•Nithout year1 and to...2012~ extended in April 2014., and amended March 2018. The parties agree the decree an ao. ld' it10mu . l year1 up and including March 28, This Second Amended

Case 3:11-cv-00327-DPJ-FKB Document 120 Filed 03/30/18 Page 1 of 27

IN THE UNITED STA.TES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF lVIISSISSIPPI

NORTHERN Df\tl:SION

J.H •. A1'\l'D DIS.ABILITY RIGHTS MISSISSIPPI

HINDS COu1''TY, MISSISSIPPI

PI,.A.INTIFFS

CAUSE NO. a:11-(';\r.327~DPJ-FKB

DEFENDru~T

SECOND Al'\'IENDED CONSENf DECREE

On ~Tune 1, 2011, Plaintiffs filed suit challenging confinement at

Henley-Young Juvenile ra.;;;ponded

Complaint denied all the allegatio:ns. •Nithout

resolve this matter taxpayers Hinds

Mississippi. The Agreement" (1ater

determined the district court a \ 1vhich was entered in March

2012~ extended in April 2014., and amended March

2018. The parties agree the decree ld' . l an ao. it10mu year1 up

and including March 28,

This Second Amended Consent as an admission of

any liability or violation of law the Defendant The parties agreed 2012 to

cons~mt to extend

and to parties also to modify one

pro\tision,


the hereinafter refers

collectively to Hinds County and Board Second Amend.ed

Consent Decree and its specific requirements to Henley-Young and to

anv eontractors that mav " ,I m future. term

at The

understand that requirementB wiH be implemented undue delay as

soon as practicable. will collaborate

make all re.:1.sonable effort$ ensure that date of this

agreement: policies proct~dures the

process of implemented, and training on

requirements of this agreement. and understand implementation

will be an ongoing process that

The parties further to the

1. This agreement '\.viH terminate at the one the Court makes \vritten

findings based on the record that prospective relief

year agreement

shaH not terminate. See 18 lJ

parties stipulate in

constitutes an admission of liability and furthermore, the denies

it provided deficient

Not\vithstanding any

the parties

to correct an violation

+ 0.1.

a

referenced belovv in this

document are

no than


necessary to correct the violation federal right, and prospective relief is

v:iolaticms.

4. is the intent ongoing jurisdiction over

pursuant

the terms of the Prison Litigntion provisions of Second

Amended Consent be interpreted to consistent with this intent In

the event that the Court determines that it jurisdiction over this

Second Amended Consent Decree the parties agree

to modify the Second to to

court jurisdiction.

I. INTAKE

1.1

deficient in manner. henceforth: AH youth

admitted to vvithin 1 hour

· admission or as soon .as possible ac; appropriately

trained staff as required Code Annotated s 43-21-321.

"Information obtained during the screening include, but be

limited

health;

Family relations; (g) Peer relations; skills; (i) Educational status;

and (j) Vocational " Ann. § Dw·ing

screemng~ shall obtain hrformation Te". arding b 1..~ youtlr's

educationa] statu..-; having the or intake officer an education

screening developed and the District


Additionally, the agree that 1.1 implicitly necessitates

Henlev-Younl)" to • b a valid l\ITCIDS order a can

admitted, The agree that Provision 1.1 prohibits Henley-

Young admitting a to '<vithout full

compliance , ... ,ith in the absence

of a valid MYCIDS and fun co:mpliance MiSb'issippi

youth cannot be admitted to Henley-Young, that such youth's admission

must be denied.

1.2 Hinds County that to mental health

screenings of juveniles admitted to

Code Annotated § The that hencefo:rt_,1:1: .AH

upon admission) a.s

screening

conducted in private by appropriately Henley-Young. If the

screening indicates youth

mental health intervention including, but major

suicidal ideation; withdrmva1 from drugs or or trauma, the detention

staff shall refer those to or community

as reasonably possible.

Prescription medications "vill be secured youth "vho have a valid,

longer than hours after admission, weekends and If

a a new

4


1 ... •:J

1.6

2.1

medication or renews a youth's prescription medication, Henley-

Young ¥rill secure the prescription virithin 8 hours of receiving the

prescription, if possible, but than hours after receiving

new pre~scription, including and holidays. Henley-Young shall

procure and/or prescription

youth .

