The Oregon Youth Authority has settled two wrongful death lawsuits within the last two months involving teenagers who died while in the agency’s custody. The agreements totaled $2.6 million, and one of the settlements, will lead to some policy changes at a provider that contracts with the youth authority to provide mental health services to young people.
A youth died of suicide in one death, and in the other, died of a fentanyl overdose.
A youth authority spokeswoman said the agency is reviewing its policies to determine whether widespread changes are needed that mirror reforms at the facility that had a suicide on its watch. In the case of the fentanyl overdose, the youth authority is now providing naloxone, a medicine to treat opioid overdoses, and training to all its contracted residential programs, the agency said.
The youth authority did not have a statewide requirement that facilities stock naloxone, an overdose medication, or undergo overdose training at the time of the 2020 death but does now, the agency said.
The youth authority is responsible for more than 960 young people, mostly teens, who’ve been convicted of crimes. Some are in custody and others are on probation or parole.
As part of one settlement, a residential treatment provider that contracts with the state agreed to make policy changes to safeguard suicidal youth, including training staff and ensuring that police and family members are notified more quickly. That provider, Looking Glass Community Services, also agreed to advocate for statewide policy changes with state lawmakers and the authority.
In the settlement, the youth authority and Looking Glass agreed to pay nearly $2.5 million combined to the family of 19-year-old Brett J.J. Bruns, who died in 2019 while at a Looking Glass treatment center in Eugene. A bass guitarist, Bruns planned to work with his father as a mechanic. Looking Glass will pay $2.1 million through its insurer and the youth authority will pay $375,000.
In the other settlement, the state agreed to pay $100,000 in a case involving Juan Lopez-Robles, an 18-year-old from Ontario who died of a fentanyl overdose on March 16, 2020 while under the care of Haag Home for Boys in Junction City. That lawsuit alleged the death of Lopez-Robles, who was not a drug user before he entered the Junction City facility, happened because the facility and agency failed to stop rampant drug use or notice the teen’s deteriorating condition during checks of his room.
Opioid overdoses can often be prevented with naloxone, which is widely available.
In Bruns’ case, a staffer unlocked a door and allowed him to leave the facility even though he was on suicide watch, according to the lawsuit. A few days later, his body was found in a park along the Willamette River.
“This was a completely avoidable tragedy,” family attorney Dave Park said in a statement. “We learned through this case that the state does not do nearly enough to ensure youth are safe within the facilities the state contracts with for rehabilitation service.”
The lawsuit said the state doesn’t provide adequate services – such as proper medication – through its behavioral rehabilitation programs that provide mental health services. These programs are intended to help youth grapple with their emotional and behavioral difficulties, along with addiction issues, through counseling and other services.
There are 25 residential and outpatient mental health programs that serve about 180 youth under the authority statewide, the agency said. About six young people were enrolled in a program through Looking Glass, as of Dec. 6.
Problem with treatment
The Bruns lawsuit alleged the 19-year-old didn’t get the treatment that medical providers had recommended or consistent care while he was in the program. Bruns’ providers frequently changed, along with his prescriptions for mental health issues, including a severe major depressive disorder, the lawsuit alleged. He was in the youth authority’s custody for nearly four years, but the authority never ensured Bruns was properly stabilized on antidepressant medications, the complaint said.
As part of the settlement, Looking Glass agreed to more stringent policies, for example by alerting families more quickly about any problems, including suicide attempts. Those policies include procedures to notify police more quickly when a young person leaves the facility without authorization and is considered a suicide risk, according to the settlement. The contractor also agreed to advocate with state lawmakers in the next session for better medical and mental health care for youth treatment facilities, higher staff wages to improve staff retention and stronger suicide prevention training for juvenile professionals.
“To Looking Glass’s credit, they owned up to the errors that occurred and worked with the family to create meaningful change within their program,” said Eugene attorney Brian Millington, who also represents the family. “Hopefully, the state will do the same.”
