Juvenile Justice Council calls on Inslee to fire DCYF director amid lawsuit

(The Center Square) – Each of Washington’s 39 counties teamed up on Wednesday and filed a joint lawsuit against the state for failing to fulfill its statutory obligations in housing juvenile offenders.

The Washington State Association of Counties issued a press release Wednesday announcing the lawsuit after gathering support over the past few weeks. This comes after the Department of Children, Youth & Families, which is responsible for housing the juveniles, said it would suspend new intakes at two facilities due to capacity constraints earlier this month.

WSAC alleges that DCYF failed to fulfill its statutory obligations and handed the responsibility over to the counties without prior notice. The Superior Court Judges’ Association also backed this up in a letter to DCYF, noting that this was foreseeable and preventable.

“This extraordinary announcement was made without notice or consultation with county officials,” wrote Derek Young, WSAC’s interim executive director. “The State apparently gave no thought to the impact this decision would have on the rest of the system or the youth and young adults and their families.”

Like the Superior Court Judges' Association, WSAC noted that this “should have come as no surprise to DCYF.” Several factors contributed to the overcrowding, most notably the fact that since 2018, the state has ordered DCYF to house juveniles with longer sentences until they are 25 years old.

DCYF attempted to free up some space at one of the facilities by transferring 43 intimates from the ages of 21 and 25 to prison; however, a Thurston County Superior Court blocked the effort because DCYF did so without transfer hearings, which violated state law.

“The issues that led up to this day were obvious and foreseeable,” wrote Lisa Janicki, WSAC president and Skagit County commissioner. “When the state greatly expanded the ages eligible for JR services, it was clear that DCYF’s capacity would need to expand. Instead, the agency reduced capacity but acted like the overcrowding problems at Green Hill and Echo Glen are a surprise.”

Back in 2022, DCYF and the Legislature decided to close another juvenile facility that housed up to 150 people between the ages of 16 and 25. According to the letter from the Superior Court Judges, this only exacerbated capacity issues at other facilities, which led to several juveniles escaping.

Yesterday, the Washington State Partnership Council on Juvenile Justice, which was propped up by the state, called on Gov. Jay Inslee to fire DCFY Director Ross Hunter. In a formal letter , the council also noted that this was on everyone’s radar.

“In March and April of 2024, advocates sent a letter to DCYF and held a webinar describing in detail how conditions at Green Hill had been worsening since the fall of 2023,” wrote Council Chair Gordon McHenry, Jr.

Young told The Center Square that WSAC expects to hear back from the courts in the next few weeks. WSAC filed for declaratory injunctive relief, which is typically handled faster than a tort claim or a run-of-the-mill lawsuit.

He said that if the court sides with WSAC, it would likely order DCYF to fulfill its statutory obligations in housing the juveniles and potentially direct the state to adequately fund and operate the facilities to accommodate the growing population.

“We ask that you not allow for JR to 25 – one of the most progressive pieces of legislation that has crossed your desk and been affirmed by your signature – to become kindling in the fire of injustice,” wrote McHenry, Jr. in the letter, “that is actively being fanned by antiquated, fallacious narratives that focus on the failure of young people rather than the systems that have been poorly positioned and resourced to serve them.”