At what point do temporary shelters become long-term?

The Ohio foster care system has recently been under a great deal of scrutiny, and has been receiving national attention. Experts from various states are eager to propose strategies for improvement.

With all the challenges currently faced by the California foster care system, it’s interesting that California-based advocacy groups are finding the time to advise Ohio.

San Diego County detective Victoria Reden conducted a week-long review of three-year-old Marcus’ death. Reden was paid $3,178 plus travel expenses for her study and recommendations.

One of Reden’s recommendations for Ohio was the establishment of a 20-bed receiving center to house abused children temporarily, until they can be matched with foster parents. She referred to the Polinsky Children’s Center, as a California example.

Commissioner Mike Fox and chairman of the Butler County task force Dan Hare say that they are willing to explore that possibility.

But Carole Shauffer, executive director of the San Francisco-based Youth Law Center, recently warned them that while receiving shelters might sound good on the surface, in practice, “They wind up being a warehouse for kids that are difficult to place for some reason.”

Too often, temporary shelters facilities designed to house a small number of children for 30 days or less wind up becoming overcrowded, long-term way-stations.

Child Haven in Clark County is one tragic example. This Nevada facility was designed to hold 84 children and 20 infants. Yet, in June of this year, Child Haven held 205 children; 105 of whom were age 4 and under. Due to overcrowding, many young people were forced to sleep on the gym floor.

Length of stay can also become an issue. The Department of Family Service's policy was that children shouldn't stay at Child Haven longer than two weeks. However, upon investigation, it was revealed that children were remaining in Child Haven much longer. The average stay there was 45 days. One child had been at Child Haven for over two years.

Similar problems have occurred in California. My Nov. 14th blog entry details how LA County’s MacLauren Children’s Center became a dumping ground for emotionally disturbed children and how, since the closing of that center, foster children from toddlers to teens are often been housed overnight in caseworkers waiting rooms.

Sources:
Brooks, Candice. Plans to create temporary housing for abused children draws fire; Critics say ‘receiving shelters’ turn into orphanages that are mentally and socially detrimental to kids. Dayton Daily News, Nov. 22, 2006, p A10.
Kihara, David. Infant dies at Child Haven: Death latest in series of woes for system. Las Vegas Review Journal, August 16, 2006.
Kihara, David. Overcrowding: Child welfare groups warn of lawsuits Youth Law Center demands reforms. Las Vegas Review Journal, August 19, 2006.
McLaughlin, Sheila. Foster care reforms advised; Butler Co. gets list of how it can improve services. Cincinnati, Enquirer, Nov. 23, 2006, Metro pg. C1.

Update on Clark County

Children's Coalition: Everlyse Cabrera Disappearance

Children's Coalition: Bail Set at $250K for Foster Mother Melanie Ochs

Children's Coalition: Bail Set at $250K for Foster Mother Melanie Ochs

Where will the children go?

What is happening in Clark County is an atrocity, and deserves to be national news. Too often, high profile cases get attention - but not thorough attention.

The situation needs more than a superficial “quick fix.” It needs thoughtful and thorough examination, with an eye toward long-term reform.

This situation was not created overnight, but pressure is coming in from all directions to fix it "as soon as possible."

The focus on deadlines appears to be greater than the focus on effectiveness. What about fixing it as thoroughly as possible?

There seems to be a lack of overall vision. Reforms suggested are either like putting a band-aid on a gaping wound or like removing a faulty safety net without first putting another safety net in place.

Here are the questions that I have:

1.) Closing Child Haven: Okay. Where will the children go?

2.) Returning children quickly to their families: Didn't slowness to remove children from abusive situations (and eagerness to return them home as soon as possible) contribute to the high rate of child deaths in the first place?

Why didn't anyone listen three years ago?

In May 2003, a former foster parent named Glenn Campbell suggested that since Nevada's foster parent shortage had persisted for years, it might be time to accept this condition as permanent.

I think his comments ring true (even prophetic) to the situation today:
"The apparent "foster care crisis" is not what it seems. It isn’t a simple case of not having enough foster families. Organizational inefficiency may be overburdening the system. The various institutional options for placement have been neglected, while the recruiting of foster parents has been indiscriminate.

"Poorly screened and undersupervised foster families may ultimately cost more, both in monetary terms and in damage to the children, than no foster parents at all."

"If Clark County has had a shortage of foster families for years, then maybe it is time to face reality: This is how it is going to be.

"Maybe other states have an endless supply of high-quality foster care, but not us. The solutions that work for the rest of the country, like emphasizing foster care above all else, aren't necessarily our solutions.

"Although Nevada's laws and federal requirements are similar to those of other states, our culture is different. Las Vegas has a unique demographic profile of both child abuse offender and child victim.

