Thursday, January 12, 2017

New columns on the "new normal" for Black children - and other child welfare system horrors

There’s a new study out which includes some frightening estimates about the likelihood that a child abuse investigation will be a part of one’s childhood. If the study is correct, enduring such an investigation is the new normal for African-American children. Unfortunately, the researchers were not frightened.  I wrote about it here

I spoke to Errol Louis, anchor of Road to City Hall on NY1, a local all-news cable channel about foster care panic.  The video is here.


Other columns deal with:

--How the McMartin Preschool case was child welfare's prelude to #Pizzagate

--How one writer's proposed "New vision" for foster care is just another call to go back to orphanages 

--The real lesson from the closing of a California group home: Group homes don't work.

Tuesday, January 3, 2017

Child welfare in New York City: HORRORS!!! Some Family Court judges reportedly are behaving like – judges!

NCCPR's updated report on New York City child welfare
is available here.

New York City Mayor Bill de Blasio
I noted in a previous post that, when it comes to responding to the latest high-profile tragedy involving the death of a child “known to the system” in New York City, Mayor Bill de Blasio hasn’t exactly been a profile in courage, but at least he’s done better than others – notably Gov. Andrew Cuomo and a whole slew of mayor wannabes.

Unfortunately, the gap is narrowing.

De Blasio has found a way to claim credit for improved safety outcomes in New York City child welfare while blaming others for the failures. Unfortunately, the method he’s chosen fans the flames of foster-care panic.

It’s also at odds with reality.

The mayor now claims that Family Court judges “often” keep children in supposedly dangerous homes or return them there, over the objections of caseworkers and lawyers for the Administration for Children’s Services.

The first indication that this is b------t is the simple fact that, as noted in previous posts, child safety is improving. In fact, the key measures used by the federal government to assess child safety are at their best levels in at least six years.

In addition, on the three separate occasions over the past 20 years when this exact question has been studied in New York City, the findings were the opposite: Judges routinely rubber stamp needless removals – on one occasion judges even admitted it to a panel of national experts.

Rubber stamps or gavels?


● In 2000, Mark Green,the city’s first Public Advocate – and the only one to get child welfare right - issued a scathing report on how the Family Court deck was stacked against families. He found that families won on the merits only 1.6 percent of the time.  And that was not because ACS was 98.4 percent perfect.

● At about the same time, a panel of national experts created as a result of a class-action lawsuit settlement issued another of those reports worthy of words like “blasts” or “slams” in headlines. They were so appalled by what they saw in Family Court that they devoted a special section to it. Judges freely admitted to the panel that they regularly rubber-stamped removals even when they didn’t believe ACS made a good enough case:

The judges had much to say about their frustration with ACS for cases in which it lacks adequate preparation or fails to present a solid evidentiary case of abuse or neglect. Yet they acknowledge that they do not hold ACS accountable by refusing to grant their petitions in these cases. They felt that they could not risk making a mistake and having a child die; spoke of the withering media attention to decisions which turn out badly; and cited the lack of Court of Appeals support for insistence upon solid legal evidence for removal, noting the doctrine of "safercourse" that the higher court typically relies upon.
When we suggested that it sounded as though the weaker the case ACS presented, the more likely it would be to prevail (because judges would be especially afraid that something bad was going on in a home when they couldn't get clear information), several judges nodded. Such practice lowers the standard of accountability to which ACS ought appropriately be held, and comes frighteningly close to abdicating the Court's basic responsibility to protect the rights of children and families. [Emphasis added.]      

But hey, that was in 2000. It’s not like that now, is it?

Yes and no.

The mayor seems to want Family Court Judges to wield
rubber stamps ...
There certainly have been improvements. For starters, in 2004 the state’s highest court, the Court of Appeals rejected the so-called “safer course” doctrine,* in part because it recognized that given the inherent harm of removal and the risk of abuse in foster care it isn’t necessarily safer.
In a unanimous decision, the court wrote that “the term ‘safer course should not be used to mask a dearth of evidence or as a watered down impermissible presumption.”

More important, the city now contracts with institutional providers of high-quality legal representation for families – but only for about half of all cases. (All children have had their own lawyers for decades – and that’s in addition to the ACS lawyers.) The improvement in family defense is thanks in part to the panel and its report, and in particular to John Mattingly, a panel member who went on to run ACS. (I’ve often criticized Mattingly, but he deserves credit for this.)

