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Thursday, October 29, 2009

My column today is about my correspondence and phone interview with Richard Wexler, a great guy who's head of the National Coalition to Change Child-Welfare Reform.  He e-mailed me after my last column ran, to say I was full of crap to suggest that we each keep DHS on speed-dial to report child abuse if we suspect it's taking place.

He shared alarming and surprising information about how child-welfare agencies panic when horrific child-abuse cases make headlines. As a result, they place kids more quickly into foster care, without considering whether foster care is the best option for a child. The scary thing is that, studies show, the vast majority of maltreated kids fare better in their own homes than do maltreated kids who go into placement.

Anyway, once I filed my column yesterday, Wexler e-mailed me some additional thoughts about child-welfare agencies and social workers - and a theory about how a beartbreaking case like Charlenni Ferreira's might've managed to persist, through no fault of DHS or any other concered onlookers. He'd just read an Inquirer story about how Charlenni's family had become so good at hiding her abuse. DHS became so convinced the Ferreira familly was being harrased by the school nurse who contacted DHS about them, an agency worker suggested the family get legal advice about how to fight the unfairness of it all.

"The attitude test" - he calls it.

"What [the Inquirer story] suggests to me," he writes, "is that this case was very different from Danieal Kelly or many of the others. When [DHS commissioner ] Anne Marie Ambrose says (without hindsight, of course) that there was nothing DHS could have done differently – she may be right.

"What we may have here is simply parents who were extremely good at conning professionals.  They may have known how to tell them exactly what they wanted to hear, how to claim innocence with a tone of sorrow instead of anger, and most important, they promised to cooperate with the various providers.

"In contrast, the parent who gets angry and says, “I’m innocent, dammit!” because she is, in fact, innocent, may lose her child forever.  A lawyer I interviewed for my book called it “flunking the attitude test.”  In this case, it may be the nurse [at Clara Barton Elementary School] who flunked.  She may have vented her entirely understandable frustration at not being listened to in a way that offended caseworkers and the therapist - and therefore been labeled a troublemaker.  (After all, it can take extraordinary wisdom to forgive the tone of someone’s communication and decide it’s worth considering the substance anyway – right?)

"And it wasn’t just DHS that was fooled.  I don’t know that this has ever been studied, but in my 33 years of following this issue I’ve noticed that there seems to be a hierarchy of credibility for child protective-services workers.  At the very top are doctors, followed by therapists.  Nurses are probably third – but in this case the nurse was up against a doctor, a therapist and, eventually, a second doctor.  After nurses, probably, come other “mandated reporters," especially teachers, then other possible witnesses, then foster parents, if any, and – dead last, unless they’ve really mastered the right attitude - birth parents.

"A similar problem is something I have come to call 'fatal neatness.'  I’ve never encountered a profession more prone to equate cleanliness with godliness than child protective services.  Over and over, in news accounts and documents, I’ve read caseworkers and their bosses explain that they never suspected anything because “the home was so neat and clean.”  Conversely, a dirty home may not automatically cost a poor person her or his child (although sometimes it does), but it’s going to count heavily against them.  The New Jersey Office of Child Advocate has warned caseworkes about this.

"If I understand your point correctly [I'd argued, in a phone conservation, that if neighbors of Charlenni's had called DHS, the agency might've realized the school nurse wasn't alone in her concern], you’re saying that if only some of the neighbors also had called in reports, that might have raised the level of suspicion enough to overcome the parents’ apparent skill at deception.

"Maybe.  But as part of any child-abuse investigation, DHS workers are supposed to contact neighbors and other potential witnesses.  So they should have been reached, in any event.  If that never happened, that may be because the DHS workers simply had too many other cases which, on the surface, looked worse – so they may have taken a shortcut and accepted the doctor’s word as definitive.

"That would support my argument that DHS failures, in cases like this, usually are caused by workers too busy to investigate properly – and part of what makes them too busy is people calling in reports based on their 'feeling' that something is wrong."