"It has a certain community of potential volunteers — always smaller than the rest of the country’s — who are motivated by some appeals and not motivated by others. It also has a unique economy with a certain kind of philanthropic donor. DFS has been treating Las Vegas as though it was "Anytown USA," and I think that this viewpoint, in part, is why it has a foster crisis year after year.

"We have more than just files and paperwork at stake. If the child welfare system is not working as efficiently as possible with the resources it has, then children will continue to be unnecessarily abused by the system that is supposed to protect them."

No one was or is listening

Now, in September 2006, Darryl Martin, assistant county manager reports, "Right now, our greatest need is for additional foster families," said Darryl Martin, assistant county manager. "We need at least 400 to 500 new foster families. Our goal is not to have to have children at Child Haven."

The Children's Attorney Project's immediate goal is to find homes for the 55 infants and toddlers who currently reside at Child Haven, a community shelter.

I fully support that. Child Haven is unlicensed and ill-equipped to handle the teens and children in their care. There are no mental health services being provided. Due to overcrowding conditions, some children are forced to sleep on the gymnasium floor.

I wonder what will happen to the other children and teenagers who are currently housed at Child Haven?

Too bad that no one took Glenn Campbell's advice and started planning and implementing more more helpful and behaviorally-based group homes and institutions three years ago.

By what miracle is Clark County going to find foster homes for all of them? My guess is that recent news might discourage, rather than encourage foster parenting.

Take a look at some of the children in southern Nevada who need adoptive homes:
http://www.klas-tv.com/Global/category.asp?C=43104

But, take heart at the power of their courage and survival:
19-year-old Jessicca Hoffmann lived in Child Haven with her brother and sister. She frequently volunteered to care for infants and toddlers in the infant room. Now, she publicly shares her experiences in Child Haven, in an effort to speak out for the children residing there now.

Sources:
Blaize, Ashanti. Child Haven Faces More Legal Action. KLAS-TV News, Sep 7, 2006
Campbell, Glenn. Clark County Foster Care: Crisis and Solutions. May 31, 2005. PO Box 30303 Las Vegas, NV 89173. http://www.familycourtchronicles.com/report
Legal group to represent 58 children in Clark County care, Las Vegas Sun, September 07, 2006.

Lawsuit against Clark County and the state of Nevada

"Clark County's child welfare system is in crisis. Virtually every aspect of the county's child protective services and foster care system is failing the children and youth it is charged with protecting."

Above is a direct quote from civil rights class action lawsuit brought by ten children on behalf of all abused and neglected children who either live in or risk entering the Clark County foster care system.

As of the date of this lawsuit, over 3600 children are in the legal custody of Clark County. These children currently reside in foster homes, group homes, kinship care placements (both licensed and unlicensed), shelters and institutions.

The purpose of the lawsuit is to compel Nevada and Clark County officials to meet their legal duties under federal and state law.

This lawsuit alleges that:

1.) Child Haven is unlicensed. There are no mental health services available. Due to to overcrowding, some children are sleeping on the gymnasium floor. Conditions have contributed to infectious disease.

2.) Social workers receive inadequate training and supervision. Many social workers' caseloads exceed those established by national standards. Child abuse reports filed by these social workers repeatedly fail to comply with state law and professional standards.

3.) Needs of youth are mismatched with foster parents' experiences and ability. Placements have been based solely on whether or not a "bed" was available. Because of this, placements often break down, and children experience frequent moves (foster homes, group homes, institutions).

4.) Poor communication with foster parents: Clark County DFS fails to provide foster parents with basic background information and supportive services needed by children that are placed in their home. Foster parents who advocate for the child in their home by requesting dental/medical/mental health services, have been retaliated against by Clark County DFS.

5.) Failure to monitor foster placements: Caseworkers fail to visit children in their foster placements, and therefore are not monitoring children's safety, risk factors, quality of care or access to services.

6.) Allowing children to remain in dangerous homes: Clark County DFS reportedly turns a deaf ear to complaints of abuse and neglect in foster homes.

Clark County DFS is responsible to screen, license, support and supervise foster homes. They are failing at this task. Because of this, foster parents are out there who should never have been licensed in the first place, or whose licenses should have been revoked.

7.) No voice for foster children in court: Clark County ignores the state and federal mandate to provide foster youth with a voice (CASA / guardian ad litem) during court proceedings.

Defendents in this lawsuit:
- Kenny C. Guinn, the Governor of Nevada
- Michael Willden, Director of Nevada DHHS
- Fernando Serrana, Administrator of State DCFS
- Paula A. Hawkins, Bureau Chief, Bureau of Services for Child Care
- The seven members of Clark County's Board of Commissioners
- Clark County (is accountable legally because its population is over 10,000)
- Virginia Valentine, Clark County Manager
- Clark County DFS
- Tom Morton, the Director of Clark County DFS
- Louis Palma, Manager of Shelter Care (oversight of all shelter facilities in Clark County)

Class action lawsuit against the state of Nevada

Nevada receives millions of dollars from the federal government to provide for foster care. Yet, an increasing number of children are dying in Clark County, Nevada.

