By Melissa L. Shusterman and Bree Hood
The Philadelphia Tribune
https://www.phillytrib.com/
As a legislator fighting to improve conditions for children, I’ve invited Bree Hood, an individual who has directly experienced harm within the juvenile legal system, to join me as we recognize the importance of protecting children in residential facilities.
We are partnering in this advocacy because I believe the lived experiences of young people and their families have given them a unique perspective. It is past time to elevate their voices as we work to improve our laws that protect young people across the Commonwealth.
Our current state regulations simply do not adequately protect children. From Wordsworth Academy where a staff member’s improper restraint led to a child’s death, to Philadelphia’s Juvenile Justice Services Center where children experience excessive solitary confinement, Pennsylvania has repeatedly failed to keep children safe in our juvenile legal system.
In 2021, Pennsylvania’s bipartisan Juvenile Justice Task Force agreed. It’s been 4½ years since the task force’s report was released, and yet only two of the 35 legislative recommendations have been enacted into law. We must not wait to protect our children.
As a legislator, I’ve introduced three bills in the Pennsylvania House that were taken from the task force’s recommendations:
House Bill 1573 would require publication of key data including demographics of youth in placement, staffing ratios, programming offered, and average length of stay in each facility. Publicly available data ultimately creates a safer environment for youth by allowing stakeholders to discover trends and understand challenges.
House Bill 1576 would provide for the state to reimburse counties for 50% of their costs for youth indigent defense, supporting quality legal representation for youth and protecting their rights in court.
House Bill 1577 would increase facility oversight and add urgently needed safeguards for children living in residential facilities. These are reasonable and common-sense solutions.
Let’s take a detailed look at House Bill 1577. This bill is important because it recognizes that children are children and deserve age-appropriate, humane treatment. It respects the dignity and safety needs of children in facilities by limiting the use of restrictive and harmful procedures such as pepper spray, solitary confinement, restraints, body cavity searches and strip searches. These restrictive procedures can cause physical harm, as well as lasting mental and emotional health consequences such as flashback responses and post-traumatic stress disorder.
Our understanding of child psychology, child sexual abuse and mental health has advanced far beyond these rudimentary control measures. It’s time our laws and procedures catch up.
My bill prohibits facilities from using these procedures except as a clear last resort to protect the child or others from physical harm. Facilities may not use restrictive procedures for punishment, retaliation or for reasons beyond the child’s control, such as administrative convenience or staffing shortages.
Additionally, House Bill 1577 further protects children by ensuring that children and their families understand their right to file a grievance if children are subjected to illegal treatment or other violations. Some facilities currently do not adequately disclose these rights, leaving children less able to seek help when they face abuse.
It’s the duty of our legislature to act. I continue to advocate with my colleagues to pass these reforms. I am proud that my three bills have passed the House and have been referred to the Senate for consideration. Bree and I urge the Pennsylvania Senate to advance these bills swiftly — Pennsylvania’s children cannot wait any longer.