These providers don’t “get bad parents off.” Rather, they point out when ACS has not done all it could to keep a family safely together and they come up with better, safer alternatives to the cookie-cutter “service plans” often churned out by ACS. This story, from The Nation, describes how it works.

So yes, there’s been some progress.

“We practice New York Post” law”


...instead of gavels
But in 2007, when anthropologist Tina Lee spent more than a year embedded in the New York City
child welfare system, doing in-depth research, interviewing parties on all sides, observing cases in court, etc. she found things had not changed nearly enough.

Lee observed initial hearings in 60 cases. “In only two cases,” she writes in her book, Catching a Case, “did the judge find that a removal was unwarranted.”

And the reasons hadn’t changed much, either.  She quotes a private attorney for families who told her:

Certainly, they wouldn’t tell you for attribution, but if you were to ask my colleagues  what … motivates judges, they will tell you quite frankly that we practice New York Post law, and what that means basically is that no judge wants us to let a kid go home and see his name in the tabloids the next day that a kid got killed or maimed badly because of a decision he or she made.

Lee writes that this, plus overloaded court calendars, plus the fact that judges are appointed – or not – by the mayor

Create a situation in which judges have little incentive to challenge ACS when they seek to intervene in families…

Now, it’s been another decade.  Have things gotten better? I certainly hope so. I hope that lawyers for the Bronx Defenders no longer are heckled by other attorneys just for actually advocating for their clients at initial hearings, as Lee found in 2007.

But the mayor seems to want to turn back the clock all the way to the worst excesses of decades ago. He practically said as much.

The mayor seems to have gotten the blame-the-judges idea from an ACS lawyer who whined about not always getting his way during the mayor’s weekly segment on WNYC Public Radio’s Brian Lehrer Show. The mayor rushed to agree. 

I think that it is pretty damn clear when all other alternatives have been tried, and ACS believes it’s time to take that step [to remove the child] even if it’s a radical step, I believe the benefit of the doubt should go to ACS and the work they’ve done.

But when ACS wants to remove a child from the home ACS always claims that “all other alternatives have been tried” – if ACS said otherwise, ACS would be admitting to violating both federal and New York State law, which require “reasonable efforts” to keep families together.

Does the mayor really think there are times when the ACS lawyer stands up in court and says “Why yes, your honor, there are alternatives to taking away the child that we haven’t tried, but we want you to tear apart this family anyway”?

So what the mayor is really saying to judges is: Put away those gavels, bring back the rubber stamps and do exactly what ACS says whenever ACS tells you to do it.


An odd stance for a “progressive” mayor


The mayor’s demand is still another example of how depressingly easy it can be to get many of my fellow liberals turn their backs on everything they claim to believe in just by whispering the words “child abuse” in their ears.

Can anyone imagine this mayor saying that every time police stopped and frisked someone it was because they had used every other alternative and there was simply no other way to protect public safety? How about every time the police used deadly force?

Lauren Shapiro, director of family defense practice for Brooklyn Defender Services appeared on the Brian Lehrer Show the next week to respond. But the next day de Blasio was at it again declaring that there are

many situations where ACS wants to remove a child from the family and a judge may not agree. …  ACS often wants to be more aggressive than a judge allows it to be.

Neither the mayor nor the whining lawyer from ACS offered any actual statistics.  Everything we know says the claim is false.

As for simply giving ACS the benefit of the doubt, the Court of Appeals rejected that idea – for
good reason. The court declared:

The plain language of [state law] and the legislative history supporting it establish that a blanket presumption favoring removal was never intended. The court must do more than identify the existence of a risk of serious harm. Rather, a court must weigh, in the factual setting before it, whether the imminent risk to the child can be mitigated by reasonable efforts to avoid removal. It must balance that risk against the harm removal might bring, and it must determine factually which course is in the child's best interests. [Emphasis added.]

When courts do that it creates more work for ACS lawyers. But it also makes children safer.


*The decision was an outgrowth of a federal class-action suit, Nicholson v. Scoppetta. NCCPR’s Vice President, Carolyn Kubitschek, was co-counsel for plaintiffs in that case.

Monday, January 2, 2017

Child welfare in New York City: “I am scared of ACS”

In January, 2006, NCCPR and several New York City advocates held a news conference in response to a foster-care panic – a sharp sudden surge in removals of children from their homes following a high-profile tragedy. In this case the panic followed the death of Nixzmary Brown.

