Overview and Challenges
Maryland’s juvenile detention system is designed to manage youth ages 10–18 who are awaiting trial or have been adjudicated delinquent. The system emphasizes rehabilitation over punishment, aiming to provide young offenders with the support and services they need.
Maryland’s juvenile detention system faces ongoing issues with abuse, including physical, sexual, and emotional mistreatment. Reports highlight staff misconduct, excessive force, and systemic problems like inadequate staffing and oversight, which have perpetuated these abuses despite efforts to address them.
Patterns of Abuse Within Maryland Facilities
The patterns of abuse within Maryland juvenile detention and residential treatment facilities include the following:
- Physical abuse, emotional, and psychological abuse
- Staff-on-youth and youth-on-youth sexual abuse incidents
- Inadequate medical care, nutrition, and living conditions
- Staff misconduct, racial disparities, and failure to address mental health needs
- Overuse of isolation and restraints, inadequate training, and cover-ups
- Systemic failures
Maryland’s juvenile detention system faces challenges like abuse, staff shortages, and inadequate oversight, mirroring issues in states like Florida, Texas, and Michigan. Despite reforms like improved training and surveillance, Maryland continues to struggle with systemic issues, highlighting the need for nationwide juvenile justice reform.
Specific Cases of Abuse in Maryland
Notable Incidents and Scandals
There have been several notable incidents and scandals in Maryland juvenile detention centers and youth residential treatment centers. These incidents highlight concerns about staff training, supervision, and accountability, as well as inadequate resources and facilities.
In 2023, 50 individuals filed lawsuits alleging sexual abuse as children in Maryland’s juvenile justice system. The suits claim rampant abuse occurred over five decades in six facilities, including repeated rape and molestation. Allegations include neglect, lack of monitoring, and abuse in locked bedrooms.
The facilities named include the Montrose School and Thomas J.S. Waxter Children’s Center, and four still-operating centers:
- Baltimore City Juvenile Justice Center
- Charles H. Hickey, Jr. School
- Cheltenham Youth Detention Center, and
- Victor Cullen Center
In 2004, investigations at Cheltenham Youth Facility and Charles H. Hickey, Jr. School revealed staff misconduct, including excessive force, physical and sexual abuse, and inadequate response to allegations. In 2001, advocates called for the closing of Cheltenham due to violence, untrained staff, and lack of counseling. Criticism dates back to 1995, with advocates pushing for action from legislators and officials.
Significant Court Cases Involving Juvenile Detention Abuse
Maryland juvenile detention centers, particularly Hickey School, Cheltenham, and Waxter, have been sites of alleged widespread sexual abuse and assault of detainees by staff and peers, according to recent reports and investigations.
Some significant lawsuits involving juvenile detention facilities in Maryland include the following:
- A February 2024 lawsuit filed on behalf of 63 plaintiffs alleges abuse at 15 Maryland juvenile detention facilities from 1969 to 2017. Plaintiffs claim staff, including correctional officers, nurses, and teachers, offered rewards or threatened violence in exchange for silence. Many reported the abuse, but administrators took no action.
- In March 2024, two lawsuits filed by 36 people allege childhood sexual abuse by staff at Good Shepherd Services, a now-closed Maryland youth program. Plaintiffs, mostly women, claim decades of abuse, sedation, and exploitation by staff, including nuns and priests, who used bribes or threats to silence them.
Youth Residential Facilities in Maryland: Types and Oversight
Youth Residential Treatment Centers (YRTCs) provide intensive therapy and treatment for youth with mental health, emotional, or behavioral challenges. YRTCs offer intensive therapeutic services for youth with severe behavioral, emotional, or mental health issues. These centers provide 24-hour care, including therapy, education, and medical services.
Maryland has several types of youth residential facilities, including:
- Secure facilities and non-secure facilities
- Group homes
- Residential treatment centers (RTCs)
- Other specialized facilities
In Maryland, oversight of youth residential facilities is provided by several bodies, including:
- Maryland Department of Juvenile Services (DJS)
- Maryland Department of Human Services (DHS)
- Maryland Department of Health (MDH)
The DJS is the primary agency responsible for juvenile justice services in Maryland. It manages and operates state-run juvenile detention centers, residential treatment facilities, and community-based programs. It focuses on providing rehabilitation, education, and support to young people involved in the justice system. It also monitors and ensures juvenile detention centers meet safety, care, and rehabilitation standards through regular inspections and visits, enforcing state regulations. The DJS investigates abuse and neglect claims in its facilities through internal reviews, external agency collaboration, and policy record reviews to address and resolve issues. Where deficiencies or misconduct are found, it takes corrective action, including discipline, policy changes, or training to prevent future incidents, and may face liability in civil lawsuits related to abuse.