In a statement, Jenny Smith, the chief of staff and communications director of the youth authority, said: “OYA is reviewing the policy recommendations from this settlement and how they can apply to other programs across the state. We are committed to effective oversight of all of our contracted programs and regularly review our systems to ensure every youth is provided appropriate support and care. OYA supports these efforts to look at the challenges in continuity of medical and mental health care, especially with youth who often fall into the gaps of the traditional health care system.”
Smith added: “We appreciate the courage of the Bruns family and the effort in this settlement process to look at how to improve these systems of care and the roles of each agency in doing so.”
Looking Glass, in a statement to the Capital Chronicle, said: “No parent ever wants to experience the devastation of losing a child, and Brett is not only missed by his family but by all who knew and cared for him. His impact on us and many others will forever be in our memories.”
Looking Glass said it regularly evaluates its policies and program to help thousands of adolescents and young people each year.
“The sad reality is that our nation is facing a new epidemic, with suicide now the second leading cause of death among 14 to 24 year-olds,” the statement said. “Looking Glass and other providers continue to advocate with federal, state, and local leaders for increased investments in behavioral health care.”
Bruns’ parents also released a statement, saying their son planned to work with his father as a mechanic. He graduated from New Bridge High School in Grants Pass in 2018 when he was 17 and chose to walk with this graduating class even though he could have graduated six months earlier.
His passion was playing bass, they said.
“Music spoke to Brett’s soul,” said Christina Bruns, his mother, in the statement. “He eventually went to a program that enabled him to perform with a group of other young men. He came to life, smile and all.”
The statement said the family hopes Bruns’ case will encourage the youth authority to revise its policies and make changes for all its contracted providers. “The changes being made at Looking Glass are very meaningful,” Joe Bruns, the father, said. “They are very specific, concrete changes that can act as a template for the state and other facilities to follow.”
Overdose death
In Lopez-Robles’ case, he entered Haag Home for Boys in January 2020. The lawsuit alleged his parole officer warned his family about rampant drug use there. Lopez-Robles previously did not use opioids before he entered the youth authority’s custody in 2018 and spent time at a different facility in The Dalles before his move to Junction City, the lawsuit said.
“While at Haag, Juan repeatedly complained to his family about rampant drug use by other residents but the family had no way to protect him,” the lawsuit said.
Staff checks failed to notice he was passed out on a couch and bleeding from his nose during three staff checks between 9:23 p.m. and 11:09 p.m. on March 15, 2020, the lawsuit said. Finally, at 12:32 a.m. on March 16, 2020, a resident at the facility sought help and staff called 911.
Lopez-Robles died from a fentanyl overdose after being sent to a hospital.
Through their attorney, Zach Olson, his family declined to comment.
Smith, with the youth authority, said: “Our thoughts are with Juan’s family. His death was profoundly sad and deeply affected those who knew and worked with him. We hope his family feels some sense of closure with this settlement. The safety of youth in our care is one of our primary concerns, and it’s incredibly upsetting when incidents like these occur.”
Smith said the youth authority is in the process of providing naloxone to its contractors and training to contracted residential staff. Juvenile probation and parole officers will also have access to the medicine. Distribution to programs should be finished within a couple weeks but most already have it, Smith said.
“At the time of Juan’s death in 2020, OYA did not have statewide requirements in place for naloxone or opioid overdose training,” Smith said in an email. “I do not have specific information for Haag House, but they may have had their own protocol or training.”
An attorney for Haag House did not respond to a request for comment.
“Young people in America are facing difficult challenges, including the opioid crisis, increasing gun violence, mental health concerns and a dearth of mental health care options,” Smith said. “These dynamics often are even more intense for youth in OYA’s custody. OYA continues to work closely with families and communities to make sure that everyone is safe and to help youth get the services they need.”
By Ben Botkin of Oregon Capital News
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