Wednesday, December 27, 2023

NCCPR family preservation news and commentary round-up for the year 2023, Part Two

For part one, which illustrates how the horror stories go in all directions, click here.

OVERVIEWS OF FAMILY POLICING FAILURE

● To begin, take a step back, see – and hear – how the family policing system really works in this report from NPR, featuring perspectives from JMAC for Families and NCCPR: 

IF YOU DON'T SEE MORE, CLICK THE LINK BELOW TO READ THE FULL POST:

Tuesday, December 26, 2023

In “child welfare” the horror stories go in all directions – all year long

Part one of NCCPR’s news and commentary year in review for 2023

America’s massive child welfare surveillance state was built on horror stories.  Stories about children murdered or tortured in their own homes stampeded us into building a massive system that destroys children in the name of saving them. The system has torn apart millions of families needlessly.  It’s also so overloaded the system that workers have no time to find the few children in real danger.

A system that attempts to make policy-by-horror-story makes all children less safe.  That’s why we’ve long extended an offer to the fearmongers in the child welfare establishment: a mutual moratorium on using horror stories to "prove” anything.

We can do that because we have actual evidence that, in the overwhelming majority of cases, family preservation is not only more humane than foster care or massive surveillance, it’s also safer. But the fearmongers will never give up their horror stories because horror stories are all they’ve got.

That’s why we’ve taken to reminding people that the horror stories go in all directions.  And when it comes to the high rate of abuse in foster homes, group homes, and institutions, the horror stories are backed up with study after study showing the rates of abuse in those settings are appalling.

So now, just a few examples from 2023:

GROUP HOMES AND INSTITUTIONS

● It is horrific, it is pervasive, and authorities repeatedly look the other way.  That’s what Louisville Public Media and the Kentucky Center for Investigative Reporting found when they took a close look at abuse in that state’s residential treatment centers in a story including NCCPR’s perspective.  As the story explains: 

The system that promises to monitor these facilities and protect children from abuse often devalues the child’s perspective of what happened — communicating to them time and time again that they are untrustworthy and unbelievable. 

More than half the time the child who disclosed the abuse was not even interviewed by those charged with investigating the allegation.   NCCPR’s op-ed column in the Kentucky Lantern explains the root cause of this massive failure. (Yes, it's what you think.)

● Earlier, the Kentucky Center for Investigative Reporting exposed the horrifying details about the abuse allegedly inflicted on seven-year-old Ja’Ceon Terry by staff at the “residential treatment center” where he died.  It turns out, he wasn’t the only young resident abused there.  But the story doesn’t answer the most important question, the one I addressed in 2022 in the Lexington Herald-Leader: Why is Kentucky institutionalizing seven-year-olds? 

It’s not just Kentucky where authorities look the other way when children they took in the first place are abused.

● If you run a group home or an institution in Arizona and you want to abuse the kids, you’ve pretty much got a free pass, according to a state report.  Check out the story from KPNX-TV and the story from the Arizona Capitol Times.  That may help explain how a tragedy like this death in foster care could occur.

● And also this tragedy in Arizona: Two teenagers run away from their group home.  Two weeks later their bodies are found in a nearby pond.  The only “solution” the group home industry can come up with is lamenting the fact that they can’t lock kids in.  In this blog post, I suggest a better idea

● They also look the other way in Tennessee WKRN-TV in Nashville reports that 

The homes sheltering some of Tennessee’s most at-risk children as they await foster care placement comes with its own dangers and issues, according to logs of calls made to Metro Nashville Police. 

News 2 obtained the logs for more than 500 calls made to two neighboring Department of Children’s Services (DCS) transitional homes in Davidson County between Jan. 1 and Oct. 27 of this year. 

The reports show multiple instances where police were called to the homes for fights, criminal activity, theft, and reports of a person with a weapon.

● The state’s own inspectors tried to blow the whistle.  But WTVF-TV in Nashville reports that: 

Two whistleblowers at the Tennessee Department of Children's Services said top leaders within DCS ordered them to cover up dangerous conditions at homes where abused and neglected children are staying. 

A former and current DCS employee told NewsChannel 5 Investigates that Commissioner Margie Quin did not want written inspections of the homes because she was concerned about reports falling into the hands of the media

● Here’s how they respond in Indiana: A lawsuit accused a politically-connected “residential treatment center” of being rife with sexual abuse.  As the Indianapolis Star reports: 

A psychologist’s report prepared for the lawsuit said [the center] “showed deliberate indifference” to the rampant sexual abuse of young boys, interfered with the ability of residents and staff to report to DCS, and “emboldened sexual predators.” 

