Committee on Family, Health and Human Services Minutes
December 12, 2006
Committee Members in attendance: Judy Myers, Chair, William Burton, Clinton Young, Ursula LaMotte, Lois Bronz, and Andrea Stewart-Cousins.
In Attendance: DSS: First Deputy Commissioner Nancy Travers, Don Wiede. Law: Peter Jackson. CEO: Andrew Neuman, Bill Randolph. BOL: Louise Gantress, Susan Kirkpatrick, Melanie Montalto. Guests: Rebecca Baker Erwin.
Items Discussed: Agenda item # 29 regarding the non secure detention at The Children’s Village, and agenda item # 34 regarding the County Executive’s Medicaid Report.
Minutes
Chairwoman Myers called the meeting to order at 12:10 p.m.
Nancy Travers, First Deputy Commissioner of the Department of Social Services, explained to the Committee that she cannot discuss a particular child at The Children’s Village, so she cannot explain a specific incident that occurred a few months ago.
Don Wiede, Deputy Commissioner of the Department of Social Services, told the Committee that children enter the detention center upon an arrest, a warrant, or if they are remanded by a judge. There are two cottages, one for boys and one for girls, each with twelve beds. The child can be a PINS or JD case. Oversight of the facility is done by the Office of Children’s Services (NY State).
He continued to explain that for Juvenile Delinquents the judge decides if the child goes to a secure or non-secure detention facility. He stated that children under the age of 10 are not allowed to be sent to a secure detention. During the child’s court proceeding he or she is appointed a law guardian from a list of available attorneys.
The average stay at the non-secure detention center is less than a week, with some children staying only one night. The facility is not allowed to refuse any child.
Legislator Abinanti asked for the parameters of who is placed in the non-secure detention. Mr. Jackson from the Law Department said children 8 years-old and older are placed there. Nancy Travers explained that there has only been one child that young placed at Children’s Village.
Legislator Abinanti explained the incident that occurred a few months ago to his understanding, and stated that he was told the young boy would be protected, and he was then assaulted.
Nancy Travers explained that PINS cases go up to the age of 18, but it has to be a special case to be remanded to the non-secure detention after the age of 16, and a JD can be determined up to the child’s 16th birthday. So, there can potentially be children from the age of 8 to 18 in the facility by State regulations, but it is rare that there is that much of an age difference in the center at one time.
Legislator LaMotte asked about the structural setup of the cottages and what a typical day is like for the children.
Don Wiede told the Committee that they are segregated by age, with 2 or 3 children to a room. They do chores in the morning, attend classes that are conducted in the cottage, have lunch, which is followed by more classes, and then there is recreational time in the courtyard. The teacher is hired by Children’s Village, and there is 1 teacher per cottage. The children then have dinner and some time for homework. There are meetings with their caseworkers or group meetings regarding life in the cottage for those who stay there for an extended period. Some children stay 2 to 3 months. They have outings on the weekends depending on their behavior which is monitored by a points system.
Nancy Travers explained that this is all mandated and regulated by the state.
Legislator LaMotte asked about the security at the facility. Don Wiede explained that there are cameras, locks on the doors, and security guards in the cottages.
Legislator Bronz recommended that the Committee visit The Children’s Village and speak to the staff there. She is a member of the Board of Directors there and stated that it is a wonderful facility and very well managed.
Legislator LaMotte stated that she shares Legislator Abinanti’s concerns about the age range and asked what the procedure is if there is a fight. Don Wiede said the staff separates the children and tries to determine what happened and why. He continued to say that it is rare to have a child that young and it is rare to have an incident like the one this.
Chairwoman Myers asked if we need to change the state law. Nancy Travers said not at this point, but there are some changes that could be made at the state level--such as allowing the younger boys to stay in the girls cottage which is currently not allowed.
Chairwoman Myers asked what the role is between DSS and The Children’s Village and how often they interact. Don Wiede explained the Department of Probation is involved and communicates with CV on a regular basis because most of the children have probation officers.
Legislator Abinanti asked for the staff to child ratio. Don Wiede said there is a 6 to 1 child to staff ratio, with some cases of 1 to 1 supervision.
Nancy Travers stated that the relationship between DSS and The Children’s Village is unusual. DSS contracts and pays for the facility, but they do not have a direct relationship with the children at CV, and they are not under the care of DSS. She also explained that if there is an overflow of children from Westchester County they can be sent to two other facilities, one in Kingston and one on Long Island.
Legislator Abinanti asked if they have a children’s facility (meaning for the younger children).
Nancy Travers said they do not have a children’s facility and that it is not required by the state.
Legislator Abinanti asked if they technically could have a children’s facility. Nancy Travers said yes, but it is fiscally not possible, nor are there many cases of 8-10 year olds who are remanded to the facility.
Legislator Abinanti asked if the children stay at the facility for a long time because they have to wait for their trial. Don Wiede said no, that there cannot be a long wait for a trial because PINS and JD cases are required to go to court within 10 days of being remanded.
A discussion ensued regarding who pays for out of county children coming to the Westchester County facility and vice versa. Nancy Travers explained that the county that sends the child to the facility pays for the child’s stay there.
Legislator Abinanti said he is concerned about the medical procedures for the children after this incident. Peter Jackson stated that the child was medically treated right away, and that everything that could have possibly have been done for him was. His parent then asked for him to see a specialist and to go to the hospital.
Nancy Travers stated that this case is incredibly complex. Peter Jackson said there are issues with the parents.
Legislator Abinanti said he is concerned that there was a breach in supervision and wants to know what is being done to prevent this from happening again.
Chairwoman Myers stated that we will setup a visit to the facility so we can understand first hand.
The occupancy and budgetary numbers will be given to Andrew Neuman so the Committee can have them at the request of Legislator Abinanti.
Andrew Neuman gave a presentation on the County Executive’s report: Medicaid: The Best Business Subsidy Your Tax Dollars Can Buy . A copy of the presentation is on file and available for review.
The Committee discussed the presentation and were generally agreeable to it. Legislator Abinanti stated that this should be discussed with the business community and WARC so they can properly understand it. He said he thinks this can be a positive approach.
Moved by Legislator Bronz and seconded by Legislator Burton the Committee on Families, Health and Human Services adjourned at 2:08 p.m.
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