Colorado Locks Up Kids in Jail-Like Detention Despite Court Orders to Release Them

Tony S., a 12-year-old boy with autism and cognitive impairments, has been locked up in a Colorado juvenile detention center for over six months — even though a judge ruled he should be released to a foster home or community services. Tony’s story is not unique. He is a named plaintiff in a class-action lawsuit filed by the ACLU and advocacy groups exposing Colorado’s systemic failure to release children from detention despite court orders.

The state’s Division of Youth Services (DYS) facilities resemble adult prisons more than places for rehabilitation. Barbed wire fences, locked doors, and cell-like bedrooms with only a bed and plastic chair define these centers. Overhead lights stay on all night so staff can watch kids through cell door windows. Children as young as 12 are handcuffed when leaving the building—including to attend court hearings—and subjected to strip searches and violent restraints.

Inside, kids describe their days as filled with despair, loneliness, and crushing boredom. One 12-year-old spent spring break with nothing to do besides teaching himself card tricks because there were no classes or activities. Education is minimal and lumped together for all kids aged 12 to 17, further stifling development.

This unlawful detention violates the Americans with Disabilities Act and the Fourteenth Amendment’s protections against unjust confinement. Kids with disabilities and those in foster care are especially vulnerable to being held in these harsh conditions simply because Colorado cannot or will not find community-based placements.

Research shows that time in detention causes lasting harm—physical, neurological, psychological, social, and academic. It disrupts education, fractures relationships, and increases the likelihood that children remain trapped in the system. Yet Colorado, fully aware of these harms, continues to prioritize incarceration over investment in community supports.

Colorado is far from alone. Nationwide, states routinely jail kids because it is easier and cheaper than providing adequate foster care or therapeutic services. A recent bipartisan Congressional report and proposed legislation in Tennessee highlight this grim reality, where foster children face detention due to shortages of placements.

Children belong in communities—not cages. They should be in school, with family, at sports practice, or simply playing with friends. This lawsuit sends a clear message to Colorado and states across the country: the abuse of vulnerable children in detention centers will not be tolerated. Immediate action is needed to end unlawful confinement and invest in real supports that keep kids safe and free.