August 12, 2020 Cynthia Figueroa, Deputy Mayor Philadelphia Office of Children and Families 1515 Arch Street, 8th Floor Philadelphia, P A 19102 Donna E.M. Bailey, CEO Community Behavioral Health 801 Market Street, 7th Floor Philadelphia, PA 19107 Dear Ms. Figueroa and Ms. Bailey: As members of Philadelphia City Council, we write once again with outrage in the wake of another example of systemic abuse that Philadelphia youth have faced in institutional placement. In light of the Philadelphia Inquirer’s reporting of dozens of accounts of sexual misconduct perpetrated by staff and enabled by leadership of the Devereux Advanced Behavioral Health facility, we call for the immediate removal of Philadelphia youth from Devereux and a commitment to end the City’s contract with this provider. According to the Philadelphia Inquirer, at least 41 children—as young as age 12 and many of whom have serious behavioral and cognitive needs—have been raped or sexually assaulted by Devereux staff members over the last 25 years. Of those, ten youth shared that they were assaulted at one of Devereux’s three campuses in the Philadelphia suburbs, while the others were abused at facilities in New Jersey, Texas, Florida, Georgia, Connecticut, New York, and Arizona. Sexual assault and abuse is severely underreported, and we know that these cases may represent an incomplete accounting of abuse which may have occurred. This reporting underscores what we have long known—residential treatment facilities for children have operated without adequate oversight, public accountability, and transparency. On June 30th, six Councilmembers wrote to the Administration to address the deep racial disparities that exist in the system of youth placement, and to call for common sense protections for youth. Further, we requested the creation of an independent Youth Ombudsman Office and a Chief Ombudsman Officer, whose responsibility would be to investigate complaints of abuse and negligence of children living in institutional placement. Additionally, we requested the funding Page 1 of 3 allocation necessary to conduct a comprehensive review of educational programs and delivery in institutional placements, in order to better understand safety and outcomes of these City funded institutions. We now call for that review to be expanded to all aspects of operations for institutional placements. The fact that the Commonwealth has failed time and again at improving its oversight and compliance even after the Glen Mills, VisionQuest and Wordsworth scandals leaves us, as elected officials, with no choice but to take local legislative action. When Council reconvenes in September, we will be introducing legislation to establish municipal licensing of youth residential facilities that will allow us to regulate these institutions in the absence of state oversight. The outrageous accounts of misconduct and abuse at Devereux make this initiative as pressing as ever. This is the result of a profound failure of oversight at the state and local level. We, therefore, demand the following immediate steps: 1. Remove all Philadelphia youth from Devereux facilities and permanently close intake at all Devereux facilities; 2. Cancel all City and School District contracts with Devereux and offer alternative programs for families; 3. Create funding for an independent Youth Ombudsman Office to investigate complaints on all matters related to Philadelphia youth in placement; 4. Establish a City hotline for Philadelphia youth and families to report abuse without fear of retaliation and with the guarantee of immediate investigation; 5. Fund a complete review of the safety and educational outcomes of residential placements. Estimates indicate approximately $500,000 will be needed to complete a review of 50 percent of the facilities each year; and 6. Openly communicate with families and guardians who have children in Devereux facilities. We must no longer pay a single cent to facilities that perpetuate harm and trauma to our children with callous disregard for their safety and well-being. We look forward to working with you through this process. Sincerely, Helen Gym Councilmember At-Large Chair, Committee on Children and Youth Isaiah Thomas, Councilmember At-Large Vice Chair, Committee on Children and Youth Page 2 of 3 Mark Squilla Councilmember, 1st Council District Kenyatta Johnson Councilmember, 2nd Council District Jamie Gauthier Councilmember, 3rd Council District Curtis J. Jones Jr. Councilmember, 4th Council District Bobby Henon Councilmember, 6th Council District Maria Quiñones-Sánchez Councilmember, 7th Council District Cindy Bass Councilmember, 8th Council District Cherelle L. Parker Councilmember, 9th Council District Kendra Brooks Councilmember At-Large Allan Domb Councilmember At-Large Katherine Gilmore Richardson Councilmember At-Large Derek S. Green Councilmember At-Large cc: Eva Gladstein, Deputy Managing Director for Health and Human Services City of Philadelphia Kimberly Ali, Commissioner Philadelphia Department of Human Services Dr. William Hite, Superintendent School District of Philadelphia Page 3 of 3