At that news conference we distributed a written statement from a 14-year-old who had been wrongly removed from her home and placed in foster care by the city child welfare agency some years before by the Administration for Children’s Services (ACS). She wrote about being abused in foster care and about how the fear of being taken again never left her.

To protect her privacy the 14-year-old did not appear at the news conference, and her name was not used.

Sadly, more than a decade later, her statement is relevant again, so we reprint it here:

 “I am scared of ACS”


I am scared of ACS.  All the news reports of the deaths of kids scares me. 

My Mom is being investigated by ACS now because the Board of Ed can't keep track of our home school records.

I'm scared because no one cares that Mom and Dad are not abusing me and my brother.  Nobody cares the only abuse I got was in the foster homes they put me in.  ACS took me from my family and put me with people who told me and my brother my family didn't want us.  I knew they were lying.  I knew my Mom would get us back.  That’s what I held onto during night after night of sexual abuse.

The foster parents didn't feed me and my brother all the time.  One time my brother took a cookie out of the fridge because he was hungry.  The foster mother beat him with a shoe.  I yelled at her I was going to tell my Mom because we were going to have a visit with her the same day.  The foster mother grabbed the broom and as I tried to run she hit me on top of my head.  Blood ran down my face and covered my shirt.  She put me in the bed and put a towel on my head.  It kept bleeding.

She took the other two kids for their visit with their Mom.  Later that night the agency caseworker came and took me to the hospital.  We never went back to that foster home, thank God.   I still have a big mark on my head were my hair won't grow because of that.  Later I found out the other foster child told the caseworker what happened to me.  The foster mother had called and said she couldn't make the visit. 

My Mom never beat us, she just made us turn the TV off and read.  I got beat in the foster homes they put me in but no one cared. The foster parents told me I was ugly and stupid.  My Mom always told me I could be anything I wanted to be in life, all I had to do was try. 

I never wanted to talk about what happened to me in the four foster homes I was in because I was ashamed.  I didn't want people to know what happened to me.  I wanted to write a story so everyone could understand there are kids who are scared of ACS.  ACS was not a savior to me.  I hate them so much but my Mom tells me not to hate.

Why do they do this to kids?  I had a Mom who loved me and took care of me.  Even if my Mom couldn't take care of us, we have a big family that would.  Instead, ACS put us in hellholes and for what? 

ACS sees all parents the same once the call is made.  My Mom and dad then have to prove why they should be allowed to keep us.  I think ACS should have to prove why they should be allowed to take kids.
                                                                                               
We just moved downtown to a nice area.  I thought I could put all of the bad ACS memories behind me.   ACS called my new school and I don't want to go back there.  I don't want everyone looking at me like I'm an abused child.   I don't want them asking: Is everything ok at home?

We just moved into the building so everyone knows when ACS comes a knocking.

People always know.  I feel ashamed.  I want to leave New York City.  I want to leave so ACS can never take me and my brother again.  My Mom said we can't leave just like that while the case is open. 

I'm scared when I hear a hard knock at the door. I think they are coming.  I was scared to go to school because they will come to the school and remove me and put me in a foster home.  All because if my Mom and Dad don't do what they want, never mind they are not abusing us. 

I feel safer at home.  I feel like my Mom and Dad could keep them from taking me.  I failed a test I had to take for my new school on purpose because I'm scared ACS will come to the school and take me.  My head started to hurt every time it came time to leave the house.  Every morning I was sick throwing up and diarrhea.

I will be so glad when I am 18 and my brother is 18.  Then I know ACS will never be able to put us in a foster home again.

When I started to write this story, my Mom asked me: If I had a chance what would I say to ACS and people who read this?  I wanted to say please leave me and my brother alone and other kids who don't need to be put in foster care. ACS don't take us and put us back in those bad homes.  I want to be with my Mom and Dad.  I want to be a normal kid.  I don't want to be scared to go to school.  I don't want to jump every time there is a knock at the door.  I want to feel safe in my own home without worrying that acs is coming.

The Lord is my rock, and my fortress, and my deliverer... Psalm 18:2

Friday, December 23, 2016

Child welfare in New York City: Another mayor wanna-be tries to exploit child abuse tragedy

 
New York City Comptroller Scott Stringer
NCCPR's updated report on New York City child welfare
is available here.

