No beds: Juvenile sent to Arkansas as officials speak of urgent need

Jan. 19—TRAVERSE CITY — A juvenile in court-ordered detention was sent to Arkansas because of the lack of a bed anywhere in Michigan, let alone the northern region of the state.

The youth was hours away where there were no family members to participate in their treatment, said the Honorable Jennifer L. Whitten, probate and family court judge in Grand Traverse County.

"As you can imagine, it's not ideal to take a young person out of their community and place them out of state for treatment," Whitten said. "But that was the only option I had."

About 32 beds are needed in a facility run by 13th Circuit Court to provide short-term detention and residential treatment. Such a facility has an estimated price tag of $20 million to $25 million.

Whitten said that as soon as she took the bench in March it became very clear to her that the lack of beds was a serious issue.

"There are no open beds for juveniles for treatment or even short-term detention stays," Whitten told county commissioners at their meeting Wednesday.

When there are beds available, they are downstate, she said.

The county spent about $500,000 in 2022 to place kids out of the county or state, Whitten said. About 20 to 30 kids were placed last year at an average cost of $350 per day, per youth.

"We could have sent double that but we didn't have anywhere to put them," said Kristyn Brendel, family court administrator.

The issue has been a problem for a long time and was exacerbated by the Raise the Age legislation that changed the age of juvenile court jurisdiction from 17 to 18. It has been in effect since October 2021.

Whitten said she has had to place a couple of youths in the county jail to keep them safe from themselves and from the community.

"It really is a crisis," Whitten said, with almost every probate judge in state agreeing. Those that don't agree have their own court-run facilities with space for their own youths, with leftover space rented to other counties.

That's not ideal, she said, as one youth who was placed in Kalamazoo was sent back to the county because the bed was needed.

"This is a problem that is extremely frustrating," said Commissioner Darryl V. Nelson.

About 90 percent of youths in the criminal justice system also have a mental health diagnosis, with some requiring up to six months of residential treatment. Others require secure detainment and others day treatment. To have a facility deliver all types of detention is ideal, Whitten said.

The building should look more like a school than a jail, with a lot of light.

"If you put kids in cold, jail-like facilities it's not conducive to rehabilitation," Whitten said.

The juvenile center should not be confused with a community effort to create a center that would house a crisis stabilization unit and residential beds for young people. Only those who are in the juvenile justice system would be housed in the facility.

It would be an investment, but would keep young people in the area, as well as have space to rent out to other counties, which would bring in revenue.

The plan is supported by Leelanau County Probate/Family Division Judge Marion Kromkowski, by the Grand Traverse Band of Ottawa and Chippewa Indian Tribal Court, and by law enforcement personnel who find they must take young people to emergency rooms or jail.

"The sheriff's office completely supports this endeavor," said Undersheriff Mike Shea, who has been working with Whitten and others to get a facility in GTC. "We don't have the ability to fulfill all the requirements and needs of these juveniles when they are being detained. The schooling, the mental health, we do the best we can, but the jail is not meant to be a treatment center."

When a person under 18 is sent to jail they have to be separated from the adult population. Twice last year that meant closing an entire wing to house one juvenile, Shea said.

Whitten has spoken to state legislators who are supportive of a county facility and indicated there may be funds available. As of November there was about $3.6 billion in unspent American Rescue Plan Act funds in state coffers, according to the Institute for Public Policy and Social Research.

Facilities in Genesee and Midland counties, which are fairly new, are being looked at for best practices, what size it should be, what kind of architects should be used and more, Whitten said.

Staffing for such facilities is a problem, she said. But some county-run programs are doing it successfully by creating a positive culture and paying well.

"You can't run a juvenile facility and pay minimal wage to people with no experience and expect the doors to stay open," Whitten said.

County Administrator Nate Alger said the county is getting ready to hire a consultant to look at ways to consolidate services and to place certain departments under one roof. One of the areas to be looked at is the court system, with the effort ultimately culminating in a bond initiative to build and renovate, he said.

It would also be efficient if the juvenile facility and the mental health center shared social workers and other staff, he said.

"This is something we have serious interest in and we are going to be working with our consultant," Alger said.