NYS OCFS: "A culture of brutality" at Tryon

by Rhonda J Mangus | August 27, 2009 at 10:17 pm
981 views | 36 Recommendations | 10 comments

Photos

NYS OCFS: "A culture of brutality."

NYS OCFS: "A culture of brutality."

see larger image

uploaded by Rhonda J Mangus

According to a lawyer who has brought several cases against the State of New York, a recently issued U.S. Department of Justice report critical of four state-run juvenile detention facilities verifies within New York State Office of Children and Family Services (NYS OCFS) the existence of "a culture of brutality" at Tryon.


Elmer Robert Keach III represents the family of Darryl Thompson, who died in November 2006 after being restrained by two aides at the state-run Tryon Residential Center in Johnstown. An autopsy ruled Thompson’s death a homicide, but also found that he had a heart abnormality and died of cardiac arrhythmia.

 

Though a Fulton County grand jury did not indict the two aides, Keach has filed lawsuits in federal and state courts on behalf of Thompson’s family. He said the DOJ report showed that excessive restraint is not uncommon.

“I have been complaining about a culture of brutality and a culture of tacit approval and secrecy by OCFS about problems at Tryon,” Keach said. “And certainly the report is highly relevant to the claims of young Mr. Thompson’s family.”

The DOJ report, issued on Monday, outlined a pattern of “uncontrolled, unsafe applications of force” on residents at Tryon and three other facilities operated by the state’s Office of Children and Family Services (OCFS). The report also found that the facilities violated residents’ constitutional rights by failing to provide proper mental health treatment.

 “Certainly this report from DOJ confirms the range of complaints made over the years about the manner in which the facility is run,” Keach said, “including the fact that there was – at least during the prior gubernatorial administration – zero accountability at these facilities which allowed these brutal conditions to fester.”


OCFS Commissioner Gladys Carrión, whom then-Gov. Eliot Spitzer appointed in 2007, two months after Thompson’s death, issued a statement on Monday acknowledging the problems.

“I inherited a juvenile justice system rife with substantial systemic problems,” Carrión said in the statement. “As a result, I immediately initiated a complete overhaul of the system to make it safer and to improve outcomes for our children.

Carrión, who has been outspoken in her criticism, is attempting to transform OCFS from a “custody and control” model of juvenile justice to one of trauma-informed therapy. In addition, according to the statement, she has hired additional mental health workers and implemented a new restraint policy.

The Civil Service Employees Association (CSEA) seized upon the case of Tryon aide Charles Loftly, who lapsed into a coma and died six weeks after he was beaten by several residents in August 2008. However, an autopsy revealed Loftly, 60, died of a stroke, Oneida County Coroner Greg Mills told CBS 6.

The CSEA, which at the time connected Loftly’s death to “changes in policy and continued understaffing,” reacted to the DOJ report with caution.

“CSEA has long had concerns about OCFS operations but the union cannot respond appropriately without more information,” CSEA spokesman Stephen Madarasz said in a statement. “CSEA will monitor the situation since OCFS apparently must act within a short period of time to comply with recommendations from the Justice Department.”



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.

In a separate matter, the murder of youth counselor Renee C. Greco in June triggered tough questions by some New York State legislators who are pressing New York State Office of Family and Children Services (NYS OCFS) for an explanation of circumstances at Avenue House, the halfway house for troubled teens located in Lockport, NY, where Ms. Greco was brutally murdered by two teens, Anthony Allen and Robert Thousand, both of Rochester, New York.

State Senator Catharine Young (R-Olean) called for an investigation into New York State Office of Family and Children Services
, "to determine whether the two charged with murder had been placed appropriately in the group home." 

Young, who suspects that Allen and Thousand were "higher-level offenders" has promised to call for Children and Family Services Commissioner Gladys Carrion to be removed or forced to resign if "...an investigation reveals such improper placements,..." (buffalonews.com 06/10/09).

In June, she announced a Special Legislative Task Force to fix New York State's broken juvenile justice system. 

********

Read the CSEA's full response to the U.S. Department of Justice Report on New York State Youth Detention Facilities and U.S. Department of Justice Report Re: Investigation of the Lansing Residential Center, Louis Gossett, Jr. Residential Center, Tryon Residential Center, and Tryon Girls Center.

Related stories on NowPublic by this Author:

Greco's murderers arraigned in Niagara County Court

NYS OCFS Commissioner Carrion responds to Renee Greco's murder

Fixing New York State's Broken Juvenile Justice System

Industry professional describes Greco's murderers as "warehoused"

NYS lawmakers push for answers after murder of youth counselor

Senator Maziarz calls meetings with NYS OCFS "very disappointing"

Senator Young calls for state investigation into NYS OCFS

Greco's murder triggers tough questions for NYS OCFS




recommend Add a comment
0
Spydermonkey

Thanks for the update Rhonda.

0
Rhonda J Mangus

You are very welcome, Spydermonkey. Thank you for reading, commenting, and for the recommendation!


0
smkovalinsky

Very important story.  Troubling,  indeed.

