Ja’Ceon Terry would have celebrated his “golden birthday” this year.
The boy, who spent nearly half of his life in the Kentucky foster care system, was supposed to turn 10 years old on August 10 — a milestone double-digit birthday.
This year also marks a much more grim occasion — the two-year anniversary of his death. On July 17, 2022, 7-year-old Ja’Ceon was living at Brooklawn, a residential foster care facility in Louisville, when he was restrained by two staff members until he stopped breathing.
The coroner ruled his death a homicide. But two years later, prosecutors have yet to bring criminal charges against any of the people involved in his death.
KyCIR has contacted the Jefferson County Commonwealth’s Attorney four times in the last year to check on the progress of Ja’Ceon’s case. Each time, they’ve responded with essentially the same answer.
“I can confirm that one of the prosecutors at the Office of the Commonwealth’s Attorney in Jefferson County is still working on reviewing materials, facts, and other components as they relate to Ja'Ceon Terry,” said Erran Huber, the public information officer, in late July. “As this remains an ongoing process, I cannot share additional information beyond the confirmation.”
Until last year, state officials had released very little information about the circumstances surrounding Ja’Ceon’s death. But in July of 2023, the Kentucky Center for Investigative Reporting obtained records that showed his death was not only preventable, but that the facility had failed over and over again to keep him safe.
We found that in his final hours of life at Brooklawn, Ja’Ceon was emotionally abused and left in his room alone for nearly six hours. And when the employees decided to physically restrain him, they did so in violation of several state and facility policies.
After his death, the Kentucky Cabinet for Health and Family Services revoked Brooklawn’s license to operate its psychiatric treatment facilities, the unit where Ja’Ceon lived. His foster parents also sued the facility for wrongful death and reached a private settlement with the company in May of 2023.
Though there seems to be little progress being made in the criminal case, Ja’Ceon’s story is still being told.
In June, Paris Hilton testified before Congress as an advocate for foster care youth. While she was never in foster care, Hilton was placed in four different residential treatment facilities as a teenager. She said she was sexually abused, violently restrained and forcibly medicated during her time there.
“I know from personal experience the harm that is caused by being placed in youth residential treatment facilities,” she said. “Can you only imagine the experience for youth who are placed by the state and don’t have people regularly checking in on them?”
Hilton also spoke about Ja’Ceon and quoted our 2023 KyCIR investigation into his death.
“In his final hours, he was publicly shamed, verbally abused, left in his room alone for nearly six hours and physically restrained by staff members until he lost consciousness. When first responders arrived, there was vomit in his mouth and throat, running down his cheeks and onto the floor,” she said. “Why can’t we as a society see that these kids are hurting? They need love and kindness, not beatings and restraints.”
Throughout the country, residential facilities are home to more that 50,000 foster youth.
In June, the Senate Finance Committee released the results of a two year investigation into some of the nation’s largest operators of residential treatment facilities for children. They found that these facilities lack essential oversight and that they “optimize profit over the wellbeing and safety of children.”
Hilton has helped pass nine state laws that are increasing oversight of residential facilities and said she won’t stop "until America’s youth are safe."
“If you are a child in the system, hear my words,” she said. “I see you. I believe you. I know what you’re going through. And I won’t give up on you.”
