Factual Background

Findings of noncompliance and unsuitability at Los Angeles County’s juvenile detention facilities have been ongoing since June 2022.  The following is a summary of recent actions taken by the Board:

• May 23, 2023:  BSCC Board determined Barry J. Nidorf Juvenile Hall was unsuitable to house youth due to nine violations of Title 15, including:

The Secure Youth Treatment Facility (SYTF) at Nidorf continues to house youth.

• August 14 — 18, 2023: BSCC inspected Los Padrinos following transfer of all youth from Central and Barry J. Nidorf Juvenile Halls due to both facilities being found unsuitable due to multiple violations of Title 15, including section 1321 (Staffing). Twelve items of noncompliance with Title 15 were identified, almost all related to deficiencies with staffing. Staff documented late and missed safety checks, inappropriate and undocumented use of room confinement, youth not getting to school on time, and youth not having access to recreation or programs. An approved corrective action plan (CAP) was due to the BSCC on October 17, 2023.
• October 16, 2023: BSCC received approved CAP for Los Padrinos; corrective action must remedy items of noncompliance no later than January 10, 2024.
• January 29 — February 3, 2024: BSCC conducted a follow-up inspection to verify that items of noncompliance were remedied by January 10, 2024; BSCC staff found that only one of the twelve outstanding items of non-compliance had been corrected. Eleven items of noncompliance were not remedied, including section 1321 (Staffing), following 90 days from the date of the approved CAP.
• April 11, 2024, BSCC Board Meeting: BSCC Board made a determination that Los Padrinos is suitable for the confinement of youth based on a finding of compliance with the prior items of noncompliance. However, the Board directed BSCC staff to conduct inspections of Los Padrinos and the Barry J. Nidorf Secure Youth Treatment Facility at a minimum of twice a month to monitor compliance.
• Between April 2024 and September 2024, BSCC staff conduct a total of nine (9) inspections of Los Padrinos. A portion of the inspections were unannounced.
• June 28, 2024: Following the June Targeted Inspection, BSCC staff provided facility staff with an Initial Inspection Report (IIR) noticing noncompliance with section 1371 (Programs, Recreation, and Exercise). BSCC staff observed that while facility staff had documented that youth participated in these activities, review of video of unit activities demonstrated that activities were not occurring. Facility staff had been falsifying documentation to indicate that required activities had occurred. A CAP was due to the BSCC by August 8, 2024; the County provided an approved CAP to the BSCC on August 8, 2024.
• August 12, 2024: Following the July Targeted Inspection, BSCC staff provided facility staff with an IIR noticing noncompliance with section 1321 (Staffing). Many areas of operation continued to be impacted by lack of staffing including education, recreation and medical appointments. Youth continued to be held in their rooms for long periods of time following incidents on the unit. A CAP was due to the BSCC by October 11, 2024.
• October 1, 2024: BSCC staff reach out to Los Angeles Probation staff to offer technical assistance prior to anticipated CAP submittal; no response was received.
• October 10, 2024: The County provided a draft CAP to BSCC staff in late afternoon. BSCC responded that the draft CAP would not be approved as drafted because there was no detail on what steps would be taken to resolve the item of noncompliance and many elements that were required by BSCC policy were not included in the CAP.  For example, the plan lacked completion dates and did not adequately explain how proposed corrective actions would ensure compliance with section 1321.
• October 11, 2024: The County’s final CAP was provided to BSCC. The County is notified that the CAP is denied because it does not adequately outline how the Department plans to correct the issue of noncompliance nor does it provide reasonable timeframes for resolution of the staffing deficiencies, including ensuring that “there are an adequate number of personnel sufficient to carry out the overall facility operation and its programming, to provide for safety and security of youth and staff, and meet established standards and regulations.” (Cal. Code Regs., tit. 15, § 1321, subd. (a).)  The CAP also does not provide information on how it will “ensure that no required services shall be denied because of insufficient numbers of staff on duty absent exigent circumstances.”  (Cal. Code Regs., tit. 15, § 1321, subd. (b).)
• October 13- 23, 2024: BSCC Staff conducts the 2024 Comprehensive Inspection of the Los Padrinos Juvenile Hall.  Nine (9) items of noncompliance are identified, in addition to the outstanding noncompliance with Title 15 sections 1321, Staffing and 1371, Programs Recreation and Exercise. An Initial Inspection Report is provided to the facility on October 23, 2024, and an approved CAP is due from the facility on December 22, 2024.
