INDIANA: CASEWORKERS' DILEMMA

More caseworkers won't solve problems with system

Gov. Mitch Daniels and Department of Child Services Director James Payne should thank the jury that acquitted former state employee Denise Moore of felony neglect. A guilty verdict would have made reform of Indiana's child protection system nearly impossible. The last thing Indiana needs is caseworkers so terrified of doing the wrong thing that they become paralyzed. We've got too many of them already, which is why children drift through foster care for years, neither returning to their biological families nor being placed into loving adoptive homes. A system hoping to reform itself cannot succeed with employees who are risk-averse.

Moore was the caseworker for twins Anthony and Latoya Bars of Indianapolis. Anthony died in 2002 and Latoya suffered developmental delays after being beaten and denied food and water by their adoptive parents, Latricia and L.B. Bars. A jury found Moore guilty Saturday of lying to the judge who approved the adoptions but acquitted her of two more serious neglect counts stemming from her acts as a caseworker in the Marion County Office of Families and Children. Prosecutors blamed Moore for the tragic outcomes because she failed to conduct background checks prior to the adoption. Such checks would have uncovered three incidents of abuse and Mr. Bars' 1987 battery conviction for beating his biological daughter with an extension cord. Moore clearly didn't do her job right. According to court records, she cut corners, lied and failed to follow procedures. But a guilty verdict could have stopped reform in its tracks. Why? The child protection system requires the best of caseworkers — acting as the state — to take risks every step along the way.

When a caseworker removes a child from his home, he takes a chance the child will be emotionally scarred and family bonds damaged irrevocably. Yet this is the risk caseworkers are most apt to take because it's safer — and easier — than trying to keep a troubled family intact. Removal is the best option when a child is in imminent physical danger. But experts say one-third to half of the children in the system are removed for reasons of family economics, such as unsuitable housing or lack of day care while the mother works. When a child is put in foster care, the state is gambling that he will thrive, or at least be better off than in his biological family. The Institute for Evidence-based Social Work looked at numerous studies to see if foster care helped abused children overcome academic deficits and found “overwhelming transnational evidence that youth who are leaving foster care remain seriously behind the norms.” Foster care itself is no guarantee of safety as the rate of abuse in foster care is higher than in the general population. Every adoption is a risk, for both parties. Studies are conclusive that a loving adoptive family is the next best thing to a healthy, biological family for children. But, after years of emotional or physical suffering, some children can't adapt. Or, as in the case of the Barses, some adoptive parents are bad people who become abusers.

Returning a child to his biological home is a risk. Even after extensive treatment, some families can't break abusive patterns. Aggravating that risk for caseworkers is the fear of negative news headlines should a child be killed. Hiring 800 new caseworkers, as Gov. Daniels proposed Jan. 12, will not eliminate risks, and it could backfire if it adds capacity to a system whose preferred response is to avoid the toughest calls, like family preservation or adoption.
“If you simply throw more caseworkers into a system whose guiding principle is 'take the child and run,' then instead of lowering caseloads you will simply widen the net of needless coercive intervention, leaving you with the same lousy system only bigger,” says Richard Wexler, executive director of the National Coalition for Child Protection Reform in Alexandria, Va.

Indiana removed 6,179 children in 2003, up 28 percent from 1999. In comparison to other states engaged in child welfare reform, the numbers are going in the wrong direction. Indiana needs to build a new child protection system based on successful models of prevention, family preservation and, in rare cases, removal and adoption. It will be risky and caseworkers will make mistakes. The alternative is the low-risk, low-success system we've got now. And as the trial of Denise Moore made clear, that's risky, too.

Andrea Neal
26 January 2005

http://www.indystar.com/articles/2/212302-6072-024.html


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