The New Hampshire Attorney General’s office said Tuesday that poor leadership by state officials, staffing shortages, insufficient staff training, and the lack of an operational philosophy has created serious safety issues for children and staff at the state-run youth detention center.
The office was tapped by Gov. Kelly Ayotte to investigate fresh reports of illegal restraints and an extended lockdown at the Sununu Youth Services Center. The state’s Office of the Child Advocate, an independent watchdog, the Disability Rights Center in New Hampshire, and a panel of lawmakers have raised concerns in recent months about alleged abuse. In May, the Department of Health and Human Services defended its oversight of the facility.
The 56-page report released Tuesday found no evidence youth had been sexually or physically abused or held in illegal restraints. Instead, youth had seriously injured staff, causing one employee to take leave for a brain injury, the report said. Other staff suffered a broken nose and jaw, the report said.
Investigators said “significant operational challenges and dysfunction” inside the Sununu Center has led to serious safety issues.
“We conclude that [the Sununu Center] does not have sufficient levels of experienced staff to operate safely, that lack of accountability for both youth and staff hinders safe and effective operations at [the center], and that the disconnection and dysfunction within the administration team has created a culture and climate within [the center] that is plagued with operational issues at every level.”
The Attorney General’s report comes a day before the Executive Council is expected to revisit a $1.3 million contract for 18 temporary youth counselors it tabled two weeks ago. Councilors cited concerns about background checks. The state Department of Health and Human Services said the concerns were unfounded and warned failing to pass the contract would worsen already dire staffing shortages.
AG calls for changes amid 'dangerous' conditions
The Attorney General's report called on the state Division for Children, Youth and Families and leadership at the Sununu Center to make a number of changes, including hiring more staff, ensuring staff are properly trained, considering body-worn cameras for employees who work with youth, and creating a process to refer youth who assault someone inside the center or cause significant property damage for criminal charges.
Armed state troopers have been stationed inside the youth detention center since June 19 as staffing dropped to critically low levels described as "dangerous" by the state's Office of the Child Advocate. State officials said there had been multiple incidents of children assaulting staff and each other.
It was unclear Tuesday how many staff are at the center to supervise the roughly 13 youth between the ages of 13 and 17 who are held there.
In late June, the center’s chaplain, José Luna, told lawmakers and the Executive Council in an email that dire staffing shortages posed “immediate safety concerns.” He said there were only five or six staff members on duty in late June and no staff members to call for an emergency.
“Under those circumstances, staff were left to manage dangerous situations with severely limited support and, in some instances, were instructed to secure themselves in the office rather than intervene until additional assistance arrived,” Luna wrote.
Gov. directs state agencies to address staffing shortages
In a statement Tuesday, Ayotte called the operational problems in the facility “unacceptable.” She said she has directed the Department of Health and Human Services and the Attorney General’s office to immediately address staffing shortages and implement body-worn cameras.
“Any allegations of abuse should be taken seriously and investigated thoroughly,” Ayotte said. “While the [Sununu Youth Services Center] is operating within the law, there are unacceptable systemic issues that must be addressed.”
The Attorney General’s Office also said the Division for Children Youth and Families should choose a new director for the center that has the necessary experience to manage a secure facility for youth.
The report said the former director, Joshua Nye, lacked the “professional maturity to excel in his high-ranking position,” though it said problems at the center predated him. Nye resigned in May after lawmakers concluded he had demonstrated “an extreme lack of leadership."
Nye and his attorney could not be immediately reached for comment, nor could the Disability Rights Center or the state Office of the Child Advocate.
Health and Human Services Commissioner Lori Weaver said in a statement that the department is following the governor's orders and "will also conduct a comprehensive review of all facility operations including staffing and leadership."
The scandal-plagued detention center once again came under intense scrutiny in March when the state Child Advocate Cassandra Sanchez released a report describing the children held there as living under a six-week lockdown with little-to-no access to school programs or time outside. The report also alleged staff illegally held down a child for more than three minutes, breaking a bone in his hand in the process. This report prompted the governor to ask the Attorney General's office to investigate.
Now, the Attorney General's report disputes those accounts.
Sanchez said the restrictions were gradually lifted over about six weeks. The Attorney General’s report said Marie Noonan, director of the Division for Children, Youth and Families, and Nye, the former director, approved an "initial restriction period" that lasted one week, followed by a "modified schedule." The report does not describe the restrictions.
The Attorney General’s office said while access to education “could have been managed better,” the restrictions were appropriate “given the escalated level of dysregulation and safety risks to youth and staff within the facility.”
As for the child with the broken bone in his hand, state investigators found that the child "caused the injury to his own hand by punching a window."
