Politics
Carcieri: Review backs DCYF actions
01:00 AM EDT on Wednesday, July 4, 2007
Twenty-four hours after launching a review into allegations of widespread abuse of foster children in state custody, Governor Carcieri announced there is no evidence of intentional wrongdoing by the Department of Children, Youth and Families.
The state agency cares for roughly 3,000 children removed from their homes for their safety. A sweeping federal lawsuit filed last week by the state child advocate alleges that the DCYF repeatedly placed children in dangerous situations, failed to remove them promptly after abuse was revealed, and later failed to offer proper counseling and treatment.
“From our initial review, it appears that DCYF, the caseworkers, and the supervisors acted appropriately,” the governor said in a statement released late yesterday afternoon. “These are complex cases that have been opened for many years. The decisions that were made regarding the placement of children appear to have been made with the intent to ensure their safety and well-being. It does not appear that anyone knowingly put children in harm’s way.”
The governor’s comments followed an afternoon briefing with DCYF Director Patricia Martinez and Jane A. Hayward, secretary of the Executive Office of Health and Human Services. All three have been named as plaintiffs in a lawsuit filed by state Child Advocate Jametta O. Alston, a Carcieri appointee charged with protecting the legal rights and interests of children in state care.
When reached last night, Alston said the case had little to do with the actions of individual state employees or a handful of abuse claims.
“This is about the executive branch, the failure of an agency,” she said. “For me and for our team, this case has never been about finding fault with individual social workers or case workers. This case is about the harm that children experience in Rhode Island’s childcare system.”
Martinez said after the briefing that DCYF investigators spent about five work hours poring through records related to the 10 children listed in the suit. While the governor said that there was no evidence of wrongdoing, Martinez suggested it was difficult to draw conclusions from yesterday’s briefing, which was based on a very limited review.
“We were trying to look at if there were clear indications that the children were put in harm’s way,” Martinez said. “You can’t in five hours, without going through every detail, without reading every sentence in the reports, say it seems that this person really made a mistake. I think it would be inhumane to come to a conclusion.”
The lawsuit cites federal data that ranks Rhode Island as worst in the nation in the rate of children abused and neglected while in state foster care in five of the six years between 2000 and 2005. And the suit tells the graphic stories of 10 young children who suffered repeated abuse and constant shuffling through foster homes, shelters and institutions.
Because pseudonyms were used in the court filing, the governor’s office confirmed the actual names of the children yesterday afternoon, according to Martinez.
“From yesterday afternoon at 4, our regional directors had to drop everything they were doing … so I could get the information to the governor today,” Martinez said yesterday, estimating that her staff spent about five hours poring through old records and case files. Some of the allegations listed in the lawsuit go back 10 years, she said, adding that DCYF staff planned to take the investigation to “the next level” in the coming weeks.
The governor acknowledged that the DCYF would continue its review, but he largely cleared the state of any wrongdoing based on yesterday’s briefing.
“In cases where there were allegations of abuse, DCYF acted properly in following up on these reports. Many of these cases resulted in findings that were either unsubstantiated or reversed on appeal. It appears that DCYF staff established appropriate safety plans in the cases that were reviewed,” Carcieri said.
Meanwhile, Alston said that the 10 children cited in the lawsuit are simply examples of a system that is broken.
“We are looking at a system that doesn’t function,” she said. “It’s sick. And we have children in it who are suffering.”
The lawsuit is backed by the international law firm of Weil, Gotshal & Manges and Children’s Rights, a nonprofit New York City organization that has successfully brought similar lawsuits in six other states.
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