Keyes v. School District No. 1 Denver, CO. Appendix Vol. 2
Public Court Documents
February 2, 1970 - February 20, 1970

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Division of Legal Information and Community Service, DLICS Reports. A Call for Reform of Maryland's Training Schools, 1973. 364f112b-799b-ef11-8a69-6045bdfe0091. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/ca40f4cd-e37e-40b6-b468-87a6e7b6b7df/a-call-for-reform-of-marylands-training-schools. Accessed May 03, 2025.
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"- I 0 NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. 10 Columbus Circle, New York, N.Y. 10019 • 586-8397 A CALL FOR REFORM OF MARYIAND'S TRAINING SCHOOLS a report by The Task Force on Juvenile Justice a n d The Division of Legal Information and Conununity Service NAACP Legal Defense and Educational Fund, Inc. February 1973 Contributions are deductib'le for U.S. income tax purposes TABLE OF CONTENTS INTRODOCTION. 1 4 O\lER'7IEW· • ••••••••••••••••••••• . . . . . . . . . . . . . . . . . . . . 5 - 18 THE TRAINING SCHOOLS: PROBLEMS .AND PRACTICES ••••••• . . . . . . . . . . . . . . . . . . . 19 63 SUMMARY AND CONCLUSIONS ••••••••••• . •. . . . . . . . . . . . . . . i iv RECOMMENDATIONS • ••••• · ••••••••••••••••••••••••••••• v x 0 INTRODUCTION The Task Force on Juvenile Justice was formed in November 1972, by a group of black citizens in Baltimore, Maryland, because of a conunon concern for the problems of juveniles who are in conflict with the law and who are in need of better services to deal with their problems. The Task Force members work in various capacities with children in that city, i.~., social service agencies, educational programs, medical facilities, community organizations and court related programs which deal with the problems of young people. The Division of Legal Information and Conununity Service () of the NAACP Legal Defense and Educational Fund, Inc. is also deeply concerned with the rights of children, particularly black children, and is seeking means to determine whether their rights are being violated by the manner in which courts and administrative agencies deal with children who are in conflict with the law. This common cause brought together the Task Force on Juvenile Justice and the Legal Defense Fund. Their first joint objective was to visit four training schools operated by the State of Maryland to observe and assess the effectiveness of the institutions' programs in returning productive citizens to the city and its neighborhoods and to determine what effective progr ams could be implemented and ( 0 what resources could be utilized to reduce the incidence of juvenile delinquency in Baltimore. The Task Force visited the training schools in November and December of 1972. During each visit, the Task Force met with the superintendent of the training school and other staff members to collect basic information about the children, programs, facilities, and ·the medical services. Members of the Team then split into groups to vi'sit various parts of the institution, particularly the cottages and staff who have the most contact with children. Children were interviewed at each of the training schools. Because the Task Force members are deeply involved with children in Baltimore communities, they are keenly aware of the inadequacies of the institutions of the juvenile justice system, especially the training schools, which are not helping children who are in trouble. The members of the Task Force feel the brunt of the children's; problems. Many youngsters who a.re adjudicated delinquents by the juvenile court and committed to institutions return to their communities with their problems unresolved. They fear the system's failure to correct the problems at an early age may lead to further criminal acts when the child matures. In fact, they have seen many children who have passed through Maryland's training schools later become the inmates of the adult prisons. The System's - 2 - 0 failure has convinced them that better solutions to children's needs must be found at the community and institutional level. This report is based on background research, information and observations collected during visits. - 3 - 0 The Task Force consists of the following Baltimore citizens: Marian Banfield - Family and Children's Society Frieda Coleman - Family and Children's Society Henri Ann Daniels - Baltimore Department of Social services Raymond Harcum - Community Learning center Rudel Martin - Baltimore Welfare Rights organizatio n Madeline Murphy - Columnist, Afro-American Newspapers Norman Reeves - Ralph Young Junior High School Dr. Oakley Saunders - pediatrician In addition, the Task Force was accompanied by two staff members of the Legal Defense Fund, Phyllis McClure and Ann Wagner. - 4 - 0 OVERVIEW Juveniles committed to the four training schools fall into two categories - delinquents and Children In Need of Supervision (CINS). Under Maryland law, a child under the age of 18 is a delinquent if he has committed a violation of law which would be a crime if committed by an adult.* · According to institutional authorities, most juvenile crimes are theft, assault, or possession of drugs. A "child in need of supervision 11 (CINS) is a child who has committed an offense which is applicable only to children. A CINS is one who has been determined to be habitually a truant from school; habitually ungovernable or disobedient; beyond the control of his parents; likely to endanger himself or others; or one who requires guidance, treatment or rehabilitation.** In addition, children who have been charged as delinquents or CINS are detained at training schools and other detention centers until their hearing (or trial). The legal limit for this detention is 30 days. * Annotated Code of Maryland, Article 26, § 26(g) (h) ** Annotated Code of Maryland, Article 26, § 26(i) - 5 - 0 Thirty-seven percent (37%) of all juvenile cases in Maryland are reported from Baltimore. In 1971, there were 8,780 juvenile cases in Baltimore, and of this number 75.6% were delinquency cases and 14% were CINS cases. Of particular concern is the disproportionate number of black children and Baltimore City children who are committed to training schools. Throughout the State of Maryland, referrals to juvenile courts are 7C1'/o white, yet 54% of the commitments to training schools are black. At each training school, 50-7C1'/o of the children are from Baltimore. The training schools operated by the Department of Juvenile Services (DJS) are only one phase of the juvenile justice system in Maryland. The Maryland Department of Juvenile Services provides juvenile court services throughout the state in the eight judicial circuits. Each judicial circuit has a judge sitting in Juvenile Court either full or part-time. Baltimore City is a separate circuit with a full-time judge and seven masters. These judges and masters hear all cases concerning juvenile matters. The training schools must accept whomever the juvenile court judges send to them. Juvenile court judges generally commit youngsters to the Department of Juvenile Services which, in turn, places children in one of the training schools or forestry camps depending on his age, sex, and whether he is a delinquent or CINS . - 6 - under Maryland law, a delinquent child is committed for an inde- terminate period, not to exceed three years. However, judges sometimes commit children to a specific institution and at times for a determinate sentence. Although juveniles are sen- tenced for an indeterminate period, the average length of stay among the four training schools ranges from six to eight months. There are, however, children who remain in training schools up to two years because there is no other place for them to go. Juvenile court judges have (and often exercise) the d i scretion to commit a child as a delinquent or a CINS. Since the delinquent label places a greater stigma upon a child, the judge ' s decision can have the effect of marking a child for life. This discretion is further used to avoid sending white c:J children to majority black training schools. Victor Cullen, the training school for male CINS, is 60% white, while the two t raining schools for delinquent boys are 60% black (Boys Village) and 78% black (Maryland Training School). The juvenile court services provided by the Depart ment include intake, probation, and aftercare. The intake process is the child's first point of contact with the crim- inal justice system. The intake responsibilities consist of handling referrals of children by the police, the Department of Social services, the schools, or b y parents. The Department determines the legal sufficiency of the complaint against the child and determines whether a forma l pe tition should be filed for a hearing in Juvenile court or whether a case should be - 7 - 0 informally handled without court proceedings. Intake workers screen complaints and divert some childre n f~om appearing before the court~ In Baltimore, approximately 24% of the complaints against children are screened out. These children may be referred to another agency or put on informal probation for 45 days. Probation services are provided for children who have been adjudicated delinquent or CINS but who are determined not to require institutionalization. The after care staff is assigned to children in institutions in order to plan for their release and to provide supervision when the child has returned home. In addition to these court services, the Department of Juvenile Services contracts with various private institutions and foster homes to provide care and supervision for children (known as purchase of care). Purchase of care is presently a limited alternative to confining juveniles in training schools, and 68°fe of all children under purchase of care are white. Since 1968, the number of. juveniles in purchase of care placements increased from 116 to 453. The Depart ment also operates three group homes, all located in Baltimore. The four training schools operated by the Department are Victor Cullen, Montrose School for Girls, Boys Village, and Maryland - 8 - ( Training School for Boys. In addition there are five forestry camps · and two detention facilities - Maryland Children's Center and T. S. Waxter Children's Center. Confinement of juveniles to training schools is on the increase. On November 1, 1972, there were 1,182 committed and detained youngsters in the four training schools. The average daily population in November, 1972 was 1,073, and increase of 140 children over the average daily population of 933 in November, 1971. The Department projects future increases in institutional population. Maryland law authorizes the Department of Juvenile Services Q to operate facilities "as may be needed properly to diagnose, care for, train, educate, and rehabilitate children in need of these s ervices."* The goals of the Juvenile Court Services Division of the Department of Juvenile Services are: "to provide for the care, protection and wholesome mental and physical development of children, to remove from children committing delinquency acts the taint of criminality and the consequences of criminal behavior and to substitute a program of treatment, training and rehabilitation; to place * Annotated Code of Maryland, Article 52 A § 11. - 9 - a child in a wholesome family environment whenever possible; and to separate a child from its parents only when necessary for his welfare or in the interests of public safety."