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Louisiana Office of State Inspector General Report On Ware Youth Center - April 25, 2024
Louisiana Office of State Inspector General Report On Ware Youth Center - April 25, 2024
Letter to Governor
Introduction ………………………………………………. 1
Background ……………………………………………….. 3
Conclusions ……………………………………………….. 17
Exhibits
JEFF LANDRY STEPHEN B. STREET, JR.
GOVERNOR STATE INSPECTOR GENERAL
State of Louisiana
Office of the Governor
Office of State Inspector General
INVESTIGATIVE REPORT
INTRODUCTION
OIG conducted its own independent review of un-redacted records pursuant to its
authority under La. R.S. 49:220.24 and 220.25.
At all times, Ware’s leadership and staff were thoroughly cooperative and provided
unrestricted access to their juvenile residents, staff, records and facilities.
1
Dying Inside: Chaos and Cruelty in Louisiana Juvenile Detention; New York Times, October 30, 2022.
1
In summary, OIG’s review of “critical incidents” at Ware over the five-year period
determined that a small number of juveniles were responsible for a large percentage
of reported incidents. Notably, OIG determined the following with regard to reported
incidents at Ware:
• There was a marked increase in reported incidents in 2020 and 2021, which
coincides with the time that nine of these high-offending juveniles arrived at
Ware.
• 40% of suicide attempts at Ware from 2018 to 2022 involved the same five
juveniles.
• 68% of suicide attempts at Ware from 2018 to 2022 involved the same 10
juveniles.
2
OIG also conducted a detailed review of three juvenile suicides that occurred at Ware
in 2017 and 2019, and the actions and events that followed.
OIG also reviewed Ware’s reporting under the Prison Rape Elimination Act
(PREA) over the same time period.
==============================
BACKGROUND
OIG Jurisdiction
The Office of State Inspector General (OIG) is authorized to examine and investigate
the management and affairs of all departments, offices, agencies, boards,
commissions, task forces, authorities and divisions of the executive branch of state
government (“covered agencies”) concerning waste, inefficiencies,
mismanagement, misconduct, abuse, fraud, and corruption, and to conduct all
necessary investigations into the same. OIG’s authority to investigate extends to
contractors and subcontractors of covered agencies. The Department of Children
and Family Services (DCFS) and the Office of Juvenile Justice (OJJ) are both
covered agencies.
In 1986 the legislature enacted La. R.S. 15:1097 through 1097.5, establishing the
Ware Youth Center Authority as a political subdivision of the state with a territorial
jurisdiction that included several North Louisiana parishes. [Act 833 of the 1986
Regular Session].
The authority is funded, in part, by the assessment of special costs (1) against every
defendant who is convicted after trial or who enters a plea of guilty in all felony and
misdemeanor prosecutions in the district, parish and city courts of the parishes that
3
make up the authority; and (2) against every juvenile who is found to have
committed a traffic violation or who is adjudicated a delinquent in all courts
exercising juvenile jurisdiction in the same parishes.
History
Ware Youth Center is located on 115 acres on U.S. Highway 71 near Coushatta,
Louisiana. 2
Juvenile detention facilities are locally run, short term secure facilities that provide
temporary safe and secure custody of youth during the pendency of juvenile
proceedings when detention is the least restrictive alternative available to secure the
appearance of the youth in court or to protect the safety of the juvenile or the public.
[La. R.S. 15:1110; LAC 67:V.7505]. They may be owned and operated by any
governmental, profit, nonprofit, private or public agency. Juveniles in detention
include: 3
2
An aerial view of Ware has been attached as Exhibit A.
3
The Louisiana Children’s Code, as amended effective April 19, 2024, provides, in pertinent part, that child means
any person who commits a delinquent act before attaining seventeen years of age. [La. Ch. C. art. 804(1)(a)]. A
delinquent act is an act committed by a child of 10 years of age or older, which if committed by an adult is
designated an offense under the statutes or ordinances of this state.
