Massachussettes System

A place to post and discuss news.

Moderators: family_man, LindaJM

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Massachussettes System

Postby Marina » Tue Aug 21, 2007 7:39 pm

.

http://www.southcoasttoday.com/apps/pbc ... /708190328

Abuse cases shine light on DSS

By Steve Decosta
Standard-Times staff writer
August 19, 2007 6:00 AM

A call is made alleging child abuse or neglect, and the state's Department of Social Services swings into action.

In a scenario that plays out about 100,000 times a year, DSS screeners and investigators begin a sometimes lengthy and complicated process that is designed to keep vulnerable children safe while making every effort to keep families intact.


The job "It's the toughest job in the state," said Jetta Bernier, executive director of Massachusetts Citizens for Children, a nonprofit statewide child advocacy organization.

Although some critics disagree, DSS commissioner Angelo McClain said it's a job that is generally done well.

"Ninety-five percent of the families we deal with, we're straight with them, we tell them what has to be done, and we get a positive outcome," said Dr. McClain, now wrapping up his second month on the job. "Only a small percentage of situations ... get a terrible outcome."

One of those small percentages was the death last week, apparently by shaken baby syndrome, of 10-month-old Josiah Pacheco, whose family had an "open file" with DSS. Josiah's mother's live-in boyfriend, Manuel Antonio Lopez, has been charged with assault and battery on a child causing injury and could face murder charges.

Dr. McClain contends his department had followed the proper procedures in determining that Joshua and his 4-year-old sister, now in DSS custody, were in no imminent danger.

In another case, last month, a New Bedford mother and her boyfriend were arrested after a 3-year-old was permanently scarred by human bites to her ears and lips. The arrests occurred four months after DSS was informed of potential abuse in the family.

Children's safety is a top priority, and investigators are not afraid to act quickly, Dr. McClain said. "If there's a need to remove a child, we remove the child in a moment."

"I haven't seen any incidents where we've had an emergency situation that wasn't properly dealt with," he said.

But an obviously agitated State Sen. Mark C.W. Montigny of New Bedford took DSS to task for its handling of the biting case.

"There is no question that either the protocols were not followed or the protocols are not adequate," he said.

And a March report by the House of Representatives' Committee on Child Abuse and Neglect openly questions DSS' investigative efforts.

"In some cases, hindsight makes it clear that there was a history of abuse or neglect, but, despite the warning signs, no reports were filed or, if they were, they were screened out or unsupported by DSS," said the report, authored by Rep. John H. Rogers, D-Norwood.

Beyond the two recent New Bedford cases, DSS has been embroiled in controversy for several cases of abuse or neglect that continued after the agency intervened.

Previous notorious cases elsewhere in the state — most notably those of Haleigh Poutre, an 11-year-old girl beaten into a coma while under the care of DSS, and Rebecca Riley, a 4-year-old who died of an overdose of prescription medicine four years after DSS opened a file on her family — have plagued the department and may have played a key role in the dismissal of former commissioner Harry Spence in May.


investigating a complaint

DSS investigations are triggered by reports of abuse or neglect, mostly by phone. Mandated reporters are required by law to file a written report, called a 51A, within 48 hours of an oral claim.

Trained DSS screeners consider the oral reports to determine whether there is reasonable cause to believe the reported children have been abused or neglected. About a third of the reports are "screened out" at this stage and another third are unsubstantiated after further investigation.

If reports are "screened in," social workers are assigned to investigate the allegations. They are required to complete their investigation within 10 days, unless the situation is deemed to be an emergency, which they must wrap up in 24 hours. If the investigator determines at any point that the child is in immediate danger, that child is removed from the family and placed in substitute care.

Dr. McClain said the volume of complaints is not a problem. "The number of complaints has been flat for the last five years. There is no backlog. We have plenty of screeners.

"The first thing we do is try to determine if there's an immediate risk of harm, if there's an immediate risk of danger," Dr. McClain said. "Is it a situation requiring urgent attention?"

He said about 6 percent of the "screened in" reports result in an emergency declaration.

In responding to complaints, DSS investigators have "guidelines, not necessarily a checklist," Dr. McLain said.

"There is some set of criteria ... (but) there is some subjectivity to it.

