Advocates are asking lawmakers to consider reforms to Vermont’s child protection system, criticizing what they say is a “dangerous” culture at the Department for Children and Families that leads to children being removed from their families without due process.
In testimony to the Joint Legislative Child Protection Oversight Committee Thursday, Larry Crist, who heads the Vermont Parent Representation Center, called to strengthen the public defender system so parents have adequate representation when accused of abuse.
“Vermont’s current system of providing defense counsel to parents, and to a lesser extent for children, is beyond abysmal,” Crist said. “It is terrible.”
Public defenders often handle hundreds of cases, he said, so they don’t have time to build a proper defense for parents or guardians. Because of the weak system of support, parents too often end up giving up custody of their children, even when DCF doesn’t have adequate evidence to prove that abuse occurred, he said.
“As a result the entire system has become sloppy,” Crist said. “DCF writes sloppy affidavits and no one challenges them.”
DCF has been facing heightened scrutiny recently. A report published in September found that in 2018, 1,182 cases of child abuse and neglect were substantiated — the highest number of cases since 2014. In August, a woman filed a lawsuit against the DCF alleging it took away her three children without proper evidence.
Meanwhile, the department may soon face a federal fine of up to $200,000 for failing to adequately improve aspects of the child protection system, according to state officials.
Bill Young, who headed the Department of Social and Rehabilitative Services, DCF’s predecessor, called for the Legislature to conduct an independent review of the child protection system to assess what weaknesses are allowing cases to be brought against parents without proper evidence.
“Parents are too often seen as the enemy before an investigation is completed,” Young said to the legislative panel.
Young said he was disturbed by findings in a report by the Vermont Parent Representation Center, published last year. Through analyzing state data and cases, it argued that the state removes children from homes without proper evidence instead of supporting families in need.
In response to criticism, DCF Deputy Commissioner Christine Johnson testified that the Family Services Division has been improving the child protection system. Since the addition of 14 new staff members, funded by a $1.7 million budget increase, Johnson said her staff are starting to feel like their case burdens are more manageable.
DCF is expecting to hear soon about whether the state will fined by the federal government for failing to remedy three problems with the child protection system that were identified in 2015, Brenda Gooley, operations director for DCF’s Family Services Division, told the committee.
The state, working with the federal Children’s Bureau, put together a plan to improve the Family Services Division, which included nine areas DCF needed to remedy.
In recent reviews, the state passed six of the nine criteria, but failed on three items.
According to the review, DCF did not adequately document risk and safety assessments in case files. The department also failed to place children in stable living situations in a timely fashion, and did not meet standards for regular caseworker visits with parents.
For each item that did not pass, Gooley said, the state may have to pay a fine. She said she has not been told by the bureau how much the fine will be — she said she heard it could be up to $200,000 — but that the DCF will receive a letter with more details about the fine soon.
Rep. Ann Pugh, D-South Burlington, who chairs the oversight panel, said the concerns that were brought up were “distressing.” She said the Legislature has more work to do to address the gaps that currently exist in DCF, but was vague about whether she is planning to act on the advocates’ suggestions.
“All of us can do a better job,” Pugh said.