And see this excellent column from Errol Louis in the New York Daily News for more about Scott Stringer's so-called report, and other politicians who "preen at kids' expense"

It’s good to see New York City Mayor Bill de Blasio and the Administration for Children’s Services fighting back against the alleged “report” from another mayor wanna-be. This time it’s City Comptroller Scott Stringer seeking to exploit child abuse tragedy to advance his political ambitions.

I say alleged report because I can’t seem to find it anywhere.  There is a press release on Stringer’s website – but I can’t find an actual report.  I assume it exists, since a NY1 story shows video of a document trumpeting “preliminary findings.” [UPDATE, DEC. 27: In an excellent column in the New York Daily News Errol Louis writes that "In reality, what Stringer issued was nothing but a two-page letter to ACS, along with the all-important press release..."]

Stringer’s apparent shyness about posting his findings is surprising. One would think he would be proud to show us all how he managed to conduct a thorough review of 3,692 child abuse investigations in less than three months.

As for the numbers Stringer spewed out, it’s worth looking at the fine print.

The actual “report” – as seen in a screenshot of the NY1 story  - says that of the 3,962 ACS investigations conducted from July 1 to September 25, 38 were high priority because they involved a report of a death of a child. That does not mean ACS knew about all 38 children. Some of them may have been high priority cases precisely because the death was the first ACS knew about the family.  Stringer goes on to claim that ten of the 38 deaths were in cases where ACS in fact had received at least four reports on the child. 

But here’s what ACS says:

● Among the cases studied by Stringer’s office, there were 26 fatalities during the three-month period and 33 fatalities in all, not 38.
● Four of the deaths occurred before 2014.
● 15 of them were in families not known to ACS.

Gothamist reports that, according to the city, of the fatalities in cases that were known to ACS:
● Six allegedly died due to  unsafe sleeping conditions.
● Three died due to illness
● One died in a fire
● One died due to an accident. 

In three other cases, the cause of death is not yet known.

The best indication that ACS’s numbers are right comes from how Stringer responded: He tried to change the subject, saying in effect: Pay no attention to the fatality figures I used to grab cheap headlines, what about the findings on whether workers completed all their required tasks?

We all know the answer: Had the report focused on that in the first place, there would have been no cheap headlines.

Here are a few basic facts to put this, and any other report on child abuse fatalities, into context.

● There are about 1.8 million New Yorkers under age 18.

● There were 55,329 reports alleging child abuse in New York City in Fiscal Year 2016.

● Even by the Comptroller’s own estimate, there were 3,692 “high priority” investigations in a period of just three months.

● In a typical year, somewhere between 40 and 50 children previously known to ACS die. 

● “Known to the system” can be anything from one report on a family to many more. And the time frame can be anything from known to the system a day before the death to known to the system ten years earlier.

● In many cases, the death is not due to child abuse. For example: A spike in deaths of children known to the system in 2015 was due to an increase in deaths due to natural causes.

● Determining if a death is due to abuse, neglect, or accident can be surprisingly subjective. Suppose a toddler wakes up early one Sunday morning, manages to unlock the door, wanders outside and is hit by a car.  Accident or neglect? Given the biases that permeate child welfare, if the child lived in Riverdale, it probably would be labeled an accident.  If it’s the South Bronx, it be more likely to be labeled neglect.

What we can – and can’t – learn from death numbers

What does it all mean? Though each is the worst form of tragedy, and the only acceptable goal for such deaths is zero, a child abuse death is, fortunately, very rare – so rare that it is almost impossible to determine if a child welfare agency is doing better, or worse, by trying to count them.

It also means that the children who are going to die if ACS doesn’t find them first are a very small number of needles in a very large haystack.  And the case which, after a tragedy, seemed to have more red flags than a Soviet May Day parade may have looked before the tragedy just like hundreds of other cases where nothing went wrong.

You will never succeed in finding the needles by trying to vacuum up the entire haystack – in other words, by tearing apart far more families and consigning far more children needlessly to foster care. New York City tried that after Elisa Izquierdo died and after Nixzmary Brown died. It didn’t work. And it’s probably happening now, too.

There are better ways to measure ACS performance: What percentage of abused or neglected children known to the system face any form of abuse or neglect again? What proportion of children sent home from foster care have to be placed in foster care again?

By these measures, ACS’ performance in FY 2016 actually was the best it’s been in at least six years.

And it’s not good enough.

