Wednesday, October 15, 2003

Youth center allegations are focus of probe

By PAUL CARRIER, Portland Press Herald Writer

AUGUSTA — The Governor's Office is investigating allegations that officials from the former Maine Youth Center in South Portland - including the current superintendent - violated the facility's rules by using solitary confinement and physical restraints for longer periods than regulations allow.

State lawmakers and youth advocates described the internal review by Gov. John Baldacci as a good first step. But several legislators said they will keep a close eye on how the governor handles the case. And one lawmaker said the charges are so serious that either the Legislature should investigate them now, or the governor should call in outside experts right away to look into them.

Court documents made public in a lawsuit say that officials at the former Maine Youth Center repeatedly violated restrictions on isolation and restraint during the 1990s. Some of those officials now run the renamed and rebuilt Long Creek Youth Development Center in South Portland, including Superintendent Lars Olsen, Deputy Superintendent Richard Lancaster and senior psychologist Barbara Heath.

The list of 14 defendants in the suit includes 12 current state employees.

Much has changed since the alleged incidents in the 1990s. In recent years, the state has spent $34 million replacing the old youth center with Long Creek, which offers more education and mental health services.

Baldacci has ordered a senior aide and Corrections Commissioner Martin Magnusson to conduct "a thorough review of the facts" and report back to him, Lee Umphrey, Baldacci's spokesman, said Tuesday.

Umphrey said Magnusson and Alan Stearns, a top adviser to the governor, have been told to figure out "what happened, why it happened and where we go from here."

The internal investigation will examine the policies that restrict the use of isolation and restraints. It also will document when those policies were violated, how often the violations occurred and who was responsible for the infractions, Umphrey said.

He said the review will extend beyond the specific allegations in the lawsuit, which involve the treatment of one individual, to examine the overall use of isolation and restraints.

Baldacci is "reserving judgment until the commissioner gets back to him," Umphrey said. "He just needs to get some more information" before deciding how to proceed, he said.

Umphrey said the initial report from Magnusson and Stearns should be done this week, but there probably will be "an ongoing review" within the Governor's Office after that. If the state needs to take corrective action, it probably will do so without awaiting the result of the lawsuit, Umphrey said, because this is a policy issue as well as a legal issue.

Most lawmakers interviewed Tuesday said they see no need for an outside investigation now because the governor is looking into what happened. But the state representative whose district includes the Long Creek center said Baldacci is not going far enough.

"When these things come to light, we have to jump on it immediately and it has to be outside and impartial," said Rep. Kevin Glynn, R-South Portland.

Glynn said a legislative subcommittee should mount its own investigation or the governor should bring in an outside auditor.

Others said the governor should be given time to complete his review, although they wouldn't rule out a legislative investigation.

"I think the Legislature needs to keep a close eye on what he's doing," Sen. Ethan Strimling, D-Portland, said of Baldacci. Strimling co-chairs the legislative committee that oversees the corrections system.

So far, at least, lawmakers and advocates are withholding comment on whether Olsen should be reprimanded or dismissed because of his alleged role in the case.

They noted that the overuse of restraints came to light several years ago, so the pending lawsuit personalizes and humanizes a problem that had been previously documented.

The lawsuit was filed on behalf of a teenager who was at the Maine Youth Center during five stints from 1995 to 1999. The boy, identified in public records as Michael T., was held in a solitary-confinement type cell for 87 days, despite a 72-hour limit spelled out in the rules. He also was tied down in restraints for as long as 49 hours, despite a 30-minute limit spelled out in the rules.

The complaint alleges that Michael T. spent days strapped in restraints and months locked in isolation. The complaint alleges that Olsen, who became acting superintendent in 1998, ordered or approved confinement beyond 72 hours at least 27 times. It also alleges that Lancaster and Heath either authorized excessive restraints or interviewed Michael T. while he was being restrained for excessive periods.

The state has filed a motion to dismiss the suit, arguing that, even if the allegations are true, staffers at the youth center were following the common practice at the time.

The motion also argues that the treatment and education that Michael T. claims to have been denied while at the youth center are not constitutionally protected rights, providing further grounds for a dismissal.

Olsen could not be reached for comment Tuesday. A spokesman for Long Creek Development Center said last week that the facility, which opened last year, has no isolation unit and restraint is now used for short periods of time, if at all.

Staff Writer Paul Carrier can be contacted at 622-7511 or at: pcarrier@pressherald.com

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