IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
|THE UNITED STATES OF AMERICA, Plaintiff
COMMONWEALTH OF PUERTO RICO; The Honorable PEDRO ROSSELLO, Governor of Puerto Rico in his official capacity; THE JUVENILE INSTITUTIONS ADMINISTRATION; NYDIA COTTO VIVES, Secretary of Corrections and Rehabilitation in her official capacity; MIGUEL RIVERA, Administrator, Juvenile Institutions Administration; in his official capacity;
VICTOR FAJARDO, Secretary,
Department of Education, in
his official capacity;
JOSE A. FUENTES AGOSTINI,
Secretary, Department of
Justice for the Commonwealth
of Puerto Rico, in his
CARMEN L. RODRIGUEZ,
Secretary, Department of
Services to the Family
(formerly Social Services
Dept.), in her official
| CIVIL ACTION NO. 94-2080 (CC)
DR. CARMEN FELICIANO VDA. DE
MELECIO, Secretary of Health,
Department of Health, in her
DR. JOSE ACEVEDO MARTINEZ,
Administrator, Mental Health
and Anti-Addiction Services
Administration (formerly Anti-Addiction Services Dept.), in
his official capacity;
ANGEL VICTOR MARTINEZ,
Director, Cabo Rojo Industrial
School (also known as
Mayaguez) and Detention
Center, in his official
FRANCISCA APONTE, Director,
Ponce Central Training School,
in her official capacity;
ANGEL VAZQUEZ, Director, Ponce
Detention Center for Girls and
Ponce Industrial School for
Girls and Boys, in his
DANIEL VAZQUEZ TORRES,
Director, Guaynabo Training
School, in his official
JOSE SANTOS, Acting Director,
Central Metropolitan Training
School of Bayamón, in his
CIVIL ACTION NO. 94-2080 (CC)
Table of Contents
I. Introduction ..............................................4
III. New Construction..........................................8
IV. Capital Improvements to Existing Facilities..............12
V. Fire Safety..............................................12
VI. Policies and Procedures..................................15
VII. Staffing and Staff Training..............................16
IX. Basic Care...............................................18
X. Mental Health and Substance Abuse Care...................18
XI. Disciplinary System......................................22
XII. Protective Custody.......................................25
XIII. Education and Vocational Services - General Population...25
XIV. Education and Vocational Services - Juveniles with
XVI. Emergency Measures to Address Conditions at Bayamon......29
XVII. Construction, Implementation and Timing of Compliance....30
1. This agreement between the Commonwealth of Puerto Rico
and the United States, acting pursuant to the Civil Rights of
Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.,
addresses conditions in juvenile detention and training
facilities now or in the future operated by or on behalf of the
2. This Court has jurisdiction over this action pursuant to
28 U.S.C. § 1345.
3. The United States has standing to maintain this action
pursuant to 42 U.S.C. § 1997a.
4. The United States is authorized to institute this civil
action by 42 U.S.C. § 1997a and has met all the prerequisites for
the institution of this civil action prescribed by the statute.
5. Venue in the United States District Court for the
Commonwealth of Puerto Rico is proper pursuant to 28 U.S.C. § 1391.
6. Defendant COMMONWEALTH OF PUERTO RICO ("Commonwealth")
owns and operates the juvenile detention and training facilities
that are at issue in this action.
7. Defendant PEDRO J. ROSSELLO is the Governor of Puerto
Rico. The Governor of Puerto Rico, as chief of the executive
branch, has the duty to ensure that the heads of the
Commonwealth's governmental departments that compose the
Executive Branch of the Commonwealth of Puerto Rico guarantee the
constitutional and statutory rights of all of the citizens of
Puerto Rico, including the juveniles confined in the
Commonwealth's correctional facilities.
8. Defendant NYDIA COTTO VIVES, Secretary of the Department
of Corrections and Rehabilitation, was appointed by the Governor
to supervise, among other things, the operation of Defendant
JUVENILE INSTITUTIONS ADMINISTRATION ("AIJ").
9. Defendant MIGUEL RIVERA, Administrator of the AIJ, which
was created by Law 154, dated August 5, 1988, is responsible
together with the other Defendants in this case to provide and/or
guarantee, among other things, the administration of juvenile
facilities to rehabilitate and resocialize the juveniles confined
10. Defendant ANGEL VICTOR MARTINEZ is the Director of the
Cabo Rojo Industrial School, also known as Mayaguez ("Cabo Rojo
Industrial"), and the Cabo Rojo Detention Center ("Cabo Rojo")
and is responsible for the day-to-day operation of these
11. Defendant FRANCISCA APONTE is the Director of the Ponce
Central Training School ("Ponce CTS") and is responsible for the
day-to-day operation of this facility.
