Nearly half of the 63 guards at the Hawai'i Youth Correctional Facility have been trained in a new policy on the use of force that is intended to reduce the injury and abuse of young wards, state lawmakers learned yesterday.

A U.S. Department of Justice report and lawsuits by the American Civil Liberties Union of Hawai'i have cited the physical abuse of wards as a significant danger at the Kailua facility. In the past, guards apparently have had different degrees of training and often have used their own instincts when deciding the amount of force needed to contain wards, leading to unpredictable and occasionally violent confrontations, the report said.

The new policy, known as "Handle With Care," trains guards on the verbal and physical tools to prevent a crisis and stresses a method of restraint designed to limit pain and injury. The technique essentially teaches guards to subdue wards by locking the wards' arms from behind and pressing down on the middle of their backs.

State House and Senate lawmakers held the last of four planned informational briefings about conditions at the facility yesterday, as administrators testified about the challenges of quickly making improvements. State Rep. Sylvia Luke, D-26th (Punchbowl, Pacific Heights, Nu'uanu Valley), chairwoman of the House Judiciary Committee, said another briefing is possible once the Justice Department issues its conclusions about how the state has responded to its report.

SUBPOENAS LIFTED

Administrators had been subpoenaed last week to testify under oath but the subpoenas were lifted before yesterday's 6 1/2-hour briefing because some of the administrators also may have to testify in court in connection with the ACLU's lawsuits. Lawmakers wanted the administrators to be able to speak without worrying about potential legal issues.

Staff at the facility, speaking under oath, told lawmakers last week that the physical abuse against wards has subsided but that verbal and psychological abuse continues. A pediatrician and a registered nurse practitioner also said their complaints about abuse were largely ignored by Gov. Linda Lingle's administration.

Lillian Koller, director of the state Department of Human Services, challenged that claim yesterday, telling lawmakers she twice responded in writing to a complaint from the nurse. The nurse, Linda Hadley, said afterward she did not recall receiving anything from Koller, but Koller showed a reporter copies of her letters.

POLICY CONFUSION

Some teachers, social workers and guards testified last week that the new policy on force has made some guards hesitant, causing more ward-on-ward attacks and leaving some staff afraid for their safety. Some described a facility where the balance of power seemed to be moving from the guards to the wards.

State Rep. Alex Sonson, D-35th (Waipahu, Crestview), the chairman of the House Human Services Committee, asked Nancy Emmert, a Mainland consultant who recommended the new policy, whether guards might now be confused about whether they can hit wards in self-defense, or to prevent or break up an assault.

Emmert said guards can use the amount of force necessary to control a situation but should not strike wards. The state adopted the "Handle With Care" policy in response to the Justice Department's report. "You can't hit kids, OK?" she said.

Kaleve Tufono-Iosefa, the facility administrator, said 31 guards had received training and that she hoped to complete the rest of the training by December. She told lawmakers the new policy was one part of a change in practices at a facility that could take another two years to reform. "The process is going to take a long time, folks," she said.

State Rep. Cynthia Thielen, R-50th (Kailua, Mokapu), demanded to know why leaders of United Public Workers, the union that represents the guards, had not been called to testify. Although administrators said they have made progress with the union on changes at the facility, Thielen said the union has not been asked why it has defended violent guards.

"Why is the union not across the table answering questions?" Thielen asked.

Luke said during a break that union leaders had been invited to testify but did not respond and were not subpoenaed. She said she would ask the union — and the ACLU — to appear at any briefing following the Justice Department's conclusions.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.