Posted by Ronnie Polaneczky @ 6:46 AM  Permalink | 15 comments
Comments   
Posted 07:09 AM, 10/29/2009
Magistra
I think what prompts a lot of people to keep quiet is fear of reprisal by the suspected abusers. Especially if they live in close proximity. When dealing with wack jobs, it can become downright dangerous to cross them. I guess it would help if all callers were to remain anonymous and no open finger pointing. Also, if a teacher spots a problem like too many unexplained absences, precocious sexual behavior and/or language, signs of malnutrition or sleep deprivation, lack of hygiene, and other overt signs of neglect or abuse, and reports it to the proper people like the school counselor and nurse, at least that is an extra witness. In the case of this poor victim, the abusers masked her abuse by hiding her wounds and keeping her clean. That makes their actions all the more calculated and incomprehensibly vicious.
Posted 07:58 AM, 10/29/2009
amsal9766
Mr. Wexler is incorrect about Child Welfare workers being able to contact neighbors and friends of the family for information. Due to confidentiality laws Child Welfare workers cannot discuss detailed information about a family with others.
Posted 08:52 AM, 10/29/2009
lulu
How many different ways can cigarette burns on a child be explained? Why would a school nurse lie about suspected abuse? This child was tortured to death right under the noses of many.
Posted 09:47 AM, 10/29/2009
birdswinbaby
professional double talk....he starts by saying that the assertion that there was nothing more DHS could have done might be true and then ends with "DHS FAILURES, in cases like this..." so the excuses for how a girl could be tortured to death are: the parents had a good attitude, the word of a nurse doesnt matter, DHS is busy, DHS prefers not to hear the concerns of neighbors who can see abuse is happening, and the best of all, they had a clean house.
Posted 10:15 AM, 10/29/2009
Magistra
If as I am reading in other reports, the father was out of town most of the month before the death, the suspicion falls on the stepmother and brothers. She already confessed to using the girl as a punching bag due to her own depression. Who knows (shudder) what her sons did as well to a child not their natural sister. This baby was everyone's rag doll and punching bag and was slowly tortured to death because no one really cared what happened to her. A bunch of psychos.
Posted 10:18 AM, 10/29/2009
nebulus
If you read the statistics then DHS workers did have higher caseloads in 2006 than they did in 2007 or today. DHS workers need to rely on all the professionals involved in a family's life just as they did in this case. What I have a major problem with is the fact, if the press is to be believed, that DHS referred the family to a lawyer and did not take their concerns about the nurses supposed harassment to the principal. Had they had a meeting of all the professionals involved, an MDT and had an opportunity to review ALL the information then the parent's efforts to had the abuse might have been revealed. All of us need to keep in mind that the information we have has been developed over a couple of years. The others in this case did not have the benefit of all this information at the time they were making their decisions.
Posted 11:06 AM, 10/29/2009
CleanupPhilly
People, it's your job not to be conned. It only requires a professional medical assessment of a child to see if abuse is there, and if a nurse has done an assessment, that should trump the social worker who has no medical training. That's so basic in the field and DHS missed it. Nurses can see medically what to look for, and of course social workers get emotionally involved, manipulated, engaged in transference and splitting. This is the social work 101, and DHS fell right into the trap. This is very much like the Kelly case -- you had people claiming that social workers are "too aggressive" and Multicultural Behavioral Health was able to pitch that "more culturally relevant care" that used less follow up and objective assessment was both cheaper and more "respectful" and was able to "keep families together." The role of DHS is not to keep people together at the exclusion of all else. That's how it works with no DHS. Kids die. Foster care is the better option in cases of abuse, but first DHS has to be basically competent enough to catch and document it. That is the WHOLE problem. DHS has not got their basic skills right.
Posted 11:19 AM, 10/29/2009
CleanupPhilly
People like Wexler try to emphasize a trend based on a few studies that conclude that it's good to keep families together. But that's a few studies that don't include a broad, prospective sample, in other words, it's important to keep in mind, but it is hardly generalizable over getting the basics right. The basics are a thorough head to toe assessment, a careful interview and history with every member of the family, and careful, thorough, specific documentation with all details especially diagnostic, telling details included, and in "ambiguous" cases which DHS claims this was, but for pros would not have been, sorry, that documentation and careful work is the foundation. Trendy ideas can't take the place of the basic, time consuming work of assessing a kid and a family. There need to be more nurses and fewer of what passes for a social worker at DHS.
Posted 11:27 AM, 10/29/2009
CleanupPhilly
Ronnie must remember that a nurse's note is legal record. I'm a nurse. What comes out of my pen is part of the legal record that goes to court. When I write "contusions of 15mm to 30mm of various stages of healing present, colored variously red, yellow, with blue edges times 12 over visual area assessed in partially clothed child," that is the legal record that goes to a judge. Social workers can't ignore it or they are legally liable, and hacks like Wexler, sorry, they are running cover for these bad social workers who want to have an easier life, and live by their own rules. This kid lives in a two parent home, so to some social workers, for them there's no abuse that could result in foster care. These social workers ignore data in the legal record with impunity to make what call "judgment calls" that resulted in this kid's death. MORE KIDS WILL DIE if this status quo is allowed to continue. I personally thing a grand jury should be convened to investigate this case, and others like it in DHS. I should not ever have to remind a social worker what they need to look for, but time and time again I had to when I dealt with DHS. It wasn't because they didn't know what to look for, but because they think they can write their own rules of their own game to control their work loads. This is how kids get killed who are under DHS' care.
