U.S. report cries “reform” in state’s juvenile justice system

By DEBORAH A. MILES
The U.S. Department of Justice recently issued a scathing report on conditions at four state Office of Children and Family Services (OCFS) facilities.

It cites the conditions at Lansing, Louis Gossett Jr, and the Tryon Boys and Tryon Girls Residential Centers, and documents the results of a failed public policy toward residential placement of juvenile offenders and juvenile delinquents.

Much of the report echoes what PEF has been bringing to the attention of legislative leaders and OCFS Commissioner Gladys Carrion for nearly two years.

“The current policies and procedures at youth residential centers aren’t working,” said PEF President Ken Brynien. “Not only are they endangering the welfare of the youths detained in these facilities, they have caused sometimes irreparable harm to the employees who provide services to our troubled youths.

“The commissioner’s zeal to transform the state’s system by moving youths into communities and closing state facilities exacerbates the very conditions the commissioner sought to correct.

This has led not only to a deterioration of service levels at the facilities, but to everyone’s worst fear – the brutal murder of a young group home employee by a youth inappropriately placed in a community setting in Lockport,” Brynien said.

The murder followed the January shooting of a Rochester police officer by a youth placed in a community residence by OCFS, and a riot and frequent AWOLS from Randolph Children’s Center Home in Cattaraugus County.

“The state’s approach has been a correctional model with minimal staffing and minimal focus on education, mental health, alcohol and drug treatment,” Brynien said. “The professional staff who work in the system must be a solid partner in reform. Our PEF-represented counselors, teachers, social workers, psychologists and nurses have tremendous knowledge, experience and commitment.”

The DOJ report includes extreme deficiencies in mental health care, an area consistently reported by PEF members and backed by studies. More than half the youths in juvenile justice facilities carry a bona fide mental health diagnosis, compared to 15 percent to 18 percent in the general population.

Brynien accepted an invitation to further discuss PEF’s response to the DOJ report at The Center for NYC Affairs at the New School in a public forum on the juvenile justice system.

The public forum is being scheduled for this fall.
Carrion is expected to be on the panel even though the family of Renee Greco has called for Carrion’s resignation. Greco, 24, was bludgeoned June 8, allegedly by two youths at Avenue House, a privately operated group home in Lockport. Greco’s family is holding Carrion ultimately responsible for the death.

“Our troubled youths need and deserve our help and guidance to turn their lives around,” Brynien said. “Reform as mandated by the Justice Department is the first step in the right direction. PEF looks forward to working with OCFS to ensure positive changes take place.

Governor acts on PEF bills
Nursing disclosure bill now law

By SHERRY HALBROOK
The Nursing Care Quality Protection Act (A.1752A/S.3527) was signed into law by Gov. David Paterson September 17.

PEF supported the legislation, which requires hospitals to disclose certain indicators of nursing quality such as: the number of licensed nurses providing direct care; the ratio of RNs to patients; staffing practices; the number of adverse patient-care incidents; medication errors; patient injuries; and complaints filed with regulators.

“This is another important win for our nurses, who have lobbied long and hard to improve their working conditions and the quality of care patients receive,” said PEF President Ken Brynien.
 
The governor also recently signed the Professions Account Stabilization Bill (S.4200/A.8219) that provides an additional revenue source to support the state Education Department’s Office of the Professions, which employs a number of PEF members.

The good news, however, was offset by Paterson’s veto of the Public Authority Contracting bill (S.3508/A.4343) that would have limited the ability of public authorities to contract for services that could be done in-house.

The bill would have required authorities to perform a cost-benefit analysis demonstrating savings prior to entering into contracts for professional, maintenance, clerical and technical services.
In his veto message, the governor cited the possibility the legislation might add costs and delays to the contracting process, and increase lawsuits from labor unions.

Still, the governor left the door open to negotiate changes if its sponsors, Assembly Member Richard Brodsky and Sen. Diane Savino, want to resubmit it.

“While I disagree strongly with the mechanism created by this bill, the underlying issue of making sure public money is not wasted on unnecessary contracts is an important one,” Paterson said. “I am currently engaged in discussions with the Legislature on the issue of public authorities reform. I have directed my staff to continue discussions on the issues raised by this bill in that context, in an effort to reach agreement on a process for ensuring that authority contracting is done in the most cost-effective manner.”

The fate of the single remaining major bill PEF supported, that has passed both houses, may be linked to those discussions between the governor and lawmakers.

That bill is the Public Authority Reform Act (S.1537C/A.2209C). It would increase public oversight over the state’s more than 700 public authorities and public benefit corporations; establish an Authorities Budget Office to examine their finances, review their functions and recommend their consolidation with other governmental bodies; set higher standards for fiduciary responsibility and accountability for their management; require them to get legislative approval before creating new subsidiaries; and empower the state comptroller to pre-audit their contracts.

Brian Curran, PEF’s legislative director and counsel, said legislators are holding off on sending the Public Authority Reform Act to Paterson pending the outcome of those discussions. Brodsky is also the Assembly sponsor of that bill, along with Sen. Bill Perkins.