0
Rhonda J Mangus

Very troubling and very important, I agree. Thank you for reading, commenting, and for the recommendation, smkovalinsky!




0
AKA Ruben Hughes

In spite of the US DOJ's investigation, on the three limited facilities and girl's secure center, the glaring fact remains that staff are being assaulted, murdered, and raped at OCFS facilities, without even a comment from Carrion the Commissioner. She endorsed the restraint policy and the changes, concerning when staff are authorized 3 (THREE) instances to use physical restraint. I work at Brookwod Secure in Columbia Co., why is it that with all the staff assaults there, and the alarming number of residents refusing to move, or lockdown when directed, Carrion is not coming to the forefront on this and remains indifferent? The number of vicious and malicious gang assaults on peers, and the total disregard for rules and compliance is increasing daily. Take at look at all the staff overtime, and staff out on workers comp, as a result of being injured while PROPERLY CONDUCTING A RESTRAINT. The inquiry is biased and one sided at best, and dosen't relfect the "real issues not only at Brookwood," but all the facilities statewide. As a line-staff who interacts with youth daily, I don't have the mindset to brutalize youth, and the majority of YDA'S (youth division aides) don't want to be the subject of child abuse/ maltreatment charges. This is our livelihood, unfortunately, we are not supported by Carrion and her cronies, and CSEA, the local union. The general public isn't aware that even those youth, that are tried as adults, in criminal court for murder and armed robbery, if under the age of 18, are considered children as it pertains to child abuse. One of my fellow YDA's had his nose fractured, after being struck with a chair, from a 6ft 2 inch 280 lb youth, who happens to be 15 years old. It takes at least 4-5 staff to restrain this individual. The youth happens to be on the mental health unit, and is severely mentally ill, with the mindset of a 6 year old. How do we as staff, contain a struggling and resistive youth this size, without being physical? I hope the feds do come in and oversee OCFS facilities, surely it will be vastly better than the current PASSIVE and very LIBERAL current state of affairs. I didn't sign up for this job to be assaulted physically by these punks, and I'm not going out on a stretcher either(TRUST ME). At one point, we had 6 youth in the Columbia Co. jail, for either assaulting staff or other youth. Everytime I turn around, the OCFS Ombudsman/GESTAPO,  resident legal folks are interrogating a staff, and are looking for inconsistencies, even though there are cameras and recording devices throughout both buildings.The MSP/lockdown unit is a thing of the past since the "pacifier givers" did a tour of our facility. These are dangerous juvenile criminals, who don't give a damn about the next victim, very few when released will lead productive, crime free lives, most will end up in the penitentiary, or dead (FACT). I am not advocating any abuse whatsoever, from anyone, however how do we contain and control these youth, without being labeled by Carrion as "intransigence". This is a insult and a travesty due to Carrion's unrealistic and dilusional perceptions, that's right I said it!  Carrion has has the "reverse midas (mythical Greek mythology) touch," the more changes in facilities, the worst situations become. She has skillfully and willfully, shifted focus on her inadquacies and lack of facility operational expertise (absolutely NONE) to staff not doing things her way. Anyone not on board with her, is terminated. Her  staff (DJJOY) are buttkissing lackies, and are in lockstep with her even though some way not be in agreement with her. THE MADDNESS CONTINUES!!!!!!!!!!!!!!     

0
 MORRISON

CARRION RUNS THE CHILD ABUSE REGISTER MUCH THE SAME WAY-- THROUGH INTIMIDATION AND WITH INCOMPETENT  SYCOPHANT MANAGERS WHO WILL NEVER CHALLENGE HER, PLACING NEW YORK'S VULNERABLE CHILDREN AT RISK.  OCFS NEEDS AN ENTIRE OVERHAUL OF MANAGEMENT STAFF--HOPEFULLY OUR LEGISLATORS ARE LISTENING AND  IT WILL NOT HAVE TO TAKE ANOTHER TRAGEDY TO GET THEIR ATTENTION. 