12. Defendant ANGEL VAZQUEZ is the Director of the Ponce
Detention Center for Girls ("Ponce Detention") and the Ponce
Industrial School for Girls and Boys ("Ponce Industrial") and is
responsible for the day-to-day operation of these two facilities. 13. Defendant DANIEL VAZQUEZ TORRES is the Director of the
Guaynabo Training School ("Guaynabo") and is responsible for the
day-to-day operation of this facility.
14. Defendant JOSE SANTOS is the Acting Director of the
Metropolitan Training School at Bayamón ("Bayamón") and is
responsible for the day-to-day operation of this facility.
15. The individual Defendants named in ¶¶ 7-14 above are
officers of the Executive Branch of the Commonwealth of Puerto
Rico and are sued in their official capacities.
16. The detention and training facilities that are at issue
in this case are institutions as that term is defined in 42
U.S.C. § 1997 (1)(A), (1)(B)(i) and (1)(B)(v).
17. Defendants are legally responsible, in whole or in
part, for the operation of and conditions at the Commonwealth
juvenile correctional facilities, as well as for the care and
treatment of the juveniles residing at those institutions.
18. At all relevant times, Defendants have acted under
color of state law.
19. Juveniles residing at the Commonwealth juvenile
correctional facilities include youths with special needs
including those with mental illness, mental retardation, and
other learning disabilities.
20. In February and October 1991, the Attorney General of
the United States, through the Assistant Attorney General, Civil
Rights Division, notified the Governor of the Commonwealth, the
Advisor on Public Safety, and the Directors of the facilities
that are at issue in this case of his intent to investigate
allegations of unconstitutional conditions in the facilities
pursuant to CRIPA.
21. Following a thorough investigation, in December 1992
and September 1994, the Attorney General of the United States, by
and through the Assistant Attorney General, Civil Rights
Division, notified the Governor of the Commonwealth, the Advisor
on Security Affairs, and the Directors of the facilities that are
at issue in this case that he had determined that juveniles
confined in the facilities were being subjected to conditions
that deprived them of rights, privileges and immunities secured
by the Constitution of the United States and by federal statutory
22. For purposes of this civil lawsuit only and in order to
settle this matter, Defendants agree and represent to the Court
that the prospective relief set forth in this agreement complies
in all respects with the provisions of 18 U.S.C. § 3626 (a)(1) &
23. This agreement shall be applicable to and binding upon
all of the parties and their officers, agents, employees, assigns
and successors. The Secretary for the Department of Justice for
the Commonwealth, as signatory to this agreement, is specifically
authorized to bind each of the Defendants and their successors to
the terms of this agreement.
24. The remedial provisions of this agreement shall be
applicable to and binding upon all present and future private
providers whose services are secured to implement this agreement,
as specified in ¶ 30.
25. The terms "juvenile" or "juveniles" shall refer to one
or more individuals detained at or otherwise confined at
residential facilities operated by or on behalf of the
Commonwealth as well as any facility that is built or renovated
to replace the existing facilities.
26. The term "detention" shall refer to the confinement of
a juvenile pending court action in a facility operated by or on
behalf of the Commonwealth.
27. The term "commitment" shall refer to the court's
transfer of custody to AIJ.
III. New Construction
28. Defendants agree to construct new facilities, remodel
existing facilities and to contract with private providers
consistent with the following AIJ Capital Development Plan. 29. Each new facility shall be built in accordance with:
(1) the American Correctional Association's (hereinafter "ACA")
standards in effect at the time of the construction; (2) the
Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213
and 47 U.S.C. §§ 225 and 611, and the regulations thereunder; and
(3) all Commonwealth fire codes and regulations.
30. Unless there is a showing of impossibility, an Act of
God, or other situations that reasonably prohibit compliance with
the following schedule, Defendants agree to build and renovate
the following facilities within the time periods indicated:
||A.I.J. Capital Development Plan
|Centro Metro Bayamón
|E.I. Ponce (f)
|E.I. Ponce (m)
|E.I. Cabo Rojo
|CTS Oeste (new)
|Ponce (1st Phase)
|CENA Río Grande
|P.R. Key (f)
|AIJ Group Homes
|Cabo Rojo (m)
|Anexo - Bayamón
|Ponce (2nd Phase)
|P.R. Key (f)
* Will close during f.y. to coincide with opening of Moca
** Will close as detention center during f.y. to coincide with
opening of Detention Este (Humacao).
