Showing posts with label child protection. Show all posts
Showing posts with label child protection. Show all posts

Monday, March 26, 2012

First Native American tribe approved to operate guardianship, foster care and adoption program

For the first time in U.S. child welfare history, a tribe will have control over the process for evaluating child abuse and neglect allegations, determining whether children need to be placed in foster care, and finding permanent homes for children –safely back with their parents, in the homes of caring relatives, or with adoptive families. Thanks to new federal rules, the Port Gamble S’Klallam Tribe (PGST) becomes the first Native American community permitted to operate its own guardianship assistance, foster care and adoption assistance program.

“The approval of this program marks an important milestone in furthering relationships between the federal government and Indian tribes in the operation of child welfare programs,” said George Sheldon, HHS acting assistant secretary for children and families. “I congratulate the Port Gamble S’Klallam Tribe on its achievement and I look forward to seeing additional Tribes operate their own welfare programs in the future.”

The Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) allows tribes to receive direct funding from the federal government under Title IV-E of the Social Security Act. Prior to this law, states, not tribes, made decisions regarding foster care and permanent families for all Native American children.

The Title IV-E foster care program helps states and tribes provide:

• Safe and stable out-of-home care for children until they can be returned home safely or until they are placed permanently with relatives or adoptive families.

• Services for children and families to address the underlying causes and consequences of abuse and neglect.

• Support for children who are placed with relatives who become guardians or adoptive families.

Effective April 1, PGST will oversee a broad array of services and supports funded by HHS and typically run by states, including:

• Child Welfare

• Child Support

• Child Care

• Temporary Assistance for Needy Families

PGST will also run a pilot program with the state of Washington to determine eligibility for Medicaid and basic food benefits for tribal members in Kitsap County.

To mark this historic occasion, Acting Assistant Secretary George Sheldon and HHS officials will attend the tribe’s signing ceremony and celebration on March 29 in Port Gamble.

Originally known as the Nux Sklai Yem or Strong People, PGST are descendants of the Salish people. The Salish people are well established in the Puget Sound basin and surrounding areas. In the late 1930’s, the PGST reservation was created on the northern tip of the Kitsap Peninsula in Washington state. Nearly 1,000 tribe members live there today.

For more information on the program, visit http://www.acf.hhs.gov/ebrochure2011/ACYF_CBPage4.htm.

To find out more about the tribe, visit http://www.pgst.nsn.us/.

Source http://transition.acf.hhs.gov/programs/region10/news/first-native-american-tribe-approved-to-operate-guardianship-foster-care

Sunday, November 27, 2011

Arizona CPS myths identified, cleared up by experts

by Mary K. Reinhart

Arizona’s child-welfare system has come under a microscope in recent months, with most of the attention focused on several high-profile deaths and how the state’s Child Protective Services might have prevented them.

State officials said at least six children, who had been the subject of one or more CPS reports, have died so far this year. Of the 70 children whose deaths officials attributed to maltreatment in 2010, 18 had prior CPS involvement.

As a gubernatorial task force on child safety works on recommendations, which will likely become legislation in the coming session, misconceptions and myths abound about the responsibilities and rules governing CPS and its workers.

“The myth is that there’s a simple solution to this problem,” said Karin Kline, who spent 26 years in a variety of CPS positions.

Another is that there are obvious red flags to show CPS workers which children should be removed, she said.

“That the kids who are killed have prior physical injuries and a prior report that a CPS worker somehow overlooked,” she said. “Often, it’s a kid sent to school dirty or hungry, or mom’s got drug problems.”

The Republic asked experts to help identify common myths surrounding child abuse and neglect. Among them:

CPS can force parents or caregivers into drug or mental-health treatment or to accept other services, such as parenting classes and child care.

In fact, state law limits the authority of CPS to require anything of parents or caregivers accused of abusing or neglecting their children. And the law requires the caseworker to inform the family of this right at the beginning of an investigation.

Once caseworkers remove children and place them in state custody, a judge can require the family to meet certain conditions in order for the state to return the children. Parents might be able to keep their children under an “in-home dependency,” which also involves a court order and requirements parents must meet to prevent the child’s placement into foster care.

But short of a court order, the law states that a CPS worker “has no legal authority to compel the family to cooperate with the investigation or to receive protective services offered.”

CPS will offer services to families accused or at risk of abuse or neglect, but participation is voluntary. Officials said families who agree to participate voluntarily are more likely to benefit than those forced to accept treatment or services as a condition for getting their children back.

Budget cuts over the past several years, however, have reduced the extent and the timeliness of voluntary services.

Confidentiality laws prevent CPS from talking publicly about cases.

In fact, Arizona has one of the least restrictive confidentiality laws in the country. State law allows the department to “confirm, clarify or correct” information about a case of child abuse or neglect that already has been made public.