. Meal Compliance: Eliminated narties in l11Iarch 2016. '

'r. ' I u~ · E' 1 • · • db 4 ewp wne sage~ trrmnate' . · y parties lvlarch 2016.

Hi.nds County denies that in place a valid strip

search policy. Vvithin the ~'feement, Henley-Young

shall develop implement poHdes to instances

an articulable that a vouth mav ,/ . ~f

obtain permission

from a supervisor, a manner that minimizes the

intrusion into the

II. STAFI?ING .AND OVERCROWDINQ

the

that there are staffing at Hovvever,

the parties agree shall ensure

numbers adequately trained direct ca.re and to

youth safely, protect youth from han..'1t aHovv reasonable access

rnedical mental and to

participate out-of-c,cll the date tl1is

5


agreement, Henley-Y uung shall operate "vith a direct care staff to youth ratio

of 1:8 from the hours of 6:00 a.m. 10:00 a ratio of 1: 10 the

of 10:00 p.m. to 6:00 a.m. Additionally! the pa1ties acknowledge the

November 3, 2014 Hinds County . . Supervisors' Resolution Regarding

the Henley~Young Detention that Henley-Young shall not

hou.se any youth court jurisdiction for more than 21 days.

parties also a;t:.'-ree that Henley-Young is a short-term not designed to

hold residents for longer 21 of nature the

of Supervisors' Resolution, agree that Provision 2.1

necessarily requires Henley-Young under youth court

jurisdiction on or his/her day The parties

that henceforth the 21 limit discharge and refusal of

admission. of youth 1..viil not to as adults. The parties

further that 2.1 to admission to

any youth is sentenced to a 1 • r' . tnan 21 days. '_ne parties

ma

of detention (including but limited residential

treatn1ent facility) must counted The

to

adhere recommended limit on average

daily population, and that an average

population of 32 residents, and that vvould requfre an ADP

6


2.2 Maximum Capacity Adjustment: Eliminated by agreement of the parties in

March2016.

2.3 One-Person Cell: Eliminated by agreement of the parties in March 2016.

III. CELL CONFINEMENT

3.1 Hinds County denies that youth are confined in their cells without engaging in

structured, rehabilitative, and educational programming. The parties agree,

however, that henceforth: Youth shall be engaged in structured, rehabilitative,

and educational programming outside of their cells during the hours of 7:00

a.m. to 9:00 p.m. each day, including weekends and holidays.

3.2 Except when youth are in protective custody or confined subject to section 3.3

of this Second Amended Consent Decree, youth placed in the Suicide or

Booking cells shall be allowed to spend the hours of 7:00 a.m. to 9:00 p.m. on

the appropriate living unit and to have the opportunity to engage in

structured, rehabilitative, and educational programming, unless medically

counter-indicated.

3.3 Youth who pose an immediate, serious threat of bodily injury to others may be

confined in their cells for no longer than 12 hours at a time without

administrative approval. Youth who are placed on cell confinement for this

reason shall be released from their cells daily to attend school, maintain

appropriate personal hygiene and to engage in one hour of large muscle

exercise. Staff must perform visual checks on youth who are subject to cell

confinement every 15 minutes. Staff must document all instances of cell

7


confinement in justification for determining

that a youth poses an

34 .. faolation: Eliminated agreement March2018.