IV. Capital Improvements to Existing Facilities
31. Existing facilities expected to be occupied by
juveniles beyond Fiscal Year 1996-1997 shall conform to
applicable federal, state and/or local building codes. Sleeping
areas in which juveniles are confined shall conform to 35 square
feet per one occupant. Toilets shall be provided at a minimum
ratio of one for every 12 juveniles in male facilities and one
for every eight juveniles in female facilities. Juveniles will
have access to operable wash basins with running water, to
operable showers, and to potable drinking water.
32. Defendants shall eliminate ventilation and acoustical
echoing problems at Centro Juvenile Metropolitano in Bayamón.
33. Defendants will ensure that ventilation and acoustical
systems provide healthful living and working conditions for
juveniles and staff in all facilities.
V. Fire Safety
34. In order to properly equip and swiftly evacuate the
facilities in the event of a fire or other emergency, in each
facility, Defendants shall provide sufficient staff with
appropriate keys to unlock exit doors in all buildings occupied
by juveniles. The keys shall be color coded and notched or
otherwise readily identifiable. Defendants shall also store a
backup set of emergency keys at a place accessible at all times
to staff on duty on all shifts.
35. Defendants agree that designated exit doors in all
facilities will be maintained in operable condition and shall be
readily unlocked in case of an emergency.
36. In each facility, Defendants must install and maintain
an emergency generator system in order to provide essential
lights, power and communication during emergencies.
37. AIJ policy shall ensure safety for juveniles and staff
by requiring compliance with fire safety code requirements.
Specific emergency plans shall be developed and copies made
available to staff members. There shall be ongoing training
programs and emergency procedures shall be reviewed and updated
38. A person having knowledge of the NFPA Life Safety Code
and of the requirements of the specific building and fire codes
for Puerto Rico will be designated as the Fire and Safety
Officer. This Fire Safety Officer will have the authority to
conduct monthly inspections of each facility for compliance with
safety and fire prevention requirements. The Fire and Safety
Officer shall prepare a monthly report of his findings and submit
the report to the Monitor. Defendants shall correct in a timely
manner any fire safety deficiency noted in the reports of the
Fire and Safety Officer. A staff member in each facility who has
received training in and is familiar with weekly inspection
procedures, including the use of checklists and methods of
documentation, will be appointed to work with the Fire and Safety
39. Each facility director shall develop written procedures
which include the requirements of the Life Safety Code, and the
Director shall ensure the existence of an emergency evacuation
plan that is approved by the Fire Safety Officer utilizing the
A. The Director or his/her designee shall be responsible
for scheduling fire drills. Fire drills shall be
conducted at least four times per year on each shift,
for a total of 12 fire drills per year per housing
unit. Prior notification of the drill shall be limited
so as to increase the drill's effectiveness.
B. The drill shall begin when the "fire" location is
established and not completed until all juveniles and
staff assigned to the location have been evacuated and
C. Fire drills shall include the evacuation of all
juveniles except when there is clear and convincing
evidence that institutional security would be
jeopardized. Upon such showing, evacuation during
drills is not required, although staff supervising such
juveniles are required to perform their roles/activity
in the drills.
D. When the building is clear, a population count shall be
E. When all are accounted for, staff and juveniles shall
return to their regularly assigned area.
F. The drill shall be timed to measure the effectiveness
and efficiency of the fire plan.
40. AIJ agrees to limit the use of electrical extension
cords by providing at least one duplex electrical receptacle for
each bed in the housing units. Where electrical extension cords
are used, the cords shall be free of damage and modifications.
41. Defendants agree to prohibit the use of electrical
appliances which are not maintained in accordance with
42. Defendants agree that all facilities shall prepare and
maintain incident reports that document each occurrence of a
fire. The reports shall contain the date and time of the fire, a
description of the fire, the probable cause of the fire, the
actions taken by staff in response to the fire, and the
corrective action taken by the facility in order to prevent
future similar occurrences.
43. With the exception of those facilities that will be
replaced, Defendants agree to provide sufficient space for
storage for each juvenile to store his or her clothes, reading
materials, etc., without compromising institutional security and
in a place of constant surveillance.
44. Defendants agree to provide mattresses constructed of
fire retardant materials.
VI. Policies and Procedures
45. Within one year of the approval of this agreement by
the Court, Defendants agree to provide an agency policy and
procedure manual governing all operational aspects of the
institutions. Within eighteen months of the approval of this
agreement by the Court, Defendants shall further insure that the
facilities are strictly operated within these policies and
procedures and that all staff have been trained accordingly.
46. All staff members must sign a statement indicating that
they have read and understood the manual. Defendants shall
review and update the manual annually.
47. Defendants shall draft a handbook advising juveniles of
their rights and of the rules of conduct applicable to
Commonwealth facilities. Defendants shall distribute the
handbook to every juvenile at intake. The handbook shall include
a section delineating proscribed conduct and the potential
sanctions for violations of rules.
