ORANGE COUNTY PERSPECTIVE : Getting on Juvenile Hall’s Case

A lawyer for Orange County was quick to label a decision Wednesday on the treatment of youngsters confined at Juvenile Hall as “a vindication of our staff.” Not so fast. The judge’s decision was sound and sensible, but it was no vindication.

Superior Court Judge Linda H. McLaughlin imposed strict new guidelines on the county facility for troubled youngsters. The whole tone of her 49-page decision was one of grave concern about past procedures.

It is true McLaughlin did not outlaw putting juveniles who become unmanageable in a “rubber room” or tying them down to a bed if their behavior was dangerous to themselves or others. But the decision in no way endorsed business as usual.

McLaughlin concluded after five weeks of testimony that the Juvenile Hall staff was “not trained or qualified to make the decision to tie down a minor or confine a minor to the rubber/safety room.” That, she said, could only be done by a psychiatrist trained in evaluating the physical and psychological safety of the minor.

In a “clear emergency,” when one was unavailable, the decision could be made by duty officers who had been certified by a psychiatrist as trained and qualified to make such a call. McLaughlin also said review policies should be instituted. That the county voluntarily agreed in mid-trial to switch to fleece-lined leather cuffs for restraints showed it already was getting a message it needed to hear.

While Judge McLaughlin’s ruling fell short of outlawing tie-downs and rubber rooms altogether, it should serve as a sobering reminder they can be used only when absolutely necessary and under adequate guidelines and review.

McLaughlin indicated that she is aware of the potential for violence by these very troubled young offenders. But they also must be dealt with humanely. The decision introduced important controls, and sent a message that not only must the county be on watch, but that the court is on the watch, too.