** The 1972 Fiscal Year budget of the Department of Juvenile Services was $19,279,452. Of this total, $11,364,651 was spent on all institutions, $2,315,750 was spent on community and residential programs, and $4,793,753 was spent on court services. Budget expenditures have increased in recent years, as the following Q table shows : Fiscal Probation & Community & Year Institutions Court Services Residential Total -- 1969 7,344,951 2,130,139 380, 242 10,313,549 1970 8,539,963 2, 686, 603 651,649 12,420,092 1971 10, 222, 861 3,755,940 1,439,488 16,016,908 1972 11, 364, 651 4,793,753 2,315,750 19,279,452 ** Maryland Department of Juvenile Services , Programs and Facilities, 14 (January, 1972). - 10 - 0 The four training schools are located in rural areas of the state isolated from the neighborhoods from which many of the children come. Three of the institutions are for boys and one is for girls. Boys Village and Maryland Training School are for boys who have been adjudicated delinquents. Victor Cullen serves boys who are CINS. Montrose, the training school for girls, serves both CINS and delinquents. ·The training schools also are used for detention of children awaiting their hearing (trial) before the juvenile court. Except for Maryland Training School, the detained children who have not been judged guilty of any offense are mixed in with the children who have been committed by the juvenile courts .. Children confined in these training schools range in age from nine to 18. A majority of them are black youngsters from Baltimore. They typically come from poor and broken homes; they are academically retarded and behind grade level; and they have had previous contact with the Department of Juvenile Services. Within each institution, there is a wide variation of children. A few are repeated juvenile offenders. Some are children with organic brain damage, severe psychological and emotional problems, or mental handicaps. Other children at the training school simply need supervision, guidance, and a stable family situation in which - 11 - to mature, and no foster home or purchase of care institution has accepted them. Children confined under the CINS statute at Victor Cullen and Montrose have committed no crime, yet they are institutionalized and treated no differently from children who have been found guilty of a crime. Still others are being detained for their trial or being detained because their parents have not been locat~d. There have been instances in which a child has been missing from home for two weeks before he was found in a training s~hool. The reason for such a wide variation of children in the () training schools is that juvenile judges have wide discretion in committing and detaining children, and there is no uniform evaluation and diagnostic process to screen children prior to commitment. Some children come to the training schools after detention at Maryland Children's Center where they are diagnosed. Other children come with no complete diagnosis. Children may have a social investigation done by the probation or intake staff, but this report may not have diagnosed adequately the particular kind of care which the child requires. Without uniform screening, the training school knows little about the children it receives, yet it is expected to meet a variety of needs. - 12 - ( 0 According to a recent research report* on the Maryland Trai ning School for Boys, 46% of the sample of youngsters admitted had no record of any previous psychological, psychiatric, or neurological examination. In some cases, precommitment examinations were not recent, and in other cases the results of previous examinations w~re not available to the training school. The report concluded that "in a considerable proportion of the cases the boy was sent to the Training School without professional evaluation of the psychological facto~s operative . . . at the time of admission in order to plan appropriate treatment for the boy." The screening that is done by the Department of Juvenile Services does not permit the court to determine whether a child has severe psychological, emotional or mental problems which require treatment and institutionalization, or whether the child simply needs supervision and guidance without the necessity for institutionaliza- tion. Even if the court did have a comprehensive diagnosis, there is a very limited number of non-institutional programs in which children can be placed in the state. * Research Department, Sheppard and Enoch Pratt Hospital, Population and Process Characteristics of the Maryland Training School for Boys, 1970-71, 18 (November, 1972 ) . - 13 - 0 The training schools get children who are repeated offenders, children who have no stable home, children who can not be placed in foster homes or purchase of care facilities, or children whom judges commit to pacify community pressures to remove them from society. The training schools become institutions for children for whom our sQciety. has no place. The following section presents basic information about each of the four training schools. - 14 - ( LOCATION: SUPERINTENDENT: FUNCTION: "POPULATION: 0 STAFF: BUDGET: BOYS VILLAGE Chelt enham (Prince Georges County) Robert J. Sauls for delinquent boys between the ages of 10 and 15, including boys detained for court hearings. total on rolls total on grounds detained committed racial canposition 6-0'/o black 40'/o white percentage from Baltimore 70'/o percentage overcrowding 2.5% total number all staff racial composition 90'/o black total $2,319,452 per capita $ 11,597 - 1 5 - 274 204 56 148 186 ( 0 MARYIAND TRAINING SCHOOL FOR BOYS LOCATION: SUPERINTENDENT: FUNCTION: POPUI.J\TION: STAFF: BUDGET : Lock Raven Dam (Baltimore County) Robert J . Harrington for delinquent boys, both detained and conunitted, between the ages of 16 and 18. total on rolls total on grou_nds detained committed racial composition 78% black 22% white percentage from Baltimore 70-75% 320 172 52 120 percentage overcrowding 27.9'~ total number of staff 250 racial composition 52% black total $2,838,023 per capita $ 12 I 900 - 16 - LOCATION: SUPERINTENDENT: FUNCTION : POPULATION: 0 STAFF: BUDGET: VICTOR CULLEN Sabillisville (Frederick County) in the Catoctin Mountains James M. Dean for male CINS between the ages .of 9 and 17 total on rolls 184 total on grounds 176 racial composition 40>.ki black 6 O>.ki white percentage from Baltimore 52% percentage overcrowding 32 . 3'.k. total number of staff 161 racial composition 94% white total $1,682, 894 per capita $ 10,600 - 17 - ( LOCATION: SUPERINl'ENDENT : FUNCTION: POPUI.ATION: 0 STAFF: BUDGET: MONTROSE SCHOOL FOR GIRLS Reisterstown (Baltimore County) Leonard F. Gmeiner for delinquent girls, both detained and committed. Most girls are between the ages of 13 and 18. total on rolls total on grounds detained committed CINS delinquents racial composition 51% black 49°,,.b white 275 205 24 181 . 185 20 percentage from Baltimore 66% percentage overcrowding 10.6% total number of staff 188 racial composition 54% black total $2,174,474 per capita $ 10,872 - 18 - 0 THE TRAINING SCHOOLS: PROBLEMS AND PRACTICES Physical Facilities Each training school is organized on the cottage system. Each cottage houses 20-25 children and it is· in the cottage that the child spends most of his time. The cottage dormitory is a large room with rows of beds, all with uni- form bed covers and no sign of individual possessions. Some cot- tages have private rooms which are barren, except for an iron bed, small metal cabinet, and very few signs of decoration which would provide identity for children. The recreation room in all the cottages typically contains a television set, a pool and ping-pong table, perhaps a small book shelf and some furniture. The toilet area is one large room with open showers, and a row of toilets (frequently without seats), none of which are enclosed in stalls. Personal possessions are kept in open lockers. There is virtually no possibility for privacy except at Montrose where each girl has a private room. Front doors to the cottages are locked at Montrose. At the other training schools, most cottages are not locked. Windows are covered with heavy metal screening. Individual rooms can be locked from the outside so that they can be used to confine a student for discipline purposes. - 19 - General Organization and Routine The daily routine in all cottages is virtually identical . Boys and girls arise between 6:00 and 7:00 a.m. They make their beds, clean up, change clothes, wash and prepare for breakfast. After breakfast, there is a break un- til 9:30 a.m. at which time students go to school for half a day, do their work detail, or simply sit around the cottage doing chores or watching television. Children leave the cottage in the morning and afternoon to attend school or vocational classes or to do work details. They return for lunch and again in mid afternoon. For most of the remainder of the day they sit indoors watching television, playing pool, writing letters, smoking, reading or talking with other students or cottage staff. A few students were observed engaged in sports during this period, but for the most part they remained in the cottage unless a staff member was free to take them to the gym. With the exception of Victor Cullen where students eat in a central cafeteria, all meals are eaten in the cottage. Bed time is around 8:30-9:00 p.m. for girls and 9:30-10:00 p.m. for boys. At Maryland Training School and Boys Village, some students might be permitted to play football in frort.of the cottage in the afternoon. However, the girls at Montrose had to remain in their rooms (when they were in the cottage) and could not come out of the room for any reason without permission of the staff member on duty . By contrast, boys were allowed to move around the cottage, - 20 - in the dining area and recreation room. When children move out of the cottage to other buildings, they are generally moved in I groups under the watchful eye of a staff member. The single greatest impression of cottage life in the after- noon and evening was the feeling of confinement and the absence of orgµnized purposeful activity. Students commented on their own boredom, lack of activity and imprisonment. Work Routine Students are entirely responsible for the main- tenance of their cottage, and in addition they are. assigned work details in the administration, school, central kitchen, laundry, vocational shops and other buildings. Extra work in the cottage can be assigned as punishment which may explain 0 the clean and well scrubbed appearance of all cottages. Boys at Maryland Training School and Boys Village may earn money working in the laundry, kitchen, maintenance or off grounds. At Maryland Training School the wages are 10 cents an hour, at Boys Village a dollar a week. The superintendent of the Maryland Training School reports that while about 25% of the boys work, most boys decline these jobs because of the low pay. A few boys may have the opportunity to work o f f grounds in nearby small businesses, especially franchised food outlets. At the Maryland Training School, 20 boys were worki ng off grounds for $1.60 per hour. Orientation When a student first arrives at the institution, he is assigned to an orientation cottage where he - 21 - 0 may remain for a few days or for several weeks, depending on the institution. During this time, the student is acquainted with the routine of the institution and duties expected of him, and the institutional staff evaluatesthe student. This evaluation consists of recording facts about the individual and his family, giving IQ and reading tests, evaluating the student's initial adjustment and behavior, and providing a physical examination. The purpose of this evaluation is to decide which cottage to place the boy or girl in. The orientation cottage serves the purpose of the training school in two ways. The first purpose of orientation is to acclimatize the child to the institution, to impress upon him not only the rules and regulations but more importantly to mold him to the overall penal purpose of the institution. Secondly, the orientation period permits the