(Editor’s note: This story contains allegations of sexual abuse of children. If you suspect that a child has been abused, call 800-652-1999 or report online.)

Nebraska’s child welfare watchdog has launched an investigation and the governor has promised accountability after multiple allegations surfaced in recent weeks of staff sexually abusing teenagers at a state-run center in Kearney.

The developments, along with a new court order and the emergence of allegations from yet another teen, offered the latest indication that the issues at the Kearney Youth Rehabilitation and Treatment Center could be systemic.

“The concern for the Court is not solely that the abuse happened, but the systematic minimization, concealment, and disregard by those in charge of his care,” Douglas County Juvenile Court Judge Amy Schuchman wrote earlier this week in an order directing the state to release one of the teens early.

The initial allegations, revealed in court hearings and documents, involved four Kearney YRTC employees and three teenage boys. Douglas County Public Defender Tom Riley said one more teen has since shared allegations against one of the employees. 

Five teens have been moved out of the Kearney center since Sept. 1 as a result of allegations, according to the Nebraska Department of Health and Human Services, which operates Kearney and two other centers for juvenile offenders.

Jay Wilson, president of the union that represents youth security staff at YRTC, said FOP 88 wasn’t aware of sexual misconduct being a wider problem among its members. The union supports its people, he said, but in no case would it condone the alleged behavior.

“I just hope all the allegations are not true,” Wilson said.

But Kearney YRTC staff who belong to the Nebraska Association of Public Employees — roles like nurses and administrative support staff — have been consistently concerned about a lack of programming, according to Executive Director Justin Hubly. Their concerns have not been addressed by leadership, he said. 

None of the accused are NAPE members, according to Hubly.

A DHHS spokesperson said the hours of daily programming and treatment at the facility are guided by “evidence-based practices.” 

“If the union has concerns, it is encouraged to reach out to DHHS leadership as this is the first time they are hearing of this concern,” spokesperson Alycia Davis wrote in an email.

A spokesperson for Gov. Jim Pillen said that, if accusations are proven true, the employees will be “prosecuted to the fullest extent of the law.” 

“The Governor has made clear to DHHS leadership that he has zero tolerance for such inappropriate and illegal behavior by those entrusted with the safekeeping of juveniles in state custody, and that employees who engage in such behavior should be promptly terminated, along with any managerial staff who were derelict in their supervision,” spokesperson Laura Strimple said in a statement. 

“What is important is that DHHS leadership and law enforcement have taken the appropriate action in these matters,” Strimple added. Pillen, she said, expects those agencies to “carry out the investigations necessary.”

DHHS did not say whether any managerial staff had been fired related to the allegations, but Davis said that the department “is fully complying with the Governor’s directive and will take appropriate personnel action, discipline, or termination, as warranted by investigation results.”

The Nebraska State Patrol has investigated individual allegations, according to court records. But at this time, the patrol is not involved with a larger investigation of the YRTC, said spokesperson Cody Thomas. Attorney General Mike Hilgers declined to comment regarding any potential action by his office. 

Jennifer Carter, the state watchdog for child welfare, said court documents and Flatwater Free Press reporting suggest there may have been one or two cases that weren’t reported to her office — despite legal requirements to do so.

Carter confirmed her office has launched a “full investigation,” which it does when it suspects a potential trend that extends beyond an individual case.

“We had been alerted to certain things before the story,” she said, referring to Flatwater’s previous reporting, “but every new piece of information confirms this is something we need to be taking a close look at.” 

DHHS has provided materials and documents to Carter’s office related to those cases and will continue providing all necessary information, Strimple said.

“The YRTCs have been forthcoming as we start our investigation,” Carter said. 

DHHS is also doing its own “thorough review” of the allegations, according to Davis, “to ensure there are no gaps in reporting procedures or protocols.”

She also confirmed that the department has already made some changes. It is instituting more unscheduled checks, more closely monitoring video surveillance and is implementing more staff training, including “appropriate boundary education, supervisor training, and reporting requirements.” 

State Sen. Brian Hardin, who chairs the Health and Human Services Committee, said he has been in touch with Carter’s office, DHHS and the State Patrol about the situation.

“Clearly, I don't think that the department went out and put up a Craigslist ad that said, ‘Hey, I would like to hire a miscreant reprobate to have inappropriate relationships with youth at a rehab facility,’ but it's clearly unacceptable; it's ridiculous,” Hardin said. “And so, I know that was never their intention. The question is: OK, what happened?”

While Hardin didn’t rule out potential legislative reforms, he said creating a new law isn’t always the best option. In this case, existing laws may have been broken.

Only one of the four employees originally implicated in the allegations has been criminally charged. 

Authorities in September charged Martha Ruiz Palacios, 28, with second-degree sexual abuse of a protected individual, alleging she had sexual contact with a 16-year-old at the youth center. Ruiz Palacios, whose employment ended in August, pleaded not guilty last week. 

Of the other three, two resigned and another was placed on paid suspension. (The Flatwater Free Press is not publishing their names because they have not been charged with crimes.) 

Riley, the Douglas County public defender, had said his office would examine all of its cases involving kids placed in Kearney. As of this week, 15 of those 21 kids had requested hearings to consider relocation, Riley said.

Some have already had hearings. Judges directed the state to move two of the teens, including the one who made additional allegations against Ruiz Palacios in court, Riley said. 

Judges determined that two others will stay in Kearney, Riley said. He’s not happy about that, he said, but “this is not the end of it” — there can be more review hearings if more information comes out.

“It appears to be the position of at least the department — and maybe some judges — that in the absence of showing any contact with these staff members who've been identified, and any allegations by the kids we represent of any inappropriate conduct, that they're going to send them back to Kearney for the time being,” he said.

In the case of another youth, who Riley’s office does not represent, Judge Schuchman issued a strongly worded order this week directing his early release from the YRTC and into lower-level placement.

She found that YRTC staff discovered a note in mid-April with a sexually explicit conversation between the teen and a female staff member. According to the order, the youth then disclosed the relationship, said that the staff member had touched his penis on the outside of his clothing and said that there had been “more than just touching” between the two. Video surveillance showed the teen touching the staff member inappropriately as she smiled, according to the document.

The teen was reprimanded for “inappropriately touching” the staff member, but there’s no evidence that the staff member’s abuse was ever “therapeutically approached or discussed,” according to the order.

“The Court finds that the inappropriate sexual contact by staff and subsequent failure to properly address this contact has created the type of environment for which (the teen) is unlikely to rehabilitate,” Schuchman wrote.

The Flatwater Free Press is Nebraska’s first independent, nonprofit newsroom focused on investigations and feature stories that matter.