Judges need more options for youth offenders

Here is the stark and painful truth: Every judge who has sat on the Juvenile Calendar — every judge — has sent kids — and that is what they are, kids — to the Detention Home (DH) or Hawaii Youth Correctional Facility (HYCF) knowing full well that other options would be better for the youth and community. Every judge did so with a heavy heart.

I myself sent kids to DH or HYCF understanding it was not the most appropriate disposition. So why did I do it, and why do judges still do it today? The answer is simple. We do not have adequate alternatives to detention.

Detention is intended and necessary for youth who pose a danger to the community or who might not show up for their future court appearance. But what did I do with the 14-year-old girl who was neither of those things, but was suicidal? I wanted to send her to a residential juvenile mental health center, but we don’t have any in Hawaii. What did I do with the 15-year-old boy who was a drug addict? I wanted to send him to a juvenile drug treatment center, but the wait list was three months. What did I do with the 16-year-old girl who was not safe at home because her father was sexually abusing her? I wanted to place her with another relative, but the social worker told me, "There are no relatives who can take her right now." And so, with the best intentions, I sent them to DH or HYCF.

The other truth, and the one nobody wants to talk about, is that most kids in DH or HYCF are poor, and come from families with no voice. Every day I sat on the bench, I asked myself: If these kids were from privileged homes, would we as a society tolerate having them in DH or HYCF, knowing it wasn’t the appropriate place for them?

The bottom line is: We need more alternatives. Some alternatives already exist. Organizations like the YMCA, where I work, and others, currently work with youth who have unique challenges. And before I left the bench, I co-chaired with Judge Mark Browning the Juvenile Detention Alternative Initiative to develop alternatives for kids who need help of all kinds, but do not belong in detention. I know Judge Browning and Family Court are deeply committed to that initiative. It represents one of our greatest hopes, and deserves our full support.

I commend Sen. Suzanne Chun Oakland and Rep. John Mizuno for bringing this critical matter to the public forefront. And I am encouraged by the insight reflected in HYCF Administrator David Hipp’s public comments. You cannot get much more compelling than the head of HYCF acknowledging that detention "doesn’t work" for many of the kids there.

As for those who claim that DH or HYCF "scares kids straight," for youth in DH or HYCF who don’t belong there, the "scared straight" approach has absolutely no application. For those kids, DH and HYCF merely worsen the existing trauma, while the underlying cause of the child’s poor choice often is not addressed.

I long for the day when Family Court judges have all the needed alternatives at their disposal. Until that day, all of us — every single one of us — must accept responsibility for those kids sitting in DH or HYCF who have no business being there. The Y, and like-minded organizations, stand ready to help.

Michael Broderick was a Family Court judge from 2003 to 2010. He currently is president and CEO of the YMCA of Honolulu.