training school to evaluate the child in terms of the institution's own program. The child's be havior, educational or vocational aptitude, age, size and maturity are judged for purposes of placing him in the training school's program. The orientation period does not appear to be used to evaluate the child's individual needs or problems and to design a program to meet his needs. In part, this is so because of the institu tion's limited ability to deal with the wide variety of problems which the children may have. If a child does have some - 22 - ( 0 emotional, psychological, mental problem or a learning handicap, that problem may not be identified during the orientation period or treated during his confinement. The training schools simply do not have sufficient psychiatric or psychological staff to screen all children, develop specific "rehabilitation" programs to meet individual needs, and follow up with treatment and periodic reevaluations. One of the most inadequate aspects of the training schools is the lack of psychiatric, psychological and neurological screen ing for specific defects. The training schools are not equipped to do a sophisticated and significant diagnostic testing. The Task Force found no evidence that the regular institutional staff at the training schools is properly qualified or trained to do this kind of screening. Psychiatric and psychologica.l counseling appears to be limited to those children identified by institutional staff as exhibiting acute or aggressive behavior. The purpose of the psychiatrist or psychologist appears to be to evaluate a boy or girl so that the training school staff can work .with the child. The staff members who then work with the child have no specific training to deal with any diagnosed problems. Psychiatrists and psychologists appear to be used primarily for screening and emergency services and not for ongoing evaluations and follow up. The psychiatrist and psychologist also do testing and may be - 23 - 0 involved in limited staff training, but the Task Forc.e was un- able to determine the nature and scope of this staff training and whether it properly qualifies\ staff members to deal with c~ildren. At Montrose such staff training is limited to once a week. Lack of funds for sufficient psychiatric and psychological assistance appears to be the major reason for this deficiency in diagnostic screening and treatment. For example, at Montrose, funds for this professional assistance comprise only 2% to 3% of the total operating budget of the institution. In addition to the money in Montrose's budget for psychiatrists and psy- chologists, the training school has the services of two volunteer ps·ychologists and one part- time psychiatrist paid for from another source. At Montrose approximately 10-15 referrals are made to psychologist every month; however, the superintendent reports that not all of these referrals may actually be seen for diagnosis. Cottage Assignment Cottage placement is typically homogeneous on the basis of academic retardation, agressive or passive behavior, maturity and other factors. Some cottages serve as honor cottages to which students are gradually promoted on the basis of good behavior. Montrose has two cottages for girls who work off campus in jobs or training programs. One cottage at Maryland Training School is reser ved exclusively for boys who are preparing for their high school equivalency examination. - 24 - ( 0 Victor Cullen has two cottages for vocationally-oriented boys. Other cottages are set aside for disciplinary purposes. Harford Cottage at Maryland Traing School is an adjustment cot tage where a boy may be locked up for 15 to 60 days depending on the number of infractions he has committed in the institution. Boys who are AWOL from the institution are also confined in this cottage. Within the unit, boys are locked in their room for up to five day~ for punishment or for their own protection. The cottage staff submits progress reports and keeps a log but does not participate in decisions about how long a boy remains in t he cottage or remains locked in his room. Those decisions are made by staff who visit the cottage periodically. During a v isit to Harford Cottage , boys were observed watching tele vision , shooting basketballs, playing cards or ping-pong. One boy was brought in handcuffed and immediately locked in a room because it was believed that he was engaging in homosexual activi t i es that would be disruptive to the group. Boys in Harford Cottage do participate in educational activities in.the morning, but for the rest of the day they have nothing to do . The arts and craft program was eliminated due to budget cuts, and group meetings wi th clergymen were discontinued because of lack of interest. The r e is an exercise yard attached to the cottage, but it has not been used for some time because boys were escaping o ver the f e nce. The yard is used only when - 25 - ( 0 a security patrol is available, and apparently it is available very inf requent.ly. One · of the most depressing places visited at any of the institutions was the adjustment unit at Victor Cullen. The small, crowded and securely locked unit contains CINS boys who are either chronic AWOLs {runaways), "non-groupers" {those who cannot cope with the regular program) or those being punished for some infraction of the rules. The adjustment unit also serves as an orientation cottage. Children new to the institution are mixed in with "problem" children. Originally, the unit was established for AWOLs, but there were not enough runaway children, so additional uses were . found for this secure facility. At the time the Task Force visited the adjustment unit, there were seventeen boys there. The rooms were drab, the furni ture rundown, the surro.undings barren. There were no meaningful activities going on and there were too many boys for the size of the unit. Boys and adult staff were standing around or sitting watching television. The children complained that there was nothing to occupy their time. All meals are eaten within the unit and the boys are sometimes bused to the gym for exercise. The main door is locked at all times and boys are totally isolated for 1-2 weeks and sometimes longer . In the adjustment unit, the only activity was several boys engaged in school work under the supervision of a teacher. The - 26 - ( 0 boys were working at tables in a .small room and in the hallway. There were no educational materials evident. In fact, the teacher commented that she could not use the equipment from the regular school unless she made special arrangements which were difficult to make. Therefore, only infrequently could she make use of special educational materials and equipment. The essential'_ purpose of Victor CUllen's adjustment unit is punishment. It is a dumping ground for those boys the institu tion cannot cope with. This is especially so for those boys who have been placed there because they refused to submit to the ins titution's pressure to conform to the peer group therapy program which is employed at Victor Cullen and which will be dis cussed later. A boy may be sent to the adjustment unit for no violation other than the rule of conformity. Moreover, the same boys tend to go back to the adjustment unit time and time again. Among the boys interviewed was a 13 year old youngster from Baltimore who had been in the adjustment unit five weeks. He had previously been in the adjustment unit eight times in the course of ten months at Victor Cullen. He admitte d that he had a temper and got into many fights, but no one was helping him work out his problem or probe the reasons for his behavior. Indeed, it is possible that his almost constant confinement in small, barren, and boring quarters may have exacerbated his aggressive tendencies. - 27 - ( 0 There was no evidence that any effort was being under- taken to work with the boys to provide special guidance and counseling to deal with the problem that caused the boys to be punished in the first place. There were no adjustment units at Boys Village or Montrose. Detention A recent survey of the Department of Juvenile Services reported that "Maryland has been detain- ing many more youngsters than need be pending processing in court, according to good standards." Twenty-two per cent of the child- ren arrested in the state are detained. Most children (14.6%) are detained in state institutions, while 7% are detained in local jails. Over a two-year period from 1968 to 1970, detentions increased 26% while arrests only increased 2.9%'.* The Task Force did not examine the problems of detention or the reasons for its increased us~but all of the institutions visited contained some children who were awaiting ·disposition of their case by the court. The Task Force had two concerns about the detained children in these institutions - there was no pro- gram for these children and they were mixed in with committed children. Maryland Training School h a s three detention cottages. *John Howard Association, Comprehensive Long Range Master Plan, Department of Juvenile Serv ices State of Maryland (May 1972). "Good standards," according to the Howard Association report, are that no more than 10°/o of juveniles awaiting a hearing, r equire secure detention. - 28 - ( 0 One is secure, one is moderately secure and one is minimally secure. Detained and committed youngsters are in the same cottages at Boys Village and Montrose. The few detained child ren that come to Victor Cullen are initially placed in the ad justment unit. Placement in the three detention cottages at Maryland Training School is usually determined on the basis of whether the judge orders secure confinement. However, if the secure cottage overflows, some boys may be removed . to the moderately secure cottage. The number of children detained at Maryland Training School is rising due in part to the closing of a cottage at Maryland Children's Center, a detention and diagnostic facility. One staff member at Maryland Training School felt that some boys sent there for secure detention do not need to be locked up or, in fact, should not be sent to an institution at all. The superintendent commented that while he had the authority to contact the judge regarding a boy whom he felt did not need to be securely detained, he never exercised that authority. Although the detainees are in the training schools for a relatively brief period (the statutory limit is 30 days), they do not participate in ·the educational or vocational programs. Detained girls at Montrose spend their entire detention confined inside the cottages whiling away their time watching television, talking, playing ping-pong or sitting in their room. There are - 29 - ( 0 no special programs or services for detained children. They simply wait for the court to hear their case. Recreation Some limited attempts to provide recreation were noted at each of the four institutions; however, there was no wide range of recreational activities to counter the boredom and idleness which was so prevalent. There are some sports, a few opportunities for arts and craft, movies and occasional trips. One facet of the recreation program is dances between the gi~ls at Montrose and the boys at the other three institutions. This is, in fact, the only social inter change students are allowed. Juvenile delinquents and CINS are only permitted to associate with each other and not with their peers from their own communities or from nearby neighbor hoods. Thus, their isolation from the community at large is reinforced, and the unspoken assumption is that these youngsters are not "good enough" to associate with noninstitutionalized people of their own age. Students are occasionally permitted to see movies. Only at Boys Village did there appear to be any organized effort to provide a fuller recreation