• October 13, 2024: The County submitted a revised, untimely CAP for Title 15, section 1321, Staffing, which was denied both on procedural grounds and on the merits.
• October 14, 2024: BSCC Board Chair Penner formally noticed the County that Los Padrinos was unsuitable due to the failure to submit an approved CAP for Title 15 section 1321, Staffing pursuant to Welfare and Institutions Code, Section 209(d), and that they had 60 days (December 12, 2024) to discontinue using the facility for the confinement of youth until brought into compliance with the law.
• December 2, 2024: Los Angeles County Probation requested a reinspection to determine if the facility had come into compliance with section 1321 (Staffing).
• December 5 — 6, 2024: BSCC staff conducted a reinspection and  determined that Los Padrinos remained out of compliance with staffing and that timely delivery to medical programs, attendance at school, and access to program, recreation, and exercise continued to be negatively impacted by the lack of staff.
• December 10, 2024:  BSCC notified Los Angeles County Probation Chief Guillermo Viera Rosa that Los Padrinos juvenile hall remains out of compliance with Title 15 section 132, Staffing.
• December 11, 2024:  BSCC received a Notice of Appeal from Los Angeles County legal counsel requesting the Board stay enforcement of the October 14, 2024 notice of unsuitability.
• December 12, 2024:  WIC §209 (a) (4) 60 day deadline for Los Angeles County Probation to remove juveniles from the unsuitable facility.
• December 18, 2024:  BSCC Board Meeting:  BSCC Board met in closed session to discuss next steps, as youth remained in the facility after the December 12, 2024 deadline.  The Board determined to provide all related documents to Los Angeles County Superior Court for the December 23, 2024 Order to Show Cause hearing, under the authority of Judge Miguel Espinoza.
• December 19, 2024:  BSCC provides supporting documentation to Los Angeles County Superior Court.
• December 19, 2024:  BSCC received a letter from Chief Probation Officer Guillermo Viera Rosa requesting clarification for the need to complete corrective action plans for nine (9) additional areas of non-compliance identified in the October 2024 comprehensive inspection of Los Padrinos since the facility remained out of compliance with Title 15 sections 1321, Staffing and 1371, Programs Recreation and Exercise. BSCC recommended completion, in accordance with Welfare and Institutions Code 209 (d).
• December 20, 2024: Los Angeles County Probation Department submits an approved CAP for the nine (9) items of noncompliance found during the October 2024 Comprehensive Inspection.
• December 23, 2024: Judge Espinoza continued the Order to Show Cause hearing to January 10, 2025.
• January 8, 2025:  Los Angeles County Probation submitted an appeal to the BSCC for the October 2024 determination of unsuitability of Los Padrinos.
• January 9, 2025:  Judge Espinoza postponed the January 10 Order to Show Cause hearing to January 24 due to the Los Angeles fires.
• January 21, 2025:  Los Angeles County Probation requested a reinspection of Los Padrinos Juvenile Hall.
• January 24, 2025:  Judge Espinoza further continued the Order to Show Cause hearing to February 14, 2025. Los Angeles County Probation was directed to file additional updates by February 13, 2025.
• January 27, 2025:  Los Angeles County Probation provided BSCC updated staffing reports, staffing sheets, and proof of compliance from the last inspection date to present time, as requested by BSCC in response to the county’s request for reinspection.
• February 3, 2025:  BSCC began the reinspection of Los Padrinos Juvenile Hall as requested by Los Angeles County Probation, which staff determined was warranted based on updated staffing documentation received since the last inspection. Continued monitoring is deemed necessary as the county is relying on emergency, temporary strategies for staffing, with no long-term solution. Monitoring also continues for the multiple other items of noncompliance noted in the October 2024 Comprehensive Inspection.
• February 7, 2025:  Deadline for BSCC to provide Los Angeles County Probation a written response to the January 8 determination of unsuitability appeal.  County counsel agreed to extend the deadline until after the February 13 court determination.
• February 13, 2025:  Judge Espinoza continued the Order to Show Cause hearing to April 18, 2025, pending BSCC inspection findings and Board action.
• February 18, 2025: BSCC staff denied the January 8, 2025 Los Angeles County appeal. The county may appeal to the Board.
• March 4, 2025: Los Angeles County Probation Department notifies BSCC that it has completed and is in compliance with all CAP activities from the December 20, 2024 approved CAP from the October 2024 Comprehensive Inspection.
• March 17-27 and April 4, 2025:  BSCC conducted an onsite inspection of the Los Padrinos Juvenile Hall to verify compliance with the nine (9) outstanding items of noncompliance from the October 2024 Comprehensive Inspection and in response to the January 21, 2025 request for reinspection by Los Angeles County Probation, and in continuance of the February 3 reinspection. Compliance was determined for:

• • Section 1371 Programs, Recreation and Exercise
  • Section 1355 Institutional Assessment and Plan
  • Section 1361 Grievances
  • Section 1374 Visiting

With noncompliance remaining in:

• • Section 1321, Staffing
  • Section 1354.5, Room Confinement
  • Section 1357 Use of Force (specifically, decontamination)
  • Section 1358.5 Use of Restraint Devices
  • Section 1390 Discipline
  • Section 1391 Discipline Process
  • Section 1480 Standard Facility Clothing Issue
• March 20, 2025:  Los Angeles County Probation Department submits second- level appeal to the BSCC Board, allowable under Title 15, Section 1314(e).
• April 9, 2025:  BSCC Appeal Hearing for Los Padrinos. The three-member panel votes to deny Los Angeles County’s second-level appeal.
• April 10, 2025:  BSCC Board determines Los Padrinos remains unsuitable for the housing of youth within the meaning of Welfare and Institutions Code section 209, subdivisions (a)(4), based on the March 17-27 and April 4 inspection findings.  The Board also votes to confirm the recommendation of the three-member panel, denying Los Angeles County’s second-level appeal.
• April 14, 2025:  BSCC provides supporting documentation to Los Angeles County Superior Court.
• April 18, 2025: Judge Espinoza requires Los Angeles County Probation to submit a depopulation plan by May 2, 2025.
• May 1, 2025: Los Angeles County Probation requests reinspection of Barry J Nidorf Juvenile Hall to hold pre-disposition males and Campus Vernon Kilpatrick to hold pre- and post-disposition females.
• May 2, 2025: BSCC requests Operational Program Statements (OPS) for Barry J Nidorf Juvenile Hall and Campus Vernon Kilpatrick. Barry J Nidorf Juvenile Hall is unsuitable as of May 2023 and needs to be reinspected for compliance with nine (9) items of noncompliance to be deemed suitable for housing pre-disposition boys.
  • Campus Vernon Kilpatrick is currently an SYTF that houses only post-disposition boys; the depopulation plan calls for the facility to house all county females, both pre and post disposition. To do this, the county must establish a juvenile hall and a camp within the facility and BSCC will conduct a preopening inspection to evaluate whether each facility meets all applicable Title 15 and Title 24 regulations.
• May 16, 2025: Judge Espinoza approves the county’s depopulation plan. As such, BSCC will evaluate each facility’s compliance with applicable Title 15 and Title 24 regulations based upon each facility’s intended operations as part of the plan.
• May 27, 2025:  Los Angeles County Probation submits Operational Program Statements (OPS) for Barry J Nidorf Juvenile Hall and Campus Vernon Kilpatrick.
• June 6, 2025: BSCC requests additional information related to the OPS for Campus Vernon Kilpatrick.
• June 9, 2025: Los Angeles County Probation submits compliance plan for Barry J Nidorf Juvenile Hall; no current staffing plan is submitted.
• June 9-11, 2025:  BSCC conducts inspection of Camp Afflerbaugh, finding noncompliance with Section 1371 Programs, Recreation and Exercise.
• June 11, 2025: BSCC requests current staffing assessment plan from Barry J Nidorf Juvenile Hall.
• June 20, 2025:  Los Angeles County Probation submits requested staffing plan for Barry J Nidorf Juvenile Hall.
• June 23, 2025:  Los Angeles County Probation submits requested follow up information related to the OPS for Campus Vernon Kilpatrick.
• July 7, 2025:  BSCC conducts a site visit at Camp Vernon Kilpatrick.
• July 9, 2025:  BSCC provides Technical Assistance for Title 24 physical plant minimum standards for Camp Vernon Kilpatrick and feedback for the staffing plan.
• July 11, 2025:  BSCC provides an updated briefing on the status of the Barry J Nidorf and Camp Vernon Kilpatrick facilities to the Los Angeles Superior County Court, Judge Miguel Espinoza.
• June 24 – July 1, 2025:  BSCC conducts inspections of the Barry J Nidorf Juvenile Hall. As the juvenile hall does not currently house youth, a targeted inspection of the SYTF was conducted.  The juvenile hall remains unsuitable due to three (3) outstanding items of noncompliance and, therefore, the Board is unable to consider suitability at the July 17, 2025, meeting.  Per Welfare and Institutions Code section 209, the county has 60 days to submit a corrective action plan for the SYTF.

