Teen Sexually Abused For Years At Nassau Youth Home: Lawsuit

SYOSSET, NY — MercyFirst has long been known as a sanctuary for troubled children. The not-for-profit human service agency, founded as an orphanage in the late 1800s by the Sisters of Mercy, currently serves more than 3,200 youths and families each year at its facilities in Queens, Brooklyn, Nassau and Suffolk counties. Educational programs, mental health services, youth activities and housing are offered for troubled and at-risk kids.

But a lawsuit filed last month in Nassau supreme court against the organization said one child was subjected to years of sexual abuse at its Syosset location and under the organization's watch — including by at least one employee. Furthermore, the lawsuit contends the organization knew or should have known about the abuse, and that rather than address it, those in power actively tried to discourage and prevent victims from disclosing allegations of abuse.

Jerry McCaffery, president and CEO of MercyFirst, told Patch in a statement Wednesday he was previously unaware of the allegations. The organization had not yet been served by Greenstein & Milbauer, the law firm representing the plaintiff. McCaffery stressed MercyFirst has a "zero-tolerance policy" for any abuse or neglect, including sexual, physical and emotional, when it comes to the youths in its care.

"We follow all State regulations in doing background checks, getting clearances through the NYS Central Registry and fingerprinting prior to anyone being hired," McCaffery said.

The organization informs staff about the need to respect the privacy and boundaries of the people they care for and those they work with, he added, and regularly trains — and supervises — workers to support and reinforce those boundaries.

"If there is any suspicion or an allegation is brought to the attention of an employee by a youth in our care, we follow State regulations," McCaffery said.

This means a report is filed with the state Justice Center, the public agency that placed the child in MercyFirst's care, and the parent or guardian. Abuse allegations are investigated by the Justice Center in concert with local law enforcement.

Court documents obtained by Patch said the abuse began in 2003 when the child, an at-risk and troubled youth, was 12 years old. He was placed into a residential treatment program for boys and lived there until 2015.

"During Plaintiff's attendance and residency at MercyFirst, he was repeatedly sexually abused by at least one employee and/or agent and/or representative [of MercyFirst],"the lawsuit said, as well as "several other residents."

The child reported multiple instances of sex abuse to staff, agents and representatives and the organization knew or should have known what was happening, the lawsuit said.

The lawsuit accused MercyFirst of negligence, including by failing to report known and/or suspected child sex abuse to police or law enforcement. Lawyers sued under New York's Child Victims Act, which Gov. Andrew Cuomo signed into law in February 2019.

Before the legislation was signed, such cases could not be prosecuted more than five years after they happened. Civil lawsuits had to be brought by the time the victim turned 21.

Under the new law, sex abuse victims were given a one-year window to bring lawsuits against abusers, even if they happened decades ago. Hundreds — and possibly thousands — of cases have been filed under the new law, including against the Roman Catholic Church, the Boy Scouts, schools, hospitals and the late financier Jeffrey Epstein.