Lawsuit: Northern Rivers Family Services

“A legal services group has requested a court order for records from a New York group home where two teens were allegedly attacked by staff.

Disability Rights New York, which has federal authority to investigate abuse of the disabled, said Northern Rivers Family Services violated federal law by refusing to provide the information. Court papers also name Chief Executive John Henley and affiliate Northeast Parent and Child Society.

Disability Rights received complaints about a 13-year-old punched and choked with a cord at a Schenectady group home in late 2014, and a 15-year-old left unattended at a bus stop and choked by hand by staff at the same facility in early 2015. The group said it has authorization from both boys’ legal guardians to get the information.

“Defendants’ failure to comply with Disability Rights’ request for records and access to the children’s home prevents Disability Rights from performing its statutory mandate to investigate allegations of abuse and neglect of individuals with disabilities and monitor defendants’ compliances with the rights and safety of residents,” the nonprofit legal services group said.

Northern Rivers said that as an organization entrusted to protect children, it adheres to federal and state client confidentiality regulations. “In matters concerning privileged health information, we must take every step to ensure that any release of records complies with all applicable statutes,” a spokesman said.

According to Disability Rights, federal law authorizes its unaccompanied access to facilities providing care and treatment for people with developmental disabilities, mental illness and other disabilities in New York. The Schenectady group home first requested proof of its authority, then asserted the teens didn’t have developmental disabilities subject to its oversight, then stopped responding to its communications, prompting the lawsuit.

U.S. District Judge Glenn Suddaby scheduled a hearing March 10 for an order to provide the records and access to the residence.

Disability Rights has a similar suit pending for more than a year in federal court against the Cuomo Administration’s Justice Center responsible for state oversight of disabled New Yorkers. It’s seeking complete investigative reports on three abuse cases and one death in state care.”

Group home operator sued in probes of alleged abuse [Lockport journal 2/26/16 by AP]

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