Dfr'ect Care Strrffon Units: Eliminate,d by agreement the

2018.

i\!arch

IV. S1~J,ICTlJRED l_>_ROGR.~\ilMING

Hinds County that

StfUCtUfed, ,,,_.,,,..,_,,.,,QTI.'U.'X.lu.>.,,., for youth u;;:;;/.:UJ.J.C:U

failed to administer daily,

facility. The parties agree,

however~ that henceforth: Henley-Young a

including weekends and provide structured educational,

rehabflitative, and/ or recre,ationa1 for youth during all hours

youth shall be out to 3.L

Programming shall include:

<L Activities ·which are varied and appropriate to the of the

Structured

idleness and develop conc<:::pts

c. Supervised small

and table games, a..rts and

The parties

through its County

to

technology that

provisions consent

8

are intended to alleviate

and sportsmanship;

as a wide variety of card

l.Uc>l:u.;:,,,::,1ua;:,,. and,

\Vith

and

Henley

facilities or

provision or


V. INDIVIDUALIZED TREATl\U:!NT PLANS/ TREATME..~T PROGRAJ\'.1 FOR POST-DISPQSffiON YOlJ'fII

has to or provided

that youth have access to adequate eehabilitat:ive Henley-Y OLmg shaH

ensure that children in the post-disposition will receive

constitutionally mmpliant rehabilitative

Henley-Young shall ensure that need of mental health

substance abuse treatment post disposition sba:ll

have appropriate treat1mmt and implemented in accordance

accepted practice mental health

and rehabilitative

Henley-Young shall irnplem.ent policies procedures for the required

content of treatment plan<>, '\Vhich shaH include:

rehabilitative issues to

c. A descripti.011 mental health, medication or medical course of action

to be pursued, including medication;

9


A df'.scription of planned monitor the any

medication of the possibility of

e. A description of any behavi.oral management plan or strategies to be

undettaken;

f, A description of or psychotherapy to be provided;

determination \vhether 01' of treatment needed can be

provided in the youth's current

h. A for monitoring course if necessary1 for

revising the treatment plan.

i. description the terms of long-term short-

term objectives the youth, the full to be provided, and

procedure, and timetables and for implementation of

such treatment

J .. Aplan the m treabnent plan;

k. A eomorebensive re-entrv ~ ; that wm the youth re-enro11 in their

home and access medical~ mental health, vocational and

rehabilitative services based in the r."'"~'

5A Henley-Young shall institute a prograin of periodic staff three

evaluations of his/her individualizeti

treatment plan and itself and Henley-

Henley-Young shaU develop and implement a program that provide.s

evenmg

meaningful activities.


5.6

6.1

6.2

Henley-Young shall

program.

and implement an adequate quality assurance

VI. DISCJPLINARY PRACHCES AND PROCEDURES

Hinds County

Henley-Young are dehcierrt manner. The parties, howevel', that

henceforth: Henley-Young implement a discipline policy and practice

that incorporates positive behavior and sup11orts, This policy

shall indude guiddines imposing graduated sanctions for rule violations

and positive incentives good

Youth i,vho violate rules may ceH confinement for up to

hours for a single rule violation. which a to

have contemporaneously violated rule violations shall count as

a single rule violation for the purposes of No youth shall be

confined to a longer 8 hours for a rule violation without

receiving Vl>Titten of the alleged rule violation and the occurrence

of a disciplinary

member, which

circumstances sha11

participation

be

1onger than 24 hours for disciplinary

cori.1:1nement shall re1eased daily from

appropriate personal

exercise.

11

to

one

an impartial staff

youth. Under no

cell confinement for

are placed on

school, maintain


Mechanical Restraints: Eliminated by parties in March

2018.

7.2 .lvfachanical Restrnints-Transporlation: Eliminated agreement the

7.4

parties 11.iarch 2018.

parties

,_'\t:farch 2018.

No youth shall be restrained for longer than minutes, u.u1<;;;:•i;;t restraints are

under sc'Ction 7.2 or as necessm·y to prevent the youth from

engaging in a youth be restrained

for longer than minutes in order prevent that youth shall, as

quickly as possible1 be hy a mental professional or

transpo1ted to a meuta1 health faeHity.

No Restraint

agreement of the parties lvfarch 2016.

Facility:

Mechanical Restrain.ts-One-on-One

parties in March

a nd Jo;• .,., I I

.i:· D_;

' Eliminated by

parties

· Eliminated agreement

7.8 lV!echanical Restra.ints-·Notice to

agreement

l~f the parties in }vf arch

2016.

12


7.10 No Ffrearms in Facility: Eliminated by agreemen.t of the parties in lvfarch

2016.

