It’s not uncommon for young people in Colorado youth detention facilities to suffer fractured bones, broken teeth, cuts and deep bruises as staff attempt to physically restrain them. Videos of use of force incidents in Colorado Department of Human Services-Division of Youth Services (DYS) facilities during the past two years show young people slammed into walls, thrown to the floor or tackled by multiple staff members.
A DYS policy allows staff to use force to physically restrain youth who pose a danger or threat to themselves or others. A review of such cases by the Office of the Colorado Child Protection Ombudsman (CPO) found staff justify some physical responses because of verbal statements or threats made by youth, or youth failing to follow verbal commands. Those justifications have been upheld when the cases are investigated by DYS, even if youth claim that staff baited them or used racist language to provoke a response.
“When we speak with youth they are scared, angry and demoralized that these acts of violence can occur and many times go unaddressed,” says Child Protection Ombudsman Stephanie Villafuerte. “We set up kids to distrust our systems. They lose confidence when adults fail to protect them.”
The CPO independently reviews case documentation, video surveillance footage and staff-generated incident reports of use of force complaints. The CPO has consistently observed discrepancies in staff and youth explanations of these incidents and found it nearly impossible for the agency – or any other entity charged with reviewing these incidents – to determine if the use of force was justified. While cameras in DYS facilities record video of youth and staff incidents, they do not record audio, a key element in determining verbal provocation.
“It’s difficult to review these use of force cases because there is no way to corroborate what occurred,” notes CPO Director of Client Services Amanda Pennington. “I have seen incident reports where staff document that youth refuse to comply with staff commands and then the youth denies that commands were made.”
Pennington says the CPO hears from youth about being restrained, feeling isolated and denied rights and services. Youth can be further harmed when an unwarranted incident goes in their record.
The DYS is responsible for the supervision, care and treatment of youth in secure facilities in Brighton, Colorado Springs, Denver, Englewood, Grand Junction, Greely and Pueblo.
The use of physical force within DYS youth centers has been at the center of discussions in Colorado for more than a decade. In fact, during the past two fiscal years, the Office of the Colorado Child Protection Ombudsman (CPO) was contacted by 130 youth currently or formally residing in DYS facilities. In total, 25 percent of those cases concerned staff misconduct or the misuse of physical restraints – the majority of which were called in by youth.
Black youth represent 38 percent of youth restrained by DYS staff but make up only 23 percent of the youth centers’ population.
“This is especially troubling as youth of color are restrained more often,” says Pennington. “They tell us that they often deal with staff using racial slurs and language to provoke them.”
That’s why the CPO is formally recommending a solution employed by other states: The use of technology that captures audio interactions between youth and staff such as body-worn cameras and security cameras that also record audio. Audio evidence would allow the CPO and other oversight agencies to review use of force incidents in a more comprehensive manner. Audio could also absolve staff of wrongdoing.
“Having audio available would provide the additional information and context necessary to investigate these incidents,” Pennington says. “Audio would provide as close to both sides of an incident that we can get at this time.”
Villafuerte, Colorado’s Child Protection Ombudsman, recognizes that the state legislature has made significant progress in addressing harm that can occur in DYS facilities. But she insists more should be done to protect youth in the state’s care. “I have witnessed many videos where youth have been shoved into floors and walls suffering extensive injuries from broken bones, to cuts and bruises,” Villafuerte says. “We cannot ignore the evidence in front of us. Youth are being hurt and it is imperative that we act now to do all that we can to ensure their safety and well-being. The level of force we have seen used against youth is disturbing and simply unacceptable.”