Children in custody especially vulnerable
In the best of times, children do not belong in detention. In the worst of times, as during a pandemic, children certainly do not belong in detention. According to its monthly reports, prior to COVID-19, Harris County Juvenile Detention Center had an average of 204 children detained, with approximately 94 percent of the youth being black and brown. The average number for March and April was 155. The number of youths currently being detained is between 90 and 110, and 98 percent of them are of color. The youngest child currently in the detention center is 11. In Texas, a child is only a child in the juvenile system until they reach the age of 17. Yes, the number of children being detained has decreased, but not enough.
While Harris County and the city of Houston are concerned about the rising numbers of COVID-19 cases, we are not doing enough to keep our children safe, particularly those in custody. COVID-19 spreads quickly in enclosed spaces like detention centers, prisons and jails. The chief of juvenile probation disclosed to me that the number of cases among youths and staff working in the detention center is increasing. With a group of volunteers, I teach Street Law to children in the center via video conferencing three times a week. The youths are in close quarters. They do not have access to frequent hand washing, clean clothes, sanitized community spaces and masks that are replaced on a regular basis. Some youths appear to have reusable cloth masks but there is no protocol for how often these are being cleaned adequately to prevent infection. Additionally, in the attempt to reduce contact, the children’s constitutional rights are being violated. They are not having regular contact with their attorneys, hearings are not being held as frequently and youths are held in detention for months without having a trial to determine whether they committed a delinquent act.
Of significantly more importance than the numbers, is the emotional trauma that the children are facing. Imagine being a young teenager and being confined for three months or more for a crime that you may not have committed. During that time, you do not have any in-person contact with your family or friends and limited, if any, phone contact with family. Keep in mind, that the U.S. Supreme Court recognized in Roper v. Simmons that the prefrontal cortex of the brain — the portion that controls executive functioning — is not fully developed until approximately the age of 25. It is because of this that adolescents are prone to immaturity and recklessness, susceptible to peer pressure, and have a greater capacity than adults for growth and change.
When teens are not allowed basic rights and privileges such as not being able to go outside at all, not being able to go to a family member’s funeral, or, the worst-case scenario of not knowing if or when they will be able to see family members again, the emotional strain they already are experiencing is pushed to a point that can cause mental health issues or exacerbate existing mental health conditions. This is only compounded by the fear that they might contract COVID-19 due to the considerably higher risk in detention and if they will survive. It is always hard for a child to be removed from their family. It is even more traumatic during the time of a pandemic.
Many of the young people in the detention center do not think they should be there. They believe they are innocent. I do not know if they are innocent. I do know that while I and 12 volunteers interact with them each week, we see that they are children. They have good minds that are being wasted and not sufficiently challenged. The youths show an interest in the material being presented and want to learn and understand the concepts. They are respectful to the adults who are giving their time, pay attention, ask good questions and participate in the discussions and activities. Many have aspirations for learning and working to support themselves and participate positively in their community. The overall consensus is that education is key to these goals and the ability to make a better life for themselves and their families.
These children are scared. They are depressed. Who would not be under these conditions? They are in a location where the number of coronavirus cases is going up daily as are the number of cases in the communities from which they come. We should be showing compassion and letting the children go home or to a safe home in their community. Children do not belong in detention.