Judge rules: Stop giving drugs to migrant children without consent
Texas facility said psychotropics given for emergencies.
A federal WASHINGTON — judge found that U.S. government officials have been giving psychotropic medication to migrant children at a Texas facility without first seeking the consent of their parents or guardians, in violation of state child welfare laws.
U.S. District Judge Dolly Gee in Los Angeles ordered the administration to obtain consent or a court order before administering any psychotropic medications to migrant children, except in cases of dire emergencies. It also ordered that the government move all children out of the Texas facility, Shiloh Residential Treatment Center in Manvel, except for children deemed by a licensed professional to pose a “risk of harm” to themselves or others.
Staff members at Shiloh admitted to signing off on medications in lieu of a parent, relative or legal guardian, according to Gee’s ruling. Government officials defended this practice, saying they provided these drugs only on “an emer- gency basis” when a child’s “extreme psychiatric symptoms” became dangerous.
The judge didn’t buy this explanation, pointing to testimony from children who said they were given pills “every morning and every night.” Officials “could not have possibly” administered medications to children on an emergency basis every day, Gee wrote.
The Shiloh Residential Treatment Center, the judge ruled, violated a long-stand- ing settlement that set strict standards for detaining immi- grant children, including those who crossed the border unaccompanied and those who were separated from their parents. The 1997 Flores agreement requires the government to place children in the “least restrictive” setting appropriate to their age and any special needs.
Plaintiffs on behalf of immigrant children argued Shiloh violated this standard because it is a locked facil- ity with 24-hour surveillance and monitoring and engages in practices that are “not necessary for the protec- tion of minors or others.” Shiloh is one of many shel- ters contracted by the U.S. Office of Refugee Resettle- ment to house immigrant children.
There is evidence that several children were not allowed to have any private telephone calls at Shiloh, the judge wrote. One child, iden- tified as Julio Z., said Shiloh staff refused to let him and other children leave their living areas to get drinking water. When Julio tried to step out to get water on one occasion, a staff member allegedly threw the boy to the ground, injuring his elbow.
The judge ordered Shi- loh to stop using any unessential security measures, such as denying children drinking water. It demanded that officials allow children at Shiloh to speak privately over the phone.
Gee also said the government must explain to chil- dren in writing, in a language they understand and in a reasonable amount of time, why they are being transferred to a secure facility, staff-secure facility or a residential treatment center. The judge also ruled that officials cannot place children in a secure facility solely because they were allegedl ly affiliated with gangs.
Shiloh is a collection of trailers and small buildings that can house up to 44 chil- dren, 32 of them immigrants, according to the Center for Investigative Reporting, which has reported exten- sively on the facility. It has been contracted to house immigrant children deemed unaccompanied minors since 2013, and was also set to receive children separated from their parents under the Trump administration.
The facility also has a history of troubling practices, including allegations of child abuse, according to the Center for Investigative Reporting. A local congresswoman called for Shiloh to be shut down four years ago after the Houston Chronicle reported on long-running allegations of physical violence, excessive use of physical restraints and several deaths of chil- dren in custody.
A doctor at Shiloh who has signed off on many prescriptions for psychotropic drugs to immigrant children has practiced without board certification to treat children and adolescents for nearly a decade, the Center for Investigative Reporting found.