N.Y. Juvenile Homes Are Cited for Abuse
By SUZANNE SATALINE, Wall Street Journal

NEW YORK—Youth at four juvenile-detention centers in New York state were regularly subjected to physical abuse that caused concussions, broken bones, lost teeth and fractures, according to a U.S. Justice Department report released Monday.

The report is the first step in what could lead to a takeover of the facilities because of a violation of the youths' constitutional rights. A federal official said the government is discussing remedies with state officials. If no resolution is reached between state and federal officials by early October, the federal government is authorized to file a lawsuit.

The report found that staff disciplinary actions appeared to have contributed to the death of one youth. A 15-year-old male resident of the Tryon Residential Center detention center near Johnstown, N.Y. died in 2006 after being pinned face down on the floor and handcuffed by staff. The youth's death was ruled a homicide. The report found that despite the death, the staff continued to use the technique, known as "prone restraint."

The federal government is already monitoring 65 juvenile-detention centers across the country following earlier investigations. None are in New York.

Four New York facilities were criticized in the latest report: two in Ithaca, about 60 miles southwest of Syracuse, and two near Johnstown, about 50 miles northwest of Albany.

Gladys Carrion, commissioner of the New York Office of Children and Family Services, said she inherited a system "rife with substantial systemic problems" when she assumed office in 2007. She said that she has instituted new practices, including a new restraint policy, and that Gov. David Paterson has created a task force to investigate juvenile confinement conditions.

The report found that staff at the four centers routinely resorted to physical restraints for even minor infractions. "Anything from sneaking an extra cookie to initiating a fistfight may result in a full prone restraint with handcuffs," the report found. Staff used what the report termed "excessive force" to control behavior and the practices tended to escalate, rather that calm tensions, it said.

Restraints were used frequently, the report said, causing a high number of injuries. In 2007, staff used an average of 58 restraints a month at the Lansing Residential Center, near Ithaca, which houses girls, causing concussions, loss of teeth, and fractures, the report said. One girl suffered a spiral fracture to her left arm.

Youth, particularly at the Tryon centers, said it was common practice for staff to use what they called a "hook and trip." While staff members restrained a youth's arms behind the back, staff would trip the youth, so the youth would fall face first, resulting, in some cases, in broken teeth, the report said.

Write to Suzanne Sataline at suzanne.sataline@wsj.com

Justice Department slams state operation of Tryon, other youth facilities
By IRENE JAY LIU, Capitol bureau
Last updated: 4:56 p.m., Monday, August 24, 2009

Children at four of New York's juvenile detention centers -- including the Tryon Residential Center in Johnstown -- have faced excessive force and lack of proper mental health treatment in violation of their constitutional rights, according to a report by the U.S. Department of Justice made public today.

The report details how staff at the four facilities -- the Lansing Residential Center and the Louis Gossett Jr. Residential Center in Lansing and two facilities, one for boys and one for girls at Tryon -- have "routinely" used "uncontrolled, unsafe applications of force" to gain control in every type of situation, departing from "generally accepted standards" as well as policies determined by the state Office of Children and Families.

"Anything from sneaking an extra cookie to initiating a fistfight may result in a full prone restraint with handcuffs," according to the report.

The report said the excessive use of force has led to an "alarming" number of serious injuries, including concussions, broken or knocked-out teeth, and spinal fractures.

The report also details numerous incidents of "inappropriate" restraints. At Tryon, residents described a technique called the "hook and trip," in which staff would restrain a youth's arms and then trip the youth's legs so he or she falls face first to the ground. Another technique described in the report restrains the youth's arms behind the back and then pulls them up, causing severe pain and discomfort.

DOJ raps NY over abuse at juvenile detention centers
August 24, 2009 at 4:14 pm by Irene Jay Liu, timesunion
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Children at four of New York’s juvenile detention centers have faced excessive force and lack of proper mental health treatment in violation of their constitutional rights, according to a report by the U.S. Department of Justice made public today.

The report details how staff at the four facilities — the Lansing Residential Center and the Louis Gossett Jr. Residential Center in Lansing, N.Y., and two facilities, one for boys and one for girls, at Tryon Residential Center in Johnstown, N.Y. — have “routinely” used “uncontrolled, unsafe applications of force” to gain control in every type of situation, departing from “generally accepted standards” as well as state policies determined by the state Office of Children and Families.

“Anything from sneaking an extra cookie to initiating a fistfight may result in a full prone restraint with handcuffs,” according to the report.

The report said the excessive use of force has led to an “alarming” number of serious injuries, including concussions, broken or knocked-out teeth, and spinal fractures.

The report also details numerous incidents of “inappropriate” restraints. At Tryon, residents described a technique called the “hook and trip,” in which staff would restrain a youth’s arms and then trip the youth’s legs so he or she falls face first to the ground. Another technique described in the report restrains the youth’s arms behind the back and then pull up on the arms, causing severe pain and discomfort to the arms and shoulders.

In addition, the report found that state failed to provide adequate mental health treatment to children in the four detention centers. Children with documented mental health issues were restrained at disproportionately higher levels, according to the report.

The report’s findings are the result of an investigation initiated on Dec. 14, 2007 in response to allegations of sexual misconduct and excessive use of restraints. The report found that no current systemic deficiencies in the area of sexual misconduct.

In September 2006, a report by Human Rights Watch and the American Civil Liberties Union noted, “Human Rights Watch investigates conditions in juvenile facilities in the United States and around the world and we have found OCFS to be among the most hostile juvenile justice agencies we have ever encountered.”

Later that year, 15 year-old Darryl Thompson died he stopped breathing while pinned down by two staff members at Tryon. The Nov. 16, 2006 incident was ruled a homicide but a grand jury did not indict the staff members involved.

Responding to the Department of Justice’s report, OCFS Commissioner Gladys Carrion acknowledged the problems, saying that she “inherited a juvenile justice system rife with substantial systemic problems.”

Carrion was appointed by former Gov. Eliot Spitzer to head the agency in January 2007 and soon after took steps to convert the juvenile detention system from a “custody and control” model to a “trauma-informed therapeutic model.”

Carrion has tangled publicly with public employee unions and elected officials over the swift policy changes.

Last August, Tryon staff member Charles Loftly suffered a stroke after being assaulted by a resident, dying a few days later. Public employee unions and officials said that Carrion’s policy changes endangered staff safety. In response, the agency temporarily “downsized” the Fulton County facility, to provide staff members with more training.

Carrion has also moved to shut down a number of upstate juvenile detention centers and build more community-based programs in New York City, where most of the children in OCFS custody come from. The closures were largely opposed last year by unions and their Senate Republicans allies, who represent districts where closures could mean job losses.

In a statement, the public employees union CSEA said, “CSEA has long had concerns about OCFS operations” but said it could not respond further without additional information.

The DOJ report has given OCFS 49 days to respond with a plan to comply with the report’s recommendations. After that deadline, the U.S. Attorney General is authorized to initiate a lawsuit that could result in a federal takeover of the state’s juvenile detention system.