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Releases & Statements

 

For Immediate Release, January 30, 2005

Contact: Frank Sobrino, Press Secretary
O: (212) 669-4193 C: (646) 250-4322

 

Statement of Public Advocate Betsy Gotbaum for City Council Hearing on Oversight of the Child Welfare System

 

Thank you, Chair de Blasio for calling for this important inquiry. I apologize that a prior engagement will prevent me from staying for the whole hearing.

I want to emphasize how important it is, with Commissioner Mattingly here today, to seize this opportunity to move forward with the process of reforming the child welfare system.

Commissioner Mattingly, you are highly respected in the child welfare community, and you come to us with a great deal of experience and expertise. We are counting on you to make the changes that are clearly necessary to better protect our children.

The brutal killing of Nixzmary Brown was a wake-up call that shouldn’t have been necessary. Not when dozens of children die each year of suspected abuse and neglect.

Over the past four years, my office has conducted an on-going analysis of the child welfare system. This analysis has uncovered an alarming lack of communication and coordination between ACS and other government agencies, a high rate of caseworker turnover, and a troubling inability to use past cases of child abuse as a basis for preventing future cases.

In fairness, we must acknowledge that Commissioner Mattingly and Mayor Bloomberg have responded to the wake-up call with a renewed commitment to reform. They have announced a number of measures to address the failings of the system, among them new protocols for communication and coordination between ACS, the Department of Education, and the NYPD. These measures are a step in the right direction. I encourage the Mayor and the Commissioner to include more agencies in the reform process.

It seems that, in too many child fatality cases, ACS fails to communicate effectively with other City agencies that have important information to convey, or fails to act on the information properly. In the case of Dahquay Gillians, for instance, the Department of Probation had pertinent information about the ongoing drug use of Dahquay’s mother and conveyed that information to ACS, but ACS did not conduct adequate follow-up.

Mayor Bloomberg and Commissioner Mattingly should take additional steps to review and improve communications and coordination between ACS, the Department of Probation, the Department of Corrections, the Human Resources Administration, and other relevant agencies.

Along the same lines, ACS must gain access to the State’s Domestic Violence Registry in order to screen all members of potential adoptive or foster households for incidents of domestic violence.

ACS routinely removes children from homes that it deems unsafe without taking this step to ensure that their new homes are actually safer. According to the agency’s own records, in fiscal year 2004 alone, there were over twelve hundred reports of New York City children in foster care being abused or neglected.

Screening foster and adoptive homes for domestic violence would help prevent such cases. The harrowing fact is that in up to sixty percent of homes affected by domestic violence, there is also child abuse.

I have offered to help ACS coordinate with the State to gain access to the Domestic Violence Registry.

Mayor Bloomberg and Commissioner Mattingly should also expand efforts to address the critical issue of caseworker turnover. High turnover means that child welfare cases are often passed from one caseworker to another with little continuity of care, and the ones who suffer are the children who get lost in the shuffle.

I am encouraged by the announcement that ACS will hire 325 more child protective service workers in order to decrease caseloads. Overloaded and under-prepared caseworkers cannot always make the acute and timely judgments necessary to protect the life of an abused child.

A high caseload, however, is likely not the only factor contributing to low caseworker morale. The fact is, this is one of the most difficult jobs in the city. I applaud ACS for announcing new measures to increase training and supervision, but I recommend that it take further steps to determine what can be done to decrease burn-out, boost morale, and ultimately reduce turnover.

Finally, ACS must do more to learn from the mistakes of the past. Past cases should be treated as an important piece of the puzzle when making a determination in current cases.

When my office conducted an analysis of child deaths from 2002, we found that, in half the cases reviewed, ACS failed to properly investigate prior reports of abuse or neglect, assess the safety of homes and foster homes, and identify dangerous adults in those homes. Such lapses continue to plague the system.

ACS could begin to address the problem by conducting a thorough, systematic review of all closed cases involving failed contract foster care agencies, if it hasn’t done so already, in order to ensure that the cases were handled properly.

These measures, along with the initiatives the Mayor has already announced, will help ensure that ACS is able to fulfill its mission of protecting our most vulnerable children.

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