"It's usually pretty obvious when it's an emergency depending on the nature of the alleged situation," the commissioner said. "We have pretty experienced people doing the screenings. They've been around; they've seen a lot."

But Sen. Montigny said he believes the system is fundamentally flawed.

"There is something desperately wrong," he said. "There is a culture at DSS where the primary effort is to keep the family together. The resources and culture need to be redirected toward protecting the child first. They need to pull the child out of a home where there are suspicions and ask questions later.

"Ultimately, one horror in every so many cases justifies every case in which people feel there is overreaction," Sen. Montigny said.

While taking pains to avoid criticism, the House report questions the number of "screened out" or dismissed cases.

"The fact that one third of the 51As are screened out raises major questions about the judgment calls being made by reporters, by screeners and by investigators.

"Is the one-third drop off to be expected?" the report asks. "Is the standard for mandatory reports to DSS considerably lower than the standard set by DSS for screening in or investigating such reports? Do reporters lack understanding of basic elements of the reporting law? Are reporters not sophisticated enough to recognize child abuse and neglect as defined by DSS? Are reporters mistaking cultural differences in child rearing for possible abuse or neglect? How often is DSS being used as a manipulative tool in divorce cases or custody battles? Are screeners dismissing cases because the reporting is not descriptive enough? Is there just not enough time to collect good information? Or are poor clinical judgments being made during the screening or investigative processes?

"When reports are made but then screened out by DSS, there may be a chilling effect. Reporters may resist making future reports if they think they went out on a limb for no good reason.

"It is also unclear what happens with multiple reports over time," the report says. "It appears that, at times, reports have been screened out or unsupported despite multiple reports being filed and the rationale for doing so appears suspect. We wonder whether the agency has the capacity to examine reports in a collective manner where the sum is greater than its parts."


calls for change

"DSS has recognized certain weaknesses in its procedures and intends to seek statutory changes and policy shifts to address these questions," the House report states. "These efforts are designed to change the image of DSS from an investigatory agency to a social services agency designed to support a family during difficult times."

Legislation that would incorporate many of the report's recommendations was filed last month. Among other things, the bill would create the position of secretary of child welfare and a board of child abuse and neglect.

While state Rep. Antonio F.D. Cabral, D-New Bedford, hasn't yet taken a position on the reform bill, he said, "The agency certainly has issues it needs to resolve. It needs to strike a balance between keeping families together and removing kids from a dangerous situation. I hope they always make the decision that's best for the child."

Rep. Cabral, former chairman of the House Committee on Human Services, said he has met with Dr. McClain. "I got a sense he's committed to changing the culture," he said. "We need to give him the opportunity to make changes, to make reforms he thinks are needed."

Sen. Montigny said he believes a thorough external review of the agency should be undertaken before any reforms are considered.

"We need to hire a human auditor to come in and review the entire agency. I want the best in the country, someone who's completely detached, who has no vested interest and comes in knowing all we want is the truth.

"I will not take no for an answer," Sen. Montigny said.

"I've met with the new commissioner and the secretary for Health and Human Services and I get the feeling they agree. They are new people in there who inherited the culture, and I don't see why they would resist an independent review."

Rep. Cabral added: "I'm comfortable that (Dr. McClain) has the right intentions and that he's willing to let other folks come in and take a look at it. He seems receptive to that sort of thing."

.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sat Mar 22, 2008 8:51 pm

.

http://www1.whdh.com/news/articles/local/BO75847/

DSS head admits agency's shortcoming in case on abused boy

MIDDLEBOROUGH, Mass. -- The head of the state Department of Social Services says his agency made errors in dealing with a 7-year-old boy who's mother's boyfriend is charged with abusing the child.

...

.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Thu May 15, 2008 3:45 pm

.

http://www.bostonherald.com/news/region ... 5&srvc=rss

Poutre’s mom: I was forced to give up custody
By Marie Szaniszlo
Thursday, May 15, 2008 - Updated 8h ago


Lawyers for Haleigh Poutre’s biological mother yesterday alleged she had signed away her rights to the child because of government “coersion” and possible fraud.

