Lawsuit against juvenile facility settled
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By JAMES CARLSON
Topeka Capital-Journal
TOPEKA, Kan. (AP) -- A lawsuit alleging a Topeka juvenile correctional facility's insufficient staffing allowed a 12-year-old resident to be repeatedly raped has been settled out of court, an attorney for the boy said Monday.
Attorney Patrik Neustrom said he couldn't elaborate on the terms of the agreement reached a few weeks ago with the owners of Forbes Juvenile Attention Center.
"It's settled, and we're satisfied," he said.
The initial complaint had sought $75,000.
Officials at FJAC's parent company, Clarence M. Kelley Juvenile Justice Resources, didn't return phone calls and e-mails seeking comment.
Meanwhile, a criminal case against the then-15-year-old boy accused in the incident will return to court Jan. 14, said Don Troth, Shawnee County District Court administrator. At that time, the court will decide whether to move his case into the adult system.
The civil suit had alleged insufficient staffing and inadequate room checks at FJAC allowed the then-12-year-old boy to be raped by his roommate over a period of three days in January 2008. A Juvenile Justice Authority inspector general's report on the incident says room-check logs contained blanket statements about the whole floor without specific mention of individual room checks.
In an e-mail to CMKJJR vice president Terry Campbell on Feb. 14, 2008, the company's administrator, Scott Henricks, conceded some fault.
"The cause of the alleged incident can partially be attributed to staff error," he wrote.
There also were concerns expressed about the small size of the young boy. He was referred to FJAC in late 2007 or early 2008. Soon after, an FJAC worker contacted the outside placement coordinator and told her the boy would be "eaten alive."
A Topeka Capital-Journal story published Oct. 18 detailed the lawsuit's allegations as well as other claims by former employees and findings in state reports about insufficient staffing at the facility. Three weeks later, JJA commissioner Russ Jennings announced three changes to the state's juvenile justice system.
JJA now will subject juvenile group homes and detention centers to twice-a-year outside reviews; reclassify its facilities to be rated as low-, medium- and high-risk; and implement a statewide test to assess juveniles' risk of reoffending and the services best suited for their problems.
Neustrom said the reviews are a good step -- as long as they are conducted by truly independent groups.
"If it's an independent agency accountable to the Legislature or accountable to some group that's independent, that's your best shot at oversight," he said.