A top official at the Department of Health and Human Services pushed back on Friday against many of the findings of a legislative inquiry into various allegations of improper treatment at the state’s youth detention center, but she also acknowledged systemic leadership and culture failures at the Manchester facility.
“We have miles to go for improvement, but we have a foundation that I think we can build from,” Patricia Tilley, an associate commissioner for the department, said.
During two hours of testimony before the legislature’s Oversight Commission on Children’s Services, Tilley presented the department’s 22-page response to a report released last week by a legislative committee, which had called for more than two dozen changes at the Sununu Youth Services Center.
She indicated that some of the report’s recommendations were being implemented while pushing back against its findings. The department wrote in its response that the committee’s conclusions were unsupported “by the full evidentiary record.”
Tilley disputed claims that had arisen over the past two months about the cause of an injury to a child held in the facility and about the duration of restrictions on children’s movement.
The department’s review found that “staff did not cause a youth’s injury, youth were not isolated for two weeks, and that the facility implemented a series of programmatic changes for staff and youth safety that progressively returned to normal practice,” Tilley said.
The meeting grew testy at times as lawmakers and other members of the commission questioned Tilley.
“I’m shocked by the attitude, I’m shocked by some of the things that you said that we reported that we didn’t, and I really, really feel like the lack of leadership from DCYF is why we are here,” said Republican Sen. Victoria Sullivan, who chaired the ad-hoc committee.
The committee’s investigation focused on allegations that have emerged publicly since March, when the Office of the Child Advocate reported concerns about the use of physical restraints on children, a weeks-long restriction on the children’s movement and limited educational instruction.
Three other investigations — conducted by the Attorney General’s office, the Office of the Child Advocate and the Disability Rights Center — remain ongoing.
Tilley said that those inquiries prompted “additional attention” from the department in recent months, which she described as an “all hands on deck” response.
While acknowledging “a leadership failure,” Tilley said the department remains supportive of Marie Noonan, the director of the Division for Children, Youth and Families, which oversees the facility. The committee had said it had lost confidence in her.
The facility itself is currently without a leader following the resignation last week of Bureau Chief Joshua Nye after less than four months in the role. Tilley said that the department has not appointed an interim chief and is set to launch a search for a permanent replacement.
Nye has not responded to requests for comment over the past month. Noonan was not present at Friday’s meeting due to a personal obligation.
Tilley said the department is in the process of implementing new training for staff. She noted that three employees are currently on medical leave and six have been assigned to “light duty” due to injuries sustained on the job. The facility is currently operating at a staff vacancy rate of 32%.
Tilley committed to transitioning from strip searches of children to the use of a body scanner by June 30. Despite having owned the body scanner for approximately two years, the facility has yet to finalize policies around it, as well as train staff to use it.
The department is also in the process of renegotiating a contract with its educational provider, MY TURN, after Tulley said that “funds were found” to cover the cost.
She did not respond to concerns about the potential illegal use of prone restraints on children, deferring to the pending inquiry by the attorney general’s office.
Responding to concerns raised by the committee about the inability of staff to speak freely about what they witnessed, Tulley said no one had experienced retaliation. However, she said, “I couldn’t agree more that we have culture work to do.”