VIU. USE OF FORCE

Hinds County denies that currently uses force improperly, The

parties, ho'Never, Physical force shall not be used to

punish youth. Staff shall to stop youth causing

serious physical injury to or or to prevent an escape. If physical

is necessary, must use minimum amount required to safely

contain the youth. vVhenever possible, staff shall avoid use of t",.'Jrce by first

Staff required fu1ly

document in -vvriting instance of use

Henley-Young shall notify a medical professional, but not limited to

the licensed practical nurse on is used against a

a youth imrnediately after the

use physical

Hinds County that failed to provide proper meals

and snacks to youth. parties henceforth: shall

provided three meals and a snack a

he or she attending or some other appointment} or she shall

receive the missed meal or her

1'' ,)

detention.


at Henley-Young shall, at a nunimum,

comply 'With the nutrition guidelines set forth in United States

Department

9.3 Ptovide Drinking Water · Eliminated by agreement

the parties in ;.~larch

10. 1 Provide Basic Clothing · EHminated by of the pm'ties in

}v!arch 2018.

XI. JIYGIENE AND SANITA.TIO~

n.1 Hinds County that. has failed to provide youth with

appropriate

Youth shall provided the means to maintain appropriate hygiene,

h1cludi.ng soap and shampoo for which occur at least once dally,

soap for vvashing hands after the uses the and

tootJ1paste and a toothbrush will occur at least h\ice

a cmnb and brush1 if shall be

youth. Girls must provided with panty liners on a daily basis other

will a and brush upon

entering the are a recyded comb or b:rush or

a comb or brush thnt bas been youth9 Henley-Young shall

ensure that the comh and brush is

11.2 Youth shall be provided with that are

uses youth, and youth

shaU


11.3 No Deprivations of Mats and Blankets: Eliminated by agreement of the

parties in March 2016.

11.4 Sufficient Sanitary Mats and Blankets: Eliminated by agreement of the


11.5 Youth shall be provided with a clean, sanitary environment.

11.6 Hinds County shall ensure that Henley-Young complies with relevant law

regarding fire safety, weather emergencies, sanitation practices, food safety,

and the elimination and management of environmental toxins.

11.7 Clean Drinking Glasses and Eating Utensils: Eliminated by agreement of the


XII. MEDICAL CARE

12.1 Hinds County denies that Henley-Young has failed to provide youth with

adequate medical care. The parties agree, however, that henceforth, Henley

Young shall provide youth with adequate medical care, including: prompt

screenings, a full physical exam within 72 hours after their detention hearing

or disposition order, as applicable; access to medical professionals and/or

prescription medications when needed; and prompt transportation to a local

hospital in the case of a medical emergency. Hinds County is responsible for

procuring and/ or paying for all medications provided to residents.

12.2 Henley-Young shall ensure that a medical professional is available to examine

youth confined at the facility to identify and treat medical needs, when

necessary.

12.3 Henley-Young shall implement its sick call policy and practice which ensures

that confined youth who request non-emergency medical attention are

15


examined by a medical professional within 24 hours of a youth placing

himself on sick call, excepting weekends and holidays.

12.4 Prescription medications shall only be distributed by licensed medical staff or

Henley-Young staff who has been trained by licensed medical personnel.

12.5 Medical and mental health services shall be provided in a manner that

ensures the confidentiality of youth's health information.

12.6 Henley-Young shall develop a procedure for monitoring youth who require

indi-vidualized attention because of medical is.ques that does not involve

requiring the youth to sleep on a mat in the visitation room.

