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Celebrating 40 Years of Working Together for Youth Justice and Safety
September 8, 2014 Posted by

This post appears courtesy of Robert L. Listenbee, Administrator of the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs.

On September 7, 1974, the Juvenile Justice and Delinquency Prevention Act was signed into law. This landmark legislation established the Office of Juvenile Justice and Delinquency Prevention and forever changed the way states and communities deal with at-risk youth and those who are involved in the juvenile justice system.

Thanks to the hard work and enlightened vision of our Office’s many partners in the juvenile justice field, I am happy to report that our nation has made significant strides in ensuring justice and safety for youth, families, and communities.

Today, violent crime arrest rates for youth are at their lowest point since at least 1980. Between 1997 and 2011, the population of youth in residential placement declined by 42 percent, and the number of youth in residential placement for committing status offenses like violating curfew, running away from home, and underage drinking has decreased by 64 percent.

States are enacting policies and strategies to promote alternatives to incarceration, divert youth from detention and secure state-run facilities,  and reinvest in community-based services because research has shown that youth who have committed nonviolent offenses are better served—and public safety is more effectively promoted—through community-based services rather than detention and incarceration.

While this progress is certainly cause for celebration, we must continue to vigilantly address the challenges ahead and seize the opportunities before us to improve outcomes for youth while maintaining public safety 

One major challenge we continue to face is that two out of every three youth in the United States who are currently in custody are there for nonviolent offenses. Another challenge to be addressed is the rate of confinement for minority youth. Nationwide, the residential placement rate for black youth in 2011 was nearly five times the rate for white youth. The rate for American Indian/Alaska Native youth was more than three times and the rate for Hispanic youth was nearly twice that for white youth.

At the same time, recent advances in scientific and evidence-based practices have given us a clear roadmap for reform. Research has shown that most youth grow out of risk-taking behavior as they mature. Because their brains are still developing, young people are more capable of rehabilitation than adults. We have also realized that many youth who come into contact with our juvenile justice system have long histories of exposure to violence, crime, and abuse. We understand far more now than we did even five years ago about the effects of trauma on the developing brain and how best to intervene in a child’s life before permanent damage can be done.

We are very optimistic about what lies ahead. We embrace the rising tide of system reform and transformation we are seeing in states across our nation. Our Office is working vigorously with all of our partners in the field to more fully incorporate the science of adolescent development and trauma into juvenile justice reform.

Let us continue to build on this momentum.

Working together, we will forge a future in which justice and safety are a fact of life for all our nation’s children.   

For additional 40th anniversary resources from OJJDP, visit www.ojjdp.gov/JJDPAis40.html

Attorney General Holder Visits Ferguson, Missouri
August 22, 2014 Posted by

This post appears courtesy of Attorney General Eric Holder

To see a photo gallery of Attorney General Holder’s trip to Ferguson, click here.

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Attorney General Eric Holder speaks with community members at Drake’s Place restaurant.

On Wednesday, I visited Ferguson, Missouri, to be briefed on the ongoing federal civil rights investigation into the August 9 shooting death of Michael Brown – an investigation I launched more than a week ago.  During the course of my visit, I met with law enforcement and community leaders, and had a series of constructive discussions about the importance of maintaining peace, averting future acts of violence and vandalism, and ensuring public safety—as well as the need for outreach and engagement to rebuild a fractured trust between law enforcement and the community it serves.

I will continue to get regular updates and to closely monitor the situation as it unfolds.  And although our investigation will take time, the people of Ferguson can have confidence in the federal investigators and prosecutors who are leading this process.  Our investigation will be fair, it will be thorough, and it will be independent.

My visit to Ferguson affected me greatly.  I had the chance to meet with the family of Michael Brown.  I spoke to them not just as Attorney General, but as a father with a teenage son myself.  They, like so many in Ferguson, want answers.

As the brother of a retired police officer, I know firsthand that our men and women in uniform perform their duties in the face of tremendous threats and significant personal risk.  They put their lives on the line every day, and they often have to make split-second decisions.

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Attorney General Eric Holder receives a briefing on the ongoing investigation into the death of Michael Brown.

But in my conversations with dozens of people in Ferguson, it was clear that this shooting incident has brought to the surface underlying tensions that have existed for some time; tensions with a history that still simmers in communities across the country.  The national outcry we’ve seen speaks to the sense of mistrust and mutual suspicion that can sometimes take hold in the relationship between law enforcement officers and their constituents.

In traveling to Ferguson, I wanted the residents of the town to know that the Justice Department is firmly dedicated to seeing that justice is served, and to assisting the community as it works to rebuild trust and forge strong relationships with law enforcement.  Above all, I wanted to make clear that, while so much else may be uncertain, this Attorney General and this Department of Justice stand by their side.

