Judge orders release of 12 year old illegally detained by Hennepin County

MINNEAPOLIS (FOX 9) - A troubled 12-year-old boy being held illegally at the Hennepin County Juvenile Detention Center for over a month is now set to be released.

What's new?

He is still considered a risk to public safety, but today a judge said the child cannot stay locked up any longer. It is a case highlighting the challenges of dealing with juvenile crime and young offenders in Minnesota.

FOX 9 is not identifying the child. He is known to authorities for stealing cars, possessing guns, and other dangerous behaviors.

Background

He was ruled incompetent by the courts which meant by law the county had 24 hours to get him out, and into a treatment center.

But officials testified, they had nowhere else to send him because his low IQ score and his violent record had treatment facilities and hospital care centers unwilling to accept him. And yet, they still argued he could not go home because of his safety risk to himself and the community. He has a history of running away and getting into trouble.

So, he sat in juvenile detention for more than a month. His attorney, public defender Tracy Reid demanded the county be held in contempt of court for detaining the child illegally.

Decision

On Monday, Judge Todd Fellman ordered the county to release the child to a respite hotel. That is where he will stay in a room under the care of a local social service agency. He will also be required to wear an electronic home monitoring device. 

In a statement to FOX 9, Reid wrote, "I am relieved he has been released from detention and can now start getting the mental health care and support he needs."

The parties have another court hearing on Thursday to discuss the next steps, which could still include transferring the boy to a care facility in the state of Virginia – something the boy’s mother opposes.