TESTIMONY ON CHILD ABUSE TO THE COUNCIL OF THE CITY OF NEW YORK GENERAL WELFARE COMMITTEE BY COMPTROLLER ALAN G. HEVESI DECEMBER 19, 1995 I would like to thank Chairman Steven DiBrienza and the other members of the General Welfare Committee for giving me the opportunity to testify this morning at this hearing on child abuse. We all share some measure of guilt in Elisa Izquierdo's death, but we will share much more guilt in the death of the next Elisa if we do not act quickly and firmly to prevent the deaths of more children. The question now is how do we turn that sorrow, anger and guilt into action? How do we make sure that there are no more such deaths? The best way to do that is to understand what went wrong and then design actions to deal with those problems. In this testimony, I would like to start by discussing what we have learned about problems at the Child Welfare Administration and then make some proposals for what to do. We must recognize that there are many dedicated workers in CWA. They work under very difficult conditions. They are poorly paid, poorly trained and poorly equipped. Often they do not have proper supervision and support and cannot get access to all the information they need. Despite these handicaps, every day they face the grim task of investigating child abuse. And the fact is that thanks to their dedicated work, many children are pulled from abusive homes and many children's lives are saved. As we focus on what has gone wrong, we must also remember to thank those who are working hard to do the job right. On the other hand, we must hold child protective workers to a very high standard because their mistakes can severely hurt and even kill children. However, it is unrealistic to expect them to meet those standards if they are not given the necessary resources. One thing we have clearly learned is that caseworkers have not received the training they need to perform their job. Child protective workers, known at the Human Resource Administration as "Protective Diagnostic" workers, only have to have a college degree to be authorized to do their work. In addition, State law says that they have to take a training course. However, the law does not require them to pass a test to demonstrate that they have actually learned what they were taught. Earlier this year, the Comptroller's Office publicized the fact that may trainees at the Satterwhite Academy were getting low scores on their tests after their training and were still becoming front-line caseworkers making decisions about children's lives. Historically, HRA child protective trainees have answered correctly less than 60 percent of the questions in the final exams. CWA responded positively to this information. The agency has modified s training program to deal more with the practical issues that caseworkers face in the field. In addition, starting in August 1995, as a condition of continued employment, trainees were required to pass a competency test. Since then, nine trainees out of a class of 66 were dismissed due to their failure to score at least 70 percent on the final exam. We commend CWA for this progress. A testing requirement is noteworthy improvement. However, this is a recent development and many of the existing child protective workers on the front lines have not been put to the same test. Moreover, CWA recognizes that basic training and competency testing is not enough. There is a further need for in-service training during caseworkers' 12 month probationary period and the development of an evaluation mechanism to be used during and at the end of this 12 month period to measure competency in the field. This can only be accomplished with a skilled training staff. But the se of the CWA training staff has been substantially reduced and will continue to diminish. In 1993 the training staff was reduced from 76 to 38. As of December 1, 1995, after the effective date of the most recent buy-out, the staff will be reduced to 26, four of whom are clerical. In addition, four of the seven full time trainers will be spending the next 18 months training 8,000 caseworkers at CWA and all the voluntary agencies on the new risk assessment protocols. That leaves very limited resources for initial and in-service training for all CWA workers, not just protective service staff. Even the best trained, most experienced caseworker can only be effective on a limited number of cases. It is important that caseloads be set at levels that enable investigators to do a thorough job in every case. To do their jobs well, workers must have effective supervision and case management by knowledgeable and qualified personnel, including reviews of individual cases on a timely basis. They should have social workers available for consultation. They should be encouraged to seek guidance from workers with more experience or specialization and have ready access to such assistance. Too often this is not the case. Caseworkers also need ready access to information. Unfortunately, from our audit of the HRA Foster Care Tracking and Claims System we know that CWA does not have a reliable information management system. Its current system for tracking children in foster care -- those for whom CWA is the legal custodian -- is sorely deficient. Our auditors found that the official record had incorrect addresses for0 percent of the children in care. Five percent of the children in care were listed as living at the CWA headquarters at 80 Lafayette St., even though more than half of those children had been in foster care for more than two years. There is also a lack of information on children who are the subject of abuse or neglect allegations. There is no reliable system that allows a worker to see if there have been prior allegations involving the same family. It is even difficult to find out on a timely basis the details surrounding a previous case of established child abuse or neglect involving the same family. We understand that CWA is to be computerized in late 1996. The project must be kept on schedule. But something must be done in the interim to improve case management and information flow. The problems at CWA have been highlighted in a recent suit brought agait the agency, the City and the State. I am not prepared to comment on that suit, but the cases described in it are painful to read and a further reminder of the importance of acting immediately. Now, I would like to suggest some responses. The caseworkers are our first and most important line of defense against child abuse. They are the ones who must decide when to take action and what action to take. We must ensure that they are properly trained. Our staffs have been working together on legislation to address this issue. I would like to take this opportunity to thank you and Margaret Nelson of your staff for working with us on this important legislation. First, we propose that the HRA training academy be accredited by a nationally recognized child welfare institution. This would help ensure the quality of training given to supervisors and to caseworkers. My staff has solicited some informal proposals for accrediting the HRA training academy and the cost estimated for such accreditation appear minimal. Second, we propose the creation of an independent, expert panel, much on the order of the Child Fatality Review Board, which would develop a certification examination for caseworkers and supervisors. Third, caseworkers are on probation for their first year. This probationary period should be formalized into a period of on-the-job training during which caseworkers serve as apprentices and at the end of which they are retested and dropped if they fail. The Police Department has the right to drop trainees who do not successfully complete training. CWA should have the same right. I have with me a letter in support of competency testing from Cornell University. Cornell is responsible for training all upstate, non-New-York-City, child-abuse investigators. Fourth, standards should be set for supervisors. Candidates for supervisory positions should also have to pass a test designed to demonstrate their knowledge of how to manage child protection personnel. This legislation, I believe, is long-overdue. Although child protective legislation is typically the purview of State law, there is little chance of state action on caseworker training. My friend, State Senator Leichter will testify today that he has indeed offered similar legislation, to no avail. In addition to training, there must be effective monitoring. The only to ensure that CWA does its job is to institute effective performance measures that focus on service provided and outcomes for children. Every system must have accountability. The only way to have continuing accountability is through a set of standards and reviews so that successes and failures are identified immediately. That way everyone can learn from success and management can focus on solving problems before they lead to fatalities. The Mayor has responded to Elisa's death by appointing an investigation panel led by Commissioner of Investigation Wilson. The panel includes only members of the Administration. I would like to take this opportunity to recommend that the Mayor expand that committee. When a crisis arose in the Department of Youth Services, a task force was created including representatives from the Administration, the Comptroller's Office and KPMG Peat Marwick. That task force promptly and efficiently investigated the problem and produced an indepth report that accurately identified problems at the agency. That model could be just as effective in this case. In the long term, I think the City should consider setting up a Board of Child Welfare to provide continued independent, outside monitoring of the performance of CWA. This Board should have subpoena power and an ability to review whatever records it needs whenever it needs them. Members of the Board should be appointed by the Mayor, the Public Advocate, who is the City's ombudsman, and the Comptroller, who is the City's auditor. Board members should be approved by the Council for fixed terms, removable only for cause by the Council. Elisa's death has already produced one important result -- increased public awareness and an increased willingness to intervene on behalf of threatened children. The State Central Registry has been flooded with reports of possible child abuse. Those reports will be meaningless unless we institute the kind of reforms this hearing is addressing. Thank you. --