The Massachusetts Legislature has named a nominating
committee to recommend candidates to become the next leader of the state’s
Office of Child Advocate. I have written
often about the failings of the current Child Advocate. Given who is on the
committee, and how badly they organized a recent "listening session” I’m
not optimistic that they will make a wise choice.
Nevertheless, I sent them the written statement below.
The recommendations concerning how the office should operate and how to
restructure its governance apply not only in Massachusetts but also to most if
not all similar offices.
_________
Thank you for the opportunity to
submit this written statement. I will
conclude it with an introduction to my organization and our long history
following child welfare in Massachusetts.
But I want to start with the heart
of the matter: what I hope you will look for in the next Child Advocate. To do that, I want to start more than 3,700
miles from Massachusetts – in Sweden.
That was the
scene of the latest, and perhaps most horrifying, in a
long line of studies documenting the enormous inherent harm of tearing
children from their families, and the need to take this action far less often
than Massachusetts does it today.
The Swedish study looked at more
than 20,000 cases. Conducted by a scholar based both in Sweden and at MIT, and
using a methodology pioneered by another MIT scholar, the study compared the
fate of children placed in foster care to that of children alleged to be
comparably maltreated, but left in their own homes. Please note the part about
comparably-maltreated. The foster youth did not have worse problems;
they did not suffer worse alleged maltreatment.
And yet, by age 20, those placed in
foster care were more than four times more likely to have died. Let me repeat that: More than four times more
likely to be dead. The most common cause: suicide.
One might argue, I suppose, that
somehow the Swedish foster care system is vastly worse than the one in
Massachusetts. But it would be hard to make that argument with a straight face.
The findings from the Swedish study
come on top of all those other studies, one after another after another,
documenting worse outcomes for foster youth than for allegedly
comparably-maltreated children left in their own homes.
That’s not because foster parents
are evil; most want to do the very best for the children in their care. Even
group homes and institutions often are staffed by well-meaning people. Rather,
it’s a testament to the inherent harm of family separation. Think back to the
children torn from their parents at the Mexican border.
Listen
to their cries in this audio. Yes, there is a difference: caseworkers for
the Department of Children and Families almost always mean well. But the
children cry out the same way for the same reason.
None of this means that no child
ever should be taken from her or his parents. But it does mean that foster care
needs to be used sparingly and in small doses.
But for decades, Massachusetts has prescribed mega-doses of foster care.
As of 2024, Massachusetts was tearing apart families at a rate more
than 40% above the national average – even when rates of child poverty are
factored in.
All this means that Massachusetts
needs a Child Advocate who understands this, a child advocate who understands
that in child welfare, the errors, including the worst errors, go in all
directions, a child advocate who understands the need to call out, and learn
from, the errors in all directions.
Perhaps the only thing about
Massachusetts child welfare about which everyone agrees is that caseworkers are
overwhelmed and underprepared, rushing from case to case. Under those circumstances, it should be
obvious that there will be terrible mistakes in all directions. An office that
finds errors only one way, concluding that workers constantly leave children in
dangerous homes and never take children needlessly – or vice versa – probably
has a structural problem and definitely needs better leadership.
Yet for the current Child Advocate,
the errors go only one way. Her reports follow the same pattern: Find the
worst horror story, draw sweeping conclusions from that single case, and press
for measures bound to lead to taking away more children. That approach only
further overloads the system, doing enormous harm to children needlessly taken,
while leaving workers with less time to find the relatively few children in
real danger - making the next horrible tragedy more likely. An advocate who sees error in only one
direction encourages a system that makes all children less safe.
The one time the current advocate
accidentally faced real accountability was revealing. She led a commission on
mandatory child abuse reporting laws. For more than a year, that commission
heard only what the child advocate wanted it to hear – so its initial draft
called for further expanding mandatory reporting.
But then, when OCA had to hold a
public hearing, a bit like this one, the commission heard from all sides. They
heard the evidence that mandatory reporting has backfired, increasing the
danger to children. Commissioners were, in their own words,
“shocked,” “surprised” and “taken
aback.”
The commission rebelled. It chose
to make no recommendations at all.
The other key reason to change
OCA’s approach is the simple fact that the current advocate’s approach hasn’t
improved anything. The current
Massachusetts Child Advocate has been in office for ten years. In that time,
she’s produced a ton of sensational headlines. But there is no evidence that
any of it actually has made Massachusetts children safer.
Massachusetts
children need an advocate who will demand accountability, and demand that we
learn the right lessons both when children are left in dangerous homes and when
children are torn from everyone loving and familiar and consigned to the chaos
of foster care.
A child
advocate who understands that the errors go in all directions would commit to a
key method for discovering errors in all directions: an annual audit of a
random sample of cases to assess system performance and make recommendations.
