This Memorandum of Agreement (MOM) addresses the practices of the Juvenile Court of Memphis and Shelby County (JCMSC) in its administration of juvenile justice and conditions of confinement for detained youth. Agencies involved in detaining youth should read this document in order to evaluate their own practices and deal with deficiencies that may exist. This document is divided into eight parts: introduction; definitions; substantive remedial measures—due process, DMC and equal protection, and protection from harm in the detention facility; community outreach; technical assistance; implementation and monitoring; enforcement and termination; and general provisions regarding policies and procedures and reporting requirements. “On April 26, 2012, the United States issued its Report of Findings, which concluded that there was reasonable cause to believe that JCMSC failed to protect the constitutional rights of Children appearing before it on delinquency matters by failing to provide constitutionally required due process, administer justice in a non-discriminatory manner, and provide reasonably safe conditions of confinement. JCMSC immediately responded by expressing its intention to thoroughly address each of the United States’ conclusions and to promptly correct any deficiencies in the areas of due process and conditions of confinement. Any deficiencies in the equal protection accorded to Children appearing before JCMSC will be addressed; however, JCMSC sought to maintain non-discriminatory practices in its administration of justice. JCMSC has actively pursued and participated in multiple efforts to reduce disproportionate minority contact (“DMC”) for several years” (p. 3).
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Memorandum of Agreement Regarding the Juvenile Court of Memphis and Shelby County