The state agency that runs New Hampshire’s youth detention center refuted a number of claims made by lawmakers in recent weeks that children held there were subjected to a weeks-long lockdown and has failed to adopt a therapeutic approach as required by law. Still, the New Hampshire Department of Health and Human Services said it is committed to making a number of changes to better support children in its care.
“Youth safety, staff well-being, and transparency are core values that guide all of our operating decisions at the department,” Associate Commissioner Patricia Tilley told members of the Oversight Commission on Children’s Services Friday.
State health officials were summoned before commissioners Friday morning to address concerns outlined in a recent 12-page report, which said leadership within the Sununu Youth Services Center and the state Division for Children, Youth, and Families, which oversees the facility, was failing children and staff.
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The commission, which is made up of lawmakers and other child safety advocates, launched its investigation after the state Office of the Child Advocate disclosed it had received reports that a child had been injured during an illegal restraint and that children had been denied access to the gym, cafeteria, and classrooms during an extended lockdown.
The health department responded with its own 22-page report on Friday and Tilley’s testimony to the commission.
Department officials told the commission its report was based on partial or inaccurate information and had omitted contradictory facts the department provided. The conversation between Tilley and commission members grew tense at times.
Sen. Victoria Sullivan, who headed the commission’s investigative team, called much of the department's report “inaccurate,” and said state officials made it difficult for her team to get information.
“You lawyered up immediately. We didn't get to meet for weeks,” Sullivan told Tilley. “And finally, the attorney general advised you to meet with us.”
'An extreme lack of leadership'
The Department of Health and Human Services report addressed each of the commission’s findings and noted in some cases that it needed more money from the state to adopt some of its recommendations:
It said children at the Sununu Center were not locked down and prevented from using the gym, criteria or classrooms for four to six weeks, as the Office of the Child Advocate stated based on its interviews with children and staff, as well as a review of more than 300 hours of video footage.
Children were briefly confined to their units at the end of January due to safety concerns, according to the health department. The department said its video review showed that restrictions were gradually lifted over the following weeks and discontinued by mid-March.
“None of this minimizes the experiences and perceptions of the youth themselves,” Tilley told the commission. “We recognize that what youth experience, especially in moments of stress, in a setting far from home, matters deeply, regardless of intent.”
The health department said it has adopted a therapeutic, trauma-informed approach to its residents, who range in age from 13 to 17, as required by a 2023 law. However, the department’s report references its work on the new, smaller youth detention facility that’s expected to open by January. The law required the department to begin that transition within the current facility.
The department said by next week, residents will be able to assist with the community garden and be offered life skills classes, such as cooking. Recently, staff began holding cookouts and outdoor games.
The commission’s report singled out the youth detention center’s former director Joshua Nye for an “extreme lack of leadership.” Nye, whose resume showed little experience with a juvenile residential or justice facility, was absent from work for much of May and resigned earlier this month.
Tilley was asked if Nye should have been at work during the height of the investigation. She said, "Typically that is what we see from leadership.”
The department said Nye was one of three finalists for the job, out of 39 people who applied, and had been interviewed by a panel that included the Office of the Child Advocate. The report doesn’t note that the child advocate’s office opposed hiring him.
In an email Friday, Child Advocate Cassandra Sanchez told NHPR that her office “suggested they continue to explore candidates or leave the position vacant until a candidate with more relevant experience can be identified.”
Nye’s attorney did not return a request for comment Friday.
'We're not past this'
The health department agreed with the commission that it should search its residents for weapons and contraband with its body scanner, rather than using trip searches. It committed to doing so by the end of June. Commission members have had the body scanner for two years but didn’t finalize a policy to use it until recently.
Tilley said ongoing changes in leadership at the facility have stalled prior attempts to write a policy.
“We accept your outrage on that,” Tilley said. “We are moving forward right now although it did not appear that way, I can say that that policy had been worked on in fits and starts all along.”
The commission called for staff training that focused on de-escalation techniques to replace the current military-style training. The health department said it agrees and has begun to make changes. It said it has not done so sooner due to lack of resources.
Sanchez, the child advocate, said in an interview that she’s pleased the health department said it’s willing to work with her office to address concerns. But she disputed the department’s claims that the lockdown was brief and said the report does not focus enough on the needs of the residents at the facility.
“I feel we are losing the children in the message,” Sanchez said.
She said her office continues to get reports about incidents at the facility almost daily as it continues to investigate abuse allegations.
“We’re not past this,” Sanchez said.
