A 17-year-old has been living in North Country hospitals since August, with her lawyer indicating that the system allegedly has nowhere else for her to go. Rebecca Simser, the teenager's lawyer, described the situation as challenging for all parties involved.
The teenager's current predicament stems from a stay-away order issued in June. This order, prompted by reported behavior problems, prevented her return to her caregiver’s home. Since that time, Simser reported that her client transitioned through four different homes and four various facilities within the North Country region before beginning her continuous stay in hospitals at the end of August.
According to Simser, the teenager currently has no established safety plans, and her immediate circumstances severely lack essential support. She is not attending school, and her access to necessary medication is uncertain. Crucially, the teenager is not receiving one-on-one mental health treatment, as she is discharged from formal care only to remain in an emergency room bed. Simser also stated that her client does not meet the criteria for either voluntary or involuntary inpatient treatment, further complicating efforts to secure appropriate care.
With no other immediate options available, Simser intends to ask the court to declare her client as "destitute." This legal classification would recognize the teenager as homeless, without income or support, and would compel the Department of Social Services (DSS) to assume custody of her. However, Simser has been informed that Jefferson County's Department of Social Services will not file the necessary petition for this to occur. When approached for comment on this specific situation, the Department of Social Services stated they were unable to provide details.
Simser acknowledged the complexities of the case, stating that while her client may not be entirely blameless, the teenager is not currently receiving any discernible protections. As the attorney involved in a family offense petition where a minor is the alleged perpetrator, Simser emphasized her responsibility to protect the victim while also ensuring the child's best interests are met. Simser clarified that she does not attribute fault to any of the facilities involved in the teenager's care.
The challenges faced by this teenager reflect a growing issue across New York state, as indicated by official numbers. Last year, over a three-month period, 52 children in New York experienced delayed discharges from hospitals or emergency rooms. These delays were attributed to a lack of available care or suitable housing options, collectively resulting in more than 5,100 days of medically unnecessary inpatient hospitalization.
Simser expressed her hope that a properly functioning system would both protect the victim and provide her client with the necessary services and assistance. Her goal is to ensure the teenager does not continue to experience suffering, displacement, and deprivation as she transitions towards a more independent life, separate from the victim.