Posted 11:31 AM, 10/29/2009
CleanupPhilly
It just kills me how bad DHS is, and how it has its apologists who are using the case to claim "nothing can be done differently." Then they go and put in legitimate observations about social work generally. Sure you have fair enough parents in dirty homes and foster care is not warranted. But that is not an excuse to miss these cases. If you are saying "nothing could be done differently" you are a hack and need to get out of the business.
Posted 11:43 AM, 10/29/2009
CleanupPhilly
If I write, as a nurse, "teacher of this child reports sexually inappropriate behavior that is explicit in at least six incidents that resulted in removal from the classroom" then I document specifically what the teacher reported to me that the kid did, and yes, it is likely going to be graphic, so I won't recreate what I've had to write, then that is something the social worker has to deal with even if the house is neat, if it is a two parent household, even if they are middle class -- those are the considerations that any professional social worker puts after the legal medical record that includes a history, an assessment, etc. The social worker made this about personalities and this is what you do when you are trying to get out of dealing having to deal with it. This distinct lack of professionalism is legend at DHS, and there are hundreds of medical professionals in the tri-state area who will testify to that. It will require a grand jury to get at the basic problem in DHS that remains after Danieal Kelly -- DHS is not thorough enough, not rooted well-enough in the science. Like CSI, cases are lost or won on how well the case is investigated, and the investigations at DHS are more often than not very sloppy, and good nurses and docs see them throw out good data that they don't like.
Posted 11:47 AM, 10/29/2009
CleanupPhilly
DHS should be held liable by a grand jury for ignoring the detailed medical reports on this kid. What you'll find with incompetent social service agencies are apologists who'll use trends, a few studies to claim a general blanket policy, race, culture, politics -- there are so many good liberals who are bad social workers -- and any rough but plausible concept to forgive that they didn't read, or chose to ignore a specific, objective, telling, detailed medical assessments of a kid who later suffers the ultimate price.
Posted 11:49 AM, 10/29/2009
nebulus
There are always questions and there always things that could have been done differently. By all involved. Did the school nurse advise the principal of of the responses she was getting form DHS? Did the principal call the social worker's superiors? Did the nurse (or principal) call the child abuse hot line if/when DHS rejected the nurse's call? Did anybody complain to DHS or DPW about the DHS social worker revealing the name of the reporter? Did the physicians involved bother to get or review the records from previous physicians involved? By the way, I was not aware that a nurse's assessment trumps a physician's assessment. Also, it would be interesting to see just what"notes" the school nurse made in this case. We are all offering opinions on this case without benefit of all the facts and only relying on what the press reports - Cleanup, you and I both know how good the press is in this city. As for wexler, he serves a valuable purpose, one that the press could be doing. He demands that we all pay atttention to what is happening with children. If his research, however limited you may think it is, forces some scrutiny of what is happening then kudos to him. If DHS can improve their practice and reduce the rate of foster care placement then the children in Philly may be better off. And tax payers may be paying less.
Posted 02:21 PM, 10/29/2009
Magistra
Wow, I am impressed with the cogent comments so far from people obviously intimately involved with the issues. There is definitely a chain of responsibility for reporting and following up on claims of sexual or physical abuse. As a teacher years ago, when mandatory reporting did not exist, we were not encouraged to make waves when we saw children with obvious signs of abuse or even less obvious ones. I remember once showing the principal welts on the legs of a second grade girl that her father had inflicted with a belt....making sure the marks would be as high on her thighs as possible and out of sight. The principal noted that she was otherwise well cared for and did not see this as an issue to be reported to any child protection agency. Any teacher who persisted in complaining could find herself on the carpet. Less obvious was a second grade boy who used inappropriately cruel language to other children. I remember telling the counselor at a meeting with his mother that I believed he was either the victim of emotional abuse or a witness to it. The mother's jaw visibly dropped. A year later she admitted to me that her husband was verbally and sometime physically abusive to her in front of the children and that they were now separated. That boy was advertising the family's problems in the only way he knew, by mimicking. I believe we should encourage the funding of more home and school liasons, more attendance officers properly trained to look for things, and as with the nurse's reports, all documents to that effect among school personnel, are considered legal documents. I agree with CP that a grand jury investigation is in order.
Posted 09:55 AM, 10/30/2009
mamax5
I am ashamed sometimes to say I was born and raised in Philadelphia. I now have custody of a child from a woman in Philly. She has 3 other children by 2 other men. She lost them from time to time as well for neglect and abuse. Now most recently she has been allowed to adopt an innocent little girl. Thats whats wrong with the system in Philly. How can you allow a woman who has already lost her children to the system, has no job, be able to adopt another victim?? You people need to check this out. Her address is 7208 Charles St. Her oldest son doesn't live with her because she was deamed unfit. She got the 3 younger ones back and now lives off of them with the system. Although she has no job, has a live in boyfriend and has had DHS involved in her family she is still allowed to adopt a child and collect from the system on this one. Tax payers should be appalled at having to provide a living for this woman and her live in boyfriend. Due to ongoing abuse her visits with her oldest son where reduced. Open your eyes people and protect the children.
15 comments
About Ronnie Polaneczky
When my phone rings here at the Daily News, nine times out of ten the caller begins the conversation with,. “Yeah, so what happened was…”

