HomeMy WebLinkAboutDISCUSSION re DCYF JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Melissa Pleimann,Civil DPA
DATE: August 05,2024
SUBJECT: Counties Litigation against DCYF related to Juvenile Rehabilitation intake
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STATEMENT OF ISSUE:
The Washington State Association of Counties (WSAC) along with twelve Washington counties,
are filing an action against the Department of Children, Youth, and Families(DCYF)to force it to
perform its statutory duties related to admitting youth and young adult offenders into Juvenile
Rehabilitation facilities. This is currenting effecting Jefferson County.
WSAC has approved funding for Pacifica Law Group, LLP to represent the counties' position
against DCYF. WSAC and Washington Association of Prosecuting Attorneys(WAPA)are asking
counties to join in this lawsuit. The Prosecuting Attorney's Office (PAO) recommends the Board
of County Commissioners (BoCC) authorize Jefferson County's participation in the lawsuit.
ANALYSIS:
The Juvenile Justice Act obligates DCYF to take custody of and supervise juvenile offenders who
are confined for more than 30 days. RCW 13.40.185(1). On July 5, 2024, DCYF Secretary Ross
Hunter issued a letter announcing that DCYF would immediately"suspend the intake of youth and
young adults into Juvenile Rehabilitation facilities." Subsequently, on July 19, 2024, Secretary
Hunter announced that DCYF is re-opening one Juvenile Rehabilitation facility for admissions
with the condition that it does not exceed the stated safe operational level. This announcement
only resulted in eight available Juvenile Rehabilitation beds.
DCYF's refusal to admit juvenile offenders to DCYF Juvenile Rehabilitation in response to county
juvenile court disposition orders ordering DCYF Juvenile Rehabilitation, will result in juvenile
offenders being left in county jails rather than rehabilitation facilities. Jefferson County is
particularly unique because there is no secure juvenile detention facility within the county.
Jefferson County contracts with neighboring Kitsap County to provide these services both pre-
disposition and post-disposition. Jefferson County has experienced the impact of Kitsap County
refusing to accept Jefferson County juvenile offenders.
The lawsuit seeks declaratoryand relief against DCYF or a writ of mandamus to declare
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DCYF's refusal to admit juvenile offenders to DCYF Juvenile Rehabilitation a violation of RCW
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13.40.185 and direct DCYF to admit juvenile offenders to DCYF Juvenile Rehabilitation. Pacifica
anticipates filing the lawsuit in the next few days. Jefferson County joining in the suit would give
weight to the lawsuit, sending a message to the department and legislature, as well as,
strengthening the case by including Jefferson County's unique situation.
FISCAL IMPACT:
WASC has been funding the litigation and doing almost all the work. The participation of the
PAO in this case will have minimal impact. There will not be a budget impact, but there will be a
slight decrease in the capacity of the civil department of the PAO.
RECOMMENDATION:
That the Board motion to approve Jefferson County's participation in a lawsuit filed by the
Washington State Association of Counties against the Department of Children, Youth, and
Families (DCYF) related to its refusal to admit youth and young adult offenders sentenced into
Juvenile Rehabilitation facilities, consistent with the law.
REVIEWED BY:
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Mark McCaule , ounty Administrator Date
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