Advocates tell Vermont lawmakers to pause plans for larger locked juvenile facility, seek study and data

Advocates at a joint hearing of the Vermont House Judiciary Committee and House Human Services urged legislators on Friday to pause plans for a larger locked juvenile facility and instead require a study of the state's residential-care system and clearer data from the Department for Children and Families (DCF).

The discussion centered on Red Clover, a four‑bed locked facility that opened in October 2024. "We have right now Red Clover, which is our 4 bed locked" facility, said Matthew Bernstein, child, youth and family advocate for the state of Vermont, noting the new site provides an opportunity to gather evidence before committing to a larger, costlier build. Bernstein said federal reimbursement changes under the Families First Prevention and Services Act mean federal funds generally cannot be used to pay for secure, locked settings beyond a 14‑day window, and that Vermont needs a clearer accounting of how much the state is spending on residential care.

The advocates told the committees that Vermont lacks comprehensive, readily accessible regulatory and incident‑reporting data from DCF. "DCF cannot track the allegations at specific facilities given the inadequacies of their database system," said Lauren, a former worker in DCF's residential licensing special investigations unit, describing limits on the agency's ability to pull up a facility's investigative history from a central screen.

Why it matters: advocates argued a rushed decision to build a larger locked facility (estimates discussed by witnesses ranged from an initial 14 beds up to 22 in previous conversations) risks repeating past harms observed in congregate residential settings and could be expensive, especially given limits on federal reimbursement for secure placements.

Details from witnesses

Bernstein and other presenters said Vermont should collect and publish data from Red Clover and the state's contracts for residential beds before authorizing a larger facility. Bernstein said some youth have reported positive experiences at Red Clover, but that positive reports from youth do not eliminate the need for oversight and robust step‑down capacity. "It is quite possible that 4 beds will be enough," Bernstein said, arguing the state should not "rush based on no data to build a 12...14 to 22 bed new facility" without clearer cost information and service‑level needs.

Witnesses pointed to federal developments and legal risks. Bernstein cited the Families First Prevention and Services Act (FFPSA), which limits federal reimbursement for nonqualified residential placements beyond 14 days, and referenced recent federal legislation called the Stop Institutional Child Abuse Act, which will study residential systems nationally. He also cited a June 2, 2022, Department of Justice letter to Maine raising ADA/Olmstead concerns and noted the DOJ filed suit against Maine in September 2024 after the state did not make required changes.

Concerns about oversight, restraint and seclusion reporting

Lauren said the licensing regulations that govern locked residential treatment programs in Vermont remain largely unchanged since abuses at Woodside came to light, and that statutory due‑process pathways for administrative placements remain in place. She told the committees that under current rules, facilities licensed for ages 13–18 can, under existing standards, strip‑search 13‑year‑olds and use mechanical restraints when staff deem them necessary.

Representative Noyes asked whether the Office of Child, Youth and Family Advocate (OCYFA) has received data on seclusion and restraint. Bernstein replied that OCYFA has received some referrals and a few batches of data up to 2024 but said the information is insufficient for monitoring or timely intervention: "Functionally, no would be, I guess, the I mean, not 0, but, not any amount to be able to really provide information, stay on top of it, intervene." He added that OCYFA has received referrals from youth and families about restraint incidents that were not reported by DCF, which suggests gaps in required reporting.

Prosecutors and discretion on youth charged as adults

Kim McManus, legislative and policy attorney for the Vermont Department of State's Attorneys and Sheriffs, described how prosecutors weigh whether to file young defendants in criminal court or pursue youthful‑offender pathways that emphasize rehabilitation. McManus said prosecutors consider public safety, the seriousness of the offense, the youth's amenability to treatment and whether local services are actually available when making charging decisions. She told legislators those resource differences and backlogs vary by county and can affect whether youthful‑offender dispositions are viable.

Requests and next steps

Witnesses and some legislators requested a more complete accounting from DCF of: contract costs for residential placements; utilization and bed‑occupancy data since Red Clover opened in October 2024; seclusion and restraint incident reports and aggregate counts; and county‑by‑county information on youthful‑offender filings and grants. Bernstein said OCYFA will analyze available contracts and records and urged DCF to present the same data to the legislature.

No formal votes or policy decisions occurred at the hearing; committee members scheduled follow‑up testimony. Bernstein and other witnesses are expected to return to testify again on the "raise the age" proposals in forthcoming sessions.

Ending

Legislators signaled interest in more information before making capital or policy commitments. Several committee members asked staff to gather county‑level data on youthful‑offender filings and outcomes and to request DCF produce clearer, centralized reporting on facility investigations and restraint/seclusion incidents.