4
In 1999 Ware opened a residential facility (group home) consisting of two cottages
with twelve beds each for a total capacity of 24. Each of these cottages has three
bedrooms with four beds in each. Construction of additional smaller cottages with
six beds each brought capacity to 36 with two cottages now being used for juveniles
who have been identified as in need of residential substance abuse treatment.
In 2009 Ware opened an intensive residential secure care facility for female juveniles
who had been adjudicated delinquent by a judge and placed in the custody of OJJ.
The facility consists of three cottages, each with a capacity of eight for a total of 24
beds. Ware entered into a series of one-year contracts with OJJ that continued
through September 2023 when OJJ elected not to renew the contract, a decision that,
according to OJJ, was “strictly a financial decision.” 4 Sixteen juvenile females were
then moved by OJJ from Ware to a facility in St. Martin Parish which when opened
by OJJ in 2021 was intended, according to an OJJ spokesperson, to be a “transitional
treatment unit” for males who had “demonstrated an inability or unwillingness to
discontinue violent and aggressive acts.”5 The facility had previously served as a
regional juvenile detention facility for pre-adjudicated juveniles.
Ware holds two licenses issued by DCFS – a juvenile detention facility license
(#15596) and a residential home license (#6488).
Licensing of juvenile detention facilities became state law in 2010. Act 863 of the
2010 Regular Session, amending La. R.S. 15:1110, required DCFS to develop and
4
OJJ Deputy Secretary Curtis Nelson, testifying before the Task Force on Juvenile Justice Facility Standards on
October 4, 2023, stated “the recent move of the girls from Ware, that is all financial . . . unfortunately, we were not
able to find the funding to continue our contractual relationship with the girls in secure care.”
5
OJJ spokesperson Beth Touchet-Morgan quoted in “No Light. No Nothing.” Inside Louisiana’s Harshest Juvenile
Lockup; Marshall Project, NBC News and ProPublica, March 10, 2022.
5
establish statewide standards for juvenile detention facilities and requires facilities
to be licensed. Applicable regulations are found at LAC 67:V.7501-7525. As of
July 1, 2013 all juvenile detention facilities in the state were licensed and inspected
by DCFS. There are 13 such facilities in the state. State regulations require DCFS
to conduct at least one unannounced inspection of each detention center annually to
determine compliance with licensing standards. 6
Kenneth Loftin served as Executive Director from Ware’s opening until his
retirement in August of 2015.
Joey Cox became Executive Director on August 1, 2015, and served in that position
until he retired in January 2021.
The current Executive Director is Staci Scott, who was named Executive Director
by the Ware Board on February 8, 2022.
==============================
State licensing regulations require a juvenile detention facility to report all “critical
incidents.” Examples include suspected abuse or neglect, death, attempted suicide,
escape, sexual assault and serious injury requiring medical treatment. Such incidents
must be reported to DCFS Licensing, a parent or legal guardian of the juvenile, the
judge and defense counsel of record and, if appropriate, to law enforcement. [LAC
67:V.7511(I)]
Licensing regulations for residential homes require similar reporting of “critical and
other incidents.” [LAC 67:V.7111(D)] Examples include elopement or unexplained
absence of a resident, injuries of unknown origin, attempted suicide, injury with
6
Effective July 1, 2024 the licensing authority for juvenile detention facilities is transferred to the Office of Juvenile
Justice pursuant to La. R.S. 15:1110.3 (enacted by Act 445 of the 2023 Regular Session).
6
substantial bodily harm while in seclusion or during use of personal restraint, and
unplanned hospitalizations or emergency urgent care visits.
DCFS provides a Critical Incident Report form that is completed and submitted
online. The form (Exhibit B) requires the reporter to categorize the incident as one
of the following:
OJJ has a similar policy that applies to all employees and contract personnel. It
requires “reporting incidents or observation of events that may have an impact on
any aspect of the operation” of OJJ or “which affects the accomplishment of the
agency’s mission and guiding principles.” [Youth Services Policy Number A.1.14]
The policy provides the following definition:
OJJ’s UOR form (Exhibit C) lists 30 categories of incidents which allows more
accurate reporting and categorization of incidents than DCFS’s reporting form. For
example, the UOR form provides separate categories for Escape and Unauthorized
Area as well as separate categories for Sexual Misconduct, Prison Rape Elimination
Act (PREA) – staff/youth and PREA – youth/youth. When completed, the UOR is
scanned and emailed to OJJ.