program. Intra-mural sports are conducted, there is a swimming pool on grounds, boys are regularly taken on off-campus trips to ball games and sights in nearby Washington, D.C., and federal education funds support summer field trips. - 30 - ( 0 Contact with the outside Children in training schools have limited con- tact with the outside world and with their families through mail, visitors and occasional weekend home visits. One stamp a week is supplied to each child but the child can purchase additional stamps. Incoming mail is opened and searched: outgoing mail is not. The superintendent at Maryland Training School reported that there is not much correspondence be- tween a boy and his family, but that communication has been in- creased by permitting one telephone call a week. Visits by family and relatives are permitted once a week, on Sunday, but visits by boy friends and girl friends are prohibited. The only friendships and peer relations that are allowed to develop are those among institutionalized youth. This practice prevents contact with neighborhood friends, and reinforces a child's sense of isolation and punishment. All the training schools reported that they had attempted to facilitate family visits by providing bus service from downtown Baltimore, but that the service was discontinued because few parents used it. However, families who do want to visit find means to get to the training schools. The distance of the training schools from Baltimore does work a hardship on city residents which could be eliminated if there were community-based facilities. Weekend and holiday visits h ome are earned through good be- havior or by earning points. Children look forward to going home for a weekend but they look forward even more to being released. - 31 - ( 0 Despite these limited contacts with family and the outside world, children feel very isolated and lonely which contribute to their sense of alienation from the community at large. Educational Program The typical child confined in these four insti- tutions is severely academically retarded, failed by the public school system, and "turned off" by school. For example, the superintendent of Victor Cullen reports that 23% of the boys admitted to his institution cannot read or write. At Maryland Training School, 20-25% of the boys are estimated to be at the pre-primer to third grade level and 60% are three to five years below grade level. At Boys Village, 75% of the boys who are between the ages of 10 and 15 are reading at the second grade level. Uniformly, all four institutions claim great success in im- proving reading skills of children during their stay at the in- stitution. The improvement of reading scores by several grade levels seem to be the only educational goal of these institutions. The principal at Montrose said that a girl can progress a year and a half in grade level in six months but that there is a leveling off effect after the initial sharp gain. In six months at Maryland Training School, the principal reported that boys can progress four grade levels, but he acknowledged that only 10% of the boys actually reach this goal. Victor Cullen's superintendent reported that 85% of his boys retu rn to school upon release from the training school. It is difficult to evaluate the educational program at these institutions because the programs are in the process of - 32 - ( 0 change and because of the relatively short time (the average length of stay at these institutions is less than a full school year) the students are in the program. At Victor Cullen and Maryland Training School, in particular, the educational program is moving away from traditional classroom teaching to the use of .contracts between students and teachers. Class room instruc tion is being phased -out at Maryland Training School and teachers will be assigned to cottages to carry out the educational pro gram. Where classroom instruction is used, classes are kept small, teacher aides are employed, and instruction is individu a lized as much as possible. The school program in each of the institutions is certified by the State of Maryland and a number of the teachers are quali fied as special education teachers. Some of the teachers with whom the Task Force talked reported that while teaching child ren in these institutions was frequently frustrating, it could be more rewarding than teaching in regular public schools. Budget cuts have affected the educational program. Vacancies cannot be filled unless they are federally funded positions. At Maryland Training School, five teaching positions were recently abolished. Despite the claims of improved reading skills, the Task Force detected several problems with the educational program . There is little attempt to relate learning to behavior. - 33 - The isolated environment of the training schools limits the extent to wh.i.ch l c <irning exper jcnces c a n h e re lated to the child's real world. A child confined to a training school does not know how long he will be there. His past experience with school has led him to believe that he is an ordained failure. There is no reason for him to learn in the training school. · When he does get out, he will, in all likelihood, return to the kind of school envirorunent which he previously failed. The institution's educational program is vocationally oriented. Reading and other skills are emphasized because they will lead to job opportunities. But youngsters know how difficult it is for them to get a job in their neighborhoods and they believe that if they had been employed, they would never have ended up in a training school. One attenpt to link learning to behavior is the use of educational contracts between a teacher and a student. These contracts motivate a student to complete an academic assigrunent in return for points which can be spent on short term goals ~ extra candy and cigarettes, a weekend at home or a trip. The only reason to learn is to acquire the extra favors which the training school dispenses, a mot ivation which vanishes when the s tudent is released. Another problem is the lack of compatibility with the public schools. How does a child from a training school fit - 34 - 0 back into the public school? If he has acquired reading competence, is this accepted by the public school? The after care worker is suppose to provide the child 1 s liaison with the public school but the John Howard Association report noted that there were frequent complaints from public school officials about the lack of contacts with them by after care workers. This lack of coordination between the institution and outside educational programs could further contribute to the child 1 s general frustration with schooling. The fact that a child is confined to an institution where there is little else to do but learn to read without the distractions of the street and where there are programmed reading machines may stimulate him to improve his reading skills. But such skills are not necessarily transferable to public schools. No one really knows what happens to students who leave an institu tional program and return to school because the Department of Juvenile Services or the training school staffs do not do any follow up studies to determine what happens to their students upon their return to regular public school. Another serious problem is the absence of any comprehensive screening and diagnosis of learning disorders among the institu tional population. Approximately 5% to 10% of the institutional population are organic brain-damaged or neurologically-impaired children. The Governor and General Assembly of Maryland - 35 - 0 Conunission reported in September 1972 that "possible 15 to 20 per cent of our inmate students have learning problems which seem to fit •.. [the] definition of dyslexia ..•• "* Yet, there is no routine screening for dyslexia or learning problems generally. Research on a sample of juveniles at the Maryland Training School for Boys revealed a greater need for neurological examinations because only 13% of the sample had undergone such an examination prior· to or after admission.** The lack of screening for learning disorders may well mean that certain obstacles ~o · learning go uncorrected. Teachers who suspect that a child has a learning disorder may recommend that he be tested or diagnosed, but there was no indication that teachers are trained to recognize these problems. The issue of the use of IQ tests which are culturally biased (against a predominantly black population) has not been raised within the institutions; yet, these tests are one of the basic criteria used to place students within cottages and classes. Use of these tests results in tracking within the institutions. For example, girls at Montrose are classified homogeneously for class- room .instruction. One teacher reported that, of his "basic" class of ten girls who had a recorded IQ i n the below normal range, he judged that nine of the girls were in the normal range. *Report to the Governor and General Assembly of Maryland Conunission on nyslexia 4 (September 27, 1972). **Population and Process Characteristics of the Maryland Training Schools for Boys, 18-19. - 36 - 0 Another issue to be raised with the institution's educational program is the content of instruction. Improved reading skills are the main thrust of the program. There is no attempt to create links with the outside world. While reading skills are concentrated upon, there was no evidence of instruction in black history and culture, no enlighten ment about the universe of the child, no instruction about the economics of the ghetto, the drug market, or the world which the child may know. The Task Force observed one class in which the teacher was dealing with the issue of drug abuse through film strips and discussion. It was evident that the students knew more about drugs than the instructor. Consequently, that class was of little benefit to the stu dents and might well have been held as an evening discussion in the cottage. Finally, within the relatively short commitment time for some students, there is too much to be accomplished and because of the lack of compatibility with the public schools, there is no comprehensive, ongoing educational program. For those students who are in the institution for a longer period of time, there is no evidence of a progressive educational program. - 37 - r 0 Vocational Program Vocational programs vary in the four training schools depending on the age and sex of the child. The focus of all vocational programs is blue-collar jobs. As Victor Cullen, small engine repair, welding, auto ' service, and appliance repair comprise the vocational pro- gram. Montrose School for Girls offers courses in the traditional female trades--cosmetology and vocational train- ing at Rosewood Hospital (the state hospital for the mentally retarded). A special $6,000 grant enabled Montrose to establish a vocational aptitude testing program for girls over fifteen. This program attempts to measure interest, aptitude, dexterity and academic achievement through achievement tests and simulated work tests in such areas as payroll, inventory, duplication, waitress skills and cosme- tology. If a girl does demonstrate a vocational aptitude, there is no follow- up program to place her on a job or in a training program. A positive aspect of the training schools is the vocationally-oriented cottages. Students live in these cottages and hold jobs in the community. Most of these job opportunities are in nearby small business and are not neces- sarily related to the development of any vocational skills. Such a p rogram offers genuine opportunities to the young people involved and provides an example of how the - 38 - 0 institution does meet the needs of some students. Task Force members visited the vocational cottage at Montrose and noted