No free pass for ACS

None of this means it’s time to give ACS a free pass and turn to other things.

As I suggested in response to a report from another mayor wanna-be, there are far better ways to evaluate ACS. 

As for those performance measures in Stringer’s report, maybe it’s time to look at a more fundamental question: Do those requirements actually improve practice, or are they just CYA protocols.

For example, according to the New York Post, one of the “shocking” findings in Stringer’s alleged report is that “31.9 percent of the cases were closed without first being reviewed by a supervisor five times.”

Five times?  Really?  Perhaps we should start by considering whether reviewing the same case five times is the highest best use of a supervisor’s time – as opposed to a CYA rule added after some past high-profile tragedy in which a supervisor only reviewed the file three or four times.

The price of panic

And finally, if in fact the proper checks aren’t being made, if the investigations are too superficial, if workers are engaging in what’s been called “drive by casework” that’s almost certainly because those workers are overloaded.

Political grandstanding pushes workers to rush to tear apart even more families. That kind of foster-care panic further overloads workers. So the investigations get sloppier – and more children are endangered. Scott Stringer’s grandstanding is making all vulnerable children less safe.


Surely Stringer could have found a better way to campaign for mayor.

Sunday, December 18, 2016

UPDATED: The politics of foster care panic in New York

New York Gov. Andrew Cuomo is exploiting a child abuse death to score points 
in his longstanding feud with New York City Mayor Bill de Blasio

One politician after another exploits child welfare tragedies, fueling a surge in needless removal of children

UPDATE, DECEMBER 22: NCCPR has updated its comprehensive report on New York City child welfare.  And see also below for our take on the latest report from City Comptroller Scott Stringer.

The previous post to this blog discussed the foster care panic that appears to be underway in New York City – the third time in 20 years that a high-profile tragedy has led to a surge in the needless removal of children from their homes.

We’ve already had the Ritual Sacrifice of the Agency Chief – the reform-minded Commissioner of the city Administration for Children’s Services, Gladys Carrion, has announced her retirement. That might well be what really happened, but when mayor Bill de Blasio’s press secretary was asked if the mayor  would have fired Carrion had she not quit, he refused to comment.

The state Office of Children and Family Services (OFCS) has demanded that de Blasio hire a state-approved “monitor” to oversee ACS.  (De Blasio didn’t help matters when he misled the press and public, claiming the monitor was his idea.)

And who is fanning the flames? One politician after another.  It’s reached almost comic proportions, with one grandstanding pol actually complaining that the monitor might get to take cheap shots before he does!

The problem is not that these pols are falling all over themselves to criticize ACS. The problem is that they’re not being critical enough. By focusing only on errors that lead to deaths of children in their own homes, they leave the false impression that this is the only kind of mistake the agency makes.

In fact, while ACS has improved in recent years – in fact the agency’s safety outcomes are the best they’ve been in at least six years – all child welfare agencies can be arbitrary capricious and cruel, taking many children from homes that are safe or could be made safe with the right kinds of help, even as they leave other children in danger.

The demagoguery by grandstanding pols sends a terrible message to the frontlines: There is no penalty for taking away hundreds, perhaps thousands of children needlessly – no matter how much harm that does to the children. A caseworker’s career, reputation, even their personal freedom is on the line only if they leave a child in her or his own home and something goes wrong.  Contrary to what caseworkers often claim, when it comes to taking away children, they’re not “damned if they do and damned if they don’t” – they’re only damned if they don’t.

Who would put politics ahead of children’s safety? It’s a long list:

Governor Andrew Cuomo


The undermining of child welfare reform in New York City starts at the very top – and I don’t mean the mayor. I mean the governor, Andrew Cuomo.  In New York, counties and New York City run their own child welfare systems, but the state is free to meddle as much as it wants.  Cuomo has taken full advantage of that freedom to pursue a vicious, longstanding feud against de Blasio – at children’s expense.

How bad is their feud?  The New York Daily News says it has been

… uniquely personal, bitter and public … Close observers of both men wonder if Cuomo will not rest until he has buried de Blasio politically.

Cuomo is the son of the late Gov. Mario Cuomo, one of America’s most inspiring, most compassionate – and most complicated – political leaders.  The reporters who covered him regularly (for about I year I was one of them) knew he had a dark side.

