By Ryan Applegate
People’s Defender
Adams County Court of Common Pleas Judge Brett Spencer met with the Adams County Board of Commissioners on Monday, February 9, to outline serious concerns regarding conditions and oversight at the Adams County Children’s Home. The meeting followed an incident in which a youth housed at the facility jumped from a second story window and was hospitalized in intensive care. Spencer described significant safety, communication, and administrative issues and told commissioners that he would remove all children from the home later this week if immediate steps were not taken.
Spencer began by explaining how he first learned of the incident. “I assume you’re all aware of the child that jumped out of the children’s home that was in ICU,” he said. He stated that he heard about the situation more than a week earlier, before it had been reported to him formally. “I had heard about it on a Sunday, a week ago yesterday. I’d heard about it because a person had contacted my wife and said, ‘Hey, a child is in ICU.’”
After receiving multiple messages and being unable to reach Children Services by phone, Spencer drove to the home to speak with staff. Spencer said he was told that the child had gained access to a second floor window and leapt from it. According to him, staff also reported that key parts of the facility’s security system were disabled.
Spencer added that the same youth had previously jumped from a different window one week earlier. He told commissioners that the court would now need to appoint a guardian ad litem to investigate. “They don’t have any voice, so we’re going to have to appoint somebody to evaluate the legal consequences of this thing,” he said.
The judge said the situation required immediate action. “Unless they can give me a solid plan of how these children can be safe, then I’m going to have to remove all the children,” he told commissioners. “I’m going to have to take every child out of there.”
Spencer said he attempted to schedule a meeting with the Adams County Prosecutor’s Office to discuss how the matter could be resolved, but that the prosecutors canceled the meeting shortly before it was set to begin. “At 1:51, they texted an off duty employee and said they weren’t coming,” he said. He added that the prosecutors were present in his courtroom at 9 a.m. Monday for unrelated matters but left before he could raise the issue. “I brought up the issue, ‘Hey, I need to talk to you about a child,’ and they got up and walked out of the courtroom.”
The judge also said Children Services staff told him they had been instructed not to communicate with him. “They said, ‘We’re not allowed to speak to you because we’ve been advised by our attorney.’” Spencer noted that the Prosecutor’s Office provides legal representation to both the court and Children Services, which he said created a conflict. “You know what’s ironic? They’re my attorney,” he told the commissioners. He said the court needed its own legal representation and that he would submit a proposal if commissioners wished.
Spencer said the issues at the home extended beyond the recent incident. He described touring the bathrooms in the past after receiving complaints and finding unsafe conditions in the girls restroom. “The toilet was almost ready to fall through the floor,” he said. “There were three holes on the right side, one on the left side. The floors were soft, everything.” He said the problems were not addressed until after he visited multiple times and warned he would shut the facility down.
Spencer also referenced past concerns regarding living conditions and safety hazards, including children escaping, running to nearby businesses, and being found with alcohol. “You’ve got kids going to UDF, stealing Twisted Tea. UDF is complaining now,” he said.
Commissioners responded by asking questions and acknowledging that they had only recently learned of the situation. Several stated that they agreed that security improvements were necessary. Commissioner Barbara Moore Holt explained, “It’s going to be way cheaper for us to get some security out there.” Commissioner Kelly Jones added that he did not understand why staff were not monitoring the cameras already in place.
Spencer said staff told him they were prohibited from using the monitor room because they were required to remain in the hallway. “RSWs aren’t allowed in there because their policy is they have to be in the hallway observing,” he said. “But you’re not allowed to watch the monitors. It makes no kind of sense.”
A member of the public asked who is responsible for oversight of Children Services. Commissioners stated that the agency’s board is responsible for operations and that commissioners appoint members to that board. Spencer added that he had not had reason to intervene in routine matters until significant concerns arose.
As the meeting concluded, Spencer told commissioners he hoped they would take immediate corrective steps. “I’m not intending to send any proposal. I’m going to leave it to you all,” he said. “If I don’t hear by Wednesday at noon that this thing is being resolved, then at least we put one more stop gap in to save these kids. Then I will be removing them starting on Thursday.”
Commissioners indicated they would review the security needs, speak with their attorney, gather more information, and reach out to appropriate staff.
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