that the girls were enthusiastic about their program and that the cottage mother had establis hed good rapport with them. Because of the younger age of boys at Boys Village, the vocational program there is essentially pre-vocational ·. There are pre-vocational shops in auto mechanics, barbering, carpentry, construction trades, and horticulture. These vocational programs are overly simplistic and not sufficiently demanding. Maryland Training School has the older boys who should be prepared for the job market, yet its vocational program is being revamped. The former program, which the superintendent admitted was "pathetic," is being abandoned and a new program is to be instituted which will consist of 12 week programs in gas station attendant, carpentry, masonry, and dry clean ing. The institution has commitments from oil companies, non-union contractors, and the Dry Cleaning Institute for on the-job training. There appeared to be very little emphasis on job place ment or work release programs fo r children in these institutions, although some job placement is done at Montrose, and Maryland Training School for Boys is planning for it when the new - 39 - 0 vocational program is instituted. Some of the youngsters who were interviewed told Task Force members that jobs in their community would be a big factor in keeping them out of trouble and out of the training schools. Several boys expressed the desire to get into vocational training programs like the Job Corps, or to secure some kind of employment, but they felt little was being done by the institution to assist them in achieving this goal. Even if the jobs were available, some of these boys may not have been employable. But without the possibility of a job or job t raining, there is little incentive for a boy to acquire job related skills. The most striking impression of the vocational program in the training schools is that all the programs for juvenile programs for juvenile delinquents or CINS are trade oriented. Blue collar expectations are assumed for these youngsters. There is no exposure to or training in quasi-professional or professional jobs. Since the institutions automatically assume that none of the children they get will ever be capable of anything more than a low-paying, low-skilled job, there is no attempt to make children aware of or to provide training in medical, educational, scientific or technical skills. There is apparently no attempt to forecast what techno logical skills will be needed in the future job market and to train and place students. The superintendent of Victor Cullen - 40 - r 0 reported that the market for repairmen for outboard motors was expanding in Maryland and therefore the small engine repair vocational shop was instituted at his institution. However, such vocational training would only be useful for a boy who comes from the extreme western part of the state or from the Eastern Shore where water sports, including boating, are prevalent. The limited vocational and placement opportunities for chi ldren in these institutions is illustrated by the story of one 17 year old boy at Maryland Training School. During one summer at the institution he worked as a tutor with younger children. He likErlhis job and was interested in finding a s i mi lar program in which he could work, but there was no opportunity to do so. The training school was unable to capitalize upon his interest by placing him in a program that might have led him into a career of teaching or working with children. Medical Facilities Dr. Saunders' findings and recommendations with respect to the medical aspects of the four institutions are distressingly s i milar to the findings and recom- mendations of the Youth Committee of the Maryland Chapter of the American Academy of Pediatrics which conducted inspections of these same training schools almost two years ago. - 41 - ( 0 Each institution has a separate infirmary and medical staff which is responsible for giving physical examinations to children upon entrance, for diagnosing and caring for ill students, and for referring children who require specialized medical care to outside medical facilities or physicians. Isolation rooms which are used for both discipline and medi cal purposes are located in the infirmary, and. the staff is responsible for maintaining watch on all children who are locked in isolation cells. In addition to these functions, the infirmaries also have dental facilities. Typically, the p sychiatrist is attached to the infirmary. All of the institutions have full-time staff nurses, but none has full-time physicians. Medical, dental and psychiatric staff are available on a part-time basis. The physical facilities of the infirmaries are considered adequate to deal with the medical problems commonly encoun tered. The laboratory facilities are not considered fully adequate because, while they have the ability to perform urinalysis, they do not screen to detect for such problems as anemia, venereal disease, TB, drug abuse or genetic dis- ease. Routine physical examinations are done within 48 hours of entrance . This examina tion includes visual and audiometric testing . The rationale offered for the absence of TB screening at Maryland Training School was that children - 42 - 0 may stay at the training school such a short time that even if TB were diagnos.ed, there would be no opportunity for follow up treatment ~ Dr. Saunders found this reasoning totally unacceptable. During the initial physical examination and during the first 48 hours, the results of a TB skin test could be determined, and the child could be treated on an out patient basis at a hospital whether or not he was in the training school. Gynecological screening is done on girls at Montrose upon entrance and when they return from weekend visits or AWOL status. Periodic physicals are not conducted during a child's stay at the training school, and there is no discharge physical done, unless specifically requested for some reason. Periodic screening for venereal disease and drug abuse ought to be provided, not just when a student returns from weekend visits. All institutions reported a very low inci dence of VD and drug abuse, but given the high rate of venereal disease and drug use among young people and the background of a majority of the children, Dr. Saunders found it difficult to believe that there was not a higher incidence of these two problems than reported. The bulk of the medical staff is nurses. All training schools have the part-time services of a physician, but with one exception, Boys Village, these physicians are general - 43 - ( 0 practitioners whose training is not oriented toward juvenile or adolescent medicine. Dr. Saunders also noted a need for returning medical corpsmen, especially at the male institu tions, because they could relate wel l t o the students, as well as deal with medical problems. Special emphasis should be placed on obtaining physicians and o ther medical staff with trai ning in the care of young children and adolescents and who would be willing to take refresher courses as a condi tion of their employment. Dental care is a priority need of children and adolescents. De ntal facilities and staffing are inadequate at all institu t i ons, with the possible exception of Maryland Training School where the facilities appear adequate but are understaffed. There is no program for the utilization of dental technicians to support dental services which are so sorely needed by the adolescent population. A major deficiency in the medi cal program at all the training schools is the absence of proper medical records and data retrieval for children confined in these institu tions . There is no uniform medical rec.ord system. It is therefore very difficult to find out what medical problems e x ist and how they are being trea ted because the records are so poor. Medical record keeping is left to medical personnel at the individual institutions. One has to go through charts - 44 - 0 page by page to come up with any specific diagnosis or recur ring medical problems either for an individual child or for the whole population. The monthly report was considered to have inadequate information with respect to specific diseases. There should be some· kind of medical record keeping system which permits the medical staff to match services to the needs of children as determined by a review of the daily log. For children and adolescents, the g reatest needs will probably be for dental and dermatological care, the treat ment of venereal diseases~ and drug abuse. Recommendations for improved medical record keeping at the training schools have been made previously by the Youth Committee of the Maryland Chapter of the American Academy of Pediatrics, however, the sample system provided to the Department of Juvenile Services was never implemented. In view of these previous findings and recommendations, it is very frustrating to find the same problem still existing. The four training schools have a basic diet for all children which is probably adequate for the normal healthy child. The institutions spend on the average of $1 per day per child for food. There did not appear to be uniform standards set for diets because one training school made up its own menus while another used menus provided by the Department of Health and Mental Hygiene. - 45 - 0 There is a wide age range of boys and girls in three of the four training schools, but the standard diet does not accommodate the different caloric and protein requirements of the various ages of children. Special diets for particular medical problems are left to the physician or nurses at each institution to prescribe. The most common special diet is for diabetics. There is no dietician or nutritionist on the staff of the training schools for consultation on special diets, and it is felt that such personnel would be more qualified to prescribe special diets. Furthermore, there should be diets for the special medical problems of young . people, such as anemia and obesity. There should be uniform standards established for all institutions for the special caloric and protein requirements and amounts for children of different ages as well as for children with special medical problems. Dieticians should be available to all training schools to prescribe special diets. Use of Drugs as Therapy Tranquilizer drugs and sedatives are prescribed for children who are aggressive, hyperactive, hysterical in isolation, or who exhibit other kinds of acute behavioral problems. It was difficult to determine exactly what is being done in the use of drug therapy because of the inadequate medical records, or approximately how many students - 46 - ( 0 in the training schools are receiving drugs. The majority of the drugs are ordered and prescribed by the psychiatrist: however, in a few instances the general practitioner pre scribes. Drugs are then administered by the nurse to the cottage staff which actually dispenses the drugs. After the psychiatrist orders the drug to be admin istered, then sometime in the future the child is taken off the drug if the psychiatrist so determines. However, for the most part the psychiatrist acts as the screening agent and is not concerned with repeated, on-going evaluations. The system of using drugs for modifying behavior breaks down because of the failure to reevaluate their use on a particular child. It was difficult to determine what criteria tNereused to take a child off a drug because, for the most part, the psychiatrist did not have sufficient time for reevaluation nor was there a regular system for doing so. The Task Force is also concerned that drugs are used solely for behavior modification to maintain control of chil dren, particularly aggressive children, rather than dealing with children who may have other kinds of problems, such