Beneath faults of foster care in New Jersey,

A grim burden

In the thousands of pages of foster care records that a federal judge has forced New Jersey officials to make public in recent months, the state's failures to protect children are widespread, recurring and dramatic. The documents are a record of botched abuse investigations and the often utter lack of oversight of troubled households.

But at a more basic level, the documents, 2,900 pages of which were released yesterday, provide an unrelenting, unvarnished look at the often gruesome capacity of adults to harm children. And in that, even if they hardly offer evidence to excuse the state, they do make clear the size of the threat and the dimensions of the challenges in protecting children from all and any kinds of danger.

For in the documents, even when the public may be inured to disturbing newspaper headlines, the range of the established harm done to children is breathtaking. Particularly troubling to those who studied the system is that in many of the cases released yesterday, caseworkers failed to recognize what advocates and others say were obvious signs of abuse.

In one case, the records show, two foster children were punished by having pepper and dish detergent placed on their tongues, which caused them to vomit.

In another, the files show, two foster children were punished by repeatedly being forced to stand on one leg, their arms extended, for minutes on end.

And in a third case, a foster mother made her two charges sleep outside on an unheated porch during the winter, documents show. The state also found that she sometimes used a small wooden baseball bat to hit the children, sending one to the emergency room for treatment.

“There are just people who prey on vulnerable people,” said Cecilia Zalkind, executive director of the Association for Children of New Jersey, an advocacy group based in Newark. “I think that has happened in some of these cases. You're talking about a system that serves vulnerable people and has no oversight.”

Such abuse is certainly not unique to children in New Jersey. According to federal figures, about 900,000 children suffer maltreatment each year, and roughly 1,100 children die annually because of abuse and neglect. That people can commit the unthinkable, then, is well established.

However, the thousands of pages that New Jersey has released — which include cases from across the state that were collected in the past several years — depict a world of near-limitless invention in ways to harm children. The files, in page after page of clinical, almost neutral language, make the unimaginable seem commonplace.

In the case of the children who had detergent and pepper placed on their tongues, workers with the State Division of Youth and Family Services also found that the children's foster mother beat them with a belt and forced them to stand in a corner for long periods as a method of punishment. The victims were two girls who were 5 and 6 years old.

Other files described the deplorable living conditions of some foster homes. Workers found that a 6-year-old was so neglected in one home that he picked through the garbage at school looking for food. His foster mother beat him with a belt and refused to take him to the hospital after he suffered first- and second-degree burns in a kitchen accident.

In another incident, caseworkers discovered a foster home that reeked of urine and was so littered with garbage bags and newspapers that they had to hold on to a wall for balance. After one visit, a caseworker wrote to a colleague, “We have to move these babies.”

The documents released yesterday were designated in a court order issued by United States Magistrate Judge John Hughes. In March, Judge Hughes ordered New Jersey officials to make the documents public in response to a court action brought by The New York Times.

The files were previously in the possession of Children's Rights Inc., a Manhattan-based advocacy group that sued New Jersey over its foster care system and had been given the confidential records as part of court proceedings.

From April to June, three sets of state records were released by the judge's order. On June 24, Gov. James E. McGreevey announced a wide-reaching settlement with Children's Rights that, among other measures, called for the creation of an independent Child Welfare Panel to help overhaul the state's foster care system.

Yesterday, Children's Rights officials said they hoped that the files that were made public would be used as a tool in the state's effort to change the way it cares for foster children.

“It's always shocking to read the case file details, as recorded by the agency, of abuse of children,” said Eric Thompson, a lawyer with Children's Rights. “This should be a further wake-up call to the state.”

Mr. Thompson was particularly troubled because in many of the cases released yesterday, caseworkers had ruled that allegations of abuse were unsubstantiated. “It's essential that trained professionals be able to recognize the red flags of abuse and neglect in order to protect these children,” he said.

A spokesman for the State Division of Youth and Family Services, Joe Delmar, said the agency was determined to improve its performance.

Mr. Delmar said the agency was reviewing its licensing requirements for caregivers, conducting safety reviews of foster children and increasing its monitoring of foster home and other programs by taking steps like having more unannounced visits.

“We will continue to move forward with our transformation plan with support and guidance from the Child Welfare Panel,” Mr. Delmar said.

By Richard Lezin Jones
13 August 2003

http://www.nytimes.com/2003/08/12/nyregion/12CHIL.html?ex=1061265600&en=
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