The center denied the charges and the lawsuit was settled.  But the center wasn’t done.  They pushed for a state law granting them immunity from future lawsuits.  The Star reports that 

Under the legislation, immunity would apply to most liability claims, including wrongful death, negligence, malpractice, battery and infliction of emotional distress. There are exclusions for criminal offenses, gross negligence and willful or wanton misconduct, but those cases are rare and much more difficult to prove.

As a result of the Star's revelations, the bill was withdrawn. 

● But The Star and ProPublica teamed up and found even more: 

…It was the third time since 2019 that police or child protective services formally accused a female staffer at Pierceton Woods of sexual abuse or misconduct involving male residents.  In response, the state’s Department of Child Services temporarily stopped referring children to Pierceton Woods, a nonprofit residential facility which treats boys for substance use disorders and sexually harmful behaviors. 

That lasted 11 days….

 

● In Utah, NBC News reports on how the state has shut down an RTC.  All it took was “the deaths of multiple children in its care.”  The director of the RTC says his institution has been treated unfairly. 

● When I first saw that Mother Jones had published an expose of the horrors of a for-profit McTreatment chain’s residential treatment centers, I thought:  There’ve been so many exposes, what could possibly be new?  What could still shock? 

In fact, by zeroing in on foster youth, reporter Julia Lurie unearthed much that is new and even more that is shocking.  From referring to foster youth as “frequent flyers” because they can be counted on to come back again and again, to admonitions not no leave “days on the table” – meaning find ways to hold children needlessly as long as possible to bring in payments that can reach more than $900 per day per child -- to marketing techniques eerily similar to how drug companies marketed Oxycontin, this story is a must-read. 

The reason McTreatment chains can get away with it was aptly summed up by someone who has worked to expose their abuses for decades, Dr. Ronald Davidson: “These are kids, by and large, who’ve been taken away from their parents,” he said, “so they have no family to watch out for them.” 

In addition to the magazine story, there’s a podcast, produced in collaboration with Reveal: 



● You know how the people who warehouse kids in “residential treatment centers” always say we have to have such places because it’s the only way to “treat” the most difficult young people.  Well, get this: WCBS-TV reports that with his agency’s prized RTC mired in scandal over rampant abuse, the director says: It’s not our fault, the kids they’re sending us are too difficult! 

So in other words, we need RTCs, but only for the easy kids?  To top it off, this RTC part of an agency run by Ron Richter, who once ran New York City’s family police agency and loves to pal around with the most extreme advocates for tearing apart families.  Although Richter implies that the problems are new, this facility has been the subject of exposes going back decades.  But don’t worry.  According to the website for Richter’s agency, it’s “one of the oldest and most respected residential treatment programs in the U.S.” 

● Back in 2020 the Albany Times Union reported on how, after New York State reopened the right to sue for child sexual abuse, officials were stunned by how often the accused were not priests – but foster parents and staff at group homes and institutions.  Now, the Los Angeles Times reports, California is making the same discovery:

County officials predicted that they may be forced to spend between $1.6 billion and $3 billion to resolve roughly 3,000 claims of sexual abuse that allegedly took place in the county's foster homes, children shelters, and probation camps and halls dating to the 1950s. ... Veteran sex abuse attorneys are calling for an outside investigation, saying that not even they realized the full scope of the alleged abuse taking place in county facilities. 

Experts say the volume is unlike anything they've heard of in local government. … “[I]f it's true, it would be the most massive sex abuse scandal imaginable," said Stewart Mollrich, an attorney with Manly, Stewart & Finaldi, one of the law firms specializing in sex abuse claims that is suing the county. 

● Check out the video of residents of a “residential treatment center” in Oklahoma beating up a child – while staff apparently do nothing.  KFOR-TV reports that when the mother contacted state family police agency officials they were very concerned – about getting the video taken down.  And see the follow-up story here.

● And, speaking of horrors: The headline on this Sacramento Bee story says it all: “Sacramento County to remove foster children from cells, avoiding state fines.” But the county is lying about why the children are there at all. It’s the usual lie: The kids supposedly are too difficult, there’s supposedly no place else for them, blah, blah blah.  In fact, the places these children could go are being taken by all those other children the county never should have taken in the first place.

From KXLY-TV, Spokane

Washington State has agreed to pay $16.95 million in a landmark child abuse settlement. 