Andrew has all of his father’s dark side, some of his eloquence – and little, if any, of his compassion.  As far back as 1987, when he was a close advisor to his father, he was portrayed in an annual musical comedy revue performed by state government reporters as Darth Vader. Click here for the video.

Think he wouldn’t play politics with children’s lives? He already has. One of Cuomo’s first big fights with the far more progressive de Blasio involved the governor’s efforts to thwart the mayor’s plans for universal pre-kindergarten.

“Public Advocate” Letitia James


Letitia James
New York City is unusual, perhaps unique in the United States, in having a citywide elective office of Public Advocate. As the name implies, the principal power of this office is the bully pulpit.  Its principal function seems to be to launch mayoral campaigns.  The first Public Advocate, Mark Green, ran for mayor and lost. The third, Bill de Blasio, ran and won.

Green took a smart, nuanced approach to child welfare, issuing scathing reports often focused on failures in all directions, including wrongful removal and how the deck was stacked against families.  It’s exactly the kind of critique needed now.  But I can’t link to the reports because  Green’s successor, Betsy Gotbaum, removed them from the Public Advocate’s website.

All of Green’s successors – including de Blasio – used their bully pulpit to undermine child welfare reform and take advantage of high-profile tragedies for political gain. (That’s why it was  a heartening surprise when de Blasio named a real reformer, Carrion, to run ACS.)

No Public Advocate has been worse on this issue than the current occupant of the office, Letitia James. She, too, is said to be interested in running for mayor.  And she’s been the perfect partner for Cuomo.  Working with Marcia Lowry who used to run the group that so arrogantly calls itself “Children’s Rights” and who has become a key figure opposing reform nationwide, James sued the city and, technically, the state.

I say technically because the suit against the state required almost nothing from the state – except that it “monitor” ACS.  So of course the state rushed to “settle.”

As I noted in a previous post, perhaps most appalling, the settlement actually would have barred anyone else from bringing a class-action suit against the state during the term of the settlement. (Presumably Lowry and James would have sought a similar ban against suing ACS had they reached a settlement with ACS.)  In other words, Lowry and James simultaneously maintained that their suit was essential and every other possible class-action suit was worthless.  The arrogance behind this position is breathtaking.

The “settlement” maneuver was so transparent that when a federal judge threw out the settlement, she suggested the state, the public advocate, and Lowry may have engaged in – her words:  “collusive activity.”

As far as the part against the city goes, the suit was a thinly-disguised effort to force ACS to curb efforts to keep families together (efforts that, as noted in my previous post, improved child safety) and rush to terminate parental rights in more cases.

The suit was so bad that not only did all of the groups providing legal representation for parents unite to oppose it, so did all of the groups providing legal representation for children – including a group that actually had partnered with Lowry on a previous suit.

So on one level, James and Lowry deserve credit: It takes a truly awful, destructive lawsuit to  unite ACS, the lawyers for parents and the lawyers for children.

Further raising questions about the suit is what happened after the horrifying death of Zymere Perkins.  First Cuomo, apparently seeing another chance to try to “bur[y] de Blasio politically” ordered the state Office of Children and Family Services to “investigate.”  Then, last week, OFCS ordered the city to name a monitor – someone who would have to be approved by OFCS.  In other words, the state did on its own what the settlement would have “required,” reinforcing the perception of “collusive activity.”

And James sank to a new low, taking the occasion of a child abuse tragedy and its aftermath to issue a sanctimonious statement that boiled down to: Nyah, nyah, nyah – I told you so!

But the person most upset by the naming of a monitor may be the next of the great grandstanders ...

 Mark Peters, commissioner of the New York City Department of Investigation (DOI)

Mark Peters

Peters was an early master of Donald Trump-style fearmongering-by-horror story, exploiting such
cases to make broad, sweeping, unfounded generalizations. Now he seems to be afraid someone else may beat him to it.

In a statement apparently issued when people still thought the monitor was de Blasio’s idea, Peters said: “DOI is the independent monitor for ACS; we are not sure what another independent monitor would add."

Translation: It’s hard enough sharing the cheapshot limelight with Letitia James, now this new monitor will have first dibs!  I suspect that sentiment is shared by …

New York City Comptroller Scott Stringer


Scott Stringer
He also announced an “investigation” into the Zymere Perkins case – supposedly a follow up to a
“scathing audit” he’d issued in June.

[UPDATE, DECEMBER 22: And lo and behold: Stringer now claims to have conducted a comprehensive review of 3,692 cases – in less than three months. The resulting report appears to suffer from the same methodological failings as Peters’ work.

