Making the choice to place a child in a residential facility—whether that’s in Syracuse, Rochester, Buffalo, Elmira, Poughkeepsie, Brewster, or anywhere else in New York—is one of the most difficult decisions a parent can make. These programs are supposed to provide structure, therapy, education, and safety. Many of them are licensed, regulated, and run by people who genuinely want to help.
But even in places that look well-run on paper, things can go wrong—and they can go wrong fast.
Over the years, we have represented families whose children were hurt in these programs. One moment that has always stayed with me was a case involving a teenage boy who was raped not in some distant, hidden corner of the property, but in a room that was only a short distance from where staff were stationed. It was not a dark alley or an isolated building. It was right there—close enough that it should never have happened.
Parents often tell us the same thing when they call:
“I did not even hear about it until days later—and my child was terrified to talk about it.”
That is the moment when every parent starts asking the same question:
Did the facility fail my child?
Here is what negligence actually looks like in these settings—and what every parent needs to know.
Based on what we have seen, negligence in these facilities almost always comes down to three things.
When staff are not watching closely—especially during high-risk times like transitions, showers, free time, or bedtime—children are vulnerable.
Many programs, even licensed ones, struggle to keep enough trained staff on each shift. When there are not enough adults, supervision becomes inconsistent, and danger increases.
We see this far too often:
This creates a power imbalance that can lead to bullying, intimidation, injuries, and sexualized behavior.
Even good children can make terrible choices when supervision fails. And vulnerable children become easier targets.
Through the cases we have handled, there are certain locations inside these residences where danger increases dramatically.
Blind spots. Minimal visibility. Staff often down the hall. These are, unfortunately, common sites of both assault and injury.
Children spread out in open spaces. Staff stretched thin. This is where fights break out, bullying escalates, and sexual boundaries can be crossed.
Especially during bedtime routines, wake-up transitions, and other unstructured moments. It only takes a minute of unsupervised time for something to go wrong.
Let us say it directly but responsibly.
Sexual assault between residents — often involving an older teen targeting a younger one — happens more often in youth residential programs than most parents realize.
It usually occurs when:
Too often, the facility’s first response is not to protect the child, but to protect itself. This leads to a disturbing pattern we see repeatedly.
One of the most troubling realities in these cases is how quickly some facilities discount the child’s version of events.
We routinely hear:
These children already carry labels. Once labeled, their credibility takes a hit even when they are telling the truth.
That is unacceptable. And legally, it is a red flag.
Parents often see the signs before the facility ever admits anything. Here is what negligence looks like from the outside:
Any of this should immediately raise concern.
Under New York law, residential programs for minors have multiple legal duties, including:
Children must be monitored at all times in a manner appropriate for their age, needs, and vulnerabilities.
Facilities must prevent the dangerous mixing of younger children with older teens.
Understaffing is not an excuse. It is a breach of duty.
Allegations of abuse or assault must be reported to the correct agency.
Programs must comply with the rules of:
When they fail in any of these areas, it may be negligence.
You should contact someone sooner rather than later if:
In these moments, outside help is not just smart—it is necessary.
I tell every parent the same thing:
If something feels off, it probably is.
Your instincts matter.
Your child’s voice matters.
Even if your child has behavioral challenges or a complicated history, give them the benefit of the doubt—because their safety comes before everything else.
Most programs in New York work hard to keep children safe. But when supervision breaks down, when age groups are mixed, when staff are stretched thin, or when a facility tries to minimize what happened, that is when care crosses the line.
Your involvement, your presence, and your willingness to ask hard questions can make all the difference.
If you believe your child may have been harmed in a residential program, you do not have to face this situation alone. Our firm works with families across New York to investigate what happened and protect children from further harm.
To discuss your concerns and learn about your legal options, contact us today for a confidential consultation.
Goldstein and Bashner
