"When you don't know where to put the particular child, you don't put them in prison."
Susan Storey
Advocates for juveniles want the state legislature to repeal a rarely used law that allows Connecticut's Department of Children and Families to request a youth be transferred to an adult prison.
Last April, DCF asked a judge to allow the transfer of a 16-year-old transgender female to the custody of the Department of Correction. DCF said the teen known as Jane Doe was too violent to be kept at any juvenile facility.
A judge agreed, but the decision brought national attention to Connecticut, with critics saying prison is no place for a juvenile who has not been charged with a crime.
Advocates for Jane Doe say part of the Connecticut statute that gives DCF this option should be repealed. Supporters of the repeal effort include the Public Defender's office, the ACLU of Connecticut, and the state Child Advocate.
Speaking at a recent public hearing, Chief Public Defender Susan Storey told Judiciary Committee members the current law allows DCF to use prison as a backup when a juvenile is difficult to manage.
"I think there are situations that are going to become more frequent that DCF should be able to respond to in an appropriate way that don't require a child, when you don't know where to put the particular child, you don't put them in prison," Storey said.
Judiciary Committee co-chair Rep. William Tong questioned Storey about why the state should repeal a statute that's only been used twice.
"Shouldn't the commissioner have the tools at her disposal to manage that danger in the juvenile population?" Tong asked.
"No," said Storey.
"The commissioner should not have the ability to manage threats to safety and other staff in her custody?" Tong asked.
"Yes, she should, but not to transfer to DOC," Storey replied.
In DCF testimony, the agency said the statute is necessary and cautioned lawmakers that the elimination of "this tool could lead to youth being treated as an adult criminal" -- meaning a violent juvenile could be transferred to adult criminal court on charges, and face incarceration.
Last summer, Jane Doe was placed at the Connecticut Juvenile Training School, but Child Advocate Sarah Eagan said she's since been moved to a community placement.
