New sex assault allegation emerges from Wayne County juvenile jail
State records reveal just how dangerous Wayne County's juvenile jail remained for youths in recent months despite increased state oversight, with one child beaten so badly by other residents that he was hospitalized and a scan found blood on his brain. Another reported he was sexually assaulted in a medical room closet.
It's the second report of a sexual assault to emerge publicly this year at the Wayne County Juvenile Detention Center in Hamtramck, which has struggled to improve conditions described by critics as deplorable and inhumane.
Police still are investigating the possible March sexual assault of a 12-year-old boy by other youths in the facility.
The two more recent incidents — the beating in May and the second alleged sexual assault in June — were investigated this summer by Michigan Department of Health and Human Services officials, which oversees the facility's license.
The state found repeat violations of how staff supervised youths and that an employee delayed telling his managers about the possible sexual assault because it was a "rumor," even though the youth involved told him what happened, according to the MDHHS investigations reviewed by the Free Press.
State licensing staff also found a slew of other violations this spring detailed in a report posted online Tuesday that recommends the facility be put on a first provisional license for six months.
The process could eventually lead to the juvenile jail losing its state license after a third provisional license. A state official said it couldn't operate without a license.
Leaders at MDHHS haven't acted on the provisional license recommendation yet, with a spokesman saying that the county is working with the state to "address concerns identified in this investigation."
"No decision on the recommendation has been made because the Department is doing its due diligence on ongoing investigations at (the juvenile jail) before finalizing its decision," spokesman Bob Wheaton wrote in an email to the Free Press.
"MDHHS does not compromise on child safety and will continue to support the safety of youth in detention."
There were 28 open state licensing investigations at the juvenile jail as of last week.
County officials said they could not comment on the latest alleged sex assault or the beating because of ongoing investigations.
But county spokeswoman Megan Kirk said that no youth received "a diagnosis of bleeding on the brain," despite the hospital scan results mentioned in documents as part of the state investigation. The age of the youth who reported he was sexually assaulted wasn't publicly released.
A state monitor is on-site around the clock at the facility.
The state monitoring started after the March alleged sex assault. The state pulled its employees out of the facility for about two weeks in early June because it said conditions had improved. But it sent them back June 20 in response to another incident, which officials would not disclose to the Free Press.
"(The facility) participates in regular (corrective action plan) reviews with the State and remains compliant per their recommendations," Kirk wrote in an email Monday.
The state investigation posted online on Tuesday confirms much of what the Free Press has been reporting for more than a year about deteriorating conditions in the facility.
The investigation this spring found feces-covered rooms, a shortage of basic hygiene products like toothpaste, youths without bed sheets or clean clothes, and a lack of regular showers, recreation time and schooling.
There was no documentation in February that a youth received his mental health medication for seven days; he alleged he hadn't received it in three weeks.
Health assessments were performed late, in one case five months after admission. They are supposed to happen in 24 hours.
And a boy lost 50 pounds during his confinement after he refused to eat. He was hospitalized in December 2022. He was 5 feet 5 inches tall and weighed 170 pounds when he was admitted to the juvenile jail in July 2022. His psychiatrist reported he was depressed and "hopeless."
The state staff also found the facility was in violation because Melissa Fernandez, the county's director of Juvenile and Youth Services, had not performed responsibilities as the chief administrator when it came to day-to-day operations and "ensuring compliance" with licensing rules.
"(Fernandez) reported she was unaware of the multiple issues that her facility was having, although she reported that she walks through the facility daily," the state report reads.
"(Fernandez) has not been inserting herself into her role completely and by her own admission, she has not felt responsible to perform the role or take responsibility for the role."
Fernandez told state investigators she doesn't believe she is the chief administrator for the day-to-day operations, even though her name is on the facility license and she signs the state corrective action plans that the county agrees to follow.
A call to Fernandez and a county spokeswoman Tuesday morning wasn't returned.
MDHHS denied a Free Press Freedom of Information Act request for its investigation on Monday because it stated it was a "disclosure of which would interfere with law enforcement proceedings" but posted it online a day later.
Beating causes trip to hospital
Cary McGehee, an attorney for the 12-year-old boy's family, calls the new sexual assault allegation and the beating tragic, but predictable.
“This whole situation is just so disgraceful,” said McGehee. "The circumstances that happened most recently are just like deja vu all over again.
"Staff is not properly trained, or disciplined, and these rooms are not locked. They are perfect areas for kids to go in and engage in misconduct and nobody's watching."
McGehee filed court papers in September saying the 12-year-old boy's mother plans to sue the state in part for violating her son's civil rights, gross negligence and doing nothing to prevent the "cruel and unusual treatment of minors." Wheaton, the state spokesman, would not comment on the possible litigation.
The crisis at the juvenile jail came to a flashpoint in March when county officials said Michigan State Police were investigating the alleged sexual and physical assault.
The Free Press has documented the dangerous conditions at the county-run facility, including that youths were locked in rooms for long periods.
Wayne County Executive Warren Evans has primarily blamed a severe statewide shortage of places to send children from the jail who have been ordered by judges into treatment, causing overcrowding compounded by staffing shortages. Many youths have been waiting for a transfer for months after their cases were adjudicated.
As of Monday, the facility had 114 youths. Of those, 35 have cases that were already adjudicated, Kirk said.
The state currently allows the facility to bend lockdown and staffing rules because of the overcrowding and staffing shortages. That includes allowing a staff-to-resident ratio of 1 to 20 during the day, instead of the 1 to 10 normally required.
