Judge rules WA must return inmates to juvenile facility

Judge: State improperly moved juveniles to adult prison

43 young adults that were just moved out of Washington juvenile detention centers are heading back just a week later.

A judge has issued a preliminary ruling that requires the state to move 43 inmates back to juvenile detention facilities within 14 calendar days.

The Department of Children, Youth and Families (DCYF), which is in the middle of a population crisis, made the move late last week in an attempt to empty beds at their juvenile facility in Lewis County that was 30% over capacity.

The move backfired, as a judge pointed out: DCYF had signed a legal agreement less than one year ago that required specific steps to be followed before transferring an inmate from a juvenile facility to a Department of Correction (DOC) facility meant for adults.

"The settlement agreement provides an outlet valve for the respondents," explained Judge Anne Egeler from the bench. "Respondents may file an emergency motion seeking an exception to move a class member to DOC custody pending an individualized review hearing, they opted not to do so."

The state will have one final opportunity to plead their case next Friday, with a final injunctive hearing taking place ahead of the date by which they’ve been ordered to move the inmates.

Caya Lenay, one of the young adults transferred last week, told FOX 13 Seattle via phone that it was frustrating that the mistakes made by DCYF have fallen on the shoulders of inmates that were trying to follow the rules.

"Why should our rehabilitation, our safety and security, programming and all that stuff be removed and overlooked based off a mistake they neglected," he questioned while sitting inside a holding facility in Shelton.

Lenay was celebrated less than five weeks ago by DCYF, speaking at a graduation ceremony inside the Green Hill juvenile facility in Lewis County.

It was an event meant to showcase what the state was trying to prove, when it enacted new laws allowing young adults to remain in juvenile facilities until age 25. The effort was sold as a move to rehabilitate young people when their brain had not fully formed – to offer extra curriculars that would not be available to them in adult prisons.

Lenay, and 10 of his classmates, were among the 43 people moved by DCYF when it realized they couldn’t keep up with the growing population within its facilities. Ironically, they were moved based on their age.

DCYF has argued that it was the best action available, telling FOX 13 Seatle before today’s loss inside the courtroom that this was a special circumstance, meaning they didn’t have to follow due processes laid out in a legal agreement they made following a 2022 lawsuit.

The bigger question is why DCYF took so long to take action. Over the course of several months, DCYF has repeated in interviews that they prepared for the change in state laws that would allow older youths to stay in juvenile facilities.

In a scathing letter to DCYF’s Secretary Ross Hunter, the Washington Superior Court Judges’ Association called the crisis foreseeable and preventable.

What’s now called JR-to-25 was put in place in 2018, which was followed by moves that reduced the number of juveniles that DCYF could hold. The Naselle Youth Camp that could hold up to 150 people was shutdown during the COVID-19 pandemic, and was never reopened.

DCYF said the facility was remote and posed challenges for family members to visit, for the department to staff the facility and that it lacked a perimeter security fence.

"The appropriate time to plan and prepare for an influx of young people entering these facilities was, at best, when the facility reached maximum capacity," Superior Court Judge Association President Kristin Ferrera wrote.

In recent weeks, Governor Inslee’s office has stated there’s no consideration for a special session to address the unfolding crisis. However, he did green light DCYF to look for new sites that could be utilized to open small to medium-sized facilities – one location was identified in Pierce County. However, there is no timeline for it’s opening, and it would be capable of holding 16 individuals.

The bigger concern is that DCYF intakes were up 60% this year, with an average of six to eight juveniles entering DCYF detention facilities, while only two to four were exiting for the past few months ahead of the agency pulling the plug on new intakes.

DCYF has argued that the current population within its facilities has made it unsafe for residents and staff members. Issues ranging from prison riots to rampant drug use have been spotlighted by the FOX 13 investigative team since last year. DCYF has said that the issues are more pressing due to the surge in the population in recent months.

As part of the preliminary ruling issued on Friday morning, DCYF is prevented from transferring any more juvenile inmates to DOC facilities without following the due processes laid out in their legal settlement they previously made.

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