Lawsuit: NH teens far more likely to be placed in institutions

Jan. 6—Teenagers in state care, especially those with mental health challenges, are being "warehoused" in group homes and institutions rather than placed with family members or in foster care, alleges a lawsuit filed on Tuesday.

Four teenagers in care of the state Division of Children, Youth and Families are plaintiffs in the lawsuit, a class action that aims to include older children in state care who are in institutions or at risk of being placed there.

The complaint was filed by attorneys with the Disability Rights Center, the American Civil Liberties Union of New Hampshire, New Hampshire Legal Aid and Children's Rights Inc., a New York-based advocacy group focused on the treatment of children in state care.

In a statement, Gov. Chris Sununu dismissed the concerns raised in the suit and attacked Children's Rights Inc. as a group that "preys" on state agencies like DCYF.

"While some states have issues they need to address, here in NH we have made more progressive reforms to our state's child welfare system than any administration in history," Sununu said.

The four plaintiffs, identified by their initials, are ages 14 and 16. They are living in group homes or institutions after being removed from their families by DCYF.

G.K., 14, was living with a grandparent after being removed from their parents until DCYF decided to place the child in a congregate setting.

C.I., 16, prioritized placement with a family over staying with a sibling, but the complaint alleges DCYF stopped C.I. from being adopted because the family would not take C.I.'s sibling. After a mental health crisis, C.I. was placed in a residential facility where, the complaint alleges, adults used restraint holds to assert control over children.

T.L., 14, had been attending Crotched Mountain School as a day student, and after being removed from their parent's care in 2018, became a residential student. A year later, DCYF moved T.L. to another facility in another state, the complaint alleges, for reasons that were never explained to T.L.

R.K., 14, was placed at a group home at 12, where R.K. was not allowed to play sports and singing was punished with a 15-minute timeout, the complaint alleges. R.K.'s grandmother is a licensed foster parent in New York, the complaint states, and R.K. wanted to live with her, or with an aunt who had expressed willingness to take the child in.

Shereen White of Children's Rights Inc., one of the lawyers who filed the complaint, said in New Hampshire in 2019, more than 70% of children 14 to 17 in state care were in congregate settings, compared to 31% nationwide.

The problem is particularly acute for teenagers with a mental impairment, like the four plaintiffs, whose conditions include ADHD and bipolar disorder. Just over 90% of teenagers in state care with a diagnosed mental impairment were living in institutions, White said.

"Facilities should be reserved for the most extreme circumstances, and even then for a limited amount of time," White said. Instead, the complaint alleges, institutions are almost a default for older children in state care.

The aim of the lawsuit is to place children in less-restrictive settings, White said, as is their right under the Americans with Disabilities Act.

Part of the issue, White said, is that youth do not have attorneys in placement hearings. New Hampshire is one of five states that does not grant youths a right to an attorney during these hearings.

The complaint points out a 2020 report from New Hampshire'sOffice of the Child Advocate that noted the scarcity of foster homes that can care for children with mental illnesses and who have experienced trauma.

"It's not impossible," White said. "It just requires a huge focus from the state."

Department of Health and Human Services spokesman Jake Leon said New Hampshire has a record-high number of licensed foster homes, but he said it is difficult to find foster families willing to work with teenagers.

"We are constantly looking for more, and encourage anyone willing to work with youths, particularly adolescents, to consider applying to be a foster family," Leon said in an email.

Moira O'Neill, the state's child advocate, said with laws passed in 2019, New Hampshire is in position to roll out new services to help children, like mobile crisis centers and a total redesign of residential care in the state.

"We're probably seeing some impatience," O'Neill said. Although she would not comment on the contents of the lawsuit, she said she understood dozens of children had been spoken with.

"When children speak, they should be listened to," O'Neill said.

jgrove@unionleader.com

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