Mar 19, 2026
A coalition of civil rights organizations has filed a federal class action lawsuit alleging that Colorado is unlawfully detaining hundreds of children in juvenile detention facilities instead of providing the community-based services they are legally entitled to receive.
The lawsuit, filed by Disability Law Colorado, the American Civil Liberties Union (ACLU), ACLU of Colorado, Children’s Rights, and pro bono attorneys with Ropes & Gray LLP, claims that many young people remain confined for weeks or months even after judges have approved their release.
According to the complaint, the majority of these youth have disabilities, and many are involved in the foster care system. Rather than receiving appropriate care in their communities, they are held in highly restrictive, jail-like environments due to a lack of available placements and services.
The lawsuit describes conditions inside Colorado’s Division of Youth Services (DYS) facilities as unsafe and harmful. Youth reported the use of physical restraints, isolation, and other punitive measures. Some described being injured during restraint incidents, while others reported witnessing excessive force and verbal abuse.
One named plaintiff, a 17-year-old, has remained in detention for nearly two months despite a court ruling that he could return home. During that time, he witnessed violent restraint incidents and continued to wait for services that already exist in the community.
“Youth with disabilities are among the most vulnerable in detention facilities and face some of the greatest harm when systems fail,” said Emily Harvey, Co-Legal Director at Disability Law Colorado. “This lawsuit underscores Colorado’s failure to provide the community-based services these children need.”
The lawsuit names Governor Jared Polis and the Executive Director of the Colorado Department of Human Services as defendants and seeks to end the state’s practice of detaining youth who could safely be served in the community.
Advocates argue that detention not only harms young people, but also undermines long-term outcomes, increasing the likelihood of reoffending and disrupting education, treatment, and family connections.
Disability Law Colorado and its partners are calling for systemic reforms to ensure that children receive appropriate, community-based care instead of being unnecessarily confined.
Read the full complaint: Download the filed complaint (PDF)
Read the full press release: View the press release (PDF)
