DYS worker kept job after alleged abuse
By Kevin Rothstein, The Boston Herald, Saturday, July 31, 2004

A Department of Youth Services employee was allowed to continue working in a Worcester juvenile jail for nearly two months after conducting a humiliating and sexually explicit strip search on a 13-year-old boy, sparking a review of how such cases are handled, officials said.

``Oh, yeah, I'm gonna have some fun with you,'' Nelson Vazquez told the youngster before mocking the size of his genitals, making fun of his lisp and forcing him to stand naked for two minutes, a report of the abuse shows.

Five weeks after the June 3 strip search at the Paul Leahy Center, the Department of Social Services determined the youth had been sexually abused and referred the case to the Worcester County District Attorney's Office.

``This is sexual humiliation, a form of sexual abuse,'' DSS Commissioner Harry Spence said.

Despite the finding, Vazquez remained at the facility for another two weeks in a temporary post without contact with children.

That sent a horrible message to other employees and the children at the Department of Youth Services lockup, one advocate said.

``I'm wondering whether DYS is taking instructions from the Catholic Church in how they handle allegations of this type,'' said attorney Tim Sindelar, an adviser to the Parents for Residential Reform Project.

DYS Commissioner Michael C. Bolden said he allowed Vazquez to remain working until his own agency finished an internal probe. When that was completed Tuesday, Vazquez was suspended with pay pending a disciplinary hearing.

Bolden, who recently met with the victim, said he was ``comfortable'' with the agency's handling of the case, though he could be ``persuaded to do something differently'' in the future.

``The message that's sent out is we're doing a thorough investigation of every one of these incidents, and when we feel we have enough to move against that individual, we will move,'' he said.

Residential facilities in Massachusetts must conduct internal investigations of suspected child abuse ``as quickly as possible,'' generally within a week, according to state policy.

Vazquez could not be reached for comment. A spokeswoman for Worcester District Attorney John Conte said the case was under review but likely would remain an internal matter.

For the 13-year-old, the nightmare began almost as soon as he was brought to the juvenile jail for violating his probation.

He asked if he would have to be stripped, but Vazquez began making fun of his lisp, saying he sounded like Daffy Duck, according to an internal report. With youths and staff members laughing at the boy, Vazquez made the naked boy bend over and cough.

The degradation continued when the boy stood up, covered his genitals and asked for permission to dress himself.

``Why are you covering up, you got nothing,'' Vazquez said, then told him to do 10 jumping jacks.

After the boy refused, Vazquez made him stand for two minutes before allowing him to put his clothes on.

Other DYS staffers noticed the boy was upset and notified DSS, Bolden said. The boy initially gave a partial account of the abuse, according to Bolden. So for five days Vazquez was allowed to work with children while supervised.

More information prompted DSS to re-open its probe June 9, when Vazquez was moved to work in a security checkpoint, away from children, Bolden said.

Spence, who is also an assistant secretary in the Executive Office of Health and Human Services, said the case presented ``coordination issues'' that need to be resolved.

Spence will present possible solutions to improving interagency coordination to EOHHS Secretary Ronald Preston in several weeks.


DYS case timeline

A DYS worker kept his job for seven weeks after humiliating a 13-year-old boy during a strip search. Here is a timeline of events:

June 3: The youth is strip-searched by Nelson Vazquez at the Paul Leahy Center in Worcester.

June 4: DSS clears Vazquez, who continues working with children but under supervision.

June 9: DYS investigator asks DSS to reopen investigation. Vazquez continues working but in new job without contact with children.

June 22: DSS interviews staff and youths who witnessed the search. The youth, who has since moved to another group home, is interviewed later.

July 13: DSS finishes investigation, supports allegation of sexual abuse, forwards complaint to DA's office.

July 27: DYS and Office of Child Care Services investigations finished; Vazquez suspended.

Source: Interviews with DYS and DSS commissioners.