Judge rules: Stop giving drugs to migrant children without consent
Texas facility said psychotropics given for emergencies.
WASHINGTON — A federal 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 emergency basis” when a child’s “extreme psy- chiatric 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 were allegedly 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 children 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 who were separated from other children leave their and adolescents for nearly a their parents. The 1997 Flores living areas to get drinking decade, the Center for Invesagreement requires the govwater. When Julio tried to step tigative Reporting found. ernment to place children in out to get water on one occaIn a statement currently the “least restrictive” setting sion, a staff member allegedly on its website, Shiloh said it appropriate to their age and threw the boy to the ground, has been visited, audited or any special needs. injuring his elbow. investigated by authorities
Plaintiffs on behalf of immiThe judge ordered Shiloh at the state and federal level grant children argued Shito stop using any unessential in recent weeks. “All of the loh violated this standard security measures, such as widely distributed allegations because it is a locked facil- denying children drinking about Shiloh were found to ity with 24-hour surveillance water. It demanded that offi- be without merit,” the cenand monitoring and engages cials allow children at Shiter wrote. “The children have in practices that are “not nec- loh to speak privately over been found to be properly essary for the protection of the phone. cared for and treated. Shi- minors or others.” Shiloh is Gee also said the govern- loh Treatment Center has a one of many shelters con- ment must explain to chilspecific treatment purpose tracted by the U.S. Office dren in writing, in a language within the federal system. It of Refugee Resettlement to they understand and in a readoes not participate in bor- house immigrant children. sonable amount of time, why der actions.”
There is evidence that they are being transferred to Numerous sworn testi- several children were not a secure facility, staff-secure monies in court affidavits allowed to have any private facility or a residential treatindicated that children at telephone calls at Shiloh, the ment center. The judge also Shiloh were regularly given judge wrote. One child, iden- ruled that officials cannot psychotropic medication tified as Julio Z., said Shiloh place children in a secure without the proper parenstaff refused to let him and facility solely because they tal consent.
Most immigrant children in U.S. custody are in nonsecure facilities.
But others are in a range of higher-security facilities. A secure facility is the most restrictive option, with a physically secure structure and staff trained to control violent behavior - much like a juvenile detention center.
A “staff-secure” facility may have a secure perimeter, such as a fence, and a higher staff-to-child ratio, but is not equipped with locked cells.
Residential treatment centers are assigned to children who are determined to pose a danger to themselves or others.