Multiple lawsuits were filed pertaining to 12 boys who were sexually and physically abused at the J Bar D Boys Ranch north of Spokane, which is under the care of the state. The group home is now "a shuttered facility in lone." 

The boys were ages 10-15 when the abuse happened in the late 1970s to mid 1980s after being removed to the state's custody. The boys were subjected to rampant sexual and physical abuse by staff and older residents. 

From The Arkansas Advocate:

 A federal lawsuit filed Monday alleges repeated sexual and physical abuse of children at The Lord’s Ranch, a residential treatment facility in Northeast Arkansas that closed in 2016. 

Lawyers for the plaintiffs — eight former residents who were reportedly abused as boys — said this is the first of several lawsuits they will file on behalf of the more than 30 clients. … 

● From CT News Junkie:

A Connecticut legislative committee will host an informational hearing Wednesday to review allegations of crime, abuse, and sex trafficking related to a state-financed group home for girls in Harwinton.

● KPIX-TV reports that the mayor of the town where Alameda County warehouses foster youth in a parking-place “shelter” is suing the county.  You’ll never guess why: 

The center is supposed to act as a sort of safe house for children but in recent months, the mayor claims it has become a hotbed for serious criminal activity including sex trafficking. ... 

Rebecca Edwards -- the co-founder of Braid Mission, an organization that supports and mentors foster youth -- says incidents like what the mayor is describing are sadly all too common. 

"You know people who are pimps and drug dealers, who are recruiting for gangs, know exactly where to find these youth who are vulnerable and who are desperate for somewhere to belong," explained Edwards.

In other words, predators go where the prey is.  Which raises the obvious question: Why are you using a place like this in the first place?  

Unfortunately, the lawsuit does not raise this question. 

● You know how shelters and other institutions go out of their way to make their buildings and grounds look nice, to try to fool people into thinking good things are going on inside?  WFLA-TV has a story about a place that isn’t even bothering to try.

● There are horrifying details about the sexual assault of two young teenagers in Texas foster care.  One is 16, the other 13.  But as The Imprint reports for the 13-year-old 

[t]he October assault was not the first she had survived. After running away from a foster care placement two years ago, the court monitors found, she was abducted from a gas station, drugged and sexually assaulted by two men. 

● There are a few reporters across the country who seem to specialize in exposing problems their journalism may well have worsened.  In Texas, no reporter has been more fanatical about ignoring wrongful removal and promoting the myth that any effort to oppose the needless removal of children is some kind of vast right-wing conspiracy than Robert T. Garrett of the Dallas Morning News.  So when you read this Garrett story about predators who go where the prey is – the makeshift placements where children are warehoused because of an artificial “shortage” of foster homes – think about how they got there in the first place. 

● Here’s another example: It’s a tossup which news organization in Washington State has been worse about ignoring wrongful removal, sucking up to foster parents and generally encouraging a take-the-child-and-run mentality: The Seattle Times or Investigate West.  

Now, Investigate West has a big expose (essentially like all the other big exposes you’ve read) about a hideous troubled teen industry institution in Idaho.  But even now, the story blames the problem on a “shortage” of foster homes – an artificial “shortage” worsened by news stories encouraging the overloading of the the system with children who don’t need to be there.

● If you run group homes and institutions, the one group you don’t want anyone to talk to is youth who actually were forced to live in them.  Because this is what they’ll tell you

● Here’s a case in point from USA Today. 

● And finally, from WRAL-TV: 

State and Smithfield police are investigating a report from a 7-year-old girl who says she was sexually assaulted inside the Johnston County Department of Social Services building by a 17-year-old boy.

FAMILY FOSTER AND ADOPTIVE HOMES

Arabella McCormack and her sisters were taken from their mother because they witnessed domestic violence.  They were placed with foster parents who adopted them.  That’s where Arabella died.  As KNSD-TV reports: 

 Prosecutors say she was severely malnourished, weighing just 48 pounds at the time. They also say her body was covered in bruises and doctors found 15 still-healing bone fractures. 

Arabella’s mother is suing – and still fighting for the return of Arabella’s sisters, who remain in foster care. 

Arabella’s sisters also are suing. CBS8 San Diego reports that  

The lawsuit states that when deputies arrived at the home, Arabella weighed 40 pounds, her bones protruding from her small frame, her teeth yellow and calcified, and her body blanketed with bruises, scars, and cuts and riddled with broken bones. The two young sisters, whose identities will remain anonymous, were not in much better condition than their sister, says the lawsuit. 

