Statement on the Safety of the Children in Congregate Care During COVID-19
The Association of Legal Aid Attorneys, UAW Local 2325, is a union of over 1,600 legal workers at 11 non-profits in New York. We represent the child welfare and juvenile delinquency attorneys at The Legal Aid Society in New York City, and the staff attorneys, social workers, advocates, paralegals, and other legal workers that represent parents in child welfare cases at Neighborhood Defender Services of Harlem, Center for Family Representation, The Children’s Law Center, and Nassau County Legal Aid Society. We fight for thousands of children and families as they navigate the complicated labyrinth of the foster care system which is rife with racial and socio-economic bias, and we are the voice of children as young as seven that are involved in the traumatizing and often dehumanizing juvenile enforcement system. In New York City, approximately 60% of the children in the foster care system are black, and nearly 34% are Latino. Similar racial over-representation exists for the children, who are as young as seven, that have been accused of delinquent acts. These children are overwhelmingly from indigent and low-income families. Due to these factors, the children and families we represent are some of the most marginalized New Yorkers, with limited political power and visibility.
During this COVID-19 pandemic, we are especially concerned about our clients that are warehoused with other children in congregate facilities. This includes The Administration for Children’s Services’ Children’s Center, where kids are often brought when they are initially separated from their families, groups homes and other congregate placements inhabited by children in foster care, detention facilities where children accused of delinquent acts are warehoused before dispositions on their cases, and all post fact finding placement of children adjudicated juvenile delinquents.
Children in congregate facilities are in close contact with other children and staff, and it is nearly impossible for them to “socially distance” themselves. Unfortunately, a worker or a child in one of these settings will eventually contract COVID-19. This could lead to mass exposure, which would put the entire New York community at needlessly increased risk. The following demands will mitigate risk, while reducing trauma to the children and families involved in the system.
The immediate release of all children in pre-disposition detention. When possible, all children remanded to detention should be released to a parent or other community resource. Further, the court should avoid placing additional children in juvenile detention while COVID-19 poses a substantial risk to the New York community. Jailed adults in numerous states and
countries have been released to reduce the likelihood of this contagion spreading. It is inhumane for New York to continue to expose these children to the heightened risk by keeping them confined in close quarters with guards, staff, and other children.
Expeditiously find community placements from all children removed from their parents.ACS and its contact agencies must ensure that children who enter care are immediately placed with a community resource, or foster parent if no community resource is available, rather than stay at the Children’s Center. Importantly, ACS must be cognizant not to remove children from their parents or guardians absent imminent risk of serious harm to the child.
Provide a public plan to maintain contact between children, community contacts, their advocates and lawyers. The threats that COVID-19 poses can be stressful for children, particularly those that are already dealing with the trauma of being separated from their parents or siblings. ACS and its contract agencies must create a public plan to ensure that these children will safely maintain quality contact with their most cherished community resources and honor existing court orders regarding contact and visitation. Additionally, parents, family members, and their legal teams must be apprised of ACS’ plans to limit the risk of contract COVID-19 for children in care.
Provide a public plan to keep all kids in congregate facilities safe during this public health emergency. Children that remain in congregate facilities, including juvenile placement facilities, during this pandemic will continue to come into contact with staff and other children that may have COVID-19. At this time our union members and the families they represent have received little to no information regarding comprehensive plans and procedures for safety in congregate settings. These plans must be immediately communicated to parents, family members, children, and their legal teams. Moreover, children in these settings must be given age and developmentally appropriate instruction on how to reduce their own risk of contracting COVID-19.
Respectfully,
Jared Trujillo, Esq.
President
Assoc. of Legal Aid Attorneys UAW Local 2325 (AFL-CIO) Cell: (708) 623-3928 Jtrujillo@legal-aid.org