Spokane joins Washington’s 38 other counties in suing the state

(The Center Square) – Spokane and other counties statewide are teaming up to sue the Washington State Department of Children, Youth & Families for failing to house juvenile offenders amid capacity shortages.

The Board of County Commissioners agreed on Monday to enter into a lawsuit against DCFY with the Washington State Association of Counties. Earlier this month, DCFY suspended new intakes for the state’s two juvenile rehabilitation facilities, forcing the counties to fill the role.

“That suspension was done in response to overcrowding at those facilities,” said Chris Anderson, Spokane County’s chief civil attorney. “It was done unilaterally without any notice to the counties.”

Spokane is now among Washington’s 38 other counties planning to take legal action against the state. Anderson said that WSAC is recommending they file for declaratory injunctive relief, which could direct DCYF to comply with its statutory duties in housing juvenile offenders.

While Spokane County is home to two juvenile detention facilities, those are typically reserved for less egregious offenses.

Anytime the courts sentence a juvenile to 30 days or more, the state must hold them at either Green Hill School or Echo Glen’s Children’s Center; however, that’s not happening with DCYF suspending new intakes.

Instead, Spokane, like the other counties, has to house its own juvenile offenders now, even if sentenced to over 30 days. All the while, Spokane Sheriff John Nowels has been blowing the whistle about a lack of capacity at its juvenile and adult detention facilities.

Martin Hall and Spokane’s other juvenile facility have less than 100 cells combined . Meanwhile, felony juvenile offense referrals increased 25% from 2022 to 2023, with gross misdemeanors and misdemeanors referrals jumping up 44%.

Commissioner Chris Jordan, who used to represent DCFY as an attorney, abstained from the Monday vote out of an abundance of caution.

DCFY tried to free up some space at its Green Hill School after announcing the intake freeze by transferring 43 intimates with adult sentences to the Department of Corrections. However, it did so without a hearing, which violated state law.

Those offenders then sued for DCFY’s failure to house them at a juvenile rehabilitation facility until they turned 25, which led to the courts transferring them back to Green Hill until the hearings take place.

From January to June, Green Hill’s juvenile population increased from 150 to 240 offenders, which is 30% over capacity.

“We made this call to protect our staff, community, and the young people we serve, and this was the most equitable way to do it,” wrote DCFY Secretary Ross Hunter in a press release when announcing the transfers. “We considered all our options and had to take action to address unsustainable conditions on campus.”