I hope the relative calm that we witnessed last night can be enduring.  To a person, the people I met in Ferguson take great pride in their town.  They want a resolution.  And despite the mistrust that exists, they reject the violence we’ve seen over the past couple of weeks.  In that sense, while I went to Ferguson to provide reassurance, in fact, they gave me hope.

My commitment to them is that, long after this tragic story recedes from headlines, the Justice Department will continue to stand with Ferguson.  We will continue to investigate this shooting, and to help the community work toward healing.  And we will continue the conversation this incident has sparked about the need to build trust between law enforcement officers and the communities they serve; to use force appropriately; and to ensure fair and equal treatment for everyone who comes into contact with the police.

Protecting Borrowers from Credit Discrimination in All Forms
August 1, 2014 Posted by

This post appears courtesy of Greg Friel, Deputy Assistant Attorney General for Civil Rights

The Department of Justice has worked vigorously and effectively to protect American consumers, ensure fair treatment for struggling borrowers, and seek justice for victims of discriminatory lending practices.  The Civil Rights Division’s Housing and Civil Enforcement Section and its Fair Lending Unit enforce the federal fair lending laws, including the Equal Credit Opportunity Act (ECOA), Fair Housing Act (FHA), and Servicemembers Civil Relief Act (SCRA).  This week, we submitted our annual report to Congress on our activities to enforce these laws and protect borrowers from any credit discrimination in any form.

In the four years since the Fair Lending Unit was established, the division has filed or resolved 34 lending matters under ECOA, FHA, and SCRA.  This year’s enforcement actions bring the total amount for the settlements in these matters to over $1 billion in monetary relief for impacted communities and individual borrowers.  These cases include the record $335 million settlement of a 2011 lawsuit against Bank of America for the activities of Countrywide Financial and the $234 million settlement of a 2012 lawsuit against Wells Fargo Bank.  At the core of the Countrywide and Wells Fargo complaints was a simple story:  if you were an African-American or a Hispanic borrower, you were more likely to be placed in a high-cost subprime loan or pay more for your mortgage loan than a similarly-qualified white borrower.  After these and other settlements were entered, the division worked aggressively to locate victims of the alleged discrimination and ensure they were compensated in a timely manner.

The division’s fair lending enforcement efforts expand beyond mortgage lending to protecting borrowers from any form of credit discrimination.  In December 2013, the division reached its largest ever auto lending settlement when Ally Bank and Financial Inc. agreed to pay $98 million for pricing discrimination in its automobile lending practices.  The settlement provided $80 million in direct relief to African-American, Hispanic and Asian/Pacific Islander borrowers who were charged higher interest rate markups on auto loans than white borrowers with similar creditworthiness.  The division continues to investigate potential discrimination based on race, national origin and gender in the setting of discretionary pricing in indirect automobile and motorcycle lending. 

Collaboration, cooperation and partnership are critical to all we have accomplished.  Much of our fair lending enforcement is done in conjunction with the banking regulatory agencies, including several joint enforcement actions with the Consumer Financial Protection Bureau.  From 2009 to 2014, the bank regulatory agencies, the FTC and HUD referred a total of 147 matters involving a potential pattern or practice of lending discrimination to the Justice Department.  Seventy-three of the 147 matters involved race or national origin discrimination, a combined total that is far higher than the 30 race and national origin discrimination referrals the division received from 2001 to 2008.  We have also had great success in partnering with state attorneys general.  In January 2014, we partnered with the North Carolina Attorney General’s office to investigate and eventually bring the division’s first case alleging reverse redlining in auto lending. 

The division’s efforts over the past four years have made clear that the Justice Department will hold financial institutions, regardless of size and market share, accountable for lending discrimination in any form.  While many lenders are making every effort to develop sound policies and eliminate or reduce the discretion that led to many of the abuses of the past, others are exploring new ways to exploit the most vulnerable and underserved in our communities.  In the coming year, we will continue to enhance and refine the collaboration established over the last several years with our governmental partners and will continue to root out any new insidious methods that may perpetuate segregation or restrict access to fair and equal credit.

POSTED IN: Civil Rights Division  |  PERMALINK
Celebrating 24 Years of the ADA – Keeping School Doors Open to All
July 24, 2014 Posted by

This post appears courtesy of Eve Hill, Deputy Assistant Attorney General for Civil Rights

Victor Hugo wrote, “He who opens a school door, closes a prison.”  The Civil Rights Division enforces federal civil rights laws to keep school doors open to all students and prevent discrimination on the basis of disability.  The Civil Rights Division enforces Title II of the Americans with Disabilities Act (ADA) to require schools, as well as localities and state agencies that provide educational services, to guarantee an equal opportunity for students with disabilities.  This guarantee is essential for these students to take advantage of the educational programs, services and activities that provide life-long benefits.  On the 24th Anniversary of the ADA, we celebrate the countless ways in which that landmark legislation has improved the lives of students with disabilities. 

