Washington, D.C. — Legal representatives are pressing a federal court to consider a move that would prevent public access to a forthcoming hearing concerning a lawsuit against the District’s troubled youth services department. The suit has been initiated on behalf of two 16-year-old boys who have faced prolonged detentions at the city’s Youth Services Center (YSC), awaiting placement in specialized residential treatment facilities, which was delayed due to the overcrowded conditions at YSC.
In a twist to the proceedings, attorneys for the city and the Department of Youth Rehabilitation Services (DYRS), alongside its director Sam Abed, have requested that U.S. District Judge Carl Nichols seal the hearing slated for Thursday. This motion emerges against a backdrop of stakes that involve the privacy rights of juveniles, as the attorneys argue the necessity to protect sensitive information pertaining to the juveniles, which the law safeguards from public dissemination.
The legal team representing the district justified their request by citing regulations that mandate juvenile case records, among other types of social and law enforcement documentation, remain confidential and protected against unauthorized disclosure—violations of which are penalized under District law.
This legal challenge first came to light when the lawsuit was lodged last October by the two teenagers. They protested the undue periods spent in confinement—up to three months for one of the teens—at an overpopulated facility unfit for their needs, while awaiting transfer to more appropriate settings that could offer tailored care services. This case later escalated into a potential class action as many other juveniles in similar predicaments at YSC joined the suit.
There have been ongoing issues with the city’s management of juvenile detainees such as these. Last year, a D.C. Superior Court Judge threatened to hold the YA director Abed in contempt due to multiple failures in adhering to court orders related to juvenile placements. Despite assurances by Abed last December that more accommodations were being set up to address the crowding at YSC, recent data indicates the facility’s enduring struggle with overcapacity; it held 100 youths as recently as the last count on Tuesday.
To mitigate these issues, the attorneys for the detained youths filed for a preliminary injunction back in October, urging the court to enforce several measures. These included the timely relocation of all juveniles currently languishing at YSC awaiting alternative placements, alongside the expedited completion of initial assessments and personalized treatment plans, in line with the schedules mandated by D.C. law.
Judge Nichols, leading up to the Thursday hearing, permitted the representations from both sides to present their respective positions under seal and allowed the use of pseudonyms for the juveniles to maintain their anonymity.
In their defense about sealing the hearing, city lawyers stressed that the privacy concerns are significant and argued that conducting discussions openly could potentially force them to either withhold critical information during proceedings or risk legal penalties associated with disclosure.
As the legal battle poised to unfold in closed quarters continues, the community and advocates wait to gauge the outcome and its implications for the vulnerable youth of the District. Nichols has yet to deliver a ruling on the proposed sealing of the hearing, which is critical ahead of its commencement scheduled for 2 p.m. on Thursday.
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