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The Honolulu Advertiser
Posted on: Friday, November 11, 2005

Youth home staff speaks out

By Derrick DePledge
Advertiser Capitol Bureau

State lawmakers yesterday heard a harrowing description of work inside the Hawai'i Youth Correctional Facility, as the medical staff, teachers, social workers and guards told of chaotic and often violent conditions that they said have either been ignored or minimized by the Lingle administration.

In the most compelling testimony, a pediatrician and the leading nurse at the Kailua facility told of sending administrators several letters of concern about the verbal, psychological and physical abuse of young wards by guards that were largely ignored. They said that while violence by guards against wards had peaked about 1 1/2 to two years ago, and was now in steady decline, some guards are still taunting wards about their sexual orientation or ethnicity.

"We're supposed to be taking care of these kids, not hurting them," said Linda Hadley, a registered nurse practitioner, who said she fears she will be pushed out of her job because of her criticism.

Robert Bidwell, a pediatrician, said a recent report by the U.S. Department of Justice documenting unsafe conditions at the facility and lawsuits by the American Civil Liberties Union over the treatment of wards has made it easier for some of the staff to talk publicly.

"We should have spoken out so much sooner," Bidwell said.

The seven-hour informational briefing was the third of four planned by House and Senate lawmakers to examine issues at the facility ahead of the next session. Lawmakers questioned facility administrators in the two previous briefings and subpoenaed several staff members who testified yesterday under oath. Administrators will be asked more questions, under oath, at a final briefing Wednesday.

Sharon Agnew, executive director of the state Office of Youth Services, and Kaleve Tufono-Iosefa, the facility administrator, have said the administration inherited many of the problems at the facility and is making progress in establishing new policies that will improve conditions. Others sympathetic to the administration have suggested that the briefings are political, a chance for Democrats to capitalize on the Justice Department investigation and the ACLU lawsuits to attack Republican Gov. Linda Lingle.

"Most of it didn't come as a surprise to me because I've lived it daily for 2 1/2 years," Agnew said of the testimony yesterday. "It's not that things are being ignored, but that we have to be very cautious about how we handle the issues that are presented to us, and in cases where serious incidents are reported, I do not discuss the procedures we go through in invoking a criminal investigation. Juvenile records are confidential, and so even if somebody reports an incident to me, I will not likely report back to them the actions that are being taken, because it could hamper an investigation."

Senate Majority Leader Colleen Hanabusa, D-21st (Nanakuli, Makaha), said the briefings have shown that problems at the facility still exist despite the administration's claims of progress.

"Hearing from the line people is always very different than hearing from the administrators," Hanabusa said. "I think the testimony we heard today puts a completely different light on many of the issues that have been raised. What it does tell us is that we do have a problem that isn't getting better as the administration would like us to believe."

The staff members who testified described many of the issues raised by the Justice Department and the ACLU, including the abuse of wards and confusing or inconsistent policies that have led to safety concerns.

Hadley described how guards singled out two lesbian wards, telling the girls that they were bad and would go to hell because of their sexual orientation. Bidwell said a ward told him a guard said Samoans were only good for washing dishes.

Many who testified said most of the guards are professional and genuinely care about the wards, but lack proper training or have been given inconsistent orders. Teachers and social workers told lawmakers that some guards are now so afraid of being accused of brutality, they are hesitant to intervene.

Melissa Zen, the teacher in charge at Olomana, a public school at the facility, said a ward threatened her and came within inches of her face when he punched a wall but a guard did nothing to stop the boy. Zen asked the guard if he was waiting for the ward to hit her. "The answer was 'Yes, we're not allowed to touch the kids,' " she said.

Social workers said they complained to Agnew and Tufono-Iosefa about their safety, but were ignored. "I don't feel safe," said Lori Terakawa, a social worker at the facility for 15 years.

Melvea Hardy, another social worker, said complaints about inconsistent policies were also downplayed by the administration. "We've been told to get on the bus or find another job," she said.

Agnew acknowledges she made the comment but said it was part of a larger motivational tool to get the staff behind the changes at the facility. "If you want to move a team of people forward, you get the right people on the bus, or, if they don't want to be on the bus, tell them to get off the bus and go do something they want to do," she told reporters.

Some of the guards who testified said they feel overworked and urged lawmakers to add more staff to the facility. The facility has 63 guards, but some are on leave or are limited by medical or other reasons, forcing many into overtime. Guards also complained that administrators have adopted new guidelines that limit their discretion in the amount of force they can use to contain a ward, giving wards an advantage that reduces their ability to control the facility and keep other wards and the staff safe.

The guards said that some of the wards invent or exaggerate reported abuse and that some of the allegations by the Justice Department and ACLU have unfairly damaged their reputations. "I've bled on this job, but I'm still here," said Jose Ballina, a guard at the facility for 24 years.

The guards who testified also said they do not believe that Agnew and Tufono-Iosefa have the experience and leadership ability to run a correctional facility. "I think that vacuum of leadership still exists," said George Passmore, a guard and union steward.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.