The division has a multi-faceted enforcement strategy to help assure an equal opportunity for students with disabilities at school.  Through briefs and statements of interest filed in federal courts across the country, we have sought to ensure that schools and colleges meet their obligations and address discrimination faced by students with disabilities – from the failure to provide services to which students with disabilities are entitled to protecting students with disabilities from bullying.          

The division strives to end policies that discriminate against children based upon myths, fears and stereotypes about what children with disabilities can do.  These myths and stereotypes sometimes lead schools to reject students with disabilities, to assume they should be placed in special schools or classes or to deny them accommodations.  We work to ensure schools and others involved in education live up to their obligations to include and accommodate students with disabilities.  This includes providing accommodations on higher education entrance examinations and ensuring college instructional materials are accessible.

We are working to support students with disabilities who find themselves forced out of school doors as a result of inappropriate discipline, over-use of suspension and expulsion and “zero tolerance” for behavior infractions.  For some students, forcing them out the school door means literally moving them into a jail cell.  These students must have the opportunity to gain the knowledge and life skills they need to grow and thrive as independent adults.  In an effort to eliminate this “school to prison pipeline” for students with disabilities, we engage and negotiate with school districts to change discipline policies that discriminate on the basis of disability.  And even when students with disabilities are incarcerated, we work to ensure that they receive educational services so they can return to their communities better prepared to participate and contribute.

When students with disabilities face harassment or bullying on the basis of their disability, they are often unable to learn because they feel anxious, threatened or in danger.  Such harassment often causes irreparable damage to a student’s self-esteem and the stigma from disability-based harassment may last a lifetime.  The division is investigating complaints, negotiating comprehensive agreements with schools to address harassment and working with federal, state and local partners to develop policies to help end harassment. 

The ADA has opened many doors for many people over the past 24 years, and the division recognizes, as Albert Einstein noted, “that knowledge of what is does not open doors directly to what should be.”  We are fighting each and every day to push open doors on the path to “what should be” for all students with disabilities across the country.

POSTED IN: Civil Rights Division  |  PERMALINK
Celebrating Enforcement of the ADA: An Anniversary Week Blog
July 24, 2014 Posted by

“The Department of Justice is working towards a future in which all the doors are open – to equality of opportunity, to independent living, to integration and to economic self-sufficiency – for everyone, including people with disabilities.”  Eric Holder, Attorney General 

People with disabilities have long faced barriers to full participation in society.  For the past 24 years, the Civil Rights Division has made protecting the rights of people with disabilities a top priority by enforcing the Americans with Disabilities Act (ADA).  The ADA prohibits discrimination on the basis of disability in more than seven million places of public accommodation nationwide, and all operations of more than 90,000 units of state and local governments.  Our aggressive enforcement of the ADA touches the lives of people with disabilities and their families in many ways. 

Today, in honor of the 24th anniversary of the ADA, we highlight some of the ways the division is ensuring that technology improves access instead of creating new barriers for individuals living with disabilities.  

The explosion of new technology has dramatically changed the way America communicates, learns and does business.  For many people with disabilities, however, the benefits of this technology revolution remain beyond their reach.  Websites for many businesses and government entities remain inaccessible to people with vision or hearing disabilities.  Fortunately, websites and digital technologies can be made accessible, much like adding ramps to building entrances.  Electronic documents, websites, and other electronic information can be accessible to blind people and other people with disabilities through common computer technology.  Examples include “screen reader” programs which read electronic documents aloud, refreshable Braille displays, and keyboard navigation and captioning.  The Civil Rights Division is working to ensure that people with disabilities are not left behind as new technology continues to emerge. 

Last week, the Justice Department announced that it reached a settlement with the Orange County Clerk of Courts in Florida to remedy violations of the ADA involving accessible technology.  The settlement resolves allegations that the Clerk of Courts failed to provide an attorney who is blind with electronic court documents in an accessible format readable by his screen reader technology.  

Under the ADA, state and local courts must make their programs, services, and activities accessible to qualified individuals with disabilities.  The official court record is a program, service, and activity of the court and, therefore, needs to be made accessible.     

Under the settlement agreement, the Clerk of Courts will provide individuals with disabilities with any document in the official court record in an accessible format upon request.   The settlement agreement also ensures that the Clerk of Courts’ website is accessible in accordance with the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA (http://www.w3.org/TR/WCAG20/).  Further, the Clerk of Courts will pay $10,000 in damages and receive training on the ADA and WCAG 2.0 AA requirements. 

