J. JOSEPH CURRAN

DONNA HILL STATON
MAUREEN M. DOVE

Attorney General

Deputy Attorneys General

STATE OF MARYLAND
OFFICE OF THE ATTORNEY GENERAL
JUVENILE JUSTICE MONITORING UNIT
Special Timely Report

Facility:

Lower Eastern Shore Children’s Center
405 Naylor Mill Road
Salisbury, MD
Phone: 443-523-1520
Superintendent: Michael Berry

Date(s) of Visit:

March 4, 2006
12:00am-1:00am

Visited by:

Katherine A. Perez, Director
Kim R. Bones, Juvenile Justice Monitor

Reported by:

Kim R. Bones

Nature of Issues during
Reporting Period:

Overcrowded Conditions
Staffing Shortage

Staff Interviewed:

Staff on Duty

Other Agency Involvement:

N/A

Date of Report:

March 28, 2006

INTRODUCTION:
On the above date and approximate time, Katherine Perez, Director of the
Juvenile Justice Monitoring Unit (JJMU) and this monitor conducted an
unannounced visit to the Lower Eastern Shore Children’s Center (LESCC). The
facility is a twenty-four bed detention center owned and operated by the
Department of Juvenile Services (DJS). LESCC was designed to house eighteen
males and six females.
KEY FINDINGS:
Overcrowded Conditions:
The facility’s total population was thirty-one including twenty- six males and five
females. During the unannounced visit, the monitors found seven youth were
sleeping on “boats”, similar to a temporary cot on the floor.
DJS Detention Standard 5.1.5, Crowding, The population of each facility shall
generally be limited to the architectural design operating capacity. However,
the facility shall not be considered crowded as long as the Department can
safely and humanely maintain critical aspects of the facility to include the
following:
5.1.5.1, The condition of the physical plant, The provision of lighting,
heat, plumbing, ventilation, living space, noise levels, and recreational
space shall be sufficient to adequately meet the needs of the detained
youth.
5.1.5.4, Youth needs and treatment services, Clothing, proper nutrition,
bedding, medical, dental, and mental health care, visitation time,
exercise and recreation, and educational and programming services
shall be maintained at a sufficient level to accommodate the number of
youth in the facility.
5.1.5.5, Staffing, Staffing levels shall ensure the proper supervision and
safety of the residents.
DJS Standard of Detention 6.5.1, Personal space, No new facilities shall be
designed with bedrooms for more than one resident.
COMAR 01.04.04.12, Sleeping Accommodations, Prohibit the use of cots or
beds.

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The following chart illustrates the facility population:

A Pod
(6 bedrooms)
B Pod
(6 bedrooms)

# of Youth
5

8

C Pod
(12 bedrooms)

18

Control Center

N/A

Sleeping Assignments
# of Staff
5 females youth
1 staff member
sleeping in
working both A
individual rooms
and B pod.
5 youth sleeping in
single bedrooms
Stated above.
1 youth sleeping in
the seclusion
room
2 youth sleeping in
a handicap room
with 1 youth on
the bed and 1
youth on a boat
10 youth sleeping in
1
single bedrooms
2 youth sleeping on
boats in 1
bathroom
1 youth sleeping in
another bathroom
on a boat.
4 youth sleeping in
2 handicap rooms
with
2 on beds and 2 on
boats
1 youth sleeping in
seclusion
N/A
1 staff on light duty

A pod (designed to house six youth) consisted of five females.
B Pod (designed to house six youth) consisted of eight males.
C Pod (designed to house twelve youth) consisted of eighteen males.
The monitors observed that the pillow and head one of the youth sleeping in a C
Pod bathroom was at the base of the toilet. The staff member stated that these
conditions have existed for approximately 2 nights. The staff member stated
because the seclusion room is not equipped with a toilet, the youth housed in the
bathroom had to be awakened to stand outside and allow for other youth to use
the bathroom.

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STAFFING:
Two staff members were assigned to supervise the thirty-one youth in the facility.
One female staff member supervised both A and B Pods. A male staff member
supervised C Pod. A third staff member assigned to the control center is currently
on “light duty” due to a wrist injury he suffered on duty in 2005. To date, he has
not been medically cleared to work in direct care with the youth. No supervisory
staff members were on duty.
Upon entrance to the facility, the monitors observed the female staff member in
the control center with the male staff member assigned to work there. It should be
noted that the closest staff restroom to the pods is in the control center. While the
female staff member was in the Control Center, the youth on A and B Pods were
not being supervised. The two staff members assigned to the Pods must leave
their youth unattended when taking bathroom breaks and when heating meals for
their lunch break. Staff members stated that these working conditions have
existed for approximately the past three months. They stated that earlier in the
week four youths were admitted to the facility during the overnight shift. The C
Pod staff member had to leave his youth unattended while he processed the four
youth in the Intake Area.
DJS Procedure Directive #17.III(A), Night Time Supervision, Direct care staff
assigned to work the late evening and night shift shall maintain constant
supervision of youth by making ten minute checks of individual sleeping rooms
throughout their tour of duty. Population counts shall be conducted and
documented every ten minutes throughout the tour of duty.
DJS Procedure Directive #17.III(B), Night Time Supervision, Direct care staff
assigned to work the late evening and night shift shall be posted in the sleeping
area of the cottage/unit to ensure youth are properly supervised and monitored.
DJS Standard of Detention 5.1.5.5, Staffing, Staffing levels that ensure the
proper supervision and safety of the residents.
Logbook documentation revealed that a management level staff member worked
the overnight shift two nights last week due to the staffing shortage. However,
the facility was only staffed with the manager and two other staff members.
Overnight shift should consist of one staff member each on all three pods. A shift
supervisor should monitor the facility and one staff member should operate the
control center.
Detention Standard 5.1.4 states that a control center should provide 24-hour
monitoring and coordination of the facility’s security, safety, and
communication, mechanical, and electrical systems.
This monitor cited the LESCC in a previous report for failing to staff the control
center on the overnight shift due to a staffing shortage. In previous monitoring
visits, this monitor has observed the Case Manager, a Nurse, and an
Administrative Aide operating the control center. Although these staff members

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stated that they were trained to operate the controls, they should not be scheduled
to work in the Control Center as a replacement for direct care staff. During the
March 4th visit, this monitor observed the staff schedule for the week of February
26 – March 4, 2006. The Administrative Aide was scheduled to work on day shift
for approximately two days that week. This person should not be included in the
direct care staff to youth ratios for that shift.
RECOMMENDATIONS:
1. Youth should be transferred to other detention facilities to avoid overcrowded
conditions.
2. Youth should never be required to sleep in facility bathrooms.
3. At least one staff member should supervise each unit during the overnight
shift with a supervisor floating between the three pods.
4. One staff member should be assigned to the Control Center.
5. Facility Administrators should request the approval for transportation officers
and community case managers to work within the facility to ensure adequate
supervision of youth during severe staffing shortages.
6. Staff should be provided time for breaks to allow for bathroom visits,
individual meal preparation, etc.
7. Support staff should not be scheduled to work in the Control Center in place
of direct care staff.
8. Support staff should not be included in the direct care staff to youth ratios.

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