Unions at Troubled Upstate Detention Facilities Express Concern About Reforms

While New York City child advocates applaud federal oversight at four upstate detention facilities, the unions that represent guards, teachers, counselors and health care providers say their jobs are dangerous and more needs to be done to protect them.

The Department of Justice began investigating facilities in 2007 after several serious incidents, including the death of a 15-year-old boy who stopped breathing after being pinned down on the ground by staff. A report issued last year cites several examples of excessive force used by staff that led to concussions, broken teeth and other injuries. A settlement agreement reached this week between the state and the Justice Department calls for more staff, better mental health services, restrictions on restraints and the prohibition of choke holds and other dangerous tactics.

 

Darcy Wells, a spokeswoman for the Public Employees Federation, a union that represents teachers, counselors and health care providers, acknowledges that many of the changes are needed. But Wells says that adult employees are getting hurt, too. "I've listened to these people about the abuse they've taken and the assaults and being out of work and then having to go back into that environment, and that needs to be addressed too," Wells says.


The Office of Children and Family Services, which oversees the facilities, says the changes will be implemented systemwide. The agency has been trying to move to a more therapuetic approach. OCFS says the reforms will make facilities safer for both kids and adults.

 

Stephen Madarasz, a spokesman for the union representing guards, questions that shift. "The approach doesn't recognize the reality of the danger that many of the youth pose," he says.


New York City child advocates often criticize the unions for demonizing youth and failing to embrace the therapuetic model. Advocates want several facilities to be closed down so that youth, who are disproportionately from poor neighborhoods in New York City, can be monitored and given services in their own communities. They argue that those alternatives to incarceration programs are more effective and cost much less.

 

The number of kids being sent to detention facilities has shrunk signficantly over the last several years. Right now, the population is around 700, less than half what it was a decade ago. Yet the bill paid by New York City has gone up $10 million. That's because the state ups the daily rate for each child as fewer of them are sent to facilities. A state source says it costs the same to run a facility no matter how many empty beds there are.

 

Closing facilities is politically contentious. Advocates accuse unions of wanting to keep the facilities open in order to save jobs. The unions say the kids pose a risk to the public and there aren't enough alternative programs to serve them. The state budget cuts funds for alternative programs but adds money to increase staff at facilities now under federal oversight.