QUESTION: One of the staff people in my group home is always putting us down. Don't we have any right to stop this?
ANSWER: Yes. The law forbids any "abuse or maltreatment" of a child by a staff person, consultant, or volunteer, and it is the agency's responsibility to make sure that residents of a group home are not being abused by staff members or others under their control. Abuse means physical abuse, but also includes "demeaning or degrading a child." This means that a staff person cannot hit you, and also cannot curse your out, call you names, or put you down.
If a staff has done any of these things, you should report this conduct to your social worker. If you think they are not doing anything about it, you should contact a supervisor or the director of the group home or agency, and you should also contact your ACS worker.
The law says that people caring for children or teenagers in a group home (including staff, volunteers and consultants) should be of "good moral character, with an interest in and an ability to care for children." And the agency must make sure that any employee, volunteer, or consultant who works in its facilities uses "appropriate custodial conduct" when caring for children. This means that staff, volunteers and consultants cannot:
- use or carry illegal drugs on the job, or come to work under the influence of illegal drugs;
- use or have alcohol in their possession on the job, or come to work under the influence of alcohol;
- use language or gestures which can cause emotional harm to children;
- behave in a discriminatory manner toward children receiving care;
- have sexual relations with residents;
- possess firearms or other dangerous weapons while on the grounds of residential child care facilities;
- act in any other manner which would be detrimental to residents.
If you feel that any of these rules are being broken, you should first try talking to your social worker about what the problem is and how it can be fixed. if things do not get resolved, you should plan on meeting with others at the agency who are responsible for the group home, such as supervisors and maybe even the director of the group home or agency.
QUESTION: Are group home staff allowed to use physical force with a resident?
ANSWER: Living in a group home is rough and sometimes things can get out of control. When this happens, it is the staff's responsibility to get things under control. They should try to do this by talking, but sometimes talking doesn't work. Staff are not supposed to use physical force unless they have tried every other way to control the situation and they feel that you are hurting yourself, someone else, or destroying property.
When they use physical force, staff are not allowed to hit you, beat you, or slap you. They cannot put you in solitary confinement, which means they cannot lock you in a room as a form of punishment. By law, if you are going to hurt yourself, somebody else, or property, then staff are allowed to:
- Hold you with their hands or bodies (called physical restraint).
- Use handcuffs or footcuffs (called mechanical restraint), but only if you are being taken into a van or a car and you are a "clear danger to public safety or yourself."
- Use drugs or medication to control you. This is only allowed if a doctor who knows your medical history gives an order that medication be used. This is very serious and therefore the staff must try other ways to restrain you before using drugs.
- Use room isolation, but only if it is clear that you are going to hurt yourself, someone else, or property. Isolation in a room cannot be used as a way for staff to take "a break" from you.
If you are restrained and injured as a result, then a doctor or nurse has to examine you right after you are restrained. They have to also write a report that goes into your medical record. If you believe that staff are not following these rules, then you can:
- Ask to see your agency's written policy on restraint.
- Request a meeting at your agency with your social worker and supervisor.
- Ask the Children's Rights Unit at CWA (212-266-2500) to start an investigation.
- Call the Child Abuse Hotline (1-800-342-3702). The New York State Department of Social Services is responsible for investigating abuse or "maltreatment" to children living in foster care, group homes, and institutions.
- Call your lawyer.
- Call the Legal Rights Hotline (212-675-6181) for help. Leave a message and we'll call you back.
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NYS Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
607-272-0034 • fax 607-272-0035
office@nysccc.org7/10/02