12+ WA counties sue DCYF over juvenile rehabilitation crisis

WA counties sue State over juvenile detention decision

Over a dozen counties in Washington state are suing the Department of Children, Youth, and Families, alleging the agency is failing in its obligation to house and rehabilitate juvenile offenders

OLYMPIA, Wash. - Over a dozen counties in Washington state are suing the Department of Children, Youth, and Families (DCYF), alleging the agency is failing in its obligation to house and rehabilitate juvenile offenders.

The lawsuit, led by the Washington State Association of Counties (WSAC), comes after DCYF announced the suspension of new intakes into its Juvenile Rehabilitation (JR) facilities.

Pierce County Prosecutor Michelle Luna spearheaded discussions with prosecutors statewide, resulting in the decision to file the lawsuit.

"It was unanimous that we needed to pursue litigation in order to protect the interests of the children and the county facilities," Luna said.

FOX 13 has reported on the unprecedented levels of teen crime across the state, which have only increased post-pandemic.

DCYF halted new intakes on July 5th, citing overcrowding at facilities like Green Hill School and Echo Glen Children’s Center. The abrupt decision, made without prior notice or discussions with county officials, has left local jurisdictions scrambling to manage the overflow of juvenile offenders.

"Most of the teens who enter the system already have great instability in their lives; they may have been pushed from foster care to foster care or kicked out of their homes," Luna said. "Now, the state is telling them we don't have room for you. We believe in very quick order, we will be at capacity and we haven't had an opportunity to plan."

Luna noted the anxiety and uncertainty among the affected youths. "There's a lot on the line. First and foremost are those juvenile offenders. We have reports from our facility that they're feeling very anxious."

In a statement, DCYF Secretary Ross Hunter acknowledged the overcrowding problems, stating, "We are pursuing every option possible that allows us to comply with court orders without compromising the safety of staff and young people at our facility." Hunter emphasized the agency's commitment to creating a safe environment despite the challenges.

WSAC Interim Executive Director Derek Young criticized the lack of planning and communication from DCYF.

"This extraordinary announcement was made without notice or consultation with county officials," Young sid. "The state gave no thought to the impact this decision would have on the rest of the system or the youth and young adults and their families."

You may recall the 2018 legislation passed an act which increased the age youth offenders could be housed to 25.

The lawsuit argues that the state's decision to suspend intakes and reduce capacity, despite legislative changes and an increasing juvenile offender population, is irresponsible.

"The issues that led up to this day were obvious and foreseeable," said WSAC President and Skagit County Commissioner Lisa Janicki. "When the state greatly expanded the ages eligible for JR services, it was clear that DCYF’s capacity would need to expand. Instead, the agency reduced capacity."

Prosecutors from various counties have expressed concerns about the long-term effects on community safety. Snohomish County Prosecutor Jason Cummings remarked, "It does not take complex math to figure out that if you keep people longer and keep adding people to the pot, it's going to spill over."

Cummings says Snohomish County, like the other 38 counties, is severely impacted by DCYF's decision. He says the lack of prior notice compounded the situation.

"This is somewhat emblematic of the situation we've had with our juvenile justice in the state of Washington," Cummings said.

In the past two years, Snohomish County has seen a doubling of teen case referrals. Despite this increase, the state has been closing facilities, reducing the number of available beds while extending the age at which a person can stay at a Juvenile Rehabilitation facility.

"I’m disappointed the state was not better prepared to move forward with this population with the two years of unprecedented increases in juvenile court referrals," Cummings said.

The Denney Juvenile Justice Center is already running on minimal staffing.

"If we are to start holding long-term commits, that would impact programs and other aspects. We were not prepared on day one to start holding these individuals that the state is obligated to provide," Cummings said.

The counties involved in the lawsuit argue that DCYF’s failure to plan adequately is jeopardizing both the safety of the communities and the rehabilitation prospects of the offenders.

"There's the youth offender side of it, but there's also the community safety point. If we can't guarantee that we can take custody and control the ones who should be in our facility, this can be chaos," Luna said.

The WSAC lawsuit seeks to compel DCYF to fulfill its statutory obligations and resume the intake of juvenile offenders into JR facilities. As the situation unfolds, more counties are expected to join the lawsuit, pushing for immediate relief and better long-term solutions to the state's juvenile rehabilitation crisis.

Prosecutors are expected to file a motion seeking temporary immediate relief to compel Secretary Hunter to take juvenile offenders into state custody.

"The state has a moral and legal obligation to provide the services that they are statutorily obligated to perform. And when they fail to do that, the counties will hold them accountable," Luna stated.

The full compaint and preliminary injunction can be found below: