson are subjected to abuse. The two groups monitor conditions at juvenile detention centers statewide. DRM is a nonprofit agency with a federal mandate to protect the rights of people with disabilities.
As part of a June hearing on the emergency appeal, the advocacy groups and county worked out an agreement allowing visits with children who are disabled.
But Mississippi SPLC director Jody Owens contended the two groups also are entitled to visit with any youth who might have information about abuse or neglect of a disabled child.
Lisa Ross, an attorney for Hinds County, said at the June hearing that federal statutes including the 1986 Protection and Advocacy for Individuals with Mental Illness Act do not allow "unfettered access" to youth detainees.
"We agree that they have access to the facility. It gets sticky after that," Ross said then.
Jordan's order issued Monday cites an order Youth Court Judge William Skinner entered July 1, in light of the federal lawsuit, stating "any contact with the residents as a result of this civil action must comply with a new 'protocol.' ".
Skinner's order "then substantially restricts access to the residents in a way that would nullify the relief sought in DRM's motion for preliminary injunction," Jordan's order states.
In particular, Skinner's order said DRM staff could not have access to juveniles until Assistant Youth Court Defender Brandon Dorsey is notified.
The county asked Jordan to determine whether Skinner's order was enforceable.
The county does not have to comply with or enforce Skinner's order, or any state court orders "that interfere, contradict or conflict with this order," according to Jordan.
"The Youth Court order violates the protection and advocacy statutes," Jordan's order states in part. "A host of federal authority holds that irreparable harm exists when the P & A system is unable to fulfill its mandate under federal law.
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Jordan's order issued Monday cites an order Youth Court Judge William Skinner entered July 1, in light of the federal lawsuit, stating "any contact with the residents as a result of this civil action must comply with a new 'protocol.' ".
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