It’s hard to tell, though, since the report somehow was conveniently leaked to the New York Post one day before its release. The Post published a story, but no link to the document itself. So there’s no way to fully evaluate exactly what Stringer was looking at or how he looked.

But, the Post reports - at the very bottom of the story that

Both ACS and Mayor Bill de Blasio’s office disputed Stringer’s findings, saying 21 of the 38 deaths Stringer cited had no prior history with ACS. They also said seven other deaths stemmed from unsafe sleeping conditions, two were illness-related, one was determined to be accidental, and the official cause of two others remained pending. The existence of five other child death cases cited by Stringer is being disputed by the de Blasio administration. “It’s no surprise that ACS’s data was cherry-picked to support a simplified and largely inaccurate conclusion,” mayoral spokesperson Aja Worthy-Davis said. “This report contains many inaccuracies — such as a base misunderstanding of child-protective review protocols and legal rules regarding risk assessment. 
In short, the Stringer report appears to be one more politically-motivated smear from one more mayor wanna-be.]


 As for Mayor de Blasio, he hasn’t exactly been a profile in courage either.  As I noted in my previous post, he could learn a lot from Connecticut Gov. Dannel Malloy – who has backed up his child welfare agency chief, Joette Katz, when she’s refused to cave to very similar political pressure.


 We all need to be monitors


In fact, the best independent “monitor” of ACS is all of us.  In New York, Family Court hearings are open to the press and the public. Anyone can sit in, day after day, and see how the system really works in the typical cases, not just the horror stories.  There also is a well-developed infrastructure of advocacy in New York City, including those lawyers I mentioned for children and parents, grassroots advocacy groups such as the Child Welfare Organizing Project and Rise, a New York-based magazine written by parents caught up in the child welfare system. And state law gives ACS unusual leeway to comment on cases. If officials at ACS don’t comment, odds are they’re stonewalling.

All of this is why scholars like Tina Lee can produce great books such as Catching a Case – the story of how the New York City system really works. Few jurisdictions offer as many avenues to real oversight of their child welfare agencies. Journalists just need to take advantage of it.

Again, none of this means ACS should be immune from criticism. On the contrary, as I said in my previous post, we need to hear more bad news, not less.

Mark Green was as critical as anyone of ACS.  But his criticism was not only scathing, it also was thorough, sensible and smart.

But, of course, Mark Green never did get to be mayor.                                                                                                                             

Thursday, December 15, 2016

Once again, New York City children pay the price of foster care panic

New York City Mayor Bill de Blasio. Photo by Kevin Case

And it comes just as data show City children "known to the system" at their safest in at least six years.


The data are still preliminary but, as first reported by the website Gothamist, it appears that for the third time in two decades New York City is in the midst of a foster-care panic – a sharp sudden increase in children removed from their homes in the wake of a high-profile tragedy.

Zymere Perkins, a child “known to the system,” died in September. Politicians immediately started tripping over each other in the rush to advance their careers with the usual demagoguery. That had the usual effect. Data from the city child welfare agency, the Administration for Children’s Services, show that in October the number of children taken from their homes apparently was 75 percent higher than in October, 2015.

Making this doubly tragic: In Fiscal Year 2016, before the panic, key measures of child safety show that New York City children were safer than at any time in at least six years.  In contrast, foster-care panics make children less safe.

That doesn’t mean all was well at ACS. I am not suggesting there is validity to the common complaint about the media: “You don’t report the good news” – and Mayor Bill de Blasio needs to stop whining about this.  Of course media don’t report the good news. When I was a reporter, I didn’t go out to the airport to write stories about all the planes that landed safely.

What is needed is more reporting about the bad news: Tearing apart far more families needlessly does the children in those families enormous harm. We need more reporting on that kind of bad news – as Gothamist has done.  ACS and other agencies like it routinely err in all directions – we need more reporting on the stumbling and bumbling that leads to needless removal, as well as the stumbling and bumbling that leaves children in danger in their own homes.

In the absence of such reporting, the foster care panic will go on for years, just as it did starting in 1996 and again a decade later. Many more children will be harmed, and all New York City children will be less safe.

That’s because of the message to the frontlines: If the only kind of blunder for which a caseworker can get in trouble, or wind up on the front page, is leaving a child in danger in her or his own home; if there is no penalty for making scores or hundreds of blunders that lead to needless foster care, then, of course, caseworkers will remove children needlessly.

