Residents get better chance to stay out of trouble Proposal to close group homes threatens to derail kids’ futures BY SHERRY HALBROOK Helping youngsters who have broken laws learn how to change direction and start living responsible, satisfying and productive lives is the job of the state Office of Children and Family Services. More than 2,000 youngsters depend on that help every year and nearly 1,600 of them require help with special needs such as learning disabilities, drug or alcohol abuse, mental illness, mental retardation or other health problems. It takes a lot of experienced, well-trained staff and other resources to get these youngsters on the right track. But PEF leaders say the governor’s budget proposal would derail many of those efforts by closing programs, cutting services and put many youngsters in prison with adult felons. “It’s an uncaring message to send to these young people who already feel alienated and disconnected from society,” says Bill Zhe, PEF co-chair of the Joint Labor-Management Committee at OCFS and a teacher at the Industry School near Rochester. The budget calls for closing the 12 group homes throughout the state that allow youngsters, ages 10 to 17, to transition more gradually back into society. Under the proposal, the homes would be converted to “evening reporting centers.” Two of the homes are for girls, and one of these is for pregnant teens. Closings make no sense The plan to close the homes is inadequate, impractical and insensitive, say Zhe and other PEF members at OCFS. The proposal doesn’t say where else the youngsters could go, other than into the adult prisons. And it fails to consider that if the youngsters move in with their families, many of them will be too far away to report to the group home every evening. PEF members also say the plan ignores a recent study reported by the state Division of Criminal Justice which found that transitioning through the group homes helped to reduce the likelihood of repeat offenses for youngsters moving from limited-secure OCFS facilities. Boys and girls come to the homes after spending time in larger institutions such as Tryon, which have firmly structured routines and secure, controlled environments. While many youngsters are ready to return directly to their own homes and communities when they leave these larger facilities, others need the more gradual transition provided by the group homes. Time to get it right Approximately 100 youngsters at any given time are living in these group homes. And, typically, they stay about four to six months. “There are always a few who have nowhere else to go,” says PEF member Mark Keefe, a senior youth division counselor at Oatka Center Satellite Home in Rochester. “Temporarily coming into a group home gives us more time to find the right home, such as a foster family for them.” When they are ready, many other youngsters also go to live in the homes of their parents, grandparents or other family members. “Before they leave us, they need to start feeling confident about gaining skills for living at home and in the community,” Keefe says. Most of the group homes can house about 10 youngsters at a time. Meanwhile others are waiting in the institutions for an opening at a group home near their community. “Oatka is always full,” Keefe says. Tough challenges The youths have all been found guilty of law breaking and typically receive sentences of 12 months for misdemeanors and 18 months for felonies. They’ve had serious problems functioning in their families, schools and society and they need substantial help changing their behavior, Keefe says. They may have committed burglaries, sold drugs, stolen cars or hurt someone. But these crimes are only the tip of the iceberg. They signal much deeper, more complex problems. The number of youngsters coming into the OCFS system with mental-health problems has jumped 93 percent in just the last decade. And those with substance-abuse problems is up 53 percent. And if these challenges weren’t difficult enough, many can speak little or no English. The number with limited English has jumped 65 percent since 1990. Keefe says the group homes focus on helping youngsters deal with these problems that are most likely to cause them to get into trouble after they leave. “We focus on mental-health, substance abuse, behavior problems in school and educational handicaps,” he says. “We have a substance-abuse treatment site right, at Oatka, to address that issue.” A terrible thing to waste To block this last, very important step in a youngster’s rehabilitation, may doom them to failure and an eventual return to the courts. By cutting corners here, the state may be wasting all of the previous public investment in that child’s education, healthcare and guidance. Taking the time and trouble to help young people overcome their problems now is the best investment New Yorkers could possibly make, say the PEF members. Zhe and others from PEF have met with state lawmakers to explain why the cuts must be restored. So, far they have had partial success. Both houses oppose the option to send teens to state prisons, and the Assembly would restore funds to keep the group homes open. Employer responsible for staffing RN’s license may not be held hostage to mandatory OT PEF is supporting state legislation to limit the number of consecutive hours that nurses can be required to work. The bill — A7127 in the Assembly and S3515 in the Senate — would also make it clear that it is not professional misconduct for a nurse to refuse to work additional overtime. Exposure to a charge of “patient abandonment or neglect” is a club that employers often hold over the heads of nurses asked to work extra shifts to make up for short staffing. However, as far back as 1991, the NYS Nurses Association reported that the state Education Department had determined “...the charge of patient abandonment does not describe a situation in which the employer or the supervisor knew or had reason to know in advance that there was no adequate coverage....” In such a situation, a registered nurse who refuses to work an overtime shift to make up for the staff shortage may not be “abandoning” patients and, therefore, would not be in violation of her or his license. “But you must give your supervisor adequate notice that you are unavailable to work the overtime,” says PEF nurse organizer Lenore Boris. “Don’t wait until the last minute to tell them you can’t stay.” And Boris adds, if a patient is in need of “immediate professional care,” you must “make reasonable arrangements” for the continuation of that care before you leave. Generally, if you follow these guidelines, the institution is liable for staffing problems and it may not coerce or intimidate RNs with the threat of adverse action against their licenses for refusing to comply with mandatory overtime after already having worked a full shift. However, if you refuse a direct order to work overtime, your employer may try to discipline or even fire you. And you still might have to defend your license by proving: • The employer knew or should have known in advance that insufficient staff was available for coverage on that shift; • You gave reasonable notice of your unavailability to work the overtime; and • You made reasonable arrangements for the continuation of professional care for any of your patients in immediate need of it. — Sherry Halbrook The Communicator Home Page