From the monumental Connor B. federal class action lawsuit to
the tragic death of Jeremiah Oliver to the controversial treatment
of Justina Pelletier, the Department of Children and Families (DCF)
has received an unprecedented level of public attention and
scrutiny this past year. Child welfare law, a relatively overlooked
practice area until now, has recently captured not only the
increasing attention of the public, but the legal profession, as
well. This year, all three branches of government in Massachusetts
are poised to tackle this complex and essential area of law.
The candidates' views on and role with the struggling child welfare
system were prominently featured in the gubernatorial debates
between Martha Coakley and Charlie Baker. Now that Charlie Baker
has entered the corner office, the governor has spotlighted DCF as
one of the state agencies that will be prioritized during his term.
With agency caseloads burgeoning, the critical issues of adequate
funding and sufficient staffing at the agency charged with
safeguarding this commonwealth's most vulnerable children will be
paramount.
At the same time, the commonwealth's Juvenile Courts experienced a
93 percent increase in care and protection filings alleging abuse
or neglect of children in January 2014, compared to the previous
year, with similar increases throughout the remainder of the year.
A significant majority of these cases involved families impacted by
poverty, substance use or mental health issues. These families have
struggled to address these issues in a climate of limited access to
and availability of services that were intended to address parental
shortcomings while providing a safe home environment for children.
In the wake of an overburdened social service agency, an ever
increasing number of child welfare attorneys are working case by
case with community service organizations and providers to ensure
access to necessary services. These attorneys are not only
litigating cases, but also assisting clients in accessing services
that will address the medical, mental health, safety or education
barriers preventing reunification, or helping families with more
chronic and serious issues reorganize themselves with the help of
extended family and kin - all while protecting constitutional
parental and child rights.
From bills looking to reform the foster care system to adding a
best-interests representative for each child in a care and
protection case, the legislative branch was equally engaged in
identifying and repairing the weaknesses in our child protection
system. When the legislative session recessed in August 2014,
dozens of bills addressing aspects of the child welfare system that
were filed during the previous biennial session went unpassed. The
incumbent and returning legislators will have the difficult task of
continuing this work, redrafting, re-filing, and reconsidering the
Legislature's responsibility in keeping the commonwealth's families
together and their children safe.
Perhaps the greatest challenge, however, will be at the agency
level, where the struggling agency must reform its public
perception from an adversary of intact families to an ally in
strengthening families. The agency has already begun this strategic
planning process to promote a greater sense of collaboration via
innovative and culturally sensitive partnerships with community
supports in one of the poorest and most challenging cities in
Massachusetts. If successful, it will serve as a new model of child
welfare practice.
This critical time in the child welfare system provides a unique
opportunity for practitioners in this area of law to advocate not
just for their clients but also for systematic change in the way
our clients, parents and children alike, interact with DCF and the
services available to them. As all three branches of government
tackle this sensitive area of law, our input as practitioners into
how the system is reformed to provide more effective services to
families is vital.