VII. Staffing and Staff Training
48. Defendants shall ensure that the facilities have a
sufficient number of staff to implement all terms of this
agreement. A sufficient number of direct care staff means not
less than one (1) worker to eight (8) juveniles during day and
evening shifts and not less than one (1) worker to sixteen (16)
juveniles during normal sleeping hours. Direct care staff shall
supervise and participate in recreational, leisure and treatment
activities with the juveniles.
49. Direct care staff shall have at least forty (40) hours
of pre-service training before being given supervisory
responsibility for juveniles.
50. Defendants shall ensure that current and new facility
direct care staff are sufficiently well-trained to implement the
terms of this agreement. Each direct care staff, whether current
or new, shall receive at least forty (40) hours of training per
year by qualified personnel to include, but not be limited to,
the following areas: CPR (cardiopulmonary resuscitation);
recognition of and interaction with suicidal and/or self-mutilating juveniles; recognition of the symptoms of drug
withdrawal; administering medicine; recognizing the side-effects
of medications commonly administered at the facility; HIV related
issues; use-of-force regulations; strategies to manage juveniles'
inappropriate conduct; counseling techniques and communication
skills; use of positive reinforcement and praise; and fire
prevention and emergency procedures, including the fire
evacuation plan, the use of keys, and the use of fire
51. AIJ will develop and implement a curriculum that will
afford training sufficient to enable all staff to implement the
terms of this agreement.
52. At both the detention phase and following commitment,
Defendants shall establish objective methods to ensure that
juveniles are classified and placed in the least restrictive
placement possible, consistent with public safety. Defendants
shall validate objective methods within one year of their initial
use and once a year thereafter and revise, if necessary,
according to the findings of the validation process.
53. AIJ agrees that no juvenile under the age of 13 shall
be housed with juveniles aged 13 or older. AIJ agrees that no
juvenile aged 13 or older shall be housed with juveniles under 13
except where professionals recommend placement contrary to this
provision consistent with the best interests of the juvenile.
54. Juveniles being detained shall not be housed with
committed juveniles awaiting classification and evaluation.
Defendants shall develop plans for instituting Classification
Centers for the purpose of receiving, evaluating, and classifying
juveniles who have been committed to AIJ or who otherwise require
IX. Basic Care
55. Defendants shall provide each juvenile with a bed, a
mattress, a mattress cover, blankets and/or sheets, a pillow, a
pillowcase, and a towel. Defendants will provide juveniles with
clean clothes. All bedding, towels and clothes shall be cleaned
at least once per week.
56. Defendants shall provide each juvenile with an adequate
supply of non-caustic soap that does not cause skin irritation,
hair shampoo, toothbrushes, toothpaste, toilet paper, combs, and
razors for shaving.
57. Defendants shall ensure that all living areas,
including toilet facilities, are cleaned at least once a week.
58. Defendants shall repair any defective faucet, toilet,
shower, lavatory, water fountain, or lighting fixture within a
X. Mental Health and Substance Abuse Care
59. Defendants, specifically the Department of Health
(ASSMCA), shall provide an individualized treatment and
rehabilitation plan, including services provided by AIJ
psychiatrists, psychologists, and social workers, for each
juvenile with a substance abuse problem.
60. Defendants, specifically the Department of Health
(ASSMCA), shall provide training to treatment staff in each
facility concerning substance abuse prevention counseling.
Thereafter, facility treatment staff shall provide substance
abuse prevention counseling to all juveniles.
61. At each facility, Defendants, specifically the
Department of Health (ASSMCA), shall provide substance abuse
programs on site in coordination with AIJ.
62. In addition to the mental health staff required by ¶ 36
of the Consent Order approved by the Court in this case in
October 1994, Defendants shall provide ambulatory psychiatric
services by a team. This team shall be composed of a child
psychiatrist, a child psychologist and a social work counselor.
All mental health care personnel shall have written job
descriptions and meet applicable Commonwealth licensure and/or
certification requirements. Defendants, specifically AIJ, will
provide for residential treatment and, if needed, in-patient
hospitalization for those cases where such service is needed.
63. For each juvenile who expresses suicidal or self-mutilating ideation or intent while incarcerated, staff shall
immediately inform a member of the health care staff. Health
care staff shall immediately complete a mental health screening
to include suicide or self-mutilation ideation for the juvenile.