XIII. MENTALHEALTHCARE

13.1 Hinds County denies that Henley-Young has failed to provide adequate

mental health care to youth. The parties agree, however, that henceforth:

Henley-Young's contractor, Hinds Behavioral Health Services, shall provide

adequate mental health services to all confined youth with a mental health

diagnosis or serious mental health need, as indicated by the MAYSI-2. This

shall include, but is not limited to, the provision of individual and group

counseling sessions upon the request of a youth or the youth's

parent/guardian, access to a mental health professional at the detention

center, and the distribution and medical monitoring of psychotropic

medications by a medical professional. Currently, the County budgets for

counselor positions within the Youth Court budget. The parties agree that the

County shall reallocate such funding to the Henley-Young Facility to provide

appropriate and accessible mental-health counselors and case-management

16


counselors to the """""""''"''!'<" for

plans.

of individualized treatment

13.2 Youth who are confined for longer than Cao) continuous days and who

are prescribed medications, shaH evaluated by a psychiatrist

every (so) days, Such performed by and through

employees Hinds Behavioral

\Vithin 72 hours of a youth's U"-'k"'-Lki""'

individual mental healtb treatment

to sha11 develop

care of

a mental health provider. Treatment plans shall of care

and shal1 ensure that youth are transported to

appointments regular mental health the

appointments are standing or made the detention,

Henley-Young shall develop implement policies procedures for

referring youth in need

timely mental health evaluation.

through employees of Hinds Behavioral i-:1"10 1-1·n

1;~.5 Hinds County shall einploy or contract

permit a psychiatrist to fulfill the

a. Conduct needed psychiatric

psychotropic

a

may

prior to

for a

provided by and

to

youth on

Monitm\ as app:ropri.ate, and effects of psychotropic

c, Participate in treatment team youth under the

care;


<l Provide individual counseling and psychotherapy •.vhen needed;

e. Evaluate and treat a timely manner an youth as possibly being

f. Provide adequate documentation

,.'\H evaluations and services outlined be perforrned and/ or

provided by and through employees of Hinds Behavioral Health or other

qualified Mental Health agency.

The psychiatrist and/or counselors shaH if nec,essary~ inc:ideut reports,

disciplinary reports, suicide and 1ockdown of vouth under ,

if not, how it

should be modified.

XIV. SUICIDE PREVE.~TION

14.1 llinds Com1ty denies to provide adequate suicide

prevention policies, The that henceforth; Henley-

Young shall develop a multi-tiered policy that has least

three stages of suicide not be used as punishment.

The "suicide cell" shall "suicide cell" is

deemed necessary in conjunction policy.

shall he evaluated a

mental health professional, ideally within 12 in no case longer than

24 hours of his or her placement on a youth on the highest

level of suicide watch not professional

24 hours, the youth sba11 immediately

facility or room for evaluation treatment.

18


Youth on suicide sha11 participate recreation, school, and any othc:r

structured programming, Youth not to we.ar a "suicide

go\llc'TI" unless locked in a cell. Staff shall monitor youth on suicide

watch, \Vhich includes logging activities 15

144 \Vhen a youth is placed 011 level suicide watch, a report shall be made

within 24 to youth court, as as to the youth's guardian, and his

or her defense attorney.

XV. F.AJ\HLY SUPPORT AJ~D INTERACTION

15.1 Visitation Shall Not Be Restricted or

pm•ties in .March 2016.

Eliminated by agreernent

Provide A.ccommodationsfor Contact 'Visits: Eliminated by of the

parties in 1\tarch

Visitation Shall Be Regularly Scheduled:

parties inlvfarch 2016.

by agreement of the

15-4 Youth may receive phone from their attorne3rs. At discretion of the

Director or assignee, may phone calls

from parents~ primary caretakers, or legal ._..,,,,., ..... ,, Ernergency calls

and phone from should not as a form of

punishment.

XVI. 1\HSCEI .. IA'f\IEOUS PROVISIONS

16.1 Provide Equal A.ccess to · Eliminated by agreement (~f the parties

in 2018.

Hinds County denie...::;

at least one hour of

failed

muscle """'""'""""' per clay. The

19

youth to en1g:aji~e

agree, however,


that henceforth: AU youth shall have

hour of large muscle exercise per day.

16.3 Henley-Young shall implement a

youth or calling them names, and

opportunity to engage in least one

which prohibits staff from insulting

rm~sei1ce of youth.

164 Hinds County denies that doeB not current an adequate

grievance policy. The parties that henceforth: Henley-Young

shan implement an adequate policy is accessible to all youth

regardless of literacy and that provides youth with opportunity to

appeal facflily level determinations. Youth shall the grievance forms

from the school liaison.

