By PAULA TRACY, InDepthNH.org
CONCORD – The Attorney General’s Office has launched an investigation into the allegations that there has been abuse of children by state employees at the Sununu Youth Services Center, the governor and state Executive Council were told Wednesday.
They were also told that there are 10 workers currently out at that facility and two workers compensation claims including one staff worker who has a broken jaw and another with facial lacerations.
Lori Weaver, commissioner of the state Department of Health and Human Services, said the department acted decisively upon hearing of the allegations and it is her job to ensure both children and staff are safe at the Manchester facility.
Christopher G. Bond, associate attorney general, confirmed the office has opened an “independent” investigation into allegations made by the Office of the Child Advocate that it has documented a child’s broken arm and being held down for three and a half minutes and other reports of extended lock downs there this winter.
In a letter to the council March 30, Cassandra Sanchez, child advocate, wrote that “video footage confirmed the use of physical restraint without imminent risk of harm to the child or others present, and holding the child down in an illegal prone position for approximately three and one half minutes. Documentation also showed a delay in medical care provided for the broken bone.”
She said this is in violation of state law on such restraint and she has filed an abuse complaint with the Department of Health and Human Services’ Division for Children Youth and Families.
Executive Councilor Karen Liot Hill, D-Lebanon, asked Bond if there would be an independent investigation and called reports of abuse “shocking” noting that the state is under considerable liability for past abuse at the former Youth Development Center.
Bond said it was important not to conflate the two matters as the types of abuse alleged at the former YDC are different. In many cases, hundreds of individuals who were incarcerated children under the state’s care alleged sexual abuse.
Executive Councilor John Stephen, R-Manchester, in whose district the Sununu Center is located, said he wanted to be sure that the investigation is “truly independent” and he said he welcomed the news that the Attorney General’s Office is probing the matter.
Executive Councilor Janet Stevens, R-Rye, said she would be going to the facility after the meeting and said she is getting “multiple versions” of what occurred. “We have an obligation,” she said “to make sure these children are safe.”
Chuck Miles, an abuse survivor and board member of Justice for YDC Victims has said:
“The fact that grievous physical abuse and neglect are still happening—and on video, no less—at a time when the facility is under such intense scrutiny should be deeply troubling to all New Hampshire citizens, legislators, and government officials. At this point it is clear the State cannot credibly investigate itself.”
According to its website, “John H. Sununu Youth Services Center is a 24-hour secure treatment facility that offers intensive treatment for New Hampshire’s detained and committed youth, both male and female, ages 13 to 17.
“The program encompasses education, residential unit life, permanency planning, as well as clinical treatment services. The goal at SYSC is to provide youth with ongoing assessment of their needs and strengths, as well as comprehensive mental health treatment. Treatment focuses on stabilization, mitigation of risk, and preparing youth for a successful return to the community, with reunification as a primary goal.”
The Sununu Youth Services Center is administered by the New Hampshire Division for Children, Youth, and Families. The Office of the Child Advocate is an independent, impartial and confidential state agency mandated to provide oversight to the state’s child serving systems.
Sanchez is in a holdover position awaiting Republican Gov. Kelly Ayotte’s nomination of a replacement.
Sanchez said in the letter to the council that the findings from the staff included allegations that the new director at SYSC “makes promises but does not follow through,” such as bringing school days back and a child would be moved from a unit where they felt safe.
It included quotes from the children who said, “We are all in jail now,” “I am going to crash out soon if we stay in lockdown,” “I don’t feel like I can trust staff” and “this isolation is making me depressed.”
Sanchez said she immediately reached out to state DCYF Director Marie Noonan on March 13 and held a meeting March 17 and that led to a follow up meeting with the new Director of SYSC, Joshua Nye which was scheduled for March 25.
Sanchez said her department was told that the children were returned to their full-time school schedule on March 16.
Speaking to the governor and council Wednesday for the first time publicly on the matter, Weaver said “safety is paramount,” and when allegations like this come up “we engage immediately.