Because this is Philly, the caller doesn’t say, “My name is Bob, or Mary, and I wonder if I could have a moment of your time?” Philadelphians are far too direct for that. They just say “Yeah, so what happened was…,” and then tumble into a tale they’re desperate to tell a perfect stranger (me) in the hope it will be told to a wider audience. I love getting these calls (even the ones where it becomes clear, after 30 seconds, precisely where the caller sowed the seeds of his own misery), because they give me chance to connect with my fellow citizens in a way that no other job would allow. Well, okay, no other job that I’m remotely qualified for.

That’s why my blog is titled “So What Happened Was…”, which, to me, has become the quintessentially Philly way of saying, “Once upon a time.” When I hear it, I know a good story is coming. And I can’t wait to see how it turns out.


Ronnie Polaneczky has been an award-winning columnist for The Philadelphia Daily News since 1999, offering a front-steps perspective on every aspect of city life, from the sublime to the stupid. In her past life, she was the editor-in-chief of Atlantic City Magazine, associate editor at Philadelphia Magazine and a fulltime freelancer published in Ladies Home Journal, Good Housekeeping, Redbook, Reader's Digest, Men's Health, MarieClaire and others. She lives with her husband, daughter, two dogs and two cats in the city's Fairmount section, where she dreams at night of one day singing The National Anthem at an Eagles game. In addition to her column and blog, you can enjoy Ronnie's musings in podcast form here.


Read more from Ronnie Polaneczky at Earth to Philly, the Daily News blog on anything and everything "Green