16.5 Hinds County denies that Henley-Young

policy whereby youth can request to see their

counselor. parties however,

develop and implement an adequate policy

literacy levels with the opportunity

have an adequate

and/or Youth l'.<mrt

Henley-Young shall

aUows of all ages a..D.d

to see their attorney

Youth Court counseL the form requestL11g a visit from

his/her counselor from the school r,oUaborate

·with the Plaintiffs to

pre-service and

Training shall ind ude,

and Lupiernent a comprehensive juvenile justice

requirements direct care

program

not limited

Elimination Act, verbal de~escalation

development developmental

detention center staff.

reporting

the Prison Rape

adole..;;cent brain

communication vvith


adolescents, effective documentation, appropriate use and

and best practices for detention center '-'.'''""-"'"'·'""'

XVII. JNDEPEND:~:Nf ~MONITOR

Dixon, within 30 days of the

court's entry of this Second Amended Consent to serve as an expert

who will be i·csµonsible documenting: Defendant's compliance "'vith the

terms of this

assistance

and providing and/ or arranging techniml

thL:;; Amended

and complete acc.ess the facility, Consent Decree. The """"''~'11·-r

including but not limited access to detained institutional files,

medic.al files, mental files, educational files, video tapes, youth

records, staff records, all other information and other reports by staff,

grievances, incident reports, docmnents and tiles

maintained by The Defendant shall al1 staff to cooperate

vvith eJrpert.

17.2 Upon the recornmendation of the "·"·'''""''' expert aud with the mutual

consent of the parties,

be modified. "'v""'"'-·"""

terms of this Second Amended Consent Decree may

not be

17.3 AU non-public information

except that on a quarterly basis

vvithheld.

documenting the c.omp1iance.

Neither party, nor or agent of

supervisory authority over the expert's activities,

recommendations.

be kept confidential,

shall have any

findings, or


17.5 The expert shall be permitted to

vvith aJJ parties.

and receive ex parte communications

17.6 The expert shall file with the Comt provide parties with reports

Ser.ond Amended Consent describing the Defondant's to implement

Decree and evaluate the extent to

substantive provision of

quarterly7 unless the parties agree

t11e parties in draft form comment at

submission to the Court. These reports

privacy interests individual

the Defendant has complied i-vith

issued

,,.,,,.,r"'"""' shaH be provided to

two to

vvdtten with due regard for

and staff interest the

Defendant protecting against,..,.,,...,"'''}'.,""~'"'-' of non-puhlic

The expert shall have a budget to allow him to fulfill the

responsibilities described in this Decree. Mr. Dixon

consult v'Vith other retained by either party. AH

parties shall receive copies of all from the e.x:pe1is to Mr.

Dixon prior to trli.e issuance

being present at briefings

Dixon initiate

their respective experts

Mr. Dixon)s report, and shall have option of

"'~'"""~""'""' to Dixon ax1d Defendant. Mr.

ex parte comm1mication \>Vith the parties and

consultants.

XVIII. PLAINTIFFS' COlJNSEL CON1~'ilJED ACCESS

18.1 Plaintiffs' counsel shall full access to the youth at

Young. They shall also full complete access facilitv, vonth,

relevant including but not limited to medical files,

mental health files, educational


records, and an other information

incident reports, and other and files maintained

Henley-Young relevant to assessing compliance v1rith this

Second Amended Henley-Young facility includes an

audio/video monitoring system~ the Hen1ey-Yl.)ung Staff do not

have access to the equipment The parties agree that "'"·""'"'""'·"L access to this

equipment should to

time1y and complete of incident, corrective action (if

necessary) and improved disciplinary procedures.