as depression, and who may benefit from a different kind of drug. - 47 - 0 The possibility of drug abuse within the institution also arises in a system where the cottage staff dispenses the pills and there is little or no on-going reexamination. Pills may not be dispensed as prescribed, and thus may be stockpiled for other uses or for sale. The creation of a drug mentality and drug dependency may also result. Maryland Training School has established a relation ship with Shepard-Pratt Hospital in which residents and · psychiatric interns conduct research on juvenile inmates. This professional assistance is a mixed blessing. While there is greater potential for adequate professional screen ing, there is also potential for mischief in using a captive population as a research model without the truly informed knowledge and consent of both the child and parent. Finally, the kinds of problems observed and changes recommended do not necessarily require a great deal more money. More specialized medical professionals may be needed but essentially all that is required is a revision of the resources that already exist and a uniform medical record system that would permit the institutions to match diagnosis to treatment. - 48 - 0 Special Programs Behavior modification and group therapy programs are being developed at three of the four training schools. These programs have been instituted recently in an attempt by the Department of Juvenile Services to move away from the "sick child" form of therapy in which children are supposedly seen on a one to one basis by psychiatrists and psychologists. These pro- grams are funded by the Governor's Commission on Law Enforcement and the Administration of Justice from federal funds under the Omnibus Crime Control and Safe Streets Act. The behavior modification programs in a few cottages at Victor Cullen, Montrose, and Maryland Training School are based on a point system by which students receive points for good behavior and spend them on certain privileges. The types of good behavior for which points are earned and the value of those points are defined by the staff and include such things as cooperative behavior around the cottage, behavior in line, behavior during sleeping time, appearance, prompt response to roll call, respect to staff, and courtesy to other students. It is generally assumed by institutional personnel that all children will benefit from a behavior modification program. Educational contracts are also a part of the behavior modifica- tion program. A teacher and student agree on a contract to perform certain academic tasks for which points are earned upon successful completion. Points are recorded on cards or "bank" books by the staff. - 49 - r 0 Special privileges which can be earned with accumulated points include a home visit or an extra day on home visit, a movie, extra time watching television, a photography or an art lesson . Points can also be converted into cash for the purpose of minor items at a small store on the premises of the institution. The behavior modification programs are another means toward the training school's goal of controlling a child's behavior within the institution . Behavior is molded to "pro-eocial" goals as de fined by the institution. The process of defining what behavior will be considered acceptable has no relation to the real life experiences of the child. The behavior modification program be comes the vehicle for imposing on poor and black children white middle-class values which people who design and implement these programs believe are necessary for "rehabilitation." The institu tion thus alienates the child and makes it that much more difficult for therapy or "rehabilitation" to succeed. For the child in the training school, behavior modification becomes a way of making it through the institution. Whether the same reward system can be maintained upon release is open to serious question. Behavior modification programs serve the training school staff's need to maintain control. The reward system in a behavior modification program is not essentially different from the reward and punishment system that operates in the institution for other children. Additionally, the - 50 - ( 0 program may not alter behavior at all. This is illustrated by the COf!lll\ents of one boy at Maryland Training School who was in one of the two behavior modification cottages. "Why should I earn points so that I can go home on the weekend," he said, "when I can go home anytime I want?" He simply leaves the train ing school and is considered AWOL until he returns. This same young man pointed out that other students at Maryland Training School see movies without having to earn points for the privilege. Furthermore, at Boys Village which does not have a behavior modification program, the same reward system operates. There are numerous opportunities for off-campus trips, but if a boy misbehaves, he is put on restriction ·and not permitted to go on the trip. Positive behavior is rewarded; anti-social behavior is punished by restriction or extra work duties. The superintendent at Boys Village is anxious to institute a behavior modification program but his proposals foF funding these programs through the Governor's Commission have been turned down. Only at Victor CUllen did the Task Force have an opportunity to see the group therapy or guided-group interaction at work. Boys in each cottage are divided into two teams, or groups; each group is assigned a group leader who is a staff member. The group of eight to ten boys meets periodically to discuss individual or group problems and to deal with behavioral problems. The group itself usually decides what it is going to talk about. In theory, - 51 - the goal of the group process is to redirect behavior in the cottage and classroom as well as in situations within the institution and without. The way in which the group deals with problems is guided by the staff group leader. This staff member should be skilled in developing the group pro cess so that positive reinforcement of the group or an individual within the group occurs. The Task Force sat in on two group sessions at Victor Cullen. One was considered a healthy session in which a boy was encouraged to talk about his own behavior and the other boys helped him to understand himself by their posi tive contributions. The other group session was considered destructive because the discussion was used to force certain behavior rather than to deal with the causes behind the behavior. The g roup became an oligarchy which demanded conformity to group norms rather than assisting an individual boy to deal constructively with his own behavior. This session did not seem to function as group therapy should, and it became another means of doing what the insti tution does anyway: force the students to knuckle down to the s ystem. At Victor Cullen it is assumed that all children will benefit from g roup therapy. A child has no choice whether to participate in the group process. He must yield - 52 - 0 to the group pressure. There is no other recourse or alterna- tive. If a boy refuses to participate in the group process he is sent to the adjustment unit. the secure facility used for discipline purposes. The control of behavior, which is the goal of the group process, is oriented toward maki{ng it within the training school and getting out rather than any long range be~avior. The group process operates in the interests of the institution. The key to making the process work is the group leader. Whether the process functions to help the children depends on the ability of the group leader to identify problems and to prevent the group from becoming brutal and destructive toward any individual member of the group. In the destructive session there was no evidence that the group leader had any specific training in group therapy. Indeed, he was part of the regimentation process. Finally, since these sessions can be brutal if not conducted properly there is serious question whether this is healthy for children, especially those who may have emotional problems. Dr. Saunders noted in the medical logs that one boy broke under the pressure of the group and had to be treated at the infirmary at Victor Cullen . Girls at Montrose A special word must be said about the treatment of girls by training schools. From discussions - 53 - r 0 wifh the superintendent and staff at Montrose and observa tions of the program, it is apparent that girls are treated differently than boys. The majority of g irls at Montrose are there as CINS rather than delinquents. The superintendent stated his belief that judges were more lenient with girls and thus classify most girls who come before the court as CINS. Yet girls are committed for behavior which boys would not be. The superintendent noted that girls committed as CINS would, if adults, be charged with prostitution. However·, the charge of prostitution does not differentiate between actual soliciting and sexually promiscuous behavior, the latter not being a punishable offense. Therefore, girls may be picked up by police or reported by parents for behavior which is quite normal for a maturing girl. Similar male behavior is not condemned by social mores. Within the training school, girls have less freedom of movement than boys, and the rules are not applied evenly to boys and girls. Girls are most aware of this discrimina tion because they learn from the boys at dances about life in the other taining schools. For example, boys are allowed unlimited cigarettes while girls a re restricted to four cigarettes a day. - 54 - 0 Furthermore, the vocational program and much of the atmosphere at Montrose reinforces traditional female stereo- types about a girl's role in society and possible vocational opportunities for women. Jobs as ha irdressers, waitresses, and nurses are expected and reinforced through the voca- tional program and displays in the school library. There is no attempt to expose girls to professional jobs and roles, or to careers other than motherhood which are increasingly being made available to women in this society. Racial Aspects of the Training Schools A decade ago, before Maryland's training schools were desegregated, there were approximately equal numbers of white and black juvenile delinquents in the state's training schools. Now there are more black delinquents committed than white. While a majority of the referrals to juvenile court are white, the majority of children committed to training schools are black boys and girls from Baltimore. - 55 - 0 The figures* below illustrate the racism operating within the juvenile criminal justice system: Program White Black Referrals to juvenile court 70% 30% Training school commitments 46% 54% Purchase of care services 68% 3~ Detentions: Maryland Children's Center 57% 43% Waxter 76% 24% These statistics demonstrate that black juvenile delinquents are far more likely to be confined in training schools while white delinquents, are more likely to be provided with the alternative of short-term detention or purchase of care facilities. Private facilities which contract with the Department of Juvenile Services under the purchase of care arrangement choose the children whom they will accept and turn down those children whom they do not want. A number of these private facilities are all or predominantly white. By rejecting black children and accepting white children, the private facilities provide a haven for white juveniles under the care * John Howard Association, Comp rehensive Long Range Master Plan, Department of Juvenile Services, State of Maryland, 138 (May 31, 1972). - 56 - 0 of the Department. Black juveniles are sent to training schools because of the lack of private alternatives. The John Howard Association which has recently completed an examination of the entire