Elizabeth Hertel, director of the MDHHS, in part cited "inadequate supervision" for the continued additional around-the-clock oversight after the March incident.
A state monitor was on-site during the May 31 fight where a youth was beaten so badly by four other residents that he was hospitalized with a head injury, according to an MDHHS investigation.
The boy said the residents pummeled him inside an empty bedroom after they warned him to give up his snack and dinner. A county incident report said "that the other boys gave him the choice of getting hit in the face where he stood or go in the room."
"Youth A states he blacked out and recalls waking up at a table on the unit with Supervisor 1 before being taken to the medical area in a wheelchair," the investigator wrote after interviewing the victim.
One of the youths who beat him thought he was dead, according to the report.
A logbook entry from facility staff the day prior notes the juvenile told an employee that other residents were threatening to take his food. And a staffer told investigators that the bedroom door "had previously broke and could not be secured."
The state cited the facility for two violations, noting staff "did not coordinate all activities of the residents so that visible contact is maintained, and the actions of the residents are always known, per facility policy."
The violations require the facility to produce a corrective action plan that includes steps for preventing future problems.
The injured youth's condition today is not clear although the report said he returned to the facility after his hospital stay. State and county officials declined to comment, citing privacy laws. And juvenile court records are shielded from public view, making it difficult for the Free Press to try to track down the youth's family to find out.
Staffer fired after alleged sex assault
State monitors were no longer on site June 12 when the alleged sexual assault occurred in a closet in an unlocked medical room.
That's because by June 5 state officials found conditions had improved so much they weren't needed.
Dr. Abdul El-Sayed, director of the county's Department of Health, Human and Veteran Services, also lifted a rare public health emergency order he instituted, which helped it immediately increase pay to hire and retain more staff.
At the time, El-Sayed said the county opened up additional living areas, called pods, to boost safety, the state helped place more than 40 youths in other facilities, including in nearby counties, and more treatment options were added.
But the state would find a lack of supervision was still a problem in the June 12 alleged assault.
A youth told state investigators that another resident told him to go into an unlocked room and that staff didn't notice them. He said he had been bullied by the other resident and fought with him over snacks. He said he was forced to have sex with the other youth, according to his interview with the state investigator.
Video surveillance confirms the two were in the medical room together alone for about six minutes before a staffer found them in the closet with the door closed.
"Staff Person 1 reports he ordered Youth A and B out of the room, following which Youth A reported the alleged sexual assault to him," the state investigator wrote about his interview with the employee. "Staff Person 1 reported that he did not report the allegations to any supervisor, as he had no proof and considered the allegations a 'rumor.' "
That staffer told investigators that the youth told him he "wanted the sexual attention from Youth B." Two other county incident reports from that day conflict: One says the youth reported he was forced to engage in a sexual act and the other says the youth said it was "consensual."
The other youth denied being in the medical room and said he didn't have sexual contact with any resident, according to the state investigators' interview.
The Wayne County Sheriff's Office is investigating the possible assault.
The county fired the staffer the day after the incident, according to the state report. The state cited the facility for a rules violation, saying, "Staff did not appropriately supervise residents resulting in sexual contact between two youth."
MDHHS sent monitors back in on June 20 “out of an abundance of caution” after being alerted to an incident they said was under investigation by the state but would not say what happened.
Repeated violations continue
Other recent state investigations into April incidents show the facility dinged with more violations, including two staff members who were found sleeping, one for six hours in a classroom with the lights off, according to video surveillance and interviews with other staff.
Also, logbooks designed to document all events every half-hour, like showers and recreation time, were not filled out by staff in one unit for most of March.
And there were unapproved sliding locks placed on the bottom of bedroom doors with plastic spoons and a toothbrush used to keep them in place, according to another state report.
In a state license renewal inspection report completed late last month, several staff and youths were interviewed by investigators. Three juveniles said they felt safe and were showering every other day. But three of four staff members reported "feeling overwhelmed with limited support from management."
"One staff reported that the direct care staff feel ill equipped to safely supervise the youth, stating that there is a culture of 'no consequences' for the youth and they do not have resources from management to support safety on the pods," the report reads.
In October 2022, to improve safety, Evans moved youths from the old juvenile detention facility in downtown Detroit to the William Dickerson Detention Facility, a vacant adult jail in Hamtramck. But youths continued to find ways to break out of their rooms.
Dan Gilbert's real estate firm is building Wayne County's new jail and courthouse complex, which includes a new juvenile facility. The county told the state it plans to move in early 2024.
McGehee, the lawyer for the 12-year-old, said the "state of Michigan and Wayne County just continues to not take care of the problem."
Her law firm has been part of a group of attorneys who have sued the Michigan Department of Corrections in class-action cases with similar sex abuse allegations.
“I really think until the state allocates money to create more residential treatment facilities that this overcrowding, understaffing and incidents of sexual assault and sexual and physical assaults are going to continue to happen,” McGehee said.
The 12-year-old was awaiting placement in a treatment center when the incident happened, McGehee said.
State officials have said they are working to increase capacity at residential treatment facilities, allocating $3 million to Spectrum Human Services, which runs a facility in Highland Park. They say they have worked with other counties to accept Wayne County youths and worked with county officials to implement a day treatment program for facility youths.
Free Press staff writers Gina Kaufman and JC Reindl contributed to this report.
Contact Christine MacDonald: cmacdonald@freepress.com or 313-418-2149. Follow her on X: @cmacfreep.
This article originally appeared on Detroit Free Press: New sex assault allegation at Wayne County juvenile jail, records show
