7-31-2013 West Virginia:
The Harriet B. Jones Treatment Center for juvenile sex offenders must be moved out of its current facility before Sept. 30, visiting Mercer County Circuit Court Judge Omar Aboulhosn ruled July 10.
His decision came after witness testimony regarding concerns of the lack of compliance with a previous court order and severe short-staffing.
In his verbal order, Aboulhosn said he was "stunned" to find out juveniles with mental issues, who were housed in the wellness center, were currently being housed with adult sex offenders. Aboulhosn noted those adult sex offenders were juveniles when they committed the offense.
"I'm frustrated," Aboulhosn told attorneys. "I'll be honest with you; this is frustrating. … State government is like this huge ship and you can't spin it on a dime but this matter calls for it to be turned on a dime."
"I'm ordering this because this is the only way I can make this ship turn on a dime," he later added.
According to the West Virginia Division of Juvenile Services, the maximum-security, state-operated facility houses 38 beds for male sex offenders and it is located on the grounds of the West Virginia Industrial Home for Youth.
Earlier this year, the Division of Juvenile Services announced its intention to close the Industrial Home as a juvenile facility and to relocate more than 300 adults there.
The change was part of a larger plan proposed by Gov. Earl Ray Tomblin and the West Virginia Department of Military Affairs and Public Safety to reorganize facilities under the Division for Juveniles Services and the Division of Corrections.
Mountain State Justice, which represents two residents of the facility, originally filed the emergency petition for writ of habeas corpus and writ of mandamus in the state Supreme Court against Dale Humphreys, director of the Division of Juvenile Services and David Jones, the superintendent of the West Virginia Industrial Home for Youth.
The case later was transferred to Kanawha County Circuit Court for factual development, and Mercer County Circuit Court Judge Omar Aboulhosn was appointed to oversee the case.
In the court's November order — which is at issue in the Harriet B. Jones treatment facility matter — parties in the Industrial Home lawsuit agreed to policy changes, such as those controlling solitary confinement, appropriate garb and weekly phone calls.
The order also included an agreement about strip searches, requiring that strip searches be performed only if there is a reasonable suspicion that residents are in possession of contraband, instead of every time they leave the building.
Mountain State Justice called four witnesses, including impromptu witness Stephanie Bond, who serves as the acting director of the West Virginia Juvenile Services.
The first witness was Teah Louise Trent, a former correctional counselor at the treatment center. Trent, who said she is pursuing legal action for wrongful termination allegations, said the facility's director told employees the court order only applied to the Industrial Home for Youth and wouldn't make changes until someone forced them.
Although Trent testified the facility eventually did make changes by discontinuing random searches, changing uniform shirts and allowing residents to talk in the lunchroom, Trent said she still had concerns about understaffing. ..continued.. by Andrea Lannom
July 31, 2013
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