For each juvenile for whom the screening indicates active
suicidal or self-mutilating intent, a psychiatrist shall
immediately examine the juvenile. The juvenile, if ever
isolated, shall be under constant watch. Defendants shall
develop written policies and procedures to reduce the risk of
suicidal behavior by providing screening for all juveniles at all
points of entry or re-entry to AIJ's facilities and/or programs
and by providing mechanisms for the assessment, monitoring,
intervention and referral of juveniles who have been identified
as representing a potential risk of severe harm to themselves.
Treatment will be provided consistent with accepted professional
64. All staff who come into contact with juveniles shall be
trained by a licensed mental health professional or suicide
prevention expert. Such training shall include, but not be
limited to, training in the proper response to a suicide attempt,
including cutting techniques on hanging victims and other first
65. Defendants, specifically AIJ, shall purchase and
maintain in an area easily accessible to all living quarters
appropriate rescue equipment or any other equipment deemed
appropriate to ensure that staff can effectively intervene in an
66. An AIJ child and/or adolescent psychiatrist shall
develop a protocol for the use of psychotropic medication by
other physicians. A training program will complement this
protocol. A child and/or adolescent psychiatrist will be
available on an on-call basis at all times.
67. Defendants shall obtain specific informed consent from
a juvenile's parent or legal guardian or from the state court for
the use of psychotropic medication for each juvenile on such
medication. All psychotropic medications will be prescribed by a
licensed psychiatrist and/or physician. All psychotropic
medication will be reviewed and approved by an AIJ child
psychiatrist. In all cases, the family of any juvenile taking
psychotropic medication will be informed in writing by the
family's case manager.
68. Defendants shall make arrangements for EKGs to be done
for juveniles who will be taking tricyclic antidepressants.
69. Defendants, specifically AIJ, shall train all nursing
personnel regarding the use of psychotropics, including: side
effects of psychotropic medications; target symptoms; specific
medical testing for follow-up; and the use of instruments to
evaluate muscle movement side effects of psychotropics.
70. The AIMS instrument shall be completed at least once
every six (6) months for each juvenile taking psychotropic
71. Stimulants, tranquilizers, and psychopharmacological
drugs shall only be used as deemed medically necessary and shall
not be administered for punishment.
72. All juveniles receiving emergency psychotropic
medication shall be seen at least once during each of the next
three shifts by a nurse and within twenty-four (24) hours by a
physician to reassess their mental status and medication side
effects. Nurses and doctors shall document their findings
regarding adverse side effects in the juvenile's medical record.
If the juvenile's condition is deteriorating, a psychiatrist
shall be immediately notified.
73. Defendants, specifically AIJ, shall design a program
that promotes behavior modification by emphasizing positive
reinforcement techniques. Defendants, specifically AIJ, shall
provide all juveniles with an individualized treatment plan
identifying each juvenile's problems, including medical needs,
and establishing individual therapeutic goals for the juvenile
and providing for group and/or individual counseling addressing
the problems identified. Defendants, specifically AIJ, shall
implement all individualized treatment plans.
XI. Disciplinary System
74. Defendants shall specify the rules of the facilities
with a complete list of possible punishments for violations of
such rules in the handbook described in ¶ 47 above. Written
notice of any rule violation, a hearing before a facility staff
person not involved in the investigation of the violation, and an
appeal to the facility director shall be provided to a juvenile
prior to any punishment being imposed, except that Defendants may
administratively segregate a juvenile in emergency or life-threatening situations. In the event of an emergency, when
circumstances make it inappropriate to hold a hearing prior to
segregation, a hearing shall take place within forty-eight (48)
hours from the time of segregation.
75. The handbook described in ¶ 47 above shall include a
description of the grievance process. Grievance decisions that
are appealed by the juvenile beyond the facility shall be
reviewed by Defendant Director of the AIJ or his or her designee.
76. The terms of this agreement relating to safety,
crowding, health, hygiene, food, education, recreation and access
to courts shall not be revoked or limited for any juvenile for
77. No corporal punishment shall be imposed on any
juvenile. The use of physical force by staff shall be limited to
instances of justifiable self-defense, protection of others, and
prevention of escapes. Defendants agree that under no
circumstances shall restraints be used as a form of punishment.
In cases where restraints are necessary to prevent a juvenile
from causing serious bodily harm to himself or to another, the
facility director or his/her designee must approve the use of
restraints before they are applied.
78. Defendants shall take prompt administrative action in
response to allegations of abuse and mistreatment. An incident
report shall be prepared for each allegation of physical or
mental abuse, including juvenile on juvenile assaults, staff on
juvenile abuse, and excessive use of force by staff, within 24
hours of the incident. A copy of each incident report together
with the preliminary investigation prepared by the Police
Department and/or AIJ shall be forwarded to Defendant Department
of Justice, where the allegations shall be investigated and a
final report shall be made in 30 days. In addition, a copy of
each incident report alleging physical or mental abuse by staff
or excessive use of force by staff together with the preliminary
investigation prepared by the Police Department and/or the AIJ,
shall be forwarded to Defendant Department of Social Services.