18.2 Plaintiffs' counsel shall have the right to conduct rnonitoring and educational

visits at Henlev-Youn{' so long as ~ l::I provide 48-hour

counsel retains the to investigate complaint.<> abuse or neglect at

the facility pursuant to its authority Protection and Advocacy for

42 .s.c. §§ 10801

et seq., the Disabilities Rights Act of

2000 (''PADD the Protection and

Advocacy of Individuals Rights Program u 794et

18.3 Plaintiffs' counsel shall the to conduct

youth currently confined at ffonley~.Young. Nothing in

Consent Decree shall agents

accordance \'Tith ,Judge .Jordan's Preliminary Injunction Order h~sued on

September 2011 No. Plaintiffs to indemnify County

for any liability it incurs as a result of

the monitoring of Second Amended Consent


agree to comply with aU state and federal confidentiality requirements

18.4 AH interviews of Henley~Young staff shall coordinated by and \vitb

Attorneys representing Henley-Young. non-public information obtained

XIX. COMPLIANCE, ENFORCEI\f.ENT, AND DISMISS.AL

19.1 The parties that the implementation interpretation of Second

Amended Consent Decree be fact that the primary

treatment rather than retribution." Buck v. State, BaB So. (Miss.

2003) (internal quotations and citation same principle that

guidt>,s interpretation Mississippi's Youth Act shall guide the

the Act and

Second Amended Consent

liberally const111ed to the end each child coming ¥\7ithin the jurisdiction of the youth court become a responsible, accountable, and productive and each such child shall receive ~mch <;are, guidance, preferably such child's own home as conducive toward end and is int.he state's and the child's best lt the public policy of this state that the parents of each shall be responsible for the care~ support1 and of such children; however, when it a child from the control such youth cotu"'t shall secure proper care for

I\·iiss. Code Ann. § 43-21-·rna. ''Inherent in policy is the protection and

care of children in trouble the rehabilitation gone astray."

Helmertv. Bif/any, 842 So.


19.2 This Second Amended Consent binding on successors,

assignees, contractors, agents, and those \Vorking for or on

behalf of Hinds County~ Mississippi.

19,3 Hinds County agrees that it

person has filed or may file a complaint, provided information or assistance,

or participated in any other manner in an 1 ..... r,,.cnunh or proceeding !'elated

to this Second Amended Consent

Plaintiffs' counsel shan

19.5 After the effective

t'lie right conduct '""""'"'"''"'''"'"" V\rtth staff.

u.,.,_,~·'-'""' """''··"'"···'-"· Decree~ the Court this Se('.ond

shalt retain jurisdiction to ensure that fulfill their respective

obligations unde:r this Second

matter related to Second Amended Consent

event that any

is brought to the

within the Court's Court? the Court

jurisdiction shall be available.

19.6 For purpose.s settlement only, the Partiac; to certification.

or will in The settlement class defined as \Nho are

future be confined at llenley~Young."

19.7 Plaintiffs agree to notify the Board

Administrator, and Board of Supervisors

the County

them an oppmtunity to

resolve a problem at Henley-Young

XX. FEES

20.1 parties agree payment

Defendants shall

he disclosed pm·suant to a valid court

to initiating media contact.

amount attorney's paid the

respect to all parties and may only

or public recf)rds request


SO ORDERED this S:SC: day of March 2018.

Paloma Wu Counsel for the Plaintiffs Mississippi Bar No. 105464 Southern Poverty Law Center 111 E. Capitol Street, Suite 280 Jackson, Mississippi 39201 Phone: ( 601) 948-8882 Facsimile: (601) 948-8885 E-mail: [email protected]

c: ~-::.,.,.:) Pieter Teeuwissen

26

Counsel for the Defendant Mississippi Bar No. Sm Simon & Teeuwissen PLLC 621 East Nortbside Drive Jackson, Mississippi 39206-4942 Telephone: (601) 420-1188 Facsimile: (601) 362-8444 E-mail: pteeuwissen@bel}south.net


/sf Joi Owens JoiL. Owens Counsel for the Plaintiffs Mississippi Bar No. 104529 Disability Rights Mississippi 210 E. Capitol Street, Suite 600 Jackson, Mississippi 39201 Phone: (601) 968-0600 Facsimile: ( 601) 968-0665 E-mail: [email protected]

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Documents

•Nithout year1 and to...2012~ extended in April 2014., and amended March 2018. The parties agree the decree an ao. ld' it10mu . l year1 up and including March 28, This Second Amended