At a Superior Court hearing, attorneys seeking damages for what they are calling the wrongful adoption of the 14-year-old brain-damaged girl questioned why the state Department of Social Services has for two years refused to turn over two documents that purportedly explain why she was taken from Allison Avrett.

“The question remains: What is in those two secret reports?” Wendy Murphy said. “. . .Fraud may be someplace in those files.”

Lawyers for DSS did not respond to the allegation, but asked Judge Linda Giles to dismiss the case, arguing that Avrett has no say in the matter because she is no longer Haleigh’s legal guardian. Giles made no decision yesterday.

Haleigh was removed from Avrett’s care when she was 4 after Avrett’s sister, Holli Strickland, told DSS the child had been molested by Avrett’s boyfriend at the time, Murphy said.

The allegation was investigated and determined to be unfounded, she said. But DSS threatened to take away Avrett’s unborn child unless she agreed to give up Haleigh, said attorney Elizabeth Clague.

Avrett agreed to allow her sister to adopt Haleigh, with the understanding that she could still visit her daughter.

But when she began to question why Haleigh often had bruises on her body, Strickland falsely reported to DSS that Avrett was neglecting her other two children, Murphy said.

Avrett’s sister and her husband, Jason Strickland, were later arrested and charged with the Sept. 11, 2005, beating that left Haleigh with a sheared brain stem. A month later, Holli Strickland was killed in a murder-suicide with her grandmother.

DSS, believing Haleigh was brain-dead, sought to have life support removed, and Avrett initially agreed, but later began to notice signs of responsiveness.

In January 2006, the day after the Supreme Judicial Court ruled that DSS could remove Haleigh from life support, DSS announced that she was breathing on her own and halted plans to remove her feeding tube.

Five months later, without explanation, DSS permanently barred Avrett from seeing her daughter.

Alison Goodwin, a spokeswoman for the Executive Office of Health and Human Services, yesterday said she was under a “gag order” prohibiting her from commenting on the case.

.
.
.

http://www.boston.com/news/local/massac ... _from_dss/

Haleigh Poutre's mother seeks documents from DSS

By Patricia Wen
Globe Staff / May 15, 2008

Lawyers for the biological mother of 14-year-old Haleigh Poutre, who nearly died in her adoptive home from alleged child abuse, yesterday asked a Suffolk County Superior Court judge to force state officials to turn over two key documents that they say will show the girl was wrongfully removed from her first home.

more stories like this‘‘She should never have lost custody,’’ said Wendy Murphy, a lawyer representing Allison Avrett of Agawam in a lawsuit seeking $12 million from the state.

Murphy is seeking two child-protection reports held by the Depart8ment of Social Services that were part of the state’s case alleging Avrett was an unfit mother.

Lawyers from the attorney general’s office, who are representing the Department of Social Services, asked Judge Linda Giles to dismiss the entire case, saying that Avrett voluntarily consented to allowing her older sister, Holli Strickland, to adopt Haleigh at age 7 and that Avrett no longer has legal standing to seek redress on behalf of 8Haleigh for what happened to her.

The judge said she would rule later.

Avrett’s case is one of many lawsuits filed since Haleigh lapsed into a coma in fall 2005. Prosecutors say she was brutally beaten by Strickland and her husband, 8Jason Strickland, in Westfield.

Avrett acknowledges that she was a troubled single mother, but she said she was never accused of directly harming Haleigh and should not have been pressured by DSS into surrendering Haleigh to her sister. Avrett has said that DSS naively believed her sister’s fabricated story that Haleigh was being abused by Avrett’s boyfriend.

Avrett argued that if DSS had reunified her with Haleigh, the child would have been safe.

The girl has since emerged from the coma and is being treated at a rehabilitation hospital.

.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Tue Jul 08, 2008 7:08 pm

.

http://www.boston.com/news/local/massac ... d_welfare/

Patrick signs law aimed at improving child welfare

July 8, 2008

BOSTON—Gov. Deval Patrick says that when it comes time to assess the effectiveness of a new child welfare law, he hopes no news will be good news.

That's because horrific child abuse cases make the headlines, but not the thousands more that are handled successfully.

