| Releases
& Statements
For Release: Thursday,
January 11, 2007
Contact: Frank Sobrino, Press Secretary
O: (212) 669-4193
Statement of Public Advocate Betsy
Gotbaum for
City Council General Welfare Hearing
Thank you Chairman DeBlasio for holding
this important hearing.
One year ago, young Nixzmary Brown
was brutally killed by her parents while they were under investigation
by the Administration for Children’s Services. Since her
death, we’ve seen an increase in the number of cases of
suspected child abuse and neglect reported to the State Central
Registry. We know ACS attorneys have extremely high caseloads.
A report I published in September
found that ACS attorneys often go into Family Court inadequately
prepared, potentially exposing battered children to further abuse.
Current and former ACS attorneys described the situation as a
“ticking time bomb” and say that children may be returned
to an abusive home because their case was mishandled in Family
Court.
ACS’ performance in Family Court
is further hindered by a startling 22.6 percent annual attrition
rate among attorneys and by the agency’s failure to hire
and train replacements in a timely manner. By the time the replacements
are prepared to handle a caseload, many of the more seasoned attorneys
have left, creating a never-ending shortage that forces an individual
attorney to juggle anywhere from 50 to 150 cases.
ACS attorneys need working conditions
that allow them to protect the vulnerable children in their care
and do their jobs effectively. To that end, ACS must hire more
attorneys to reduce individual caseloads, and recruit and train
new attorneys on an ongoing basis to quickly fill vacancies. The
agency must also hire skilled paralegals and support staff to
help ease attorneys’ workloads.
ACS must also create a positive work
environment to retain its lawyers. Seventy percent of the lawyers
interviewed for my report said they joined ACS because they wanted
to work in child welfare and help children and families. The most
frequently cited reason for leaving ACS was the “negative
agency culture.”
The problems we’re seeing with
ACS attorneys underscore the need to take a closer look at the
whole Family Court system. The increase in cases further burdens
Family Court judges who already have large dockets. Much like
overworked and underprepared ACS attorneys, we’ve been informed
that judges are struggling to keep up with an influx of new cases.
It’s a recipe for disaster that can only further endanger
children.
That’s why I propose creating
an independent Office of the Child Advocate, similar to offices
in other states, with subpoena power to investigate child fatalities
and allegations of abuse. In addition to monitoring the entire
system – ACS, entities that contract with ACS, and Family
Court – the Child Advocate would have access to confidential
child welfare records and casework notes and the ability to hold
public hearings.
ACS cannot accomplish the changes
necessary to repair the child welfare system by itself. We must
create an independent office with oversight of the entire system
to meet the mandate of ensure a safe environment for all children.
Thank you.
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