The New York City Administration for Children Services (ACS) must improve its oversight and monitoring of youth services at New York City’s two secure juvenile detention centers, do more to prevent contraband from entering the facilities and improve access to health, mental health and educational services, according to an audit released today by New York State Comptroller Thomas P. DiNapoli.
“The New York City Administration for Children Services has to improve its operations and oversight at Horizon and Crossroads juvenile centers,” DiNapoli said. “To protect the youth and the staff, the agency should improve case management, address safety issues and ensure access to education, special education and medical and mental health services so the youth are prepared to re-enter society and have hope for a better future.”
ACS oversees Horizon Juvenile Center in the Bronx and Crossroads Juvenile Center in Brooklyn. ACS is responsible for admitted youths’ safety, medical, mental health and case management services and oversees their access to education and other programs.
The audit was conducted from October 2018 to December 2023, which included not only the COVID-19 pandemic but also the initial implementation of New York’s Raise the Age law, which raised the age at which youth could be prosecuted as adults in criminal cases from 16 to 18. Beginning October 2018, 16- and 17-year-olds were transferred from Rikers Island to Horizon.
Intake and Case Management Needs Improvement
For the period from October 1, 2018 through March 31, 2023, ACS data shows 3,643 youth were admitted to the two facilities – 3,234 to Crossroads and 409 to Horizon. Intake and case management services are critical when youth arrive at Crossroads or Horizon to provide appropriate medical, mental health and educational services, as well as recreational and skill development or vocational training. DiNapoli’s audit found only 53% of youth sampled received an initial interview within 24 hours as required.
Also, many of these initial assessments were incomplete, many required screenings and services were late and case managers often failed to meet with the youth as required. For example, 94% of youth sampled did not get all the daily case management meetings required within the first week after admission, and 76% did not receive the weekly meetings required thereafter until discharge.
As a result, DiNapoli’s auditors found no assurance that youth received the assessments and information needed to transition successfully to the facility upon admission nor received appropriate evaluations and services or were prepared to re-enter their communities when discharged.
Facility Safety
Critical and non-critical incidents, including violent assaults, contraband, self-harm, theft or loss of facility property are required to be reported to the New York State Office of Children and Family Services (OCFS). Auditors found ACS did not report 37%, or 3,630 incidents at Horizon and Crossroads to OCFS from January 2019 through December 2023. Auditors could not determine what kind of incidents ACS failed to report because the agency did not provide this information.
For the three months of incident reports that ACS did provide, auditors found 26%, or 68 of 258 incidents, were not reported to OCFS. These incidents included self-harm, contraband, assault and aggression and child abuse allegations. If incidents are not reported to OCFS, its ability to review the centers’ compliance with regulations, including those related to abuse, neglect, and accident prevention, may be hampered.
Serious incidents are supposed to be reported to OCFS immediately and can include escape, injuries that lead to a hospital visit or fire. Incidents required to be reported within six hours include deaths and within 24 hours include assaults, sexual abuse, disturbances, contraband and employee misconduct. Auditors looked at 62 of 6,916 incidents that occurred from October 2018 to April 2023 and found 15, or nearly one-in-four, were reported anywhere from one to 23 days late instead of within the six- or 24-hours requirements. In one instance, youth attempted to escape from Crossroads on May 26, 2020, but ACS did not report it until two days later.
Auditors found the number of reported incidents in ACS’s internal database declined from 3,480 in 2019 to 2,578 in 2023.
Contraband
ACS’ ability to stop dangerous contraband from getting into the centers is insufficient, auditors found. Contraband can be weapons, such as razors, scalpels, knives, or other sharpened objects, narcotics, cell phones, certain clothing and items that could aid in an escape.
Contraband incidents increased more than tenfold, from 62 cases in 2019 to 706 cases in 2023. The audit found failure to enforce existing ACS policies may have led to this increase. Everyone entering and leaving the facilities is scanned and subject to search. ACS employees are trained to confiscate contraband when they find it and notify a supervisor. ACS officials said the increase in contraband being found was due to added safeguards. However, during a visit to Horizon, auditors saw an ACS official enter with two cell phones through security scanners, despite an ACS policy prohibiting them. No one directed the individual to take the phones back to their locker.
Chronic Absenteeism
Education and special education services are provided on site by New York City Public Schools (NYCPS), and ACS is responsible for facilitating the timely arrival and attendance of youth to their classes. Youth at both Horizon and Crossroads suffer from chronic absenteeism. On average, youth missed 26% of the school days for the period from October 1, 2018 to February 16, 2023. ACS said staff shortages, refusal to attend classes, along with court appearances and incidents were reasons for the high absenteeism rates.
Many detainees have a disability that makes them eligible for special education and related services. Auditors found that of the eligible students sampled, a majority were chronically absent ranging from 11% to 51% of the time. Only 31% of youth eligible for counseling or speech therapy received all services they were eligible for. Auditors could not determine whether youth did not receive all their sessions due to being absent or due to other factors such as the unavailability of services.
Afterschool programs can help direct youth away from criminal activity and build life skills, reducing the risk of reoffending. But auditors found ACS could not provide data on program participation, attendance or duration of the afterschool programs.
Recommendations
DiNapoli’s audit made several recommendations:
- Ensure ACS policies for intake, housing and case management are communicated to staff and establish monitoring functions to ensure compliance with policies.
- Ensure all incidents are reported timely and accurately to OCFS as required.
- Strengthen policies and practices for the prevention and detection of contraband.
- Work with OCFS, NYCPS and other stakeholders to reduce chronic absenteeism.
- Track and monitor access to afterschool programs and ensure records are properly maintained.
Response
ACS noted that the audit period included a change in leadership at the agency as well as initial implementation of the Raise the Age Act, when 16- and 17- year-olds were transferred from Rikers Island, during which time Horizon was jointly administered by ACS and the NYC Department of Correction. ACS also noted many employees fell sick and staffing was extremely challenged during the COVID-19 pandemic.