A New York teenager has been living in upstate hospitals since August after being discharged with nowhere else to turn.
The 17-year-old was issued a stay away order by her caregiver in June and has been barred from returning home due to behavioral problems. Since then, she has moved through four homes and four facilities in Jefferson County, New York.
Rebecca Simser, the child’s lawyer, told WWNY that her living conditions are ‘a hard situation to be in for everyone.’
‘I have a family offense petition involving a minor alleged perpetrator, and so we are trying to protect the victim, which is our job, but we also need to be doing what’s in the best interest of the child,’ Simser told the outlet.
The minor has not been publicly identified.
Simser explained that the 17-year-old does not qualify for voluntary or involuntary inpatient treatment since being discharged. The teen also does not attend school.
‘She’s definitely not getting one-on-one mental health treatment because she’s discharged and just sitting in an ER bed,’ Simser told the outlet.
The attorney has allegedly requested a Jefferson County court to declare her client ‘destitute,’ which refers to someone who is legally homeless with no income or support.
Rebecca Simser, the child’s lawyer, explained that the 17-year-old does not qualify for voluntary or involuntary inpatient treatment since being discharged
The 17-year-old was issued a stay away order by her caregiver in June and has been barred from returning home due to behavioral problems. Since then, she has moved through four homes and four North Country facilities in Watertown, New York
If the child is granted destitute status, the Department of Social Services would take custody of her.
Simser claimed that the Jefferson County Department of Social Services will have to file a petition for her client but that they have not agreed to take action.
‘I’m not saying that my client is blameless in all of this, but she’s not being afforded any protections that I can tell at this point,’ Simser told the outlet.
‘My hope is that if the system worked the way it was supposed to work, we could protect the victim, but we could also get services and help for my client and make sure that she wasn’t suffering and displaced, and lacking while she transitioned into a more independent form of living away from the victim,’ Simser said.
Simser has allegedly requested a Jefferson County court to declare her client a ‘destitute’ which refers to someone who is legally homeless with no income or support
According to the New York State Health Care association, 2023 report data shows that during a three month period 52 New York children have experienced a ‘delayed discharge’ from the hospital
In 2025, in the span of three months, 52 children faced delayed discharge in New York hospitals because of a lack of housing options, WWNY reported. A staggering 5,100 days of unnecessary inpatient hospitalization resulted.
Simser told the outlet that she does not fault any of the facilities involved but hopes that a solution can be found for her client.
The Daily Mail has reached out to Rebecca Simser, the child’s attorney, and Jefferson County Department of Social Services for comments.