The National Center for Youth Law is not asking for money.
They are asking for reform.

Today, they filed a class action lawsuit against:
-Nevada Governor Kennth Guinn
-Nevada Health and Human Services Director Michael Willden
-Clark County Official.

The charge is failing to protect the health and safety of the children in Clark County's child welfare system. This Nevada county is responsible for the welfare of over 3,600 children.

Among the charges against Clark County:
-Violating federal law that requires full disclosure of information about child abuse victims who have died or suffered near fatalities. Rather than doing so, staff have hidden behind a cloud of "confidentiality."

-Federal, state and county reports have documented the county's failure to protect child abuse victims and children in foster care. Children are dying, due to unsafe foster placements and by being left with their parents after substantiated reports of abuse.

Systemic problems with the Clark County child welfare system:

1.) Overcrowding in Child Haven: Infants and young children being placed with older children who have behavioral problems. Youth forced to sleep in the gym / on the floor.

2.) Inadequate investigations of child abuse: Not removing a child when the abuse charges are substantiated. Leaving children in life-threatening situations.

3.) Inadequate caseworker training: Combined with high caseloads, this is a recipe for disaster.

4.) Lack of representation for children in dependency court hearings: No one to speak for the children, who cannot speak for themselves.

5.) Failure to provide appropriate educational services to foster children.

Shortcuts have been taken, and children's deaths have been the result:
-Cases have been closed, although problems in the family and risks to the child's safety have not been resolved.
-DCF records do not contain coroner or law enforcemen reports.
-Caseworkers have been substituting a monthly phone call for home visits.
-Children have been returned to parents who have failed to complete substance abuse treatments.
-No follow-up with siblings, to ensure their safety, after a child has died.

Mandatory safery assessment forms were:
-Often incorrect
-Often incomplete
-Dated long after the date of the abuse

I applaud Bill Grimm, lead counsel in the case against Clark County, when he says, "The suffering of these children has gone on long enough. For years, state and county officials have known of the serious deficiencies ... and yet the situation keeps getting worse. The lives of thousands of children are literally hanging in the balance."

Sources:
McCarty, Colleen McCarty. Lawsuit filed against Nevada over child welfare. KLAS-TV,Aug 30, 2006.
Schroth, Tracy. National Center for Youth Law files lawsuit in Nevada to improve child welfare system. Press release from National Center for Youth Law, Aug. 30, 2006.

Concern about Las Vegas Foster Care

In my previous blog, I outlined several problems with the Clark County foster care system. If you haven't read it, please do so because it is the context for this posting:

Children cannot pick their parents. They have little to no control when it comes to their foster placements. Sometimes, in foster care, children are raped. Sometimes severely abused. Rape and abuse scar deeply, but I know from experience that healing is possible.

Sometimes, in foster care or with their parents, children die. This is happening far too often with the Clark County foster care system. It is unacceptable.

Children often have no voice. As adults, we can be a voice for youth who cannot speak for themselves. This is both a supreme privilege and a weighty responsibility.

Children who are being abused feel alone. Think back to the worst thing that ever happened to you. Did you feel alone? Isolated in your experience?

Something must be done about this situation:
1.) I have contacted other foster alumni to ask for their insights.

2.) I have contacted Carole Schauffer, the Executive Director of the Youth Law Center.

3.) I have contacted Clark County Children's Services Director, Tom Morton.

It's not enough:
Please share your ideas and insights.
What can we do to improve this situation?

Viva Las Vegas Foster Care

Between 2001 and 2004, two children died every month while in the custody of Clark County Child Protective Services.

County officials remained mostly silent on the deaths, citing state laws that restrict information about the children from being released or referring to ongoing police investigations into the deaths.

Meanwhile, the number of children dying from abuse and neglect in Clark County nearly tripled during the first six months of this year.

Among the deaths:
-3 year old Crystal Figueroa, whose fragile, broken body was found in a dumpster.
- 2-year-old Adacelli Snyder died in 2005 because of malnutrition due to neglect. She had cerebral palsy. Her body was found in a trailer park. CPS had closed its case on Snyder's family about a year before she died.
-A 7-month-old boy who sustained a head injury while living with a foster parent.

The Child Death Review panel has been investigating 79 cases of foster children who died in Clark County between 2001-2001. Their task was to examine the worst-case-scenarios and try to determine whether or not those deaths could have been prevented.

Panel member Susan Gerhardt said, "We all agree there are serious problems. The system is broken at this point."

