The girl was imprisoned at York Correctional Institution for two months despite not being charged or convicted of an adult crime.
Connecticut's second-highest court has ruled that a transgender teenager's due process rights were violated when the state's child welfare agency sought her transfer to a prison last year.
The state Appellate Court ruled Monday that a lower court judge didn't hold the Department of Children and Families to a high-enough standard of proof when it presented evidence the 16-year-old at the time was too violent for DCF facilities. The ruling states:
The respondent's due process rights were violated on the ground that DCF failed to prove, by clear and convincing evidence, its entitlement to have the respondent transferred from its care to the supervision of the Department of Correction.
The girl, known as Jane Doe, was imprisoned at York Correctional Institution in Niantic for two months despite not being charged or convicted of an adult crime. Connecticut's actions received national attention and were widely criticized by civil liberties advocates. She is now 17, and back in DCF custody in a community placement.
The Appellate Court's ruling set a precedent, saying DCF needs to present "clear and convincing" evidence in such cases, instead of the lower "preponderance of evidence" standard used in the transgender girl's case.
Normally the court's ruling that the judgment be reversed would remand the matter for a new hearing. But since Jane Doe is no longer in DOC custody and she will turn 18 by the end of the year, the court says it's "unable to provide her any practical relief from the court's transfer order."
James Connolly is one of Jane Doe's public defenders. He said they are pleased with the Appellate Court's decision but he said, "It is unfortunate that as the court recognizes there is no remedy for harm that his client experienced with this (prison) transfer." Connolly added, "Sadly the detrimental impact it had on Jane Doe are not capable of reversal."
In a statement, DCF said:
Beyond question this was a very difficult situation, and we took the step of asking for court approval with great consideration and after attempting many other interventions. We are confident that we applied our principles appropriately in this instance, and accordingly, are now deciding what is the best appellate approach to take.
The American Civil Liberties Union of Connecticut applauded the ruling.
Dan Barrett, its legal director, said the ruling “raises the evidentiary standard that the Department must meet before it can transfer a child in its custody to adult prison. Any development in the law that makes it more difficult for the state to send children to adult prison, is a good thing.”
This report contains information from the Associated Press.