79. Juveniles shall be placed in isolation only when the
juvenile poses a serious and immediate physical danger to himself
or others and only after less restrictive methods of restraint
have failed. Isolation cells shall be suicide resistant.
Isolation may be imposed only with the approval of the facility
director or acting facility director. Any juvenile placed in
isolation shall be afforded living conditions approximating those
available to the general juvenile population. Except as provided
in ¶ 91 of this agreement, juveniles in isolation shall be
visually checked by staff at least every fifteen (15) minutes and
the exact time of the check must be recorded each time.
Juveniles in isolation shall be seen by a masters level social
worker within three (3) hours of being placed in isolation.
Juveniles in isolation shall be seen by a psychologist within
eight (8) hours of being placed in isolation and every twenty-four (24) hours thereafter to assess the further need of
isolation. Juveniles in isolation shall be seen by his/her case
manager as soon as possible and at least once every twenty-four
(24) hours thereafter. A log shall be kept which contains daily
entries on each juvenile in isolation, including the date and
time of placement in isolation, who authorized the isolation, the
name of the person(s) visiting the juvenile, the frequency of the
checks by all staff, the juvenile's behavior at the time of the
check, the person authorizing the release from isolation, and the
time and date of the release. Juveniles shall be released from
isolation as soon as the juvenile no longer poses a serious and
immediate danger to himself or others.
XII. Protective Custody
80. The terms of this agreement relating to safety,
crowding, health, hygiene, food, education, recreation and access
to courts shall not be revoked or limited for any juvenile in
XIII. Educational and Vocational Services - General Population
81. Defendants, specifically the Department of Education,
shall provide academic and/or vocational education services to
all juveniles confined in any facility for two weeks or more,
equivalent to the number of hours the juveniles would have
received within the public education system. Specifically, this
education shall be provided 5 (five) days per week, 6 (six) hours
per day, 10 (ten) months per year. AIJ shall provide adequate
instructional materials and space for educational services.
Defendants shall employ an adequate number of qualified and
experienced teachers to provide these services.
82. Within five (5) business days of a juvenile's placement
in a detention center or training school, Defendants shall assess
the juvenile's educational achievements to date and identify the
educational needs of the juvenile.
83. Using the information obtained in the assessment
required in ¶ 82, Defendants shall develop and implement an
educational plan for each juvenile. The educational plan shall
include meaningful and specific educational and vocational goals
as well as educational problems, if any have been identified.
Educational plans shall be kept in the juvenile's record at each
84. The educational plans required by ¶ 83 shall be
reviewed and revised, if appropriate, at least twice a year by
85. Defendants shall provide reading materials in
designated areas of each living unit.
XIV. Education and Vocational Services - Juveniles with
86. Defendants, specifically the Department of Education,
shall abide by all mandatory requirements and time frames set
forth under the Individuals with Disabilities Education Act, 20
USC §§ 1401 et seq. Defendants shall screen juveniles for
physical and learning disabilities. The screening shall include
questions about whether the juvenile has been previously
identified by the public school system as having an educational
disability, previous educational history, and a sufficient
medical review to determine whether certain educational
disabilities are present, such as hearing impairments, including
deafness, speech or language impairments, visual impairments,
including blindness, mental retardation, or serious emotional
disturbances adversely affecting educational performance.
87. If a juvenile has been previously identified as having
an educational disability, Defendants shall immediately request
that the appropriate school district provide a copy of the
juvenile's individualized education plan ("IEP"). Defendants
shall assess the adequacy of the juvenile's IEP and either
implement it as written if it is an adequate plan or, if the IEP
is inadequate, rewrite the plan to make it adequate, and then
implement the revised IEP.
88. If the juvenile has not been previously identified as
having an educational disability, but indications of such a
disability exist, an adequate evaluation must be performed within
the time limits prescribed by federal law. The Commonwealth
shall use only professionally accepted tests to complete the
evaluation. The evaluation shall include a complete
psychological battery and intellectual achievement tests. A copy
of this educational evaluation shall be kept in the juvenile's
record at the facility.
89. If a juvenile referred for an evaluation pursuant to
the above paragraph is discharged from the system before the
evaluation is complete, Defendants shall forward all information
regarding screenings and evaluations completed to date, noting
what evaluations are yet to be performed, to the juvenile's
receiving school district.
90. Defendants shall provide appropriate services for
juveniles eligible for special education and related services.