The audits should be conducted by a
diverse team of stakeholders — former family defense attorneys and former child
abuse prosecutors, for example. At my organization’s suggestion, New Jersey’s
first child advocate, Kevin Ryan, pioneered
a similar approach 19 years ago, producing a report that found — no
surprise — errors in all directions.
Restructuring the office
Though it
is beyond the mandate of this committee, I want to urge it to recommend not
only a new child advocate but a new structure for OCA.
We all know the cliché: Knowledge
is power. The corollary, though, is that anyone who has a near-monopoly on
knowledge will have enormous power to shape public opinion. That enormous power
brings enormous potential for abuse.
Agencies like DCF tend to be more
secret than the CIA. So whoever becomes a state’s “child advocate” has that
enormous power. But while such offices are conceived as a way to watch over
state child welfare agencies, lawmakers sometimes forget a crucial question:
Who watches the watchdog?
So a new child advocate isn’t
enough. I hope you will urge lawmakers to restructure the office.
Right now, as you know, three
public officials name the child advocate. S/he serves a fixed five-year term. While
the advocate demands accountability from everyone else, s/he is accountable to
– no one. No one can set her priorities, no one can remove her except for cause,
no one can fact-check her, no one can serve as a check and balance against any
biases s/he may bring to the job.
Many who spoke at this committee’s
“listening session” spoke of the need for the child advocate to be independent.
He or she already is entirely independent – independent to a fault. Because
while it is reasonable, indeed essential. that OCA as an office be
insulated from political interference, someone still needs to watch the
watchdog. Here’s how it could be done:
OCA should be governed by a board
of directors that is diverse in terms of race, ethnicity, sexual orientation
and disability; vital for a state with a child welfare system where Black,
Native American and Hispanic children are grossly
overrepresented. It also must be diverse in terms of lived experience and
viewpoints. The board should include current and/or former foster youth, foster
parents, kinship foster parents, birth parents who lost children to the system,
current or former frontline caseworkers, representatives of the disability and
LGBTQ communities, child abuse prosecutors and family defense attorneys.
But it can’t stop there. Mental
health and domestic violence are constantly cited as reasons for child welfare
intervention. So the board would need mental health practitioners, people who
work with survivors of domestic violence, and survivors themselves.
In addition, in Massachusetts, as in most
states, the system focuses almost exclusively on poor people, often
confusing
poverty with neglect. So the board should have leaders of anti-poverty
organizations.
Then, after what would, no doubt,
be vigorous debate, this group should choose the Child Advocate. The board
would also set the office’s priorities, determine its approach and review all
reports before publication.
This way, OCA as an office remains
fully independent, but the leader of that agency is subjected to internal checks
and balances to increase the likelihood that recommendations will be wise and
unbiased.
Because independent does not equal
unbiased. I was surprised to hear one speaker equate the two during the
listening session.
We all have biases. And in a field
as fraught as child welfare, the biases can run deep. Whoever is named the next
child advocate almost certainly will have a background in the field. The
personal experiences one encounters in any part of this field can be searing.
And while any honorable leader seeks to check and control her or his biases,
that is not enough. They need the guidance of others, in this case, a board
whose diversity of personal experience allows for a check and balance against
the biases, however unintended, of any one individual.
The problem of bias would be even
worse if, as seemed to be suggested by one speaker, the child advocate were
allowed to become a virtual dictator, whose every recommendation would have to
take effect. This would be an abdication of responsibility by the state’s
elected representatives. They are ultimately responsible for determining policy
and practice in child welfare, and every other field subject to governance by
the commonwealth, on behalf of those they represent.
This
committee, of course, does not have the power to make the changes I recommend
here. That, too, would rest with the elected representatives of the people. But
it does have the power to recommend a restructuring. And it certainly has the
power to recommend a child advocate who understands that the errors go in all
directions.
Thank you.
About NCCPR
The National Coalition for Child
Protection Reform is a small nonprofit child advocacy organization dedicated to
trying to make the child protection system better serve America’s most
vulnerable children. We are a Virginia-based organization with Massachusetts
roots.
The group was established at a 1991 Harvard
Law School conference by the late Betty Vorenberg, a former member of the
National Board of the ACLU, former Deputy Director of the Department of Public
Welfare during the Dukakis Administration and former Deputy Director of the
Massachusetts Advocacy Center.
You can read all about our
distinguished Board of Directors here https://nccpr.org/nccpr-board-and-staff/
and about what others in the field say about us here: https://nccpr.org/what-others-say-about-nccpr/ My own background is in journalism: 19 years
as a practitioner, including two at WGBY Public Television in Springfield,
three as a professor. I spent much of my
time covering child welfare, work that culminated in publication of a
well-received book, Wounded Innocents (Prometheus Books, 1990,
1995).