Problems cited include:
1.) Poor case management: At a hearing in April 2006, Clark County Children's Services employees stood up and admitted to ignoring forms and processes that would have protected the children.

2.) Lack of incident followup: In one case, it took a social worker more than 500 days to check on the welfare and safety of siblings in a home where a child had died.

2.) Bad record-keeping: The panel found incomplete records of visits to familes and poor communication between agencies put in charge of children.

3.) Overcrowded shelters:
-In June 2006, Child Haven had 205 children, 105 of them age 4 or under, despite the fact that the facility is designed to hold only 84 children and 20 infants.
-In August 2006, as of this week, Child Haven has 146 children and 40 infants.

4.) Length of stay (in shelters) is also an issue: The Department of Family Service's policy is that children shouldn't stay at Child Haven longer than two weeks, but the average stay there is 45 days.

Upon investigation, it was revealed that children were remaining in Child Haven for three to six months, and in some instances a year or longer. One child had been in Child Haven for over two years.

5.) Critical lack of foster homes: More than 2,000 in Clark County, Nevada, are in out-of-home placement because they are not safe at home. Meanwhile, there are only about 900 licensed foster homes in Clark County.

According to Thomas Morton, the new director of DFS, potential foster parents need to understand that 80 to 90-percent of the children living in Child Haven will eventually be reunited with their parents. Apparently, Clark County does not actively promote the foster-to-adopt approach.

6.) Lack of communication: Police did not always report the deaths, and in at least 12 cases, the district attorney did not investigate.

According to Assistant District Attorney Robert Tutin, "If your mandate is to ensure the safety of children and there are not other children in the home, it is not going to be a priority." Tutlin claimed that caseloads were so high that district attorneys had to focus on other cases.

Darryl Martin, Assistant County Manager for Clark County, disagrees, "That is a bad practice. That is an old practice and it has been going on for years." He is working on mandating that officials investigate and report child deaths from now on.

In at least one of the 12 cases that weren't investigated, a parent went on to kill another child.

7.) Overall lack of accountability: The panel recommended a complete overhaul of the Clark County family and child welfare system.

Clark County Children's Services recently hired a new directory, Tom Morton. During his first 15 days on the job, a child was left in a hot van alone by a child haven worker.

The deaths continue:
Meanwhile, 15-month-old Joshua Sharp died at Child Haven last week. He was found unconscious and could not be revived before being pronounced dead at a hospital. This was the second fatality at Child Haven this year.

Impending lawsuit?
Carole Shauffer, executive director for the Youth Law Center, a nonprofit law office in San Francisco that works with abused and at-risk children, is considering filing a lawsuit against the state and county if the issues are not resolved.

The Youth Law Center, along with the American Civil Liberties Union of Nevada, has given Clark County a series of deadlines to reform the child welfare system in Southern Nevada.

These groups threaten a lawsuit if the deadlines and reforms are not made.

Their goals are:
- To disallow placement of children younger than 6 at Child Haven
- To stop police from removing children in emergency situations without social worker involvement
- To step up efforts to keep children and families together

I wonder:
- Why not open the door for foster parents to foster-to-adopt?
- Will postponing child removal cause more or less child deaths?
- Should families like Crystal Figueroa's be kept together?

However, I wholeheartedly agree with Carol Schauffer that, "The basic policies of the child welfare system are not supportive of the developmental needs of the children."

Sources:
Blaze, Ashanti. Another baby dies in Las Vegas foster care. KLASTV Eyewitness News, August 4, 2006.
Foster family recruitment in Clark County. KLASTV Eyewitness News, July 25, 2006.
Guzman, Martha. Number of child deaths up this year. KLASTV Eyewitness News, April 5, 2006.
Kihara, David. Infant dies at Child Haven: Death latest in series of woes for system. Las Vegas Review Journal, August 16, 2006.
Kihara, David. Overcrowding: Child welfare groups warn of lawsuits Youth Law Center demands reforms. Las Vegas Review Journal, August 19, 2006.
Kihara, David. State warned about foster system: Conditions have worsened, federal officals say. Las Vegas Review Journal, August 17, 2006.
McCarthy, Alyson. Panel looks for answers into county child deaths. KLASTV Eyewitness News, July 6, 2006.
McCarty, Coleen. Commissioners react to child deaths in Clark county. KLASTV Eyewitness News, June 6, 2006.
Morrison, Jane Ann. A grandmother's gumption helped crack the case of a cowardly act . Las Vegas Review Journal, Feb. 25, 2006.
Official concerned about Clark County foster care. KVVU, Fox 5 News, August 17, 2006.
Plaskon, Ky. Incomplete child death records: Whose blame? KLASTV Eyewitness News, April 21, 2006.