ALBANY - One disabled New York child was subjected to electroshock therapy. Another with multiple disabilities was restrained, despite directions against it, and injured himself.
Both are among the cases of injury, abuse and other harm to New York children and young adults with multiple handicaps while in the care of out-of-state facilities. They were placed there with New York state funding because there's no room for them to be cared for in their home state.
But these 1,400 children and young adults whose care costs New York taxpayers as much as $200,000 each per year would receive greater oversight by New York officials and, eventually, return to New York for care, under a bill approved by the Legislature.
Vito Albanese of Brooklyn, by all accounts, is the reason the Legislature had a law to approve a week ago. His son Vito Jr., known as Billy, was sent to residential facilities in nearby states because of his traumatic brain injury.
His father says he was beaten, restrained despite direction against it, and in one case received 40 stitches from a fall.
Albanese tried to find the best care he could for his son. But now the 67-year-old father will only allow himself to care for Billy, now 34, at home.
"New York state has taken a giant step forward to protecting and putting in safe guards for our more vulnerable and voiceless citizens," Albanese said. "I'm getting old and if I die, I have to have a place for Billy to reside. That's my biggest fear."
The concerns about some of these facilities, often with overworked and underpaid staff, are well documented.
"There are things that are happening in some of these places ... that society wouldn't let happen to animals down at the animal shelter," said Nancy Weiss of the advocacy group Tash, based in Baltimore, formerly the Association for Persons with Severe Handicaps.
The law will require more inspections by New York officials and greater coordination of the many agencies responsible for the care of New Yorkers in out-of-state facilities, from the state Education Department to the Commission on Quality Care for the disabled.
Gov. George Pataki vetoed a similar bill last year for technical flaws, but said it had merit. He created a commission that investigated the care, the alternatives, and even confirmed the use of electroshock therapy, which is illegal for these patients under New York law.
"This is certainly an important issue to us and we are pleased to have been able to work with the Legislature and advocates to try and build consensus," said Pataki spokesman Andrew Rush. He said Pataki is reviewing the details now.
The Pataki commission's report included the allegations of abuse and neglect. The panel also estimated the state's cost of more than $200 million a year would be cut substantially, while creating hundreds of new jobs.
Most of the private facilities used by New Yorkers are in New England and New Jersey.
The number of children in out-of-state placements, which can include foster care children, has grown by more than 1,000 children between 1998 and last year, said Assemblywoman Joan Millman, a Brooklyn Democrat and co-sponsor of the bill.
Republican Sen. Martin Golden, a Brooklyn Republican and co-sponsor of the bill, said Pataki's support is "pretty solid."
"The (Pataki) task force helped us mold a comprehensive bill to be able to deal with all the different agencies that have different jurisdiction to make sure no child falls through the cracks and there is accountability at all levels."
"They could strap these kids down for hours, there was physical and sexual abuse, two kids died, and in one case they used shock therapy," Golden said, citing the findings by New York investigators. He was unsure if the children who died were New Yorkers. "It was just horrid."
"A lot of these kids can't talk," Millman said. "And there parents live so far away they can't be there as often." She credited Albanese for continuing to press the bill, named for his son who "came out in worse shape than he went in."
"This guy is amazing," she said of Vito Albanese. "It wouldn't have happened if it weren't for this one determined father.
But these 1,400 children and young adults whose care costs New York taxpayers as much as $200,000 each per year would receive greater oversight by New York officials and, eventually, return to New York for care, under a bill approved by the Legislature.
Vito Albanese of Brooklyn, by all accounts, is the reason the Legislature had a law to approve a week ago. His son Vito Jr., known as Billy, was sent to residential facilities in nearby states because of his traumatic brain injury.
His father says he was beaten, restrained despite direction against it, and in one case received 40 stitches from a fall.
Albanese tried to find the best care he could for his son. But now the 67-year-old father will only allow himself to care for Billy, now 34, at home.
"New York state has taken a giant step forward to protecting and putting in safe guards for our more vulnerable and voiceless citizens," Albanese said. "I'm getting old and if I die, I have to have a place for Billy to reside. That's my biggest fear."
The concerns about some of these facilities, often with overworked and underpaid staff, are well documented.
"There are things that are happening in some of these places ... that society wouldn't let happen to animals down at the animal shelter," said Nancy Weiss of the advocacy group Tash, based in Baltimore, formerly the Association for Persons with Severe Handicaps.
The law will require more inspections by New York officials and greater coordination of the many agencies responsible for the care of New Yorkers in out-of-state facilities, from the state Education Department to the Commission on Quality Care for the disabled.
Gov. George Pataki vetoed a similar bill last year for technical flaws, but said it had merit. He created a commission that investigated the care, the alternatives, and even confirmed the use of electroshock therapy, which is illegal for these patients under New York law.
"This is certainly an important issue to us and we are pleased to have been able to work with the Legislature and advocates to try and build consensus," said Pataki spokesman Andrew Rush. He said Pataki is reviewing the details now.
The Pataki commission's report included the allegations of abuse and neglect. The panel also estimated the state's cost of more than $200 million a year would be cut substantially, while creating hundreds of new jobs.
Most of the private facilities used by New Yorkers are in New England and New Jersey.
The number of children in out-of-state placements, which can include foster care children, has grown by more than 1,000 children between 1998 and last year, said Assemblywoman Joan Millman, a Brooklyn Democrat and co-sponsor of the bill.
Republican Sen. Martin Golden, a Brooklyn Republican and co-sponsor of the bill, said Pataki's support is "pretty solid."
"The (Pataki) task force helped us mold a comprehensive bill to be able to deal with all the different agencies that have different jurisdiction to make sure no child falls through the cracks and there is accountability at all levels."
"They could strap these kids down for hours, there was physical and sexual abuse, two kids died, and in one case they used shock therapy," Golden said, citing the findings by New York investigators. He was unsure if the children who died were New Yorkers. "It was just horrid."
"A lot of these kids can't talk," Millman said. "And there parents live so far away they can't be there as often." She credited Albanese for continuing to press the bill, named for his son who "came out in worse shape than he went in."
"This guy is amazing," she said of Vito Albanese. "It wouldn't have happened if it weren't for this one determined father.
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