That might include a situation where police investigating a missing or neglected child-release information about prior CPS involvement in the case. CPS could speak publicly about the case to correct misinformation or explain what caseworkers may have done to try to help the family.

The department rarely takes that opportunity, however, and some say that can make it appear that it’s got something to hide.

“They can talk until they’re blue in the face if they so choose,” said Richard Wexler, executive director of the National Coalition for Child Protection Reform. “If they don’t talk, they’re stonewalling.”

Kline sees it differently.

“The myth here is that CPS is not talking to cover for themselves,” said Kline, now with Arizona State University’s Center for Applied Behavioral Health Policy.

The agency does release basic information about child fatalities and near fatalities. One of the concerns about providing more information, however, is that it could endanger federal funding under a child-welfare law that has its own confidentiality requirements.

But Wexler said that’s just an excuse. Federal officials have never taken a nickel away from a state for a confidentiality breach, he said, and the move in recent years has been toward more openness, not less.

Most children are killed by their mother’s boyfriend.

In fact, mothers were the perpetrators in 34 out of 70 child maltreatment deaths in 2010, according to the Arizona Child Fatality Review Program, and fathers were responsible for 18 child deaths.

A mother’s partner was the culprit in six child deaths last year.

“It’s true that a boyfriend presents a risk factor to a young child,” Kline said. “But it is not true that they’re more likely to harm a child.”

The statistics reflect the fact that mothers are the primary caregivers. Sixteen of the child-abuse and neglect deaths in 2010 were because of prematurity or other medical causes, such as a mother failing to seek medical care for a child or a baby born prematurely because of prenatal drug exposure.

Child abuse and neglect is spread equally across all socio-economic levels.

In fact, the most recent federal study shows that children in families earning below $15,000 a year are more than five times as likely to be considered maltreated compared with other children.

Researchers aren’t clear whether that’s because of the stress of poverty, or if greater scrutiny by state agencies results in more abuse and neglect reports. Most of these families receive some kind of public benefit, such as food stamps or subsidized housing.

“The more challenges that a family experiences and the more stress a family experiences, the more likely children’s needs aren’t going to be met, and they’re gonna be abused” or neglected, Kline said, adding that the vast majority of low-income families don’t abuse or neglect their children.

Other factors that can put children at risk include lack of child care and health care, and the lack of support from extended family. Some argue that case managers sometimes confuse poverty with neglect, and they remove children instead of offering help that would keep families together.

“The biggest connection between poverty and neglect is the confusion of poverty with neglect,” Wexler said. “Either way, your best solution is to target the poverty.”

Source http://tucsoncitizen.com/arizona-news/2011/11/27/arizona-cps-myths-identified-cleared-up-by-experts/

Tuesday, November 8, 2011

Child abuse bill closer to becoming law in Wisconsin

School workers would have to report crimes

Written by Jim Collar

Advocates say a bill passed by the state Assembly last week expanding the list of those required to report child abuse will help prevent cases such as the one against a former Appleton teacher charged with abusing disabled students.

The bill, which passed the state Senate by a 31-1 vote in May, would require all school employees to report suspicion of child abuse to law enforcement or child welfare officials. The mandatory reporting law currently extends only to teachers, school administrators and counselors.

The bill moved through the Legislature as a felony case against former Janet Berry Elementary School teacher Mary C. Berglund progressed through Calumet County Court. The measure passed the Assembly on a voice vote Thursday and now requires Gov. Scott Walker's signature to become law.

Jeffrey Spitzer-Resnick, managing attorney for Disability Rights Wisconsin, referenced Berglund's case last week in a letter to Assembly members seeking support of the measure. He said the bill is a positive step to better protect children.

"One would hope that those who might abuse kids in school realize now that everybody in the building is a mandated reporter," Spitzer-Resnick said Monday. "If (abuse) happens, we're more likely to get reports and stop it faster."

Calumet County Dist. Atty. Jerilyn Dietz couldn't be reached for comment.

Berglund, 54, was charged in March with nine felony child abuse counts and one felony count of strangulation stemming from classroom incidents involving cognitively disabled children that occurred from 2009 into January.

Berglund's charges stem from documentation provided by a teacher's assistant relating to five students. On Jan. 6, the assistant said Berglund lay across a 9-year-old child, grabbed his throat and pushed his head back. In other incidents, police say Berglund grabbed children by their heads and necks and forced them to put their heads down during "time-out" punishments, the criminal complaint stated.

In the wake of the allegations involving Berglund, the Appleton Area School District changed its policy to meet the bill's goal by requiring all of its employees to report suspected child abuse or neglect.

The school board last month also created an ombudsman role to assist employees or serve as an alternative source for staff if they are uncomfortable telling their building principal.

Although Berglund's case was cited in support of the mandatory reporting bill, another 2011 case inspired it. In Racine, former teacher's aide Lewis Givens is charged with four counts of sexual assault in connection to incidents involving a 9-year-old girl on Dec. 21, 2010, and Jan. 6 and Jan. 10 of this year, the criminal complaint says.

