When Governor-elect Craig Benson takes office in January, he'll face some critical decisions about the state's children protection system. Advocates say the Division of Children youth and families or DCYF desperately needs more caseworkers to help abused children. But the administration says it needs to fix management problems in the division before hiring anybody. Meanwhile the plaintiffs in a federal lawsuit on behalf of abused children are expected to go back to court soon. NHPR's Trish Anderton reports.
AT LEAST THREE DIFFERENT WATCHDOG GROUPS HAVE STUDIED DCYF IN RECENT YEARS. THE STATE'S LEGISLATIVE BUDGET OR LBA AUDITED THE FOSTER CARE SYSTEM LAST YEAR; VARIOUS LEGISLATIVE COMMITTEES HAVE STUDIED CHILD PROTECTION ISSUES, AND A FEDERAL COURT PANEL HAS ISSUED YEARLY REPORTS. ELLEN SHEMITZ OF THE CHILDREN'S ALLIANCE OF NEW HAMPSHIRE SAYS ALL THE FINDINGS POINT IN THE SAME DIRECTION.
What a broad coalition of folks have found over time is that theres no dispute the system is broken. Theres consensus whether you look at the lba audit, the court overview panel, or legislative commissions.
IN 1997 THE STATE SETTLED A CLASS ACTION LAWSUIT KNOWN AS ERIC L. IT AGREED MAKE SEVERAL IMPROVEMENTS, FROM BETTER TRAINING CHILD PROTECTION WORKERS TO KEEPING A CLOSER WATCH ON CHILDREN IN THE FOSTER CARE SYSTEM. THE PANEL APPOINTED TO MONITOR THOSE IMPROVEMENTS FOUND LAST YEAR THAT THE STATE HAD MADE SOME PROGRESS.
BUT IT CONCLUDED DCYF NEEDS TO HIRE MORE WORKERS.
KEITH HERMAN IS A MEMBER OF THE INCOMING GOVERNOR'S TRANSITION TEAM. HE'S SKEPTICAL ABOUT THAT APPROACH.
002 220 I think there are areas the state has not lived up to details of the agreemt. But I'm not convinced providing more bodies will solve the problems the oversight panel suggested exist. It's a management problem combined with personnel issue.
ONE KEY LAWMAKER IS ALSO CAUTIOUS ABOUT HIRING. NEAL KURK IS A REPUBLICAN FROM WEARE. HE CHAIRS THE POWERFUL HOUSE FINANCE COMMITTEE.
We need front line workers. But its also clear management needs some restructuring. And it seems to me until we know what the management will look like its hard to know how many frontline employees you need.
BUT JACK LIGHTFOOT OF THE NONPROFIT CHILDREN AND FAMILY SERVICES SAYS THAT'S BACKWARDS. WITHOUT ENOUGH WORKERS, HE SAYS, ANY MANAGEMENT REFORM IS DOOMED TO FAILURE.
17 05 you won't be giving any new managers or new system a chance to succeed because they'll be patching leaks, dealing with day to day crises, and that's not fair.
THAT PHILOSOPHICAL DISAGREEMENT COMES AT A DIFFICULT TIME.
FOR ONE THING, SEVERAL MEMBERS OF THE LEGISLATURE WHO'VE BEEN KEY PLAYERS ON THE ISSUE ARE LEAVING.
PAT DOWLING IS A REPUBLICAN FROM DERRY.
SHE CHAIRS THE CHILDREN AND FAMILY LAW COMMITTEE IN THE HOUSE.
SHE WON'T BE COMING BACK TO CONCORD. NEITHER WILL HER COUNTERPART IN THE SENATE, DEMOCRAT KATIE WHEELER OF DURHAM. REPUBLICAN SENATOR NED GORDON OF BRISTOL, WHO CHAIRED A SPECIAL COMMITTEE ON DCYF, ALSO CHOSE NOT TO RUN THIS YEAR.
PAT DOWLING SAYS LAWMAKERS WILL HAVE SOME CATCHING-UP TO DO.
23 300 the leg will probably have more new people than I've ever seen before. So you have someone coming in that just has to learn the process of the leg, never mind the many topics. Do I think they understand? No. can they understand? Yes.
THERE WILL ALSO BE CONSIDERABLE PRESSURE TO KEEP SPENDING DOWN. GOVERNOR-ELECT BENSON HAS PROMISED TO LIMIT THE GROWTH IN THE STATE BUDGET TO 3 PERCENT OVER THE NEXT TWO YEARS. THAT DOESN'T LEAVE A LOT OF ROOM FOR NEW HIRES.
FINANCE CHAIR NEAL KURK SAYS THE STATE MAY HAVE TO CUT BACK ON SOCIAL SERVICES.
20 140 in order to comply with budget guidelines gov benson is likely to propose, I think depts. will have to look at efficiencies and new revenues, and they'll have to look at benefit eligibility and service levels.
BENSON AIDE KEITH HERMAN SAYS THE LEGISLATURE MAY NEED TO CHANGE SOME LAWS TO MAKE THE STATE LESS LIABLE TO LAWSUITS OVER ITS SOCIAL SERVICES.
HERMAN SAYS COURTS SOMETIMES DEFINE STATE OBLIGATIONS TOO BROADLY.
002 54 if there's an unclear reading of the statutes the courts can come in and decide what the state's responsibility is. So I think there has to be a look at the statutes to see if they are clear.
BUT THE STATE'S HEAD OF SOCIAL SERVICES SAYS CHANGING STATE LAWS WON'T ACCOMPLISH MUCH. KATHY SGAMBATTI IS THE ACTING COMMISSIONER OF HEALTH AND HUMAN SERVICES.
You can change some of the responsibilities, but most of our requirements are outlined in federal law.
WHILE THE STATE PONDERS ITS NEXT MOVE, SOME ADVOCATES ARE COUNTING ON THE COURTS TO FORCE MORE SPENDING ON CHILD PROTECTION.
LAWYERS IN THE ERIC L. CASE ARE EXPECTED TO GO BACK TO COURT BY THE END OF JANUARY. THEY MAY TRY TO HAVE THE STATE FOUND IN CONTEMPT. THAT COULD LEAD TO A SERIES OF COURT ORDERS AND A TIMELINE FOR IMPROVEMENTS. IT COULD EVEN RESULT IN THE COURT APPOINTING SOMEONE TO TAKE OVER THE SYSTEM. ELLEN SHEMITZ OF THE CHILDREN'S ALLIANCE SAYS IF THE STATE TRULY WANTS TO KEEP THE COURT OUT OF ITS BUSINESS, IT SHOULD MOVE QUICKLY TO FIX THE SYSTEM.
It gives the administration a choice: does it want to solve this issue, or do they want to wait, not meet the standards, and have the court intervene. Its really a test: when they don't want intervention does that mean they want to solve the problem, or they just don't want to meet their constitutional obligations.
THERE'S ONE KEY DECISION BENSON COULD MAKE AT ANY MOMENT.
THE INCOMING GOVERNOR HAS THE CHANCE TO APPOINT THE NEXT COMMISSIONER OF HEALTH AND HUMAN SERVICES. PEOPLE ON ALL SIDES OF THE ISSUE AGREE BENSON'S CHOICE IS CRITICAL, SINCE THAT PERSON WILL PROVIDE VISION AND LEADERSHIP FOR THE WHOLE SYSTEM. THERE'S NO EARLY WORD ON WHO WILL GET THE JOB. ONE INSIDER LAMENTS, THERE'S NOT EVEN A SOLID RUMOR TO GO ON.
FOR NHPR NEWS I'M