KNSD-TV exposed the numerous warning signs that were ignored before Arabella was, in effect, adopted to death.  (And remember, the adoption helped San Diego County collect the bounties paid by the federal government for finalized adoptions of foster children under the so-called Adoption and Safe Families Act.) 

● In Hawaii, Honolulu Civil Beat reports, 

The estate of a 6-year-old Waimanalo girl who died from alleged abuse in perhaps the most notorious child welfare cases in recent Hawaii history is suing her adoptive parents and the state for gross negligence. 

The civil lawsuit claims both the Department of Human Services and Catholic Charities Hawaii — a nonprofit that periodically reviews foster homes — failed to investigate and intervene in child abuse allegations that caused Isabella Kalua’s wrongful death. 

Her adoptive parents, Isaac and Lehua Kalua, have been charged with murder. They are alleged to have kept Isabella in a dog cage to keep her from seeking food at night because they didn’t feed her enough and covering her mouth with duct tape. 

● In Massachusetts four former foster and adopted children reached a $7 million settlement in a suit they filed against the Massachusetts family police agency.  WFXT-TV reports that: 

The lawsuit, filed in Middlesex Superior Court, says the children were locked in dog crates, forced to perform sex acts, submerged in ice paths to the point of drowning and threatened with death while under the care of the [foster parents]. The plaintiffs also allege that DCF, then known as the Department of Social Services, ignored 14 reports of abuse and was “deliberately indifferent to the ongoing abuse.” 

NBC10 Boston also has a story about the case, and The Boston Globe reports, not all of the former foster children lived to see the settlement: 

The plaintiff who died, Kristine Blouin, was placed in the Blouin home when she was just 2 weeks old; for the rest of her life, memories from there tormented her, a woman who acted as her surrogate mother has said. Kristine Blouin overdosed in 2022, and left behind two children who [Attorney Erica] Brody said would benefit from the settlement amount.

● Also in Massachusetts – a state that has long torn apart families at a rate far above the national average, there’s this reminder, from NBC10 that the horror stories still are going in all directions. 

From the Associated Press

Iowa will pay $10 million to the siblings of an adopted 16-year-old girl who weighed just 56 pounds (25 kilograms) when she died of starvation in a home where an attorney for the siblings says the children were forced to fight each other for food. 

● From the Oregon Capital Chronicle

A boy is suing the Oregon Department of Human Services for alleged abuse and neglect in a home where he lived with his sister for a year along with other children. 

The federal lawsuit, filed in September in U.S. District Court in Portland, provides the account of the then-5-year-old boy who entered into a foster home in 2016 with his 9-year-old sister in Lane County. …  The foster father, Joe Raygosa, was sentenced in 2018 to 94 years in prison for sexually abusing the girl. 

● Also from the Oregon Capital Chronicle: 

A woman who spent 16 years of her childhood in the state’s foster care system is suing the Oregon Department of Human Services, alleging the agency placed her in foster homes where she suffered abuse and failed to protect her when they knew. 

And, it seems, Oregon continues to cover up what happened: 

In this case, some of the details are murky because – as the lawsuit points out – the state agency would not give her complete records about her time in the state system and instead blacked out information about the foster parents and homes.

●In Arizona, Courthouse News Service reports, Trever Frodsham is suing because 

He says his foster father sexually abused him from age 2 to age 14, when David Frodsham was arrested in 2016. He’s currently serving a 17-year prison sentence for leading a sex abuse ring, forcing multiple children he fostered to perform sex acts on both him and his friends, sometimes in the presence of his wife, Barbara. … The state allowed the couple to retain custody of their foster children and later adopt them despite nearly 20 complaints of misconduct. 

But the state says it is immune because the caseworkers who kept placing children in that home over and over and over and failing to notice the abuse there over and over and over were sincerely acting in what they felt was, yes, “the best interests of the child.” 

Oh, and by the way, each time the Frodshams adopted a foster child, it helped the State of Arizona collect bounties of $4,000 to $10,000 per child under the so-called Adoption and Safe Families Act.  When things like this happen, states are not required to give any of that money back.

From WFLA-TV in Tampa

Within days of Chance Witherington’s first breath, he was taken from his mom by the Department of Children and Families and placed in foster care in Polk County.  Two months later he was dead.

● Also in Tampa, WFTS-TV reports, there’s still another lawsuit alleging horrific abuse in foster care – abuse allegedly ignored by the state family policing agency.  Unfortunately, as we’ve seen, in Florida neither is unusual

From WTVM-TV in Columbus, Georgia

 An east Alabama couple is heading to prison for abusing their foster child.  32-year-old Elizabeth McDowell and 32-year-old John McDowell were convicted in October of aggravated child abuse.  Russell County District Attorney Rick Chancey says both were sentenced to life in prison this morning.