Defendants shall provide each such juvenile with educational
instruction specially designed to meet the unique needs of the
juvenile, supported by such services as are necessary to permit
the juvenile to benefit from the instruction. Defendants shall
coordinate such individualized educational services with regular
education programs and activities.
91. Qualified professionals shall develop and implement an
IEP reasonably calculated to provide educational benefits for
every juvenile identified as having a disability. When
appropriate, the IEP shall include a vocational component.
92. All juveniles 18 years old or older shall be permitted
to participate in the development of the IEP. Juveniles under
age 18 have a right to have a parent present during the
development of the IEP. If a parent is unwilling or unable to
attend, Defendants shall appoint a surrogate parent trained in
the relevant provisions of federal and state law to participate
in the development of the IEP. Appointed surrogate parents may
not be employees of any public agency involved in the education
or care of the juvenile. All juveniles, parents, and surrogate
parents shall be informed that they have the right to challenge
93. Services provided pursuant to IEPs shall be provided
year round. Defendants shall ensure that juveniles with
educational disabilities receive a full day of instruction five
(5) days a week.
94. Juveniles shall not be excluded from services to be
provided pursuant to IEPs based on a propensity for violence or
self-inflicted harm or based on vulnerability. Juveniles in
isolation or other disciplinary settings have a right to special
education. If required for institutional security, services
provided pursuant to IEPs may be provided in settings other than
95. When an IEP is ineffective, Defendants shall timely
modify the IEP.
96. Defendants shall employ one full time Recreation
Facilitator at each detention and training school. The
Recreation Facilitator shall plan and implement a comprehensive
recreation program during non-school waking hours.
97. Defendants shall provide adequate educational and
recreational material in designated areas housing the general
XVI. Emergency Measures to Address Conditions at Bayamon
98. Based upon recent events at Bayamon, additional steps
are needed to ensure the safety of the juveniles confined at that
facility. Defendants agree that they will ensure the safety of
the juveniles confined at Bayamon by no later than July 15, 1997.
Among the measures that Defendants may take to ensure the safety
of the juveniles is to contract with a private provider to
establish safe conditions at the facility. Defendants further
agree to establish monitoring mechanisms to ensure that the
private provider is taking all necessary actions to protect the
juveniles confined at Bayamon from harm and to comply with the
provisions of this agreement. In the event that the private
provider is not ensuring the safety of the juveniles, Defendants
agree to take immediate steps to protect the juveniles at Bayamon
XVII. Construction, Implementation, and Timing of Compliance
99. This agreement shall take effect on the date of its
approval by the Court. Except where otherwise specifically
indicated, Defendants shall implement all provisions of this
agreement within 180 days of its approval by the Court.
100. Mr. Orlando Martinez, or in the event that he is
unavailable, another person jointly selected by the parties, or
if they cannot agree, the Court, will act as the Monitor to
oversee Defendants' compliance with the provisions of this
agreement. Fees for services rendered will be borne by
Defendants. The Monitor shall execute the following duties:
A. He will provide a written report to the Court and to
the parties within 30 days after the agreement is
approved by the Court.
B. Thereafter, the Monitor shall report to the Court and
the parties every ninety (90) days unless otherwise
directed by the Court. This report shall include the
precise steps Defendants have taken to implement this
agreement and evaluate the extent to which Defendants,
in fact, have complied with the requirements of this
C. The Monitor and his assistants shall not be empowered
to direct Defendants or any of their subordinates to
take or to refrain from taking specific action to
D. The duties of the Monitor will be to observe, find
facts, report and/or testify as to his findings. He
will also assist Defendants in any manner, even by
conferring informally with Defendants and their
subordinates on matters affecting compliance.
E. The Monitor and his assistants shall have access to all
facilities and programs operated by or on behalf of the
Commonwealth as well as any facility that is built,
renovated or contracted with in order to implement the
provisions of this agreement.
F. Defendants shall provide the Monitor and his assistants
access to records, files and papers related to
compliance with the provisions of this agreement. Such
access shall include, but not be limited to,
departmental, institutional, and juvenile records,
including but not limited to medical and mental health
records. These records shall be not disclosed to
parties other than the United States in order to
protect the confidentiality of such records.
G. The Monitor may conduct confidential interviews with
staff members and employees of AIJ as well as staff of
private programs contracted with in order to implement
this agreement. Before interviewing Defendants Cotto
Vives, Fajardo, Fuentes, or Feliciano Vda. de Melecio,
the Monitor must notify them prior to his interview.
In addition, he may engage in informal conferences with
such staff members and employees. AIJ must promulgate
to their employees a policy of cooperation to all
inquiries made by the Monitor or his staff in
compliance with his duties.