The bill signed Tuesday during a Statehouse ceremony was sparked by a series of high profile child welfare cases, including that of Haleigh Poutre. As an 11 year old, she was allegedly beaten into a coma by her adoptive mother and stepfather.

The centerpiece of the initiative is the Office of the Child Advocate. It's charged with investigating incidents involving children in state care.

Another section of the bill requires mandated reporters such as social workers to report suspected cases of child abuse or face a $2,000 fine and up to two and a half years in jail.

.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Thu Jul 10, 2008 4:34 pm

.

http://www.wickedlocal.com/arlington/ne ... mmonwealth

Protecting children in the care of the Commonwealth
Thu Jul 10, 2008, 01:43 PM EDT

Arlington, Mass. -

On July 1, state Representative Sean Garballey, D-Arlington, a member of the Foster Care Coalition, joined House Speaker Sal Dimasi, Senate President Therese Murray and others at a press conference to announce the unanimous passage of an Act Protecting Children in the Care of the Commonwealth.
Highlights of the bill include:
Creates the Office of the Child Advocate

· The Child Advocate is appointed by the Governor and reports directly to him.

· Receives notice of any serious injury to a child in the care of the commonwealth and has the power to conduct an independent investigation, including subpoena powers.

· Receives complaints from the general public and children in the care of the commonwealth and may ensure resolution by the appropriate agency or may conduct an investigation.

· Monitors the treatment and services provided to all children in the care of the Commonwealth to ensure that each child receives humane and dignified assistance.

· Examines the entire system of care and services to children provided by executive agencies to evaluate for effectiveness and efficiency, as well as assessing possibilities for improvement.

· Works with a 25-member advisory board to create a 5 year plan to ensure a coordinated, system-wide response to child abuse and neglect.

· Responsible for educating the public and advising the administration and the legislature regarding the services of the office and the mission of the agencies serving children.

New mandates to protect against Abuse and Neglect

· Three abuse and neglect reports on a family in 3 months or in 1 year mandates review by area or regional DCF review boards; the commissioner of DCF reports results to DA, local law enforcement and the child advocate.

· Mandated reporters may choose to contact the local police if they see any suspected abuse or neglect in addition to contacting DCF.

· All mandated reporters will be required to receive training on how to recognize and respond to abuse and neglect.

· Increased penalties for mandated reporters who fail to report suspected abuse or neglect ($5,000 or 2.5 years jail or both and upon guilty finding report to a professional licensing authority).

· Requires the District Attorneys to report on the outcomes of abuse and neglect cases referred to them.

· Mandates DCF not to close any abuse or neglect case until they receive the physical evidence results from the state lab.

· Prohibits the appointing, as a child’s guardian, any person being investigated for assault and battery on the child.

· Makes it a crime for an adult to harbor a runaway child for any reason other than to protect the child from abuse.

Foster Care
· Creates a Grandparents Commission to address the fastest growing group of relative caretakers. The Commission will advise state agencies and recommend policies to legislators on issues around kinship care.

· Improves the procedure for grandparents and siblings to pursue their rights to seek visitation with children in care

· Creates a Foster Care Provider registry.

· Mandates that EOPPS and DCF formulate a plan to care for children whose parents or guardians are arrested.

· Expands upon the current tuition payments for children in care of the commonwealth to include the fees at all state colleges and community college.

· Requires DCF to make recruitment of foster parents a priority and reach out to the public to increase participation.

· Expands the reporting by DCF on residential foster care, incidents of abuse and neglect, racial disparities, and the status of children “aging out.”

· Mandates that all children who are entering the foster care system receive physical and mental health screening.

· Charges the DCF statewide advisory council with increasing the recruitment of medical professionals.

· Allows children who are aging out of the foster care system to return to DCF until they are 22. DCF reports annually to the legislature the number and reasons when it is unable to help these children.

Other Major Points
· Changes the name of the Department of Social Services to the Department of Children and Families.

· Establishes an interagency child welfare taskforce that the Secretary of EOHHS will chair in order to coordinate and streamline services to children and families who are receiving services from any agency in EOHHS.

· Requires social workers who are employed by DCF to have a bachelor’s degree and supervisors to have a master’s degree.

.


Return to “In the News”

Who is online

Users browsing this forum: No registered users and 9 guests