From the Detroit News: 

Attorney General Dana Nessel charged two Lansing area couples Monday with 36 criminal child abuse charges, months after other similar charges against the foster and adoption families were dismissed.

 The DeWitt couples are being charged in relation to eight of the 30 children who have been in their charge since 2007. Nessel alleged the couples' collected more than $1 million tax free through the adoption subsidy program.

While Kansas lawmakers were busy attacking the safest form of foster care, kinship foster care, this is how foster care with strangers has been going in recent cases

Please keep all this in mind when family police agencies claim there is very little abuse in foster care. Not just these examples of cover-up, but numerous independent studies say otherwise.  Perhaps that’s why that bastion of the family policing establishment, Chapin Hall at the University of Chicago, appears to want to downplay the problem.  They’re undertaking a “study” of the issue that’s almost certain to grossly underestimate the true rate of abuse.  I have a blog post about it

Please also keep in mind that when the fearmongers say that anything that curbs the vast power of the family police will endanger children – the examples above all are from the system we have now; this is the system they say we need to keep in order to keep children “safe.” 

In part two: Our look back at family preservation journalism and commentary in 2023

Tuesday, December 19, 2023

NCCPR news and commentary round-up, week ending December 19, 2023

● If a child dies after sleeping in the same bed as a parent, when is it likely to be treated as Sudden Infant Death Syndrome, and when is it likely to be treated as something else?  According to a Boston Globe investigation

… in the vast majority of states, the deaths of babies from Medicaid families are more likely to be attributed to suspected accidental suffocation or listed as needing more investigation - and in some states, by sizable margins. The deaths of infants born to families with private insurance are more likely to be attributed to SIDS, which is the finding most comforting for parents because it levies no blame. 

● Among those who might be asked to make such a determination: so-called child abuse pediatricians. in this column for Reason, Lenore Skenazy explains why families confronted by such doctors need their own version of Miranda rights. 

The Imprint previews the forthcoming release of a federal report “on the devastation caused by U.S.-backed Indian boarding schools. 

The Imprint also has a story on that new lawsuit that attempts to stop the family police agency in New York City from harassing domestic violence survivors and their families.  And I have a blog post about how a New York State agency whose primary role is to facilitate buck-passing could do something genuinely useful and curb this particular horror with the stroke of a pen. 

Another Imprint story looks at recommendations from a foster youth and alumni organization.  They want to “decriminalize being in foster care.” 

Recommendations include boosting housing support for youth transitioning into adulthood and reducing reliance on law enforcement for crisis response in foster and group homes and for moving youth between placements. Members also want to see fewer children removed from home in the first place, but in cases where they must be taken, they do not want law enforcement to accompany social workers — a joint response that is common across the country. 

● In Oklahoma, prosecutors are running around bringing criminal charges against mothers who use legally-prescribed medical marijuana while pregnant.  Since the drug is legal under these circumstances you may wonder what possible grounds they may have.  As The Frontier explains, in a case now before the state Supreme Court the prosecutor argued the mother broke the law 

Because her unborn child did not have its own, separate state license to use medical marijuana.

And in this week’s edition of The Horror Stories go in All Directions

From WTVM-TV in Columbus, Georgia

 An east Alabama couple is heading to prison for abusing their foster child.  32-year-old Elizabeth McDowell and 32-year-old John McDowell were convicted in October of aggravated child abuse.  Russell County District Attorney Rick Chancey says both were sentenced to life in prison this morning.

Monday, December 18, 2023

A New York State “child welfare” agency can curb one family policing horror with the stroke of a pen. Do they have the guts?

The number of ways family policing agencies (a more accurate term than “child welfare” agencies) can hurt the children they are mandated to protect is limited only by their imagination – and, unfortunately, this is the one area where they show any imagination at all. 

Among the worst things they do is tear children from the arms of parents – usually mothers – whose only crime is to, themselves, have survived domestic violence.  Among the reasons this does so much harm to children: 

● Research shows the trauma caused to children when they’re separated in these types of cases is even worse than the trauma in other situations.  One expert said taking children under these circumstances is “tantamount to pouring salt into an open wound.”  Unfortunately, at most family policing agencies their policy can be boiled down to “please pass the salt.” 