What the data tell us


There are two key measures of child safety – they are the standard measures used by the federal government: One is the percentage of children re-abused after they become known to a child welfare agency after a given period of time. The federal government measures reabuse within six months. New York City uses a tougher standard, reabuse within a year. The second standard is foster-care recidivism, the percentage of children returned home from foster care who have to be placed again within a year.

The percentage of children reabused in 2016 was the lowest since 2009. The rate of foster-care recidivism was the lowest since 2006.  Data and sources are in NCCPR’s report on New York City child welfare.

Now, consider what happens during foster care panics.

The 1996 panic, set off by the death of Elisa Izquierdo late in 1995, did nothing to make New York City children safer. Removals skyrocketed, reaching the highest number in decades in 1998. That same year the rate of re-abuse was the highest it’s been in any year since, and foster-care recidivism barely budged.  And, of course, thousands more children were exposed to enormous inherent harm of needless foster care, and the high rate of abuse in foster care.

After Nixzmary Brown died, in January, 2006, removals shot up again from 2006 through 2009. So did rates of reabuse and foster care recidivism. As entries into foster care went down again, first recidivism and then reabuse rates slowly declined.

What about fatalities?


Of course, the measurement of choice for politicians isn’t something relatively reliable such as how many children actually are re-abused. The measurement of choice is: Was there a particularly horrifying case in the news that supposedly “proves” the child welfare agency is incompetent? 

By that measure every child welfare agency in America is incompetent, always was incompetent, and always will be incompetent. Because there is no child welfare agency that can prevent every tragedy – or even every tragedy in which the case file had more “red flags” than a Soviet May Day parade.

But here’s what we do know: Foster care panics make children less safe, even when the measure is the number of deaths of children “known to the system.”

That’s actually a lousy measure – for reasons for which we all should be grateful. Though each is among the worst imaginable tragedies, let us be grateful that the number of such tragedies, even in a city the size of New York, is low enough to rise or fall due to random chance.

That’s why it’s irresponsible in the extreme to try to draw sweeping conclusions, as the commissioner of the city’s Department of Investigations tried to do, based on examining only the horror stories.

But as long as everyone insists on using such deaths as a measure, I’ll point out that during the two previous foster-care panics, deaths of children “known to the system” in New York City increased.

Here’s something else we know: The only places in America that have succeeded in improving child safety are those that did what New York City has done in recent years – rebuild to emphasize safe, proven alternatives to tearing apart families. In contrast, there is no place in America where foster-care panic has made children safer.

And there’s one more thing we know: Foster care panics are not inevitable.

The state run child welfare system in Connecticut also has had high profile tragedies in recent years. Those tragedies have been followed by the same sorts of self-serving demagoguery seen now in New York City.  But there’s been no foster care panic – for the simple reason that the leader of the state child welfare agency refuses to allow it, and her boss, the governor, is backing her up.

A dose of Connecticut courage is just what New York City needs right now.

Monday, December 5, 2016

New columns on the "presents for pimps" amendment to the Family First Act, a stunning report on child welfare in Arkansas, and another lesson from Election 2016

➤Legislation that would tinker with federal child welfare financing known as the "Family First Act" was dead, then alive, now, probably, dead again. Unless it isn’t.  More to the point, there’s a real lesson in the callousness and cynicism of the group home industry in the form of one of the changes they added to further weaken the bill.  It amounts to a Christmas present for pimps. I’ve written about it here:


➤In Arkansas, the child welfare agency hired a consultant to find out why there was a sharp increase in the foster care population.  I suspect they wanted the consultants to say it was all because of drug abuse and budget cuts.  But they didn’t.  I wrote about it for Youth Today, here:

The most ardent backers of “predictive analytics” in child welfare tend also to be the most ardent backers of a “take the child and run” approach to child welfare. But there are exceptions – reform-minded leaders of child welfare systems who say, in effect, you can trust me to only use the algorithms the right way.

➤The New York Times has a striking story about how President Obama took the same approach to national security issues – exercising self-restraint on issues such as use of torture but resisting efforts to establish stronger protections via laws or court decisions. 
For obvious reasons that’s coming back to haunt him – and us.

So in this column I ask What Happens When the Good Guys Ride into the Sunset, Leaving Their Algorithms Behind