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Examining the Liability Issues of Suicides in Juvenile Detention Facilities

NCJ Number
167147
Journal
Journal for Juvenile Justice and Detention Services Volume: 12 Issue: 1 Dated: (Spring 1997) Pages: 24-29
Author(s)
D L Ross
Date Published
1997
Length
6 pages
Annotation
This article analyzes liability for negligence in failing to prevent suicides in juvenile detention facilities; standards of liability under State tort law are discussed, and policy recommendations are presented.
Abstract
It is evident that juvenile detention staff have a broad range of custodial care over the youths in their care. A review of State tort actions shows that negligence can arise when staff fail to provide a level of care owed to youths in their charge, and a "special duty" emerges in those instances that are foreseeable. When these conditions exist, staff are required to take special precautions to prevent suicides. Administrators and detention personnel must take a proactive stance in reducing the risk of suicide in their facilities. Detention administrators and staff should adopt a suicidal plan that complies with State standards and incorporates certain features. The suicidal policy/plan should direct staff in their responsibilities for intervention with youth, from reception through the duration of the juveniles' confinement. Training should be developed and provided for staff in the areas of policy and the screening instrument. Further, protocol should be established for properly classifying youth into various types of housing while incarcerated; and operational plans should be developed to guide staff in responding to a suicidal attempt or a completed suicide. 9 references and 8 cases cited

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