H. The Monitor or his staff may conduct confidential
interviews and meetings with any confined juvenile or
group of juveniles. These meetings, however, must be
held at the institution where the juvenile is confined.
I. The Monitor may attend release hearings or any formal
institutional meeting or proceeding at any institution
J. The Monitor, with 30 days notice, may require written
reports from Defendants regarding compliance with this
K. Any report prepared by the Monitor or his assistants
shall be submitted to the parties in draft form with
time limitations for the parties to informally comment
on the reports.
L. After the Monitor files a report with the Court, any
party may file written objections to the report within
fifteen days of receipt of the same unless they have
already informally objected to the findings before.
The objection shall note each particular finding or
recommendation to which objection is made. Any party,
however, upon receipt of the report may request a
hearing with the Court.
101. Defendants shall keep sufficient records to document
compliance with this agreement.
102. Upon reasonable notice to counsel for Defendants, the
United States shall have access to all staff, juveniles,
facilities, programs and documents related to the implementation
of this agreement.
103. To ensure that the plans and provisions of this
agreement are properly and timely implemented, the Court shall
retain jurisdiction of this action for all purposes during the
lifetime of this agreement and until such time as the
Commonwealth has fully and faithfully implemented all
requirements of the agreement and such full compliance has been
maintained for one year. At such time as the Commonwealth has
determined that it is in full and faithful compliance with the
agreement and that full compliance has been maintained for no
less than one year, the Commonwealth shall advise the United
States in writing. Thereafter, the parties shall promptly confer
as to status of compliance. If, after a reasonable period of
consultation and the completion of any evaluation the United
States may wish to undertake, including tours of the facilities
and programs, the parties cannot resolve any compliance issues,
the Commonwealth may file a motion to dismiss. If the
Commonwealth moves for dismissal of this agreement, the United
States will have an adequate time after the receipt of the
Commonwealth's motion to object to the motion. If the United
States does not object, the Court may grant the Commonwealth's
motion. If the United States does make an objection, the Court
shall hold a hearing on the motion and the burden shall be on the
Commonwealth to demonstrate that it has fully and faithfully
implemented all provisions of this agreement and maintained such
compliance for at least one year.
104. This agreement incorporates by reference ¶¶ 28-36 and
¶¶ 38-46 of the Consent Order signed by the parties and entered
as an Order in October 1994. The parties will be bound by the
provisions of this agreement and by ¶¶ 28-36 and ¶¶ 38-46 of the
October 1994 Consent Order.
105. Defendants shall immediately explain the terms of this
agreement to all persons connected with the facilities.
Defendants shall translate this agreement into Spanish. All
facility staff and other individuals providing services required
by this agreement shall sign a statement indicating that they
have read and understand this agreement. Such statement shall be
retained by the Defendants. Defendants shall require compliance
with this agreement by their respective employees, agencies,
assigns, or successors.
106. In each living area in each facility, Defendants shall
provide continuous notice of this agreement's terms to all
juveniles by posting, within ten (10) days of the signing of this
agreement and continuously thereafter, a copy of the translated
agreement in a place within easy access to all juveniles, such as
a common dayroom area. In addition to the general posting of
this agreement, the handbook described herein shall advise
juveniles that the facilities are being operated under the terms
and conditions of an agreement approved and enforceable by the
United States District Court for the Commonwealth of Puerto Rico,
and that upon request, any juvenile will be afforded a copy of
the complete agreement.
107. The United States acknowledges the good faith of the
Government of Puerto Rico in trying to address the remedial
measures needed for the improvement of the juvenile system as a
whole in Puerto Rico. The United States, however, reserves its
right to seek enforcement of the provisions of this agreement if
it determines that Defendants have failed to fully comply with
any provision of this agreement. The United States agrees to
consult with officials from the government of Puerto Rico before
instituting enforcement proceedings.
CONSENTED TO BY THE UNDERSIGNED:
FOR THE DEFENDANTS: FOR THE PLAINTIFF:
JOSE A. FUENTES AGOSTINI ISABELLE KATZ PINZLER
Secretary Acting Assistant Attorney
Department of Justice for General
the Commonwealth Civil Rights Division
NYDIA COTTO VIVES STEVEN H. ROSENBAUM
Department of Corrections Special Litigation Section
and Rehabilitation Civil Rights Division
MIGUEL RIVERA ROBINSUE FROHBOESE
Director Deputy Chief
Juvenile Institutions Special Litigation Section
Administration Civil Rights Division
VICTOR R. FAJARDO JUDITH C. PRESTON
Secretary Senior Trial Attorney
Department of Education Special Litigation Section
Civil Rights Division
U.S. Department of Justice
CARMEN FELICIANO VDA. DE MELECIO
Department of Health