The SYTF is out of compliance with the following sections of Title 15:

• • Section 1328 Safety Checks
  • Section 1354.5 Room Confinement
  • Section 1357 Use of Force
• July 28, 2025:  BSCC provides Los Angeles County Probation Title 24 plan review documents for reference for Camp Vernon Kilpatrick and requests additional documentation.
• August 1, 2025:  BSCC receives the Barry J Nidorf SYTF CAP from Los Angeles County Probation for the three items of noncompliance identified in June/July 2025.  The County also stated that the action items identified in the CAP were completed and the SYTF was in compliance with all identified Title 15 sections.
• August 1, 2025:  BSCC receives a CAP for Camp Afflerbaugh from Los Angeles County Probation.
• August 5, 2025:  BSCC approves the Barry J Nidorf SYTF CAP, as well as the Camp Afflerbaugh CAP.
• August 8, 2025:  BSCC receives an inspection request from Los Angeles County Probation for the Barry J Nidorf SYTF, Camp Vernon Kilpatrick and Campus Joseph Paige.
• August 14, 2025:  Los Angeles County Probation notifies BSCC that it intends to move youth from Los Padrinos Juvenile Hall to the Barry J Nidorf Juvenile Hall in alignment with the depopulation plan approved by Judge Miguel Espinoza.  The Nidorf facility remains unsuitable, per the BSCC Board action May 2023.
• September 4-9, 2025:  BSCC conducts an inspection of the Barry J Nidorf SYTF to verify compliance with the CAP.  While two areas on noncompliance were found to be in compliance (Sections 1354.5 Room Confinement and 1357 Use of Force), Section 1328 Safety Checks remains out of compliance.
• October 2, 2025:  Los Angeles County Probation requests a time extension to complete the corrective action plan pursuant to Welfare and Institutions Code section 209, subdivision (d), to November 3, 2025.  (90 days from August 5, 2025, the date BSCC approved the CAP)
• October 3, 2025:  BSCC approves the requested time extension and notifies the County that a subsequent reinspection of the Barry J Nidorf SYTF will be scheduled to occur after November 3, 2025, to evaluate compliance with Section 1328 Safety Checks.
• October 10, 2025: Petition to place the Los Angeles County juvenile facilities into receivership brought by the California Attorney General’s Office in Los Angeles County Superior Court was denied.  Order to Show Just Cause hearings are calendared for October 24, 2025, and November 7, 2025.
• October 16, 2025:  BSCC inspects Camp Vernon Kilpatrick to evaluate the completion of various construction projects designed to allow the camp to house pre- and post-adjudicated female youth at the facility, part of the Los Padrinos depopulation plan.
• November 3, 2025: BSCC receives notification from Los Angeles County Probation that the remaining item of noncompliance identified during the September 2025 re-inspection, Safety Checks (Cal. Code Regs., tit. 15, §1328.), was corrected. BSCC conducts a pre-inspection briefing with the County on November 4.
• November 4, 2025:  While on a pre-planned visit to Los Padrinos Juvenile Hall, BSCC became aware that twelve pre-disposition youth had been moved to Campus Vernon Kilpatrick on November 3.  BSCC receives formal notification of the facility activation on November 4. As of this date, BSCC has not received the required plans from the County for construction projects (to convert the facility from a camp to juvenile hall) to the California State Fire Marshal as required by Title 24 and the requirements related to the facility being constructed with state-issued lease revenue bonds.
• November 4, 2025: BSCC conducts an unannounced inspection of Campus Vernon Kilpatrick and identified several items of noncompliance, and provided notification to Los Angeles County Probation on November 5 that CVK is out of compliance with the following sections of Title 24:

• • Section 13-102(c)3. Operational Program Statement
  • Section 13-201(c)4. Facilities in Existing Buildings
  • Section 13-201(c)6.B(1). Design Requirements: Fire Safety
  • Section 13-201(c)6.B(2). Design Requirements: Suicide Hazards
  • Section 13-201(c)6.B(2)(h). Design Requirements: Suicide Hazards
  • Section 13-201(c)6.B(9). Design Requirements: Security
  • Section 13-201(c)6.B(10). Medical/Mental Health Care Housing and Treatment Space
  • Section 1230.2.10. Security Glazing.