0
AKA Ruben Hughes

In addition to the above comments I made, here's also what Carrion dosen't want the general public to know about juvenile facilities. Absolutely NO ONE, does any type of "grass roots" forum to solicit/encourage, any type of feedback from the staff on the "front lines." Therefore, all of the decisions made by the so-called "shotcallers," are not inclusive, and are made by folks with degrees BA/BS (literally and figuritively) and masters, but NO common sense and realistic strategy, and most of all, NO extensive time working in a facility with dangerous, problematic, juveniles with mental health issues. Almost half the youth, at least in the facility I work Brookwood Secure/ Columbia Co., are on psychotropic medication, however, have the right to refuse their medication at anytime! How in the hell can this be thereputic, when a already out of control youth is even more unstable/unpredicitable. The mental health staff we have are good, decent and well intented, however, some are scared to death of the most explosive, and assaultive prone youth in my facility (FACT). This is not thereputic, this is manipulation by youth to get the meds they want to go to sleep. This is happening at my facility, I hear the youth talking and plotting this all the time! Carrion stopped us from strip searching youth, now we have drugs coming into the facility, and youth making shanks/ homemade slashing and stabbing instruments. We are "supposed to be a "secure facility," the last line in the juvenile justice system. If folks that don't know what the hell is going on, and how to run a so-called maximum security facility for juveniles, everyone is at risk, youth, staff and the general public! The youth in my facility have more rights and priviledges as criminals, that those youth, who aren't incarcerated and go to school, work, and abide by the rules of society! Carrion wants to look good at the expense of the staff, who are burnt out and frustrated by the madness. Governor Patterson, is blind as a bat because he dosen't have a clue as well. It's all about politics and favortism, especially, when you have a democratic headshed, and at my facility, a republican appointed director and asst director, who can be terminated at anytime for any reason, if they don't play Carrion's brand of hardball. I guess it's job security, again at the expense of the staff in the trenches. Get rid of these impostors, fakes, and frauds! Stop concerning yourself with the overtime staff are getting, because of staff being out on comp, or not wanting to come to work just to be stuck for an additional 8 hours. If no one is willing to address the CORE issuses and concerns, then the state will continue to pay out insane amounts of overtime. It's nobody's business anyway how much I get in my paycheck, maybe these and all other questions should be directed at Carrion, she's the one with the so-called vision and direction of ocfs juvenile facilities, YEAH RIGHT!!!!!!!!!!!

0
no where to turn

WOW is what I have to say...Ruben Hughes u said it all ...thank u! I also work in a facility and what a joke....yes thats what it becomes. I wonder when the first juvenile delinquient dies at the hands of another youth, in one of these facilities, whose fault will it be? Let me guess........a YDA for failure to foresee the problem coming. This is what it comes down to blame it on the YDA and the way things are ran. Well Let me tell you something when I sit at staff meetings and listen to the b.s. on how we r supposed to do things NOW as opposed to THEN basically we r held resonsible for every situation . We r supposed to be mental health professionals ,ydas and mind readers. And if we fail to foresee an upcoming disaster with a youth we can also be held accountable. The administartion has no clue they r trying to cover their own butts by putting it in writing that pretty much we r responsible no matter what happens,WHY because they have no clue what they r doing. I have watched a grown man that works at our facility restrain a 15 yr old for having an arm around another youths neck, while he was doing this we had 12 other youth yelling to the yda to let this youth up,. one was within 6 inches of the ydas head,  this yda feared for his life and for his safety at this time while protecting another youth.

1
AKA Ruben Hughes

Here I go again, in an attempt to dislodge and wake up the (cockroaches) at ocfs hdqts. The latest article I read about the linestaff (YDA's), is that we are resistive to change, due to us " not being particularly well-educated,"  in other words, we are big dumb knuckle-dragging gorillas!This is in reference to a Time magazine news article, referencing juvenile justice, and in particular NYS, and the comments made by Carrion. Dosen't that just beat all common sense, blame all that has occurred in statewide facilities, on staff, who are incapable of comprehending past the sixth grade. Collectively, we should all be appalled at the finger pointing. I said this from day one, where are the shotcallers when there are crisis at facilities, and why haven't they been addressed in a"grass-roots forum? Why, because ocfs hdqts dosen't want to hear from us peons and insignificants, and also because the "headshed folks," happen to be buffered with layers of other folks, who may or may not handle such "trival" matters. The latest at my facility Brookwood Secure, Columbia Co, the Commission on Corrections (COC), is coming through soon, there's a flurry of activity as everyone is running about, with their heads cut off in an attempt to "spruce up the joint." The front entrance step, that hasen't been repaired in at least 3 years is finally being fixed, OH WOW, isn't that special. WHAT ABOUT THE OPERATIONAL MANAGING OF THE FACILITY, AND THE PROBLEMATIC CRIMINALS WE HAVE TO DEAL WITH DAILY. FORGET ABOUT WHAT COLOR TO PAINT ALL THE DOORS!!!!!!!!!!!!! If at least, secure facilities come under correctional mandates and standards, it could be ABSOULUTELY NO WORSE THAN IT PRESENTLY IS. Hell, who knows, we might even be better off. A decision has to be made on the restraint policy, and what staff are authorized to do, without any "Monday morning quarterbacking" and second guessing, from the buttkissers and suckups. The current policy on restraints is contradictory and full of vagueness, SPELL IT OUT IN LAYMEN'S TERMS FOR US not well-educated folks.  

0
Afraid of being fired for saying

www.nysenate.gov/press-release/task-force-juvenile-justice-reform-seeks-answers-ocfs Senator Catharine Young's created TASK FORCE ON JUVENILE JUSTICE REFORM SEEKS ANSWERS FROM OCFS - Files FOIL Request To Shed Light on Increase of Youth Violence.    

Add a comment

The content of this field is kept private and will not be shown publicly.
To prevent automated spam submissions leave this field empty.

What is NowPublic?

NowPublic lets people work together to cover news events around the world.

Find out more

Crowd Power

generaldecay
First Flagged at 11:18 PM, Aug 27, 2009 by generaldecay
These members have powered this story:

Related Stories

Recommendations (36)

Most recently recommended by:
 

closeSign in to NowPublic

is reporting from