Hennepin County facing contempt allegations for detaining young offenders

Hennepin County facing contempt allegations

Hennepin County is accused of illegally detaining children at the juvenile detention center. The county could be held in contempt of court this week unless two boys are immediately released or placed in appropriate treatment facilities.

The Brief

- The two kids are aged 12 and 16 years old. Authorities have said the 12-year-old is well-known to local law enforcement and juvenile prosecutors, connected to numerous weapons, auto theft and robbery cases. The 16-year-old has documented mental health issues with a history of violent outbursts.
- The courts have ruled both children incompetent to proceed in the juvenile justice system. The boys have been held in detention despite a state law that says the county cannot hold such children in a secure detention facility for more than 24 hours.
- Their detentions highlight the ongoing challenge of addressing juvenile crime, an issue that is putting Minnesota in the national spotlight this week. The county and the families acknowledge they should not be sent home but there is nowhere else for them to go.

MINNEAPOLIS (FOX 9) - Hennepin County is accused of illegally detaining children at the juvenile detention center. The county could be held in contempt of court this week unless two boys are immediately released or placed in appropriate treatment facilities.

Backstory

Testimony and records presented in court show the county has attempted numerous times to have the 12-year-old child admitted to secured treatment centers including what’s known as a Psychiatric Residential Treatment Facility (PRTF) in Minnesota which provides care for individuals under 21 who have complex needs. However, the boy has been rejected by the only four facilities in Minnesota because of his low IQ score and behavioral history.

In addition to his criminal activity, he has threatened to take his own life, run away from home and other treatment facilities, and been kicked out of school.

He has been detained at the Hennepin County Juvenile Detention Center since August 21 – three weeks now.

What’s next

Since the child has been found incompetent, he can no longer be found delinquent or held accountable for crimes in the juvenile justice system.

The child is still locked up there even though a judge ordered the county to get him out of the detention center on August 26.

The county is now trying to move the child to a treatment facility in Virginia later this month but his family does not want him that far from home.

"I want my son in Minnesota where we can go see my son because of my son’s mental health issues," the mom told FOX9 following a recent hearing. "So, I want my son close to his family."

Tracy Reid, the boy’s juvenile public defender, wants the county to be held in contempt of court if he is not immediately released.

"The law is fairly simple," Reid told FOX 9. "The community shouldn't only be outraged, they should actually be afraid."

On Thursday, Hennepin County Judge Todd Fellman is expected to decide if he will hold the county in contempt of court, and whether it will potentially face fines for keeping the child detained in violation of the court’s order and state law.

"Time is of the essence," Judge Fellman said in court this week.

In a court filing, the county argued it is acting with all due speed and effort, "Finding contempt in this case would amount to punishing the Department for the lack of resources it has at its disposal," wrote Assistant County Attorney Ronald Walters.

What else they’re saying

In juvenile court this week, the 12-year-old testified about conditions inside the JDC. He described being isolated because of constant lockdowns, threatened, and even "jumped" by others in custody.

"He is not getting treatment," the boy’s mom tells FOX 9. "And I know that my son is suicidal."

But the county and the boy’s mother have also said he should not be released unless it is to a treatment facility.

"His safety is at risk if he went home," stated Mandee Kleckner, a Program Manager with the county’s youth justice behavioral unit who also testified this week.