Department of Juvenile Services, offered two possible explanations for the racial characteristics of the system: "One is that more white children are diagnosed and more black youngsters are committed without such. The other is that the high number of white youngsters in detention means that this method of handling is used in lieu of eventual commitment to the training schools, regarding which many judges have little confidence." Several DJS officials have expressed the belief that juvenile court judges in rural and surburban parts of the state are extremely reluctant to commit white youngsters to majority black training schools. This reluctance is especially true of Maryland Training Schools for Boys which is almost 80% black. In 1970, a lawsuit was successfully brought to make the juvenile age limit of eighteen uniform throughout the state. Prior to that lawsuit, the juveni le age limit in the City of Baltimore was sixteen. As a result of the suit, 16-18 year olds from Baltimore were transferred from adult jails to the Maryland - 57 - 0 Training School. The. transfer of more mature youngsters who had experienced prison life caused disruption and chaos, AWOLs increased dram~tically, and there were reports of racial friction. This situation undoubtably deterred judges from committing white juveniles to Maryland Training School for Boys, and further contributed to the racial imbalance at the training school. The superintendent of Maryland Training School told the Task Force that he believes judges are still very reluctant to send white children to his institution even though life at the training school has returned to normal. This judicial attitude is also reflected in the fact that the male CINS institution, Victor Cullen, is majority white and the two training schools for delinquent boys are majority black. The John Howard Association report noted that these racial figures indicate that while white youngsters are being disposed of as CINS, black youngsters are being committed to training schools as delinquents. The Association found that misuse is being made of the CINS category by which some CINS children are actually delinquents and sometimes more in need of correctional services and facilities than some delinquents who could more properly be treated as true CINS cases.* * Comprehensive Long Range Master Plan, 101, 139. - 58 - 0 With the exception of Victor Cullen, the cottage staff which has direct daily contact with children is predominantly black. However, at the higher decision-making levels the staff is predominantly white. Th ree of the four training schools have white superintendents. The juvenile court services staff throughout the state is 21% black. Although the Director of the Department of Juvenile Services is black, his headquarters' staff is 7~fe white. Finally, the juvenile court judges who make the ultimate decision on commitment to training schools or to some other alt ernative, are all white, with the exception of two masters in the Baltimore Juvenile Court. Discipline and Punishment Discipline is maintained and punishment imposed on children in the training schools in a variety of ways. Students may be given extra work details, confined to their room, and put on restrictions for minor infractions of the rules. Restriction generally means that a student cannot participate in some group activity on or off the grounds or is denied a weekend trip home or is denied cigarettes. In some.cases, restriction can be indefinite until the staff decides to revoke it • . - 59 - ( 0 More serious violations of the regulations result in confinement in the adjustment unit or in isolation cells, and it is these forms of punishment with which the Task Force is most concerned. The use of adjustment units for punishment at Victor Cullen and Maryland Training School has already been described. The ultimate form of punishment imposed on training school youth is the isolation cell. These cells are small rooms located in the infi~ary. Some light comes through a small window at the top of the room. Each cell contains nothing but an iron bed and a worn mattress. A blanket, but no sheets, is provided at night. Sheets are not permitted in order to prevent possible suicide attempts. Upon request, reading material is made available to children during the day. Meals are eaten in the cell. A student may talk with one or two staff people, but otherwise he is totally alone and idle. Of crucial importance, is the fact that prior to being placed in isolation, there is no psychiatric or psychological assessment of the child to determine whether his personality can withstand this confinement. The fact that some children are overwrought and violent prior to being placed in the cell and, therefore, difficult to examine, is offered by some staff as the reason why examinations are not conducted. In the Task - 60 - r 0 Force's opinion, the use of isolation and the failure to determine whether an individual can withstand it creates a serious risk to the mental state of children. Indeed, there was evidence in the medical records t hat some children had "flipped out" as a result of confinement in isolation. Departmental rules provide that no student can be in an isolation cell for more than 48 hours. Students in isolation must be observed periodically and notes about his condition recorded in a log book. Upon release from isolation, the infirmary staff must observe the student's condition: however, there is no medical or psychiatric examination. The most frequent use of isolation is for runaways (AWOLs) and for assaults on students or staff. It may also be used occasionally for medical purposes to isolate students with communicable diseases. Records also revealed that in a few instances of attempted suicide in isolation, the treatment consisted of returning the child to isolation under sedation and of having the psychiatrist see the child on an emergency basis. Isolation for AWOLs is justified as preventing further attempts to run away. For some children, isolation serves as a deterrent: for others it does not. A child who runs for the - 61 - ( 0 first time may not be put in the isolation cell, but "chronic runners" are either placed in isolation or the adjustment unit. The superintendent of Boys Village told the Task Force that he did not approve of the use of isola tion for students who runaway for justifiable reasons or for an AWOL student who returns voluntarily to the institution. In other cases, reasons for the use o f isolation recorded by the infirmary's long are vague. "Acting out" or "need to cool off" are reasons frequently offered. In no case is there any due process procedure used in connection with p l acing a student in isolation. No hearing is held to determine the causes of a student's behavior, nor is the student permitted a chance to def end himself in face of this most severe form of punishment. The use of isolation is not infrequent. At Boys Village, an average of 30 boys a month, or less than 10% of the population are placed in isolation. At Maryland Training School, which had approximately 172 boys on grounds at the end of November, 1972, 77 students (or 44%) were placed in isolation. The Task Force noted that t raining school superintendents have have different philosophies about the use of isolation. Mr. Dean at Victor Cullen considers isolation "a very positive - 62 - ( 0 part of the p:i:'ograrn. 11 Mr. Sauls at Boys Village, on the other hand, says he "hates" isolation but that he has to use it to protect the community from chronic AWOL children. Mr. Sauls would prefer alternatives to isolation, such as all day attention by a staff member or counseling by a psychologist, but there just is not sufficient staff to provide this kind of concentrated, individual attention. The Task Force recognizes that .there may be some children who are such a threat to the training school community that they may need to be locked up for a short time. Nevertheless, the Task Force found it very difficult to justify the use of isolated confinement for young people, particularly without prior psychiatric assessment and some kind of due process hearing at which a student is confronted with specific reasons for this proposed form of punishment. Isolation in a barren cell is a brutal way for society to treat severely troubled children. The Youth Committee of the Maryland Chapter of the American Academy of Pediatrics commenting on disciplinary isolation cells has stated that "they strongly suggest attitudes concerning disciplinary management of a punitive nature which date as far back as the pre-Christian era. 11 - 63 - 0 SUMMARY AND CONCLUSIONS For a limited number of children, the training schools are providing some services. They do provide a bed, three meals a day, and security for some children who may never have had these essentials for a healthy and happy environment. The Task Force observed that some boys in training schools appreciated the contact with older males which is often lacking in their own home environment. The vocational cottages at Montrose, Victor Cullen, and Maryland Training School do afford a few youngsters an opportunity to work or receive training off grounds t hat they cannot find in their own communities. lbwever, these same services could better be provided by programs located in the communities and neighborhoods from which the children come. The Task Force recognizes that there are a very few children who present a serious threat to the community for whom secure insti tutional care is required. Despite the fact that training schools as they now exist may be of some value to a limited number of children, this fact · does not justify their continued use for all children who are presently committed to or detained in them. Ther e are many children in these institutions who simply do not belong there. They do not need to be l ocked up in i nstitutions remote from their community , and the help they do need could better be provided in - i - ( 0 a stable-family-like setting in the community which would provide them better access to their family and friends, to jobs, educa- tional programs, and the psychic reinforcements of familiar surroundings. The present use of training schools by the state of Maryland for delinquents and children in need of supervision must be condemned for the following reasons: 1. The training schools are not helping to solve the problem of increasing juvenile delinquency. In Fiscal Year 1971, juvenile arrests comprised 34% of all arrests in the state. The juvenile arrest rate increased almost 3% from 1968 through 1970. Due to the juvenile court age change in the city of Baltimore from 16 .to 18, the arrest rate increased 47% in Fiscal Year 1971. The Department of Juvenile Services has experienced increasing referrals of delinquents and CINS each year since the Department's establishment in 1967. Institutional populations and expenditures have increased in recent years, and further increases are projected. By the Department's own statistics, the training schools do not have a good record of rehabilitating children. The recidivism rate for all training schools is approximately 43% while the recidivism rate for children admitted to the group homes run by the Department is 2go~. 2. The training schools a re largely custodial and not rehabilitative. They are not capable of providing treatment for seriously troubled youth with emotional and psychiatric problems . The Task Force on Juvenile Justice is not alone in this conclusion. Judge Robert I. H. Hammerman, chief judge of the Baltimore Juvenile Court, commented in Jan uary , 1972 that "the state is almost totally lacking in treatment for emotionally disturbed children and most importantly, for kids who - ii - r 0 are addicted to drugs." With reference to the train ing school, the judge s a id: "We' re only warehousing them." The most stunning observation about life at a training school is the children's supervised idleness . Much of the program is designed to ma intain control and mold behavior of children while they are at the training school. It is unrealistic to expect a training school to reform delinquent and CINS youth when it is unable to correct the situation which produced the delin quency in the first place. The child may learn how to cope with life in the training school but not his environment at home, school, or in his neighborhood. 