In that case, a substitute teacher, an educational assistant and another staff member told police of witnessing incidents of inappropriate touching. Police, however, weren't contacted until Jan. 11.

Meanwhile, Berglund's case is on hiatus as attorneys wait for the appointment of a judge.

Judge Donald Poppy initially presided over the case. Attorneys planned to resolve the case by plea agreement in August, but Poppy — serving as a reserve judge — declined to accept the deal out of concern that a substantial reduction in charges wouldn't meet the public interest.

When Poppy retired, the case was assigned to Jeffrey Froehlich, who was appointed to Calumet County's judicial seat. It went to Fond du Lac Judge Peter Grimm based on a conflict of interest involving Froehlich, who was previously Calumet County's assistant district attorney.

Last month, a request was made for judicial substitution.

Source http://www.postcrescent.com/article/20111108/APC0101/111080410/Child-abuse-bill-closer-to-becoming-law-in-Wisconsin?odyssey=tab%7Cmostpopular%7Ctext%7CFRONTPAGE

Friday, October 28, 2011

California auditor: 1,000 state-licensed facilities match sex offenders' addresses

By Michael Martinez, CNN

Los Angeles (CNN) -- The California state auditor has found that more than 1,000 state-licensed facilities -- including more than 600 for kids -- matched addresses in the sex-offender registry, saying oversight mechanisms lag behind state requirements.

The state Department of Social Services "cites the lack of resources as the primary reason why it has not implemented an automated sex offender address match and why its oversight mechanisms are falling short of requirements," said the state auditor's report, released Thursday.

Specifically, the report said that 677 foster and group homes and other state-licensed facilities for children matched sex offenders' addresses, as well as 385 state-licensed facilities for vulnerable adults.

The auditor found that almost 600 of the 1,000 address matches were "high risk and in need of immediate investigation," the report said. It was not clear from the report how many foster and group homes are in California, in total.

This month, the state social services agency and county child welfare agencies investigated 99% of the matches and began legal actions against eight licensees of facilities, including four license revocations, said the report, titled "Child Welfare Services -- California Can and Must Provide Better Protection and Support for Abused and Neglected Children."

In six of those actions, registered sex offenders were living or present in the child facilities, and counties found 36 sex offenders having "some association" with foster homes -- prompting authorities to remove children from the facilities and ordering the offenders out of the homes, the report said.

State costs for housing foster children have also grown dramatically, California State Auditor Elaine M. Howle found.

"The percentage of children placed with private foster family agencies — agencies that recruit and certify foster homes and are compensated at a higher rate than state- or county-licensed foster homes — has dramatically increased over the last 10 years and resulted in an additional $327 million in foster care payments during that time," the report said. "The counties we visited admit to placing children with these agencies out of convenience rather than for elevated treatment needs as originally intended."

The state social services agency "generally agreed" with the auditor's findings and outlined an action plan in response to several recommendations, the auditor said.

In an October 7 response to the report, director Will Lightbourne of the California Department of Social Services wrote he agreed that "address comparison provides an additional protection for vulnerable clients in care, and agrees that prevention should be part of the protection."

"We are concerned, however, that performing matches against every known sex offender address may not be the most effective means of prevention and ensuring protection. The process involved in this audit required CDSS and counties to investigate every known address of sex offenders, including addresses that were years and in some cases, decades, out of date," Lightbourne said.

"The California Sex and Arson Registry (CSAR) includes effective dates of address and identifies active and inactive addresses, and future processes to compare addresses therefore should focus on information technology solutions to minimize the need for staff to manually search through and verify information," the director continued. "The CDSS is exploring solutions that leverage technology and key partners to create an efficient and effective process to provide this additional protection."

The state auditor also recommended that the social service agency "complete comprehensive reviews of agencies' licensing activities more timely as well as on-site reviews of state-licensed foster homes, foster family agencies, and group homes. Moreover, Social Services should ensure that rates paid to private foster family agencies are appropriate and should monitor placements with these agencies," the auditor said.

In 2010, child welfare agencies in California's 58 counties received 480,000 allegations of child abuse or neglect. Each county maintains its own child welfare service program, and the state Department of Social Services provides oversight, the report said.

Source http://www.cnn.com/2011/10/27/us/california-sex-offenders/

Wednesday, August 31, 2011

Justice Brownstone Talks About Child Protection and What To Do When CPS Is At Your Door

Billed as:

Find out what to do when child protection services come knocking on your door. Justice Brownstone interviews two lawyers - one that represents families against child protection agencies, and the other that represents the agencies in disputes.

Our Opinion:

This video is done on the side of the courts, in our opinion. It does offer a bit of information on the inner workings. Otherwise, they don't really offer parents any advice on what to do to protect themselves, their children or their rights.

The best advice in this video - Get A Lawyer!