The Justice Department has issued a stinging report describing the Hawai'i Youth Correctional Facility as being in a "state of chaos" with a lack of safeguards to protect the juveniles from violence and from trying to harm themselves and committing suicides.

The report, released yesterday, said conditions at the state's only institution housing juvenile offenders violate the federal constitutional rights of the youths. If those issues can't be resolved, Justice Department lawyers said they would be filing a federal lawsuit to correct the problems.

In response, state officials said they are aware of the seriousness of the problem and have taken steps to ensure the safety of the juveniles at the Kailua facility.

They also said they believe they can resolve the issues to avoid the lawsuit.

But the American Civil Liberties Union, which conducted its own investigation in 2003, said the facility remains in "desperate need" of improvement. Also, a state deputy public defender in charge of the office's lawyers who represent juveniles said she believes the facility still remains in chaos.

The Justice Department launched its investigation in August of last year.

In the report the Justice Department stated the "most fundamental problem" is a lack of policies has led to a "culture" in which the abuses of the youths aren't reported or investigated. It also said the youths don't have access to mental health, medical care and necessary educational services.

It also recommended ways the state can address the problems. The suggestions included training staff to ensure they can safely supervise the juveniles to implementing policies identifying, monitoring and treating suicidal youths.

The report commended state officials for their cooperation in the investigation and expressed hope that the state will continue to cooperate to resolve the problems so that the lawsuit won't be necessary.

In his response, Attorney General Mark Bennett said the state recognizes the "gravity" of the report's findings, and will continue to cooperate with the Justice Department to improve the facility.

"We believe we will reach an agreement with the department," he said.

Sharon Agnew, executive director of the Office of Youth Services which oversees the facility, said the HYCF is no longer in chaos.

"We've made huge improvements," she said.

As an example, Agnew said the facility no longer places juveniles in lockdowns as punishment, but more as a "timeout" and a report must specify why any youth is in a lockdown for more than 55 minutes.

Agnew said the facility has 21 new positions; a better system has been adopted for reporting problems such as injuries and escapes; and structural improvements have been made in an attempt to provide fewer opportunities for suicides, including installing breakaway sprinkler heads so the juveniles can't hang from them.

She acknowledged the state still needs to improve staff training and ensure that procedures are followed.

"We're not 100 percent (to resolving the problems), but we are close," she said.

The facility currently houses 63 juveniles — 51 boys and 12 girls — ages 12 to 19. The juveniles are sent there from around the state, and many are considered too dangerous to remain in community programs or at home.

According to state officials, the facility has a staff of about 100, including 61 guards and supervisors.

The Justice Department's report echoed complaints that have been made over the years.

Sandra Cooper, a 58-year-old mother whose son served a year at the facility in 2000, said she was relieved to hear about the report. "I've been trying to tell people about that place for years," Cooper said.

Cooper said while her son was at HYCF he was put in solitary confinement for three straight months without justification. She said one of the guards tried to force her son to help him rob a cockfight.

"I tried to alert them (state officials) five years ago but they just laughed it off," she said.

In his 30-page report, Bradley J. Schlozman, acting assistant attorney general, said it would not be an exaggeration to "describe HYCF as existing in a state of chaos."

Gov. Linda Lingle said yesterday that the public should know the state has been aware of the shortcomings.

"We know there's work to be done," she said. "But, again, I have a lot of confidence in the leadership out at the facility."

The ACLU's Hawai'i chapter, which issued a highly critical report of the facility in 2003, said it was concerned the state hasn't made enough progress.

"I think the conditions at the facility are still in desperate need of correction, most particularly with regard to state training and policies and procedures," said Lois Perrin, ACLU Hawaii's legal director.

She said another problem is staff shortages.

A Justice Department civil rights lawsuit would be similar to the one filed in 1991 that led to a consent decree and federal oversight of the Hawai'i State Hospital that was lifted last year. The federal courts, though, still retain oversight on the state health department's efforts to develop a community mental-health plan.

Perrin said if the state cooperates, it's not likely the facility would be sued because in most cases, the state and Justice Department resolve the issues through a settlement.

Carolyn Brown, the deputy public defender who oversees the office's Family Court unit representing juveniles, agreed with the Justice Department's assessment and said conditions remain chaotic because of the lack of staffing. Although the state has hired more staff members, it hasn't been enough, she said.

She said guards still tell her they have to work double or triple shifts.

"I think they've made some important changes, but the chaos still continues because kids still don't go to class, visitation isn't allowed when it should be and mental-health people are kept out of the facility because they don't have the staff to safely bring the child to the therapeutic session," she said.

She also agreed with Agnew, who said she was "thrilled" with the Justice Department report because the state now knows the most serious issues that must be addressed.

"It seems to take something like this to get somebody to do something," Brown said.