New York City, New York — A federal class action lawsuit filed this month alleges that New York is unlawfully holding children as young as 12 years old in prolonged solitary confinement inside juvenile detention facilities, often in cells without toilets or sinks.
The lawsuit, brought by the Legal Aid Society and Jenner & Block, accuses the New York State Office of Children and Family Services of routinely isolating minors for 23 to 24 hours a day, sometimes for weeks or months. According to the complaint, staff shortages and extended lockdowns have led to children being confined in small, barren cells where they must ask permission to use the bathroom or resort to buckets and containers.
Plaintiffs argue the practice violates the Eighth and 14th Amendments, as well as the Americans with Disabilities Act, citing severe psychological distress and physical harm. The suit names three minors who say they were subjected to isolation both as punishment and due to facility-wide lockdowns. One child was placed on suicide watch, while another is reportedly considering transfer to an adult prison due to deteriorating mental health.
New York limited solitary confinement in adult prisons in 2022, but the law does not apply to OCFS-run juvenile facilities. Legal experts note that international standards, including guidance from the United Nations, consider solitary confinement beyond 15 days to be cruel and inhumane, especially for children.
OCFS said it does not condone isolation as punishment and claims it follows trauma-informed practices, but did not directly address the specific allegations outlined in the lawsuit.
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