Allegheny County Council to sue over reopening of juvenile detention center

Allegheny County Council voted Tuesday to sue to determine if council has a say in the future reopening of the county’s juvenile detention center.

Last week, Allegheny County’s court system announced that Latrobe nonprofit Adelphoi will take over providing juvenile detention services at the Shuman Juvenile Detention Center as soon as January. Shuman has been closed since September 2021 after the Pennsylvania Department of Human Services revoked its license over a history of violations and investigations.

Council voted 9-4 with two abstentions to direct the council solicitor to file a suit against the Allegheny County Executive and/or the Fifth Judicial District Court of Common Pleas seeking a judgment over the use of the Shuman Center site.

Council President Pat Catena, D-Carnegie, said the county council solicitor will be compelled to research material to file a lawsuit on council’s behalf. He said there is no timeline for how long that could take.

Allegheny County Councilwoman at-large Bethany Hallam, D-Marshall-Shadeland, said the lawsuit is about following the county’s charter and ensuring that county council is given its rightful authority over decisions involving county-owned property.

She said the courts and Allegheny County executive’s office are conspiring to supersede Allegheny County Council’s authority.

“All that had to be done was this issue was brought in front of council for a vote,” Hallam said. “They know what they are doing is wrong, and they know what they are doing is illegal. … The courts cannot give away county property as they see fit.”

According to the legislation, County Council has a history of authorizing contracts involving county-owned property and councilmembers believe they should have a say in authorizing any future contracts at Shuman, which is located in Pittsburgh’s Lincoln-Lemington neighborhood.

Allegheny County Councilman at-large Sam DeMarco, R-North Fayette, voted against the bill. He said he believes council doesn’t have authority over what companies county entities choose to hire. He said the disagreement represented more of a “food fight” that council is having with another entity.

Amie Downs, spokeswoman for Allegheny County Executive Rich Fitzgerald, said the office does not comment on pending, legal matters as policy.

The Adelphoi contract to operate at Shuman is for five years and worth $73 million, according to Public Source.

President Judge Kim Berkeley Clark spoke at the meeting and said it was necessary to bring Shuman back online in order to enhance Allegheny County’s public safety. She said the county lacks adequate detention beds for arrested youths, particularly those charged with violent crimes and gun offenses. She said those arrested are returned home with electronic monitoring and the accused are regularly removing the electronic monitoring.

Clark shared an anecdote of a youth charged with a shooting and released on electronic monitoring. The youth removed the electronic monitoring, and then two weeks later was charged as an adult in another shooting.

“If we continue to delay, more children will be harmed and our communities will continue to be unsafe,” Clark said.

Clark did not address concerns of county council’s authority involving county-owned property.

Hallam called Clark’s presence in council “highly unethical” considering that the lawsuit will be brought in front of the Allegheny County Court of Common Pleas, which she oversees.

A lawsuit could bring a delay to reopening Shuman.

Politically, any delay of the Adelphoi’s contract implementation might benefit a future county executive administration. Shuman could reopen as soon as January , if not delayed.

Both county executive candidates — Democrat Sara Innamorato and Republican Joe Rockey — have said they oppose a private operator running Shuman. One will be in charge of the executive’s office come January.