7
CRITICAL INCIDENTS AT WARE
OIG conducted its own independent review of un-redacted critical incident reports
at Ware over the five-year period from 2018 to 2022. OIG obtained reports and data
from both Ware and DCFS. Incidents from both sources were combined and
checked for duplicate entries, which were removed. OIG’s review revealed the
following:
• There are no objective criteria for classifying critical incidents into categories,
resulting in inconsistent reporting that varies depending upon the subjective
interpretations of individual staff members.
7
Incidents that involved multiple high-offending juveniles were reported as single incidents.
8
• OIG determined the following with regard to Elopements (escapes):
9
o OIG also determined that 19 incidents reported under the category of
“Other” and five reported under “Unplanned Hospitalization” could
have been reported as suicide attempts, which would bring the actual
total over the five-year period to 75.
SUICIDES AT WARE
From 2017 to 2022, three suicide deaths 8 occurred at Ware. These are detailed
below:
8
Since Ware opened in 1993, three suicides have occurred at the facility. Although OIG’s review of un-redacted
records covered the period from 2018 to 2022, this report also includes the suicide that occurred at Ware in 2017.
10
her session she did not respond. She was found by a Youth Service Worker
who went to the room to check on the juvenile. Employees immediately began
CPR and EMS and the Red River Parish Sheriff’s Office (RRPSO) were
called. A RRPSO detective arrived at 8:11 pm and EMS arrived at 8:12 pm
EMS performed lifesaving measures and transported the juvenile to Christus
Coushatta Hospital where she was pronounced dead.
RRPSO detectives observed that a “purple bed sheet was still hanging loosely
on the top door hinge of the closet door with the end still tied in a noose
fashion” inside the juvenile’s assigned room. RRPSO interviewed the five
other female juveniles assigned to cottage #3. None of them stated that the
deceased had said she wanted to harm herself. RRPSO also interviewed Ware
employees on duty in cottage #3 and those who came to assist, as well as the
juvenile’s mother and grandmother.
The juvenile was arrested in Bossier Parish on December 26, 2018 and
transferred the next day to Ware on a $500 bond to await his next scheduled
court appearance. Upon initial in-processing, he was questioned by Ware
security staff about his general physical and mental health. The following
day, he received a more in-depth physical and mental health assessment by
Ware’s nurse and counselor. The juvenile was assigned to a room and allowed
to make phone calls to his parents.
Between December 27, 2018 and February 2, 2019, the juvenile made 13
telephone calls to family. During one of these phone calls, he reportedly
became upset and made a suicidal threat after being told he could not bond
out. The juvenile also reportedly made statements to other juvenile residents
11
expressing thoughts of suicide. Indications are that Ware staff was not made
aware of these statements, and subsequently assessed the juvenile’s tendency
for suicide as “low.”
Ware staff began CPR and contacted EMS. Upon arrival, EMS medics
continued CPR and transported the juvenile to Christus Coushatta Health Care
Center’s emergency room, where he was later pronounced dead.
This review determined that room checks were not conducted every 15
minutes as required. Although the Ware census check logbook indicated the
required checks were done every 15 minutes, security footage between 9:23
pm and 11:44 pm, when the juvenile was discovered, confirms that room
checks were conducted at irregular intervals that averaged 20 minutes, but
actually occurred between 15 – 30 minutes.
Security footage shows that between 10:00 pm and 11:45 pm, room checks
occurred at 10:13 pm, 10:42 pm, 10:58 pm and 11:44 pm, when the juvenile
was discovered. On one other occasion, at 11:29 pm, the staff member was
in the dayroom, but did not walk directly in front of the juvenile’s room.