Another recent consent decree resolving allegations by the Department of Justice relating to accessible technology involves H&R Block’s website and mobile applications.   

As one of the largest tax return preparers in the country, H&R Block offers many services through its website (www.hrblock.com) and its mobile apps, including tax preparation, instructional videos, office location information, live video conference/chat with tax professionals, online and in-store services and electronic tax-return filing. 

Last December, the Justice Department intervened in the lawsuit National Federal of the Blind et al. v. HRB Digital LLC et al. to enforce Title III of the ADA.  The department’s complaint alleged that H&R Block failed to make its website accessible to individuals who have vision, hearing and other disabilities.  

Under the terms of the five-year consent decree negotiated by the parties, H&R Block’s website, tax filing utility and mobile apps will conform to WCAG 2.0 Level AA and the website will be accessible for the next tax filing season on Jan. 1, 2015.  And in addition to paying $45,000 to the two individual plaintiffs and a $55,000 civil penalty, H&R Block will: appoint a skilled web accessibility coordinator; initiate training on accessible design for its web content personnel; evaluate employee and contractor performance based on successful web access; and hire an outside consultant to prepare annual independent evaluations of H&R Block’s online accessibility. 

As Carmen Ortiz, the U.S. Attorney for the District of Massachusetts and a partner on this consent decree, explained, “For those with disabilities, an inaccessible website puts them at a great disadvantage and further perpetuates a feeling of dependence and reliance on others.  With thoughtful and proper web design, businesses and organizations can have a great impact on the daily lives of people with disabilities who, like everyone else, seek to enjoy the benefits of technology.”

POSTED IN: Civil Rights Division  |  PERMALINK
Celebrating 24 Years of the ADA – Gateway to the Community
July 23, 2014 Posted by

This post appears courtesy of Eve Hill, Deputy Assistant Attorney General for Civil Rights

TUESDAY:  Gateway to the Community

This week, in honor of the 24th anniversary of the ADA, we recognize and celebrate the different doorways that the ADA is opening up to people with disabilities.  Today, we highlight the ADA as a doorway to the community.

With the enactment of the ADA, Congress provided a clear and comprehensive national mandate to eliminate discrimination against individuals with disabilities.  Consistent with this, the Civil Rights Division works to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for people with all types of disabilities.  In short, we work to provide people with disabilities with meaningful opportunities to live life to their fullest potential.

Over the past year, we have continued our aggressive efforts to enforce the Supreme Court’s decision in Olmstead v. L.C., which recognized that the civil rights of people with disabilities are violated under the ADA when they are unnecessarily segregated from the rest of society.  Under the ADA, states are required to avoid unnecessarily placing persons with disabilities in institutions and to ensure that they receive services in the most integrated setting appropriate to their needs.  In this administration, the division has engaged in Olmstead enforcement activities in approximately 45 matters in 24 states on behalf of children and adults with physical, mental, and developmental disabilities who are in or at risk of entering segregated settings, including state-run and private institutions, nursing homes, board and care homes, and sheltered workshops.  Just last year, we participated in 18 Olmstead matters across the country.  Under statewide settlement agreements we have reached in eight states, over 46,000 people with disabilities across the country will have the opportunity to live and participate in their communities.

One of the most recent examples of our work ensuring community integration of adults with serious mental illness was in New Hampshire where the department finalized an agreement with the state to significantly expand and enhance its capacity to address the needs of over three thousand adults with serious mental illness in integrated community settings.  The agreement requires New Hampshire to create mobile crisis teams and community crisis apartments throughout the state as an alternative to more restrictive settings; to increase Assertive Community Treatment teams; to provide much more supported housing that is scattered throughout the community; and to significantly increase the number of people receiving integrated supported employment services in New Hampshire.

All of the decree requirements will foster the independence of people with serious mental illness and enable them to participate more fully in community life.  The expanded community services will significantly reduce visits to hospital emergency rooms and will avoid unnecessary institutionalization at state mental health facilities, including New Hampshire Hospital (the state’s psychiatric hospital) and the Glencliff Home (the state nursing home for people with mental illness).  Recently, the governor of New Hampshire signed into law a funding bill that will enable the state to implement the terms of the decree.  The new law authorizes approximately $9 million in additional mental health funding through next summer and commits the state to over $64 million in additional mental health funding through state fiscal year 2018.  Click here for more information.

To find out more about DOJ Olmstead enforcement work, visit the Olmstead: Community Integration for Everyone website, and visit our Faces of Olmstead website to read about some of the individuals whose lives have been improved by the Olmstead decision and the department’s Olmstead enforcement efforts.  For more general information on the Americans with Disabilities Act, visit ADA.gov, or call the toll-free ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TTY).

 
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