Pursuant to Welfare and Institutions Code section 209(d), a CAP must be provided to the BSCC within 60 days (January 5, 2026.)

• December 3, 2025: BSCC conducts a reinspection of the Barry J. Nidorf SYTF to verify the September 2025 item of noncompliance (Safety Checks, Cal. Code Regs., tit. 15, §1328) was corrected. The inspection team found the item was corrected.
• December 11, 2025:  BSCC conducts an annual targeted inspection of the Barry J. Nidorf SYTF and identifies eight items of noncompliance. Per Welfare and Institutions Code section 209, the county has 60 days to submit a corrective action plan.

The SYTF is out of compliance with the following sections of Title 15:

• • Section 1313 (County Inspection and Evaluation of Building and Grounds)
  • Section 1321 (Staffing),
  • Section 1325 (Fire Safety Plan),
  • Section 1327 (Emergency Procedures),
  • Section 1354 (Separation),
  • Section 1354.5 (Room Confinement),
  • Section 1355 (Institutional Assessment and Plan), and
  • Section 1371 (Programs, Recreation, and Exercise)
• December 16, 2025: BSCC conducts a comprehensive inspection of the Barry J. Nidorf Juvenile Hall and identifies twelve items of noncompliance. Per Welfare and Institutions Code section 209, the county has 60 days to submit a corrective action plan.

The JH is out of compliance with the following sections of Title 15:

• • Section 1313 (County Inspection and Evaluation of Building and Grounds),
  • Section 1321 (Staffing),
  • Section 1325 (Fire Safety Plan),
  • Section 1327 (Emergency Procedures),
  • Section 1354 (Separation),
  • Section 1354.5 (Room Confinement),
  • Section 1455 (Institutional Assessment and Plan)
  • Section 1371 (Programs, Recreation, and Exercise),
  • Section 1343.5 (Room Confinement),
  • Section 1372 (Religious Program),
  • Section 1373 (Work Program), and
  • Section 1391 (Discipline) – eight areas the juvenile hall was previously found noncompliant in and then remedied, but is out of compliance again.
• January 5, 2026:  Los Angeles County Probation submits a corrective action plan for the items of noncompliance identified during the November 2025 unannounced inspection of Campus Vernon Kilpatrick (CVK). All items of noncompliance are required to be resolved within 90 days, or no later than April 4, 2026, pursuant to Welfare and Institutions Code 209, subsections (d)(2)(A).
• March 1, 2026:  BSCC conducts an unannounced site visit to Campus Vernon Kilpatrick and identified four items of noncompliance with Title 15. Per Welfare and Institutions Code section 209, the county has 60 days to submit a corrective action plan.

The Camp, Juvenile Hall, and SYTF  are out of compliance with the following sections of Title 15:

• • Section 1321 (Staffing),
  • Section 1357 (Use of Force),
  • Section 1358.5 (Use of Restraints),
  • Section 1371 (Programs, Recreation, and Exercise)
• March 8, 2026: BSCC conducts an unannounced site visit to Los Padrinos Juvenile Hall. The inspection team spoke informally to youth and staff and provided Technical Assistance.
• March 15, 2026: Los Angeles County Probation submits corrective action plans for the eight items of noncompliance identified during the December inspections at the Barry J. Nidorf SYTF, and the twelve items of noncompliance identified at the BJN JH.  Both CAPS were approved on March 16, and the county must notify the BSCC of completion by June 13, 2026.
• April 4, 2026: Los Angeles County Probation notifies the BSCC that all items of Title 24 noncompliance identified November 4, 2025, were in compliance, with the exception of two remaining items: Section 12-201(c)4. Facilities in Existing Buildings and Section 13-201(c)6. B (1) Design Requirements: Fire Safety, State Fire Marshal clearance not received.
• April 6, 2026: BSCC notifies Los Angeles County Probation that because the Title 24 sections identified in their April 4 notifications remain out of compliance at CVK, the Board will make a determination of suitability at the next scheduled Board meeting, April 16, 2026.