Fifteen minutes later, the staff member discovered the juvenile hanging from
the window.
12
February 9, 2019 – 13 year-old male
The juvenile was arrested by the Bossier Parish Sheriff’s Office (BPSO) on
February 1, 2019 on a charge of aggravated arson for setting a roll of toilet
paper on fire while in the boys’ restroom at a Bossier Parish school.
On the evening of his arrest, the juvenile was transferred by the BPSO to
Ware, and booked in at 7:05 pm. The juvenile was assigned to Room 1 in
Dayroom A.
On February 5, 2019, the juvenile was moved to intake holding cell #2 for
disciplinary and security reasons. Witnesses interviewed by OIG stated that
during daytime hours, the juvenile was free to and did move about common
areas, play video games, interact with staff and other residents, and have
meals. Each night, the juvenile was placed back into holding cell #2 and the
door locked until breakfast the following morning.
On the night of February 9, 2019 the juvenile was placed into intake holding
cell #2 and the door locked. At 11:30 pm, he was found hanging from a sheet
that had been fashioned into a knotted noose and hung from an inside door
hinge. OIG investigators reviewed security footage that confirmed the last
check of the juvenile’s holding cell took place at 9:13 pm
Following an investigation by the Red River Parish Sheriff’s Office, two Ware
staff members were arrested on felony charges of malfeasance in office. One
of the staff members who was arrested died in an automobile accident in July
2021. A felony prosecution against the other staff member remains pending
in the 39th Judicial District Court in Red River Parish. 9 The matter is set for
trial on July 29, 2024. OIG has not included further factual details that could
be at issue in the criminal trial.
9
State of Louisiana v. Jhanquial Smith, Case #20-140565; 39th Judicial District Court, Red River Parish
13
DCFS Statement of Deficiencies
o Ware moved all bars to the outside of windows to prevent them from
being used as a tie-off point.
o Ware discontinued the use of holding cells, and the keys are now kept
by the Director.
14
Identification (RFID) 10 readers by each room to ensure that staff
completes their checks every 10 minutes by physically swiping a
handheld device. If the check is not physically completed within 12
minutes, a text message is automatically sent to two supervisors.
10
Radio Frequency Identification (RFID) is technology that uses radio waves to identify persons and objects.
https://www.dhs.gov/radio-frequency-identification-rfid-what-it
15
Other Actions Taken By Ware
• OIG also reviewed Ware’s reporting under the Prison Rape Elimination Act
(PREA). 12 Ware has written PREA policies that require all staff to
immediately report any knowledge, suspicion, or information received
regarding an incident of sexual abuse, sexual harassment or retaliation against
residents or staff who report an incident.
11
The Diana Sexual Risk Screening is a computer-based pre-hire/volunteer screening tool for use by youth serving
organizations where adults serve as volunteers or staff. https://dianascreen.com/about-us/
12
34 U.S.C. 30301, et seq.
16
• OIG reviewed all Ware PREA reports from January 2017 through February
2023. There were 44 reports, including attached investigative reports from
local law enforcement agencies. 38 of these cases were determined by law
enforcement to be unsubstantiated and six cases were substantiated. Of the
cases that were substantiated, five cases involved youth on youth and one
involved a Youth Service Worker. The juveniles were arrested for
committing simple battery (sexual intimidation), attempted sexual battery,
and sexual battery. The Youth Service Worker was arrested for malfeasance
in office.
CONCLUSIONS
• OIG, through its statutory authority, was able to access and conduct an
independent review of records without redactions. Redacted records do not
identify juveniles by name, and therefore it was not possible to determine from
those redacted records the number or nature of incidents involving repeat
offenders.
• During nine different visits to Ware, OIG investigators observed clean, safe
and secure facilities and professional staff. Over the past three years, as part
of its oversight responsibilities, OIG has physically visited every secure care
facility operated by OJJ in the State of Louisiana. The Ware campus
compares favorably to those other facilities.
17
APPENDIX A
18
EXHIBITS
Exhibit A – Aerial View of Ware Youth Center
19