Thurston County jail. (Bill Lucia/Washington State Standard)
The Washington State Association of Counties is suing the state over its decision to suspend intakes at two juvenile detention centers and house newly convicted youth in county jails due to overcrowding.
The association, which represents all 39 of Washington’s counties, is asking King County Superior Court to reverse the intake suspension. The lawsuit was filed Wednesday and lists 13 county governments as plaintiffs, including Pierce, Clark, Spokane, Snohomish and Thurston Counties.
“[The state’s] decision not only risks the safety of our youth in the justice system but also transfers the state’s current overcrowding and safety issues directly to counties,” Derek Young, the association’s interim executive director, said in a statement.
In the lawsuit, the counties argue the Department of Children, Youth and Families is failing to meet its legal obligations and that local jails are not equipped for housing juveniles long-term and providing rehabilitative programming. The department has said the suspension may last for months.
The counties also say that despite Department of Children, Youth and Families director Ross Hunter’s reassurance that juvenile offenders will not be released early due to the decision, “Secretary Hunter does not have the authority to ensure no offenders are released early.”
“The counties remain uncertain that a court somewhere won’t order that youthful offenders be released early if they can’t be housed at a DCYF facility,” said Rob Coffman, the association’s vice president and Lincoln County Commissioner.
The lawsuit comes amid recent calls for Hunter’s resignation from two state lawmakers and a letter sent to Gov. Jay Inslee by the Washington State Partnership Council on Juvenile Justice asking the governor to fire Hunter. Young said the counties did not discuss asking for Hunter’s removal.
The counties’ association said the Department of Children, Youth and Families “failed to plan for the expected growth of young people in their facilities due to changes in the law,” referring to a 2018 law known as “Juvenile Rehabilitation to 25” that expanded the ages eligible to be housed in juvenile facilities.
The department has two facilities, Green Hill in Chehalis and Echo Glen in Snoqualmie. The state closed one of its juvenile detention centers, Naselle Youth Camp, in 2022, which held up to 150 young men ages 16-25.
Lisa Janicki, president of the Washington State Association of Counties, said it was “obvious and foreseeable” that the department’s capacity would need to expand after the 2018 law passed.
“Instead, the agency reduced capacity but acted like the overcrowding problems at Green Hill and Echo Glen are a surprise,” said Janicki, also a Skagit County commissioner.
In a statement to the Standard, the Department of Children, Youth and Families said freezing intakes was “necessary to mitigate ongoing threats to safety caused by overcrowding.”
“Without safety we cannot provide a therapeutic environment and offer programming to young people at our facilities,” said agency spokesperson Nancy Gutierrez. “We anticipated legal actions but hope for a quick resolution based on our shared interests of balancing both public safety and juvenile rehabilitation.”
The lawsuit
According to the counties’ association, the Department of Children, Youth and Families made the intake suspension decision without consultation with county officials and gave notice to county administrators on July 5th, one day before the department’s public announcement.
“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,” Young said.
Green Hill, which has a maximum safe operational capacity of 180, reached 150 young people in January 2023, according to the counties association’s press release. As of June 2024, the facility houses 240 young people.
The department opened up remaining spots within Echo Glen’s capacity on July 19, a total of eight spots — but “Pierce County alone is on track to commit up to 50 additional youth to DCYF’s custody by the end of the year,” the counties’ lawsuit said.
When announcing the intake suspension, the department blamed longer sentences and more convictions for the overcrowding issue.
It’s a sentiment echoed by Inslee, who has not directly addressed the calls for Hunter’s removal but told the Standard he’s focused on helping the department handle the “massive tsunami” of juveniles sentenced this year.
But the counties say overcrowding is “legally irrelevant.” The counties also argue the state is violating the Juvenile Justice Act, which requires juveniles sentenced to more than 30 days to serve their sentence “under the supervision” of the Department of Children, Youth and Families.
The lawsuit also argues counties are bearing the brunt of the costs of recent actions because the state has failed to provide adequate funding for housing youth in county jails as promised.
This story has been updated with a statement from the Department of Children, Youth and Families.
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