● Research shows the trauma of removal in such situations is worse than any trauma that may be caused by witnessing domestic violence.  In part, that’s because some children believe they must be responsible for their mother being beaten and now they are being punished. 

● Fear of family police coming to take away the children deters women from seeking help – and abusers know it.  One battered mother in Los Angeles whose children were taken summed it up simply: “I called the police for help, but I should have just let my ex-husband beat my ass.” 

That’s why a successful class-action lawsuit, Nicholson v. Scoppetta, curbed the practice in New York.  (NCCPR’s Vice President was co-counsel for the plaintiffs.)  You can read all about the lawsuit, and the research on this topic on our website here.  The federal suit was aimed at New York City’s family policing agency, the Administration for Children’s Services (ACS), but for complex legal reasons the issue also wound up before the state’s highest court, the Court of Appeals, which extended its potential impact statewide. 

And what was the response of ACS to all this?  In effect, they said: Well, maybe we need some other excuse to take away the children, but nothing stops us from endlessly harassing battered mothers and their children with oppressive surveillance!  So that’s what they’ve done.  And now there’s a new lawsuit to try to stop that practice as well. 

The agency that could help 

But there’s a state agency that could put a stop to a lot of this instantly, simply by making it harder for the process to get started in the first place.  To understand how, we need to understand how these cases usually come to the attention of family policing agencies. 

In the case that is the subject of the new lawsuit, The Imprint reports, the state child abuse hotline

 was notified of the domestic abuse from the mother’s therapist, whom she had confided in after telling [her abuser] to leave for good. 

Therapists are, of course, mandated reporters of “child abuse.”  Even had that therapist realized how much harm it would do to call in a report, the therapist may well have felt s/he had no choice. 

But there is an agency in New York that could fix that. It’s the New York State Office of Children and Family Services (OCFS). 

In New York, county governments (and New York City) run family policing.  OCFS theoretically
performs oversight.  Mostly that means interference that makes nothing better and sometimes makes things worse, as with their support for what should be called sugar-frosted foster care.  But its primary function is to enable mutual buck-passing.  Localities get to say: “The state made us do it!”  while OCFS gets to say: “That was [locality’s] responsibility.” 

One of OCFS’ few concrete functions is running the state’s child abuse hotline.  In an approach perfectly designed for maximum buck-passing, OCFS takes the calls from mandated reporters – like that therapist.  They then decide whether to “screen-in” the call for investigation.  Any call that’s screened-in is passed on to localities, which, almost always, must investigate them. 

OCFS does something else: It designs the online training course for mandated reporters.  Indeed, in what may be the first genuinely useful thing it’s done in decades, if ever, it improved that training course.  The new course is a muddled mess of mixed messaging. But that’s way better than the old training or any other training I’ve seen in any other state.  In those other courses, the message can be boiled down to Report! Report! Report! 

Now OCFS has a chance to make a much more substantive improvement – this time without confusion, hedging or ambiguity:  Simply change the training to specify that a child witnessing domestic violence, or a parent being a survivor of domestic violence is not grounds to call the hotline.  Then, if mandated reporters, or others, persist in making such calls, instruct the hotline operators to screen them out. 

What the Legislature could do 

These are things OCFS can do entirely on its own.  There also are steps the New York State Legislature could take. 

● Ideally, of course, the legislature would abolish mandatory reporting altogether. That is not the same thing as abolishing reporting; it simply would free professionals to exercise their professional judgment.  But short of that, there still are things the Legislature could do: 

● It could write into law that witnessing domestic violence is not, in fact, child abuse or neglect and therefore should not be reported. 

● It could exempt from mandatory reporting requirements any professional whose primary work is with domestic violence survivors. 

● More generally, the Legislature could create an “off-ramp” for mandatory reporters.  The theme of OCFS’ new training – stolen from family advocate Joyce McMillan of JMAC For Families -- is “you don’t have to report a family to support a family.”  

But if mandatory reporters opt to support a family and not report a family, they might still face penalties if something goes wrong and some grandstanding county district attorney decides to “make an example” of them. 

The Legislature could prevent that by changing the law to specify that when mandatory reporters, exercising their best professional judgment do indeed try to support a family instead of report a family – by, say, referring parents of a hungry child to a foodbank, or a homeless family to a housing agency, this is deemed equivalent to a report, and the reporter is exempt from any penalty. 

But, again, when it comes to domestic violence survivors, OCFS doesn’t have to wait for the legislature to take a big step forward.  The question is, does OCFS even know what stepping forward means?