Maryland Laws and Regulations
Maryland has several laws specific to child abuse and neglect, particularly concerning juvenile detention facilities. These laws are designed to protect the rights and safety of minors in custody.
Juvenile Justice Reform Act of 2023
Maryland’s Juvenile Justice Reform Act (HB 814) signed into law in June 2024 reforms the state’s juvenile justice system by raising the jurisdiction age to 18, decriminalizing minor offenses, and improving due process. The bill prioritizes rehabilitation, addresses racial disparities, supports victims, and establishes a reform council to ensure effective implementation. It takes effect on November 1, 2024.
Maryland Child Victims Act
Maryland’s Child Victims Act (CVA), effective October 2023, removes the statute of limitations for civil lawsuits related to child sexual abuse. This has led to a surge in lawsuits, with over 200 former juvenile offenders suing the state’s juvenile justice agency for abuse suffered in detention facilities, regardless of how long ago the incidents occurred.
Maryland Child Abuse and Neglect Law (Family Law Article 5-701 to 5-714):
This law requires mandatory reporting of suspected child abuse and neglect, including in juvenile detention facilities. Abuse includes physical, sexual, and emotional harm, and neglect means failing to provide necessary care.
Youth Protection from Harm (Juvenile Causes Title 3, Subtitle 8A):
This law provides that any juvenile detained in a facility must be protected from physical and emotional harm. The law also mandates that detention centers must have clear policies in place to prevent and address incidents of abuse or neglect.
Code of Maryland Regulations (COMAR) 14.31.06
The Standards of Care for Youth Residential Facilities are outlined in the Code of Maryland Regulations (COMAR) 14.31.06. These regulations provide detailed guidelines to ensure the safety, well-being, and proper treatment of youth in residential facilities.
Legislative Changes and Policy Reforms
Maryland has implemented key legislative and policy reforms to enhance juvenile justice and support abuse survivors in detention facilities. Notable changes include:
- Juvenile Justice Reform Act (2022): Raised the minimum detention age and focused on rehabilitation and community-based services.
- Juvenile Restoration Act (2021): Ended life without parole for juveniles and allowed for resentencing.
- School-to-Prison Pipeline Reforms: Reduced criminalization of minor school infractions and increased support for at-risk youth.
- Prison Rape Elimination Act (PREA) Compliance: Enhanced measures to prevent and respond to sexual abuse in detention facilities.
Maryland-Specific Resources for Survivors
Local Organizations and Support Groups
Local organizations and support groups for survivors of abuse at juvenile detention and youth residential facilities in Maryland include:
- Baltimore Child Abuse Center
- Maryland Department of Juvenile Services – Victim Services Unit
- Voices for Children
- Maryland Coalition Against Sexual Assault (MCASA)
Legal Aid Services
Legal aid services for survivors of abuse at juvenile detention and youth residential facilities in Maryland:
- The ACLU of Maryland
- Maryland Legal Aid (MLA)
- The Women’s Law Center of Maryland
- Disability Rights Maryland (DRM)
- Maryland Office of the Public Defender – Juvenile Division
Counseling and Therapy Options
Local counseling and therapy options for survivors of abuse at juvenile detention and youth residential facilities in Maryland:
- Local Health Departments
- Community Crisis Services, Inc. (CCSI)
- Center for Child and Family Traumatic Stress at Kennedy Krieger Institute
- HopeWorks of Howard County
- Baltimore Child Abuse Center (BCAC)
- The Family Tree
- TurnAround, Inc.
Grassroots Organizations and Activism
In Maryland, grassroots groups support juvenile justice and survivors of abuse in detention facilities through advocacy, legal reform, and direct support. Examples include:
- No Kids In Jail (NKIJ)
- Youth As Resources (YAR)
- The Campaign for Youth Justice (CFYJ)
- Out for Justice, Inc.
- Just Kids Campaign (part of the Maryland Office of the Public Defender)
Public Awareness Campaigns
Public awareness campaigns aim to educate the public, raise awareness, and advocate for reforms to support survivors of abuse in juvenile detention and youth residential facilities in Maryland.
Public awareness campaigns include:
- DJS initiatives for transparency and reform
- MCASA’s sexual abuse awareness and support efforts
- Youth Advocates Programs for systemic reforms and support
- Educational campaigns and reports highlighting issues and promoting change such as Youth Justice Awareness Month