A federal judge on Monday found that U.S. government officials have been giving psychotropic medication to migrant children at a Texas facility without first seeking the consent of their parents or guardians, in violation of state child welfare laws.
U.S. District Judge Dolly Gee in Los Angeles ordered the Trump administration to obtain consent or a court order before administering any psychotropic medications to migrant children, except in cases of dire emergencies. She also ordered that the government move all children out of a Texas facility, Shiloh Residential Treatment Center in Manvel, except for children deemed by a licensed professional to pose a “risk of harm” to themselves or others.
Staff members at Shiloh admitted to signing off on medications in lieu of a parent, relative or legal guardian, according to Gee’s ruling. Government officials defended this practice, saying they provided these drugs only on “an emergency basis” when a child’s “extreme psychiatric symptoms” became dangerous.
The judge didn’t buy this explanation, pointing to testimony from children who said they were given pills “every morning and every night.” Officials “could not have possibly” administered medications to children on an emergency basis every day, Gee wrote.
Children testified in court filings that staff with the U.S. Office of Refugee Resettlement would sometimes not tell them what drugs they were being given or why. They recalled feeling side effects such as nausea, dizziness, depression and weight gain. Some reported being forcibly injected with drugs, and others said they felt that refusing medications would cause them to be detained longer.
“I witnessed staff members forcefully give medication four times,” one child held at Shiloh, identified as Isabella M., said. “. . . Two staff members pinned down the girl . . . and a doctor gave her one or two injections.”
Isabella was prescribed multiple psychotropic medications at Shiloh, including topiramate, without her mother’s consent, according to an April court filing. “Nobody asked me for permission to give medications to my daughter, even though the staff at Shiloh has always had my telephone number and address,” the mother testified.
The mother said Isabella’s anxiety medications were causing her to tremble and feel nervous. Isabella “tells me that she has fallen several times,” her mother testified, “because the medications were too powerful and she couldn’t walk.”
The Shiloh Residential Treatment Center, the judge ruled, violated a long-standing settlement that set strict standards for detaining immigrant children, including those who crossed the border unaccompanied and those who were separated from their parents. The 1997 Flores agreement requires the government to place children in the “least restrictive” setting appropriate to their age and any special needs.
Plaintiffs on behalf of immigrant children showed Shiloh violated this standard in part because it is a locked facility with 24-hour surveillance and monitoring and engages in practices that are “not necessary for the protection of minors or others,” the judge wrote. Shiloh is one of many shelters contracted by the U.S. Office of Refugee Resettlement to house immigrant children.
There is evidence that several children were not allowed to have any private telephone calls at Shiloh, Gee wrote. One minor, identified as Julio Z., said Shiloh staff refused to let him and other children leave their living areas to get drinking water. When Julio tried to step out to get water on one occasion, a staff member allegedly threw him to the ground, injuring his elbow.
The judge ordered Shiloh to stop using any unessential security measures, such as denying children drinking water, and demanded officials allow children at Shiloh to speak privately over the phone.