3. There is a serious lack of proper screening and diagnosis for all children prior to conunitment to the training school or during the orientation at the training school. Consequently, physical, emotional, mental or neurological problems may not be detected. Even if they were detected, the training schools do not have the capability of treating a wide-range of individual problems due to the lack of sufficient professional personnel, under-trained institutional staff, and the custodial orientation of the training school's program. 4. There is a serious lack of alternatives to training schools in the state. Although the Department has plans to operate more group homes with Safe Streets Act funds from the Federal government, it presently operates only three qroup homes in Baltimore. Federal funds for the operation of alternative pro grams are available to the state for a period of just three years. After that time, the state and local governments must assume the cost of operation. Pur chase of care through private institutions and programs is limited. Private facilities can refuse to accept any child. Thus, when there is no place for a child in trouble, he goes to a training school. 5. There are juveniles in the training schools who, in the opinion of the Task Force, do not b elong there. This is particularly so i n the case of many "children in need of supervision" a nd of children on detention who have conunitted no crime. They are treated by the institutions in the same manner as delinquent children. - iii :- ( 0 6. There is discrimination operating within Mary land's juvenile j us tice system. Bl ack children are more likely than white children to be committed to train ing schools and more likely to be committed as delinquents. There is also discrimination against girls, most of whom are committed as CINS. They are not accorded the same privileges and freedom of movement as boys, and they are likely to be com mitted for acts for which boys are not committed. It is for these reasons that reform of the present system of institutionalizing children is needed. To this end, the Task Force has proposed recommendations which it believes should set the direction of that reform. - iv - 0 RECOMMENDATIONS The Task Force on Juvenile Justice offers the following recommendations for refonn of Maryland's juvenile justice system: I. Phase Out Training Schools Within the next three years, the present training schools should be phased out and replaced by a variety of community- based facilities that would accommodate most of the children who are now removed from their families and sent to training schools. The only children who would be institutionalized are those chil- dren who pose a direct and immediate danger to themselves or the community. 1. Within six months, the Department of Juvenile Services should cooperate with the Task Force on Juvenile Justice and other community representatives to develop plans for alternatives to training schools. The Department and the Task Force should begin with a series of community seminars and planning ses- sions devoted to developing an affinnative action plan with goals, timetables, and procedures for accomplishing this goal. 2. For the small number of children who would require institutionalization, services must be therapeutic in nature and not simply custodial. Rehabilitation programs should be directed to the child's specific emotional, psychological, or neurological problem. Programs should be intens ive and structured to develop a healthy self-concept a nd positive motivation, and training should develop t he potential of each child so that he can take advantage of eduational and occu pational choices available to him. - v - ( 0 II. Eliminate Injustices in Present and Future Facilities To eliminate the present injustices in the juvenile justice system for all children who are now institutionalized and who will be served by future community-based programs, it is incumbent upon the state of Maryland to: 1. Develop and implement a Juvenile Bill of Rights that would accord due process and humane care as close to the home as possible. 2. Implement a program of juvenile advocates to insure that children's rights have not been violated. Assignment of advocates wou ld be made before a child reaches the stage of formal adjudication where the child requires a lawyer. 3. Provide for each child, prior to his adjudication, a diagnostic evaluation which would define the needs of that child.Such a diagnosis should be mandatory for all children and should include a medical, psychiatric, social, psychological, and educational diagnosis. 4. All dispositions, including diagnostic evaluation and adjudication, must occur within 90 days. Should this not happen, the state's attorney will be required to drop all charges. 5. Juvenile court judges should be responsible only for decisions on the guilt or innocence of children brought before them. Discretion as to treatment and placement should be removed from the judges and placed with the Department of Juvenile Services. 6. The use of isolation cel ls should be discontinued immediately. 7. Adjustment units or max imum security cottages should be abolished immediately . 8. Greater use should be made of probation so that only in the most severe cases wou ld children be removed from their family or community. - vi - 0 9. New regulations on detention shou l d be implemented which would permit detention only in cases where the child is a threat to his life or that of another human being . Children awaiting adjudica tion can be cared for in the ir own home or in connnunity homes. In no instance should children on detention be confined with ad judicated delinquents. 10. No child who has been fo un d to be a CINS (Children In Need of Supervision) should be committed to a training school. 11. Different treatment of g irls must be eliminated. As one step toward this goal, a woman sensitive to and realistic about the problems and aspirations of young women, and modern in outlook, should be appointed the head of any community facility for girls. 12. Greater opportunities for contact between boys and girls and between juvenile delinquents and their neighborhood peers should be provided. 13. No personnel shall assume any duty in any present or future facility without having undergone thorough training prior to assignment. Mary land's colleges, especially the black colleges, should begin develop ing special programs and course work to insure that qualified people are available to work with children in trouble. III. Revamp Medical Program The Secretary of Health and Mental Hygiene should imme- diately appoint a panel of medi cal experts and specialists in the care of young children and adolescents which would be responsible for revamping medi cal and dental serv ices in all present and future juvenile insti tutions and fac i lities . Physi- cians and dentists appointed to t h is panel should be sensitive to social problems and compatible with the racial composition of the children to be served. Additionally: - vii - ( 0 1. There should be a centra.lized administrative medical component directly responsible for setting standards of medical care in all Depa rtments of Juvenile Ser vices Programs. The University of Maryland Hospital's Department of Adolescent Medicine should be respon sible for establishing this centralized medical component. The function o f t his component would be to: a. monitor medical facilities and services in all Department of Juvenile Services programs and facilitis; b. establish inhouse, continuous training for all medical and psychiatric personnel, such training to be reflective of the latest trends in pediatric ·and adolescent medicine; c. establish minimally acceptable professional standards for all people employed by the Department who deliver medical and psychiatric services to children. 2. A standardized medical record keeping system must be implemented in all facilities and programs. Data retrieval mechanisms must be a part of such a system. 3. Medical screening for all children should uniformly include blood count, urinalysis, genetic diseases, tuberculosis, venereal disease, and drug abuse. 4. Medical personnel employed by the Department of Juvenile Services should be specialists in pediatric and adolescent medicine, and should include physicians from the city of Baltimore. 5. Medical services should be further augmented by the utilization of medical corpsmen, dental technicians, and other paraprofes siona ls so that the full burden of round-the-clock medica l care does not fall on untrained personnel or a nurse. IV. Evaluate Behavior Modification Programs It is encumbent upon the Department of Juvenile Services that all new programs such as behavior modification and peer - viii - 0 group therapy be tested and proved valid prior to their imple- mentation. All staff employed in such prograns must be screened and have received ·training designed b y experts in the field. Periodic monitoring by outside evalua Lors must be built into any program. Furthermore: 1. Behavior modification and peer group therapy programs must function to serve the needs of the child and not solely the needs of the institutions. Specifically, the goals and objectives of these programs not only must be related to the child's present behavior, but more importantly, must be directed to his eventual return to his family and community and the demands that this environment will place upon him. 2. Behavior modification and peer group therapy pro grams should not be used to force upon a child a value system alien to his needs and environment. The development and operation of these programs must involve persons who are familiar with the environment fxom which delinquent children come and with the pressures and problems with which the children must copeo v. Eliminate Racial Discrimination Discrimination based on race and class within the juvenile justice system must be eliminated. To this end: 1. There should be an independent monitoring system which periodically reviews all aspects on the juve nile justice system to identify and eliminate any discriminatory aspects. 2. No state or Federal funds should be utilized for private purchase of care facilities for which there is prima facie evidence of discrimination. - ix - l VI. ·Revamp Educational and Vocat.ionai Programs 1. Education~l programs in any Department of Juvenile Services facility should be closely coordinated with the ed_ucational program in the school system from which the child comes. Measurements of educational progress should be uniform in all programs so that a child is not recommended for one grade level and then retested and put in another grade level. 2. A period of transition ·between the Department of Juvenile Services facility and the public schools should be developed in such a way to guarantee that the child will succeed and be provided all the sup portive services that he needs in his new educationai placement. 3. Vocational programs ought not to lead to false expectations with respect to job placement. A more realistic vocational program would be one in which the interests of the child is explored and the child himself is exposed to a wide-range of occupational choices, both blue-collar and professional. - x -