The city is calling on the court to intervene after overcrowding has become a problem at the Philadelphia Juvenile Justice Service Center in West Philadelphia.
The overcrowding is to the point 30 young people are sleeping in the gym on mattresses on the floor.
The center is meant to temporarily house kids who have criminal cases in the legal system before they are placed elsewhere. That includes those who have been adjudicated delinquent, which is the juvenile version of being found guilty.
NBC10 obtained the city's refiled lawsuit stating the center is "dangerously overcrowded."
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Chief Legal Officer at Philadelphia-based Juvenile Law Center Marsha Levick has been following the issues at the Juvenile Justice Center since they started last fall.
“The facility has been more than approximately 30% overcrowded for months," said Levick.
Once that happens, the commonwealth is supposed to assume custody and place them in a state or private facility.
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“I have heard stories of kids not being sure what time it is and the only way they can be sure is what kind of food they’re being served," said Levick.
The city claims the center is seeing an increase in contraband, fights, and conflict.
Youth Empowerment for Advancement Hangout Founder Kendra Vandewater visits the kids for weekly wellness checks.
"They’re saying that they’re not getting the meals three times a day like they should. They’re not being let out of their pods or their rooms because of staff shortages. They’re not getting rec time," said Vandewater.
The center has a licensed capacity of 184 beds and the city says while occupancy fluctuates daily, the center exceeded capacity by 58 kids on June 5.
Now a commonwealth court judge is giving the Pennsylvania Department of Human Services 30 days to take custody of 27 kids who have been adjudicated delinquent.
"Our facilities, which face ballooning populations of youths referred to them, primarily from Philadelphia, are intended to provide treatment and rehabilitation. Many of these youths are being referred to DHS for periods of time far exceeding the traditional timeframe for treatment, using the current limited bed space,” said a spokesperson at the Pennsylvania Department of Human Services.
The city tells NBC10 it's grateful for the court's decision and believes it will alleviate overcrowding and ultimately help lead to the safety and well-being of kids and staff at the center.
