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March 23, 2020 Practice Points

Advocating for Kids in Detention and Congregate Care Amidst COVID-19 Concerns

Some information and arguments you can use to assist your clients.

By Cathy Krebs

We are monitoring the coronavirus (COVID-19) situation as it relates to law and litigation. Find more resources and articles on our COVID-19 portal. For the duration of the crisis, all coronavirus-related articles are outside the Section of Litigation paywall and available to all readers.

Many organizations are raising concerns about keeping youth in detention and congregate care facilities given the instructions to social distance to slow the spread of COVID-19. Advocates have been urging states to release as many youth as possible from these settings in order to protect youth, particularly those at a high risk from the virus. In addition, advocates urge that youth on probation and other forms of supervision be allowed to suspend regular meetings with probation officers and programs or to meet virtually or by phone. Lawyers can utilize the information and arguments put together by advocates to fight for their individual clients, for example by bringing a motion for the immediate release of a client due to the public health crisis or by arguing for facilities refusing to release youth to arrange ways for them to visit regularly with their families by phone or virtually.

Below are some resources to assist with this advocacy:



Cathy Krebs is the director of the Children's Rights Litigation Committee.

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