Juveniles Abused in Residential Facilities to get More Protection

Juvenile abuse measure passes House

By Oona Goodin-Smith

The Philadelphia Inquirer

A bill that would make it easier for young people abused in residential facilities to hold those institutions accountable in court is one step closer to becoming law.

The U.S. House of Representatives onMonday unanimously passed the Justice for Juveniles Act, said U.S. Rep. Mary Gay Scanlon, Democrat-Delaware County, who introduced the measure.

“We have an obligation to protect the wellbeing of all children,” Scanlon said. With the passage of the bill, which will now move to the Senate, she said “we are one set closer to protecting children in corrections facilities.”

The bill would eliminate obstacles for young abuse victims tofile lawsuitswhile they are still detained in facilities by exempting people under the age of 22 fromthe requirements of the 1995 Prison Litigation Reform Act. That act intended to deter prisoners from filing “frivolous” lawsuits, Scanlon said, but does not take into consideration that incarcerated young people have a higher chance of being abused in facilities, or the difficulty youth face in navigating complex administrative requirements.

Currently, young people in residential facilities are required to first file a grievance with the institution before filing a lawsuit, and are not permitted to file for emotional abuse unless they are also claiming physical injuries.

The Justice for Juveniles Act would also exempt young offenders from the PRLA’s cap on attorney’s fees.

“Young people in justice facilities face a grave risk of solitary confinement, physical abuse, sexual abuse, and exposure to COVID,” said Jessica Feierman, senior managing director of Juvenile Law Center, a national children’s nonprofit organization. “Today’s win protects vulnerable youth bymaking it easier for them to seek help from federal courts.”

Gov. Tom Wolf has ordered an overhaul of youth facilities across Pennsylvania.