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The difference between room restriction and solitary confinement is when you are in solitary confinement, the expectation is that you are completely isolated from everyone else, he added.He said if kids are kept in those single cells in the North Pod, it is not isolation because they can communicate with other kids through the doors."The youth are yelling at each other back and forth between the cells. Youth from over here are yelling at youth from over there. There's kids out in the day room, they're talking through the doors to these folks, so it's not as if they are isolated down in a hole somewhere," Anderson said.Clark was shocked when he heard that argument. "That's not going to stand up to any kind of scrutiny with anyone except the Department of Children's Services," Clark said. "The ability of children to scream at each other through the cell walls provides this facility with the argument they are complying with regulations." "I've got an argument that what they are doing is still unconstitutional," Clark added.Brown said seeing other kids outside their cells in the day-room area could make the kids locked in their cells feel even more isolated."That sense of isolation, of being apart from everyone else, may even be heightened by having other people doing things that they are not permitted to be doing," Brown said.WTVF obtained a 2018 email to Anderson with the subject "VISIT" after a DCS inspection of the Middle Tennessee Juvenile Detention facility.Inspectors wrote, "They are still using window covers," which prevented juveniles from even seeing out of their cells and into the common area."We were not happy with the window covers," Anderson said. "For us, that felt like isolation because they no longer had access to communicating with youth when they were in the day room."Anderson said the facility stopped using the window covers, but the photos obtained by WTVF show the covers still attached near the windows on the cell doors.Clark believes a state law needs to define what solitary confinement is, and that it should not be left up to DCS. But the department has worried a strict law could force them to stop using several older facilities."That was the elephant in the room when we were making these rules a couple of years ago," Anderson said. "If we were completely stringent on how we define seclusion, then there's quite a few of those facilities that would be out of compliance the minute those rules went into effect."Several detention centers DCS uses are privately owned. Middle Tennessee Juvenile Detention’s powerful owners include current state Rep. David Byrd. Other owners are a former state representative, Gene Davidson, who was once House majority leader, and the wife of a current circuit court judge. The state pays the facility 2 "per child per day." At full capacity, that's more than .7 million a year."We have had several facilities in the past that have had a connection to very important people and we have made it very clear that does not matter to us," Anderson said.But, so far, attempts to pass a state law defining solitary confinement have failed. Anderson said he's surprised that Davidson County Juvenile Court is criticizing Middle Tennessee and said some of their expectations are unrealistic."Davidson County has areas where youth can go and be outside their cells for a long period of time. Middle Tennessee just doesn't have that," Anderson said.Juvenile court officials argued that all that time locked inside their cells makes kids more stir crazy and more prone to vandalism — or worse."It's not a great feeling when you know that your hands were involved with a kid having to sit in seclusion in a cell in Maury County," Gray said. "How is that treatment and rehabilitation? It's not."This story was originally published by 3823

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