“I can’t tell you anything about the investigation…but I can tell you after the allegations were made we increased oversight…I have a dual responsibility to keep everyone safe.”
She said she now has 10 staff out and two workers comp claims there.
Youth are committed to the facility by courts with highly complex challenges, Weaver said.
“Right now I have staff that have a broken jaw in two places,” and another with facial lacerations, the commissioner said. “It is serious on both sides,” Weaver said.
“I look forward to what the DOJ is going to find…and whatever is there that needs to be fixed we are going to fix it.” She said “these things need to be substantiated.”
Liot Hill asked if the kids are getting access to fresh air and that other allegations are now addressed.
“The kids are safe,” Weaver said. “The abuse is not happening now.”
Liot Hill noted significant cuts to the DHHS budget from the current budget and asked if that has any impact on secure facilities. Weaver said “no.”
Has there been a shift in philosophy at the center? Liot Hill asked. “I think the public is entitled to that information.”
Bond said: “I am not in a position to answer that.”
Weaver said “that is not the issue.”
Liot Hill asked what are the current policies on restricting people’s freedom? Do we have policies around use of force?
“Yes, I will give you those policies,” the commissioner said.
Liot Hill said, “history demands we react with urgency… We cannot afford to do this wrong again.”
Weaver said.
Councilor Stephen said he believes the state is acting appropriately in terms of a response.
If there are findings, he asked that the council be updated.
Liot Hill said there were findings of fact in Sanchez’s letter.
Gov. Kelly Ayotte said, “I asked as well to make sure there is an independent investigation…of course we take these allegations seriously. It is critical we have an independent review.”
Weaver said “we have to ensure that the children are safe and that the staff members who serve there is also a concern. When I hear about a broken jaw, I am concerned about that.”
$36M MEN’S PRISON ENGINEERING/ARCHITECTURAL CONTRACT KILLED
More discussion was held on a proposed contract with DLR Group. Inc. of Omaha, Nebraska, to design a new 1,500 bed prison for men which was the only bid the state received.
It was rejected on a vote of 2-3 with Executive Councilors Liot Hill and Joe Kenney, R-Wakefield, in support of passage. A motion to table the vote was rejected.
Councilor Stevens said she is not prepared to agree to it given the fact that the company has not completed a $10 million contract that precedes the comprehensive plan. There should be competition for this contract, she said.
“We are not off to a good start…there’s no cost estimates there. It’s too vague and it concerns me,” Stevens said.
Liot Hill noted the extensive deferred maintenance at the current facility and the fact that this could be most expensive construction project in the state ever. She said delay would cost more.
She said she would support tabling until after the May 29 deadline on the report from DLR group.
Councilor Stephen said the state should reject the contract given the fact that there were no other vendors who bid and at the same time the state has no report on what the first $10 million contract was.
Charlie Arlinghaus, commissioner of the state Department of Administrative Services, said the state did reach out to a lot of potential contractors but did not get any other bids. There were four vendors who bid on the original contract. Arlinghaus said the state is being fair.
Vendors who bid on New Hampshire contracts, he said, think the process is fair.
He said it would be natural for them to think DLR had the “leg up” because it got the first bid but that was not the case. “We have not received allegations…of that sort,” he said.
Stephen said the state should have been more proactive and “that did not happen here.”
If we do the tabling, we are just delaying the inevitable, Stephen said.
Liot Hill said this is a niche industry and all bidders know what is going on because these are $1 billion projects and the state runs a very serious risk of making this more expensive. She urged tabling and not rejecting the contract yet.
Kenney said he tended to agree that the council should take a look at the report when it is done and then vote.
Executive Councilor David Wheeler, R-Milford, said he did not like the scope of the contract and said he believed the council would have no control over any parameters. He said he would prefer a bid that lists options.
“We need an RFP that gives us options,” he said. But Wheeler said, “we definitely have to do something.”