The South Carolina General Assembly Legislative Audit Council (LAC) has issued a disturbing update to its audit of conditions in the S.C. Department of Juvenile Justice.
The following statement is from Allen Chaney, Legal Director for the ACLU of South Carolina:
“The LAC report merely confirms what we've long known: Children in DJJ custody continue to face devastating, dangerous, and inhumane conditions. Rather than receiving the therapeutic and rehabilitative environment guaranteed to them by law, children at DJJ are alienated, victimized, and retraumatized.”
The new report issued Dec. 5 is a follow-up to an initial audit from January 2017. It is available to read below or on the LAC website. Among its key findings:
- "[J]uveniles are not being transported to needed medical care and ... the agency does not have a transportation plan in place."
- DJJ is so far behind on paying invoices that medical providers are discontinuing services. This was also the case in a 2021 report issued by the LAC.
- Staff turnover has skyrocketed, with Juvenile Correctional Officers hired in 2023 lasting average of just 3 months. "[T]urnover has been on the rise for front-line staff, continuing personal safety risks for juveniles and staff."
- Of the 101 recommendations made in the LAC’s April 2021 audit report, almost half have not been implemented.
The ACLU of South Carolina is continuing a years-long legal battle to protect children in the care of DJJ. As state lawmakers prepare to return in January, this new report underlines the urgent need for diversion programs, greater transparency, and meaningful support for children in the care of the state.
Our fight in court
In an ongoing legal case filed in April 2022, the ACLU of South Carolina continues to argue for urgent changes to ensure the wellbeing of children in the care of DJJ. The initial filing called for the state to provide “clean water, dry beds, healthy food, safety from violence, freedom from solitary confinement, meaningful access to education and mental health resources, and accommodations for children with disabilities.”
The ACLU of South Carolina represents the plaintiffs in this case: the South Carolina NAACP, Disability Rights South Carolina, and Justice 360. Our legal partners in the case are the NAACP, Wyche, and Jenner & Block.
For more information about this ongoing legal fight, see our case page for SC NAACP v. SC Department of Juvenile Justice.
Our fight in the legislature
As the legal fight continues, the ACLU of South Carolina is also advocating for changes in state law that can improve the systemic problems causing children to suffer in DJJ custody.
In the 2023-2024 legislative session, we spoke in favor of legislation that would decrease the length of time that children may be held for “status offenses." Status offenses are ones that would not be considered punishable if they were committed by an adult. Examples include truancy and running away from home.
One status offense reform bill that received a hearing in 2024, Senate Bill 266, would have required a child and their family to seek counseling when a child is charged with incorrigibility, defined as a pattern of serious or persistent misbehavior. ACLU-SC staff spoke in favor of that bill alongside top leaders of the DJJ itself, who argued that reducing the number of children in custody would relieve chronic overcrowding and understaffing issues at DJJ facilities.
