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CRIPA
ADJC’s
CRIPA Process: The Road to Improvement
What is CRIPA?
The Civil Rights of Institutionalized Persons Act (CRIPA) was
enacted by Congress in 1980. It authorizes the United States Department
of Justice to conduct investigations and litigation relating to
conditions of confinement in government operated institutions, including
juvenile correctional facilities.
The CRIPA statute allows the U.S. Department of Justice (DOJ) to take
action when it finds a pattern or practice of violations of residents’
rights. It is important to note that CRIPA establishes no substantive
rights; however it creates a vehicle for the United States Department of
Justice to enforce existing constitutional and statutory rights.
ADJC’s CRIPA
Chronology
June 6, 2002: the U.S. Department of Justice (DOJ), Civil Rights
Division notified then- Governor Jane Dee Hull of its intent to conduct
an investigation of three state juvenile correctional facilities: Adobe
Mountain School (AMS), Catalina Mountain School (CMS), and Black Canyon
School (BCS)
October 1, 2002 and January 13, 2003: DOJ attorneys and expert
consultants conducted on-site investigations at the AMS, BCS and CMS
facilities.
January 23, 2004: DOJ releases its findings in a letter to
Governor Janet Napolitano. The report focused on five main issue areas:
Suicide Prevention
Juvenile Justice
Education
Medical Care
Mental Health/Rehabilitative
Services
Sixteen remedial
measures were recommended to resolve the identified
deficiencies.
March 22, 2004:
Governor Napolitano and DOJ officials toured Adobe Mountain
School to review and discuss initial facility renovations as
recommended by the federal government.
March 23, 2004
– September 15, 2004: Arizona engages in negotiations
with the Department of Justice.
September 15,
2004: Governor Napolitano and Bradley Schlozman, Deputy
Assistant Attorney General, Civil Rights Division,
Department of Justice, sign a Memorandum of Agreement
calling for major reform at AMS, BCS and CMS. (NOTE: ADJC
makes internal decision that the agreement will also be
implemented at Eagle Point School, its other secure care
facility). At the same time, DOJ files United States v.
State of Arizona, et. al. in the United States District
Court. DOJ and the State of Arizona file a joint motion to
conditionally dismiss the case, pending implementation of
the MOA. The Court grants the motion.
The Memorandum of Agreement
- Three year implementation period
with twice-yearly monitoring by a four person
Consultants Committee
- Russell K. Van Vleet, MSW,
Chair
- Lindsay Hayes, M.S.
- Peter Leone, Ph.D.
- Louis Kraus, M.D.
- Divided into five areas
- Suicide prevention
- physical plant changes
- screening all youth
- policy, procedure and
training in suicide prevention
- mental health services for
suicidal youth
- follow up and debriefing
of serious suicide attempts
- Juvenile Justice
- protection of youth from
harm
- effective grievance system
for youth
- policy and training of
staff in crisis intervention
- limitations on isolation
of youth
- due process
- Quality Assurance program
- Education
- compliance with all state
and federal special education laws
- compliance with Section
504 of the Rehabilitation Act
- Medical Services
- sufficient dental care
- adequate nursing services
- pharmaceutical services
- appropriate medical
services
- Mental Health Services
- adequate professional
staff and behavioral health services
- screening of youth
- maintenance of appropriate
records
- substance abuse services
Steady Progress
- First Report, March 15, 2005
- Substantial Compliance: 23
provisions
- Partial Compliance: 91
provisions
- Non-compliance: 9 provisions
- Not rated: 13 provisions
- Second Semi-Annual Report,
September 15, 2005
- Substantial Compliance: 55
provisions
- Partial Compliance: 70
provisions
- Non-compliance: 1 provision
Third Semi-Annual Report, March 15, 2006
- Substantial Compliance: 107
provisions
- Partial Compliance: 19
provisions
- Non-compliance: 0 provisions
- Fourth Semi-Annual Report,
September 15, 2006
- Substantial Compliance: 118
provisions
- Partial Compliance: 10
provisions
- Non-compliance: 0 provisions
- Fifth Semi-Annual Report, March
15, 2007
- Substantial Compliance: 120
provisions
- Partial Compliance: 3
provisions
- Non-compliance: 0 provisions
Sixth Semi-Annual Report, September 15, 2007
- Substantial Compliance: 60
provisions
- Partial Compliance: 0
provisions
- Non-compliance: 0 provisions
Conclusion of Case
September 14,
2007: Department of Justice and State of Arizona file
Joint Motion of Final Dismissal of case.
Highlights of Final Report
- Outstanding effort by Director
Branham and staff
- Department’s infrastructure is
exemplary
-
Suicide Prevention
- Housing units physically as
safe as possible
- Policy and procedure
appropriate for identification, assessment,
monitoring and treatment of suicidal youth
- Revised screening and
assessment tolls have created measures to
communicate management needs of suicidal youth
- All staff appropriately
trained and sensitive to the issue of juvenile
suicide in confinement
- Pertinent records from
juvenile courts being received and reviewed in a
timely fashion
- Department has developed a
comprehensive morbidity and mortality review process
for learning from serious suicide attempt incidents
-
Juvenile Justice
- Staffing ratios mirror best
practices
- Pre-service Academy training
staff prior to direct line responsibility
- Policies and adopted and
implemented in all necessary areas
- Youth grievance process is
exemplary
- Juvenile Ombuds staff at each
facility
- Inspections and Investigations
Unit unique in juvenile corrections effective in
identifying staff who are abusive toward youth
- Quality Assurance Office
establishing and functioning is the key to continued
success
- Behavior management program
for youth developed and being implemented; other
necessary programs in place
- Staff attitude toward
Exclusion of youth has changed; placing youth in
their rooms no longer viewed as the only behavior
management tool in the housing units
- Use of Exclusion closely
tracked and monitored
- Use of Separation (temporary
removal of housing unit) reduced and conducted in
collaboration with mental health staff
- Departmental oversight
improved
- Staff in each facility
properly trained
-
Special Education
- Sufficient instructors,
equipment and assessment tools
- IEPs written, updated and
revised timely and appropriately
- School staff maintain contact
with parents/guardians
- Special education students
co-taught in general education classrooms
- Proper logs maintained for
service provision auditing
- Transition plans in place for
youth 16 and older
- Department found to be in
compliance by Arizona Department of Education, which
monitors every three years
-
Medical Services
- Youth have access to care
- Expanded nursing coverage
provided – now 24 hour coverage at all facilities
- Medical care is adequate,
appropriate, and timely
- Dental coverage adequate
- Pharmaceutical services
adequate
-
Mental Health Services
- “Tremendous level of
improvement in overall mental health services”
- Department has implemented
appropriate series of intake assessments and
screenings for all youth
- New policies developed and
implemented ensure that juveniles on psychotropic
mediation receive appropriate diagnosis and follow
up
- Significant training has been
developed and implemented for mental health staff
and, where appropriate, other staff
- Psychiatric services are
consistent and comprehensive
- Comprehensive,
multi-disciplinary treatment planning now occurs
- Cultural competency in
providing services has improved
- Appropriate processes for
obtaining informed consent
now in place
________________________________________
To view the complete report visit
www.usdoj.gov/crt/split/index.html
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