A powerful report by one of my Assembly colleagues gives credence to what many of us have been claiming for months – changes in policy and procedures by the Office of Children and Family Services (OCFS) have put at a greater risk of physical harm state employees who work in youth facilities such as Tryon in Johnstown.
Under OCFS Commissioner Gladys Carrion’s watch, there has been a determined effort to transform our state juvenile justice system from a correctional model to a “sanctuary” model. Under the new therapeutic model, the youths at these facilities are treated for trauma and given counseling, as well as passive behavior modifications – rather than physical restraint – as a means of control.
In a recent report by Assemblyman Rory Lancman, entitled “Employees Safety in the NYS Juvenile Justice System,” the Assemblyman points out that while workplace injury rates at OCFS are among the highest of any state agency, in the midst of the current reform efforts, workers’ compensation cases at state-operated residential facilities have increased by 33 percent over the last fiscal year. Further, incidents caused by “assaults and violent acts by persons” increased by 42 percent between fiscal year 2007-08 and fiscal year 2008-09. Lancman is the Chairman of the Assembly Subcommittee on Workplace Safety.
As Lancman details, those results have brought about increased workers’ compensation costs; compensation and medical costs and increases in indirect costs such as overtime, retraining and recruitment also are a part of the equation.
Lancman’s report also acknowledges that the shift to less secure privately operated community-based programs raises its own workplace safety concerns. He cites two specific incidents – one in which a community residence worker in Lockport was murdered by a youth placed by OCFS in a private residential center, and the other in which a police officer was shot in the head by a youth who was AWOL from a private residential community placement in Rochester.
The report verifies many claims that have been made by Tryon workers about conditions within the facility. Lack of proper training and a lack of support for employees are issues that he speaks to. But the report does not detail the stress the workers face daily or the sharp decline in morale at the facility, which comes with a perceived lack of support from the administration. On top of that, these workers face the uncertainty of Tryon’s scheduled closure by year’s end, as outlined in the Governor’s budget proposal.
Many rightly argue that by passing the state budget piecemeal through the weekly budget extenders put forth by the governor, the legislature is abdicating its role in formulating the state budget. This past week’s extender included $2.9 million in “cuts” to facilitate the closure of Tryon and continued implementation of the “sanctuary” model, which will arguably put workers and communities in continued peril. As the only Assembly member who raised the issue when the extender passed, I argued that the legislature also was surrendering it responsibility in formulating policy by allowing this item to pass with little challenge. This dramatic change in public policy deserves a thorough public airing, and developments such as Mr. Lancman’s report support that belief. As always, if you have any questions or comments about any state issues, please don’t hesitate to contact me at either my Johnstown office at (518) 762-6486, or my Herkimer office at (315) 866-1632.