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CSEA Questions Impact Of NYS Office of Children and Family Services-U.S. Department Of Justice Settlement On Juvenile Justice Facilities

Published Thursday, July 15, 2010 4:00 pm
by CSEA Statewide News

(ALBANY) - The announcement of a settlement between the New York State Office of Children and Family Services and the U.S. Department of Justice establishing Federal oversight of four of the state’s juvenile detention facilities comes as a surprise to the Civil Service Employees Association (CSEA), which represents more than 2,000 workers employed by the agency.

CSEA has long been critical of OCFS policies and operations that Union Representatives say “fail to provide adequate staff, training and other resources to run an effective system.”

“It’s not entirely clear to CSEA what the news about the settlement will mean for the system or the employees who work in the affected facilities because the OCFS administration has not discussed it with us,” CSEA President Danny Donohue said today.

“It’s clear however that Commissioner Gladys Carrion’s continued tenure at OCFS is not in the best interests of anyone in New York.  It’s incomprehensible that Commissioner Carrion remains in her position considering her record of putting staff, clients and communities at risk while engaging in shameless self-promotion,” Donohue said.

Editor’s Note: In mid-June, WNYLaborToday.com published the following Labor News Story, headlined: CSEA’s Calls For Secure Future For New York State Juvenile Justice System:

(ALBANY) - The CSEA (Civil Service Employees Association) has presented a detailed and often-graphic account of deteriorating conditions in New York State-operated juvenile detention facilities under embattled Office of Children and Family Services Commissioner Gladys Carrion. 

In addition, CSEA is also calling for a formal commitment from New York State to secure the future of the juvenile justice system.  Union Representatives detailed the growing danger and lack of support in facilities under Carrion's misguided and permissive policies during a State Task Force Hearing that was held yesterday in Albany.  Carrion has inexplicably retained the support of Governor David Paterson despite her sanctioning of social events for youth in detention, including one event that turned into a sex party at the Goshen Secure facility last year involving an alleged prostitute and a 15 year-old girl.

"CSEA believes Commissioner Carrion should long ago have been removed from her position," said CSEA Deputy Director of Contract Administration Mary Rubilotta in testimony before the Senate Task Force on Juvenile Justice. "Obviously neither Commissioner Carrion nor Governor Paterson has any shame or standard of decency."

Rubilotta stated Commissioner Carrion has shown complete disregard for the safety of her staff and the community: In 2009, the OCFS workplace injury and illness incident rate increased dramatically, from 14.7% to 19.6%.  The agency's injury costs increased more than any other agency in the state executive branch, up 61% over the previous year from $1.6 million to $2.5 million; The death of direct care worker Rene Greco in Lockport last year and the shooting of Police Officer Anthony DiPonzio in Rochester are prime examples of OCFS disregard for public safety; and Carrion has created a myth of empty facilities - facility populations have been run down because the commissioner has manipulated the transfer of youth to other facilities.

The commissioner has also engaged in inappropriate communication with Family Court judges last year when she urged them to avoid the OCFS system - action that represents a dangerous breach of her authority.

In addition to CSEA represented OCFS employees providing testimony to the Task Force, Rubilotta presented some perspective from CSEA employees at facilities across the state:

"Commissioner Carrion is attempting to change the entire model that our system is built upon, but we do not have the resources to implement that model.  They cut staffing and they don't want to fund more mental health professionals, and the current staff is not getting any more mental health training to deal with these kids.  The impact is that the kids are not getting what they need with her new program and it makes the place dangerous, because the kids have no control and we have no control over them, because she doesn't want them restrained," said one.

"Before the sanctuary model, there used to be some control and consequences to bad behavior.  Kids would move in line and get their food, orderly.  Now, if a kid throws juice at you and calls you an 'f-in bitch,' it's okay.  There are no consequences," said another.

"These kids are leaving here worse because they realize there is zero accountability.  The kids are smart.  They know they can cause a staffer to be indicated in child abuse, it will take years to clear their name.  What the kids say is gospel.  We have to fight to clear our name," said a third.

"CSEA wants to work cooperatively to create a juvenile justice system that will serve everyone better," Rubilotta said. "No one should ignore CSEA's history in helping to change the developmental disabilities system in the late 1980s and early 1990s."

However, CSEA will not accept models and policies that compromise public safety and put youth and staff at risk, she added.

"The youth in OCFS charge should have a system that offers them structure and hope," Rubilotta said.  "The dedicated staff deserves to be treated with respect and the people of New York deserve responsible and effective public policy."