Stunning testimony enhances juvenile justice investigation
Story and photos by DEBORAH A. MILES
In mid-June, PEF members who work at the state Office of Children and Family Services (OCFS) risked reprisal to tell their personal stories to a Senate Republican Task Force for Reform of the NYS Juvenile Justice System.
They provided first-hand evidence of how OCFS Commissioner Gladys Carrion has damaged the system, while PEF President Ken Brynien addressed the danger of privatization of state-operated services for youth.
Anita Kendall, a nurse 2 at the Youth Leadership Academy, said Carrion destroyed the positive work being done with the implementation of her new policies.
Kendall told Sen. Catharine Young, task force chair, and the panel how Carrion’s policy changes have made the facilities more dangerous and unsafe for staff and the youths.
“Since Carrion took command, the agency has been hemorrhaging. There have been two staff deaths on her watch. Restraints have more than doubled. Injuries to residents and staff have more than doubled. Facilities have become a combat zone for staff,” Kendall testified.
Sharon Merulla, a vocational instructor at Lansing Residential Center, said
Carrion’s order to do fewer restraints actually resulted in an increase in
restraints, because the youths raised the level of violent behavior when
they realized there were no consequences for it.Paul Fiore, a former youth education supervisor at the Tryon Residential Center for Boys, testified he was severely beaten in December 2007 when residents went out of control in a classroom.
“I was out of work for six weeks while I recovered physically. At the same
time, I received counseling to recover emotionally,” Fiore said. “After
returning to work, I was again beaten by another resident in April 2008. I
was pushed against a wall and my head was rammed against a fire alarm box
and my back against a fire extinguisher. The bruises on my back took more
than a year to fade, but my mental state has truly never been the same.”Fiore said part of the problem is the residents have been empowered by their ability to call an ombudsman.
“Carrion also increased the OCFS Ombudsman’s Office to eight full-time attorneys, available to a population of 2,000 youths 24/7. The agency even put signs up in the facilities that said, “Got Beef? Call Your Ombudsman.”
Another PEF member, Margaret Rice Harvey, a youth education coordinator at the Harriet Tubman Residential Center, said, “In the culture of youth empowerment and indulgence created by Commissioner Carrion, and bolstered by the ombudsman program, a child-abuse complaint was registered against me. I cannot begin to tell you the impact this has had on my life. It was all based on a call that should never have been made.”
“The ombudsman program conflicts with law enforcement,” said Fulton County District Attorney Louise Sira.
Sira’s testimony reinforced the serious problems created by Carrion’s administration. She said her office has met with a brick wall at the OCFS facilities when investigating assaults on staff.
“An investigation into assaults on staff can take months because OCFS will not provide necessary information. But OCFS immediately pushes to press charges on staff when residents are injured.
“Since Carrion’s sanctuary model was implemented, my office has received 10 to 15 assault cases per month. In 2006, before she was appointed commissioner, we had about 10 a year. OCFS thwarts law enforcement when it should be an easy case to investigate. There have been constant roadblocks. OCFS is engaging in a criminal pattern of obstructing justice,” Sira said.
Brynien warned the panel if new legislation is enacted, Carrion’s goal of closing down all state-operated facilities will soon be accomplished.
The legislation would allow young criminals who commit a violent felony offense, but plea bargain to a lower offense, to be sent to private facilities.
Brynien also commended the PEF members who testified.
“It took great courage for these people to come before you today, as they quite legitimately fear reprisal from their employer for speaking out publicly.
“We cannot look forward without considering where we are and where we have been. PEF believes the system can be saved and be successful. In order to accomplish this, it will require real leadership and including staff in the solution.