The audit also recommended that DCF institute new checks using data from the sex offender registry.
BOSTON - In Salem, a convicted child rapist was living in the same building as a 3-year-old child under the protection of the Department of Children and Families. A 12-year-old child in a DCF placement in Northampton was living in the same building as two sex offenders. DCF did not know, because it did not check the addresses of registered sex offenders when placing the children in foster care.
An audit released Wednesday by Massachusetts Auditor Suzanne Bump identified several problems with the management of the Department of Children and Families, including the lack of checks involving sex offender data. It found that DCF has not consistently provided required medical screenings to children in custody, and DCF’s records relating to background checks are incomplete.
“The findings in our audit today constitute more than record-keeping problems at the agency,” Bump said.
Bump said the inability to ensure that medical screenings are being conducted and background checks are being documented “are symptomatic of an agency whose employees are without ready access to the information technology and guidance they need in order to protect the children and the families that they serve.”
DCF Commissioner Olga Roche said, “We are working day-in and day-out to enhance our ability to protect children and strengthen families. Working with our partners to improve services and providing field staff with the resources they need is central to achieving our agency’s mission.”
DCF has come under scrutiny after a 5-year-old Fitchburg boy, Jeremiah Oliver, went missing and was presumed dead, even though DCF was monitoring his case. Three DCF employees were fired for mishandling the case and others were disciplined.
The audit by Bump’s office covered the period between July 2010 and September 2012 and identified significant problems with the way the agency was handling cases, contrary to its own policies. It did not touch on Oliver’s case or issues that have been raised as a result.
The Child Welfare League of America is conducting an independent review of DCF related to the Oliver case and current issues. A preliminary report from that organization made a series of recommendations that include increasing staffing; upgrading technology; enhancing background checks for foster families; providing earlier medical examinations for foster children; and increasing efforts to reduce runaways.
Bump said her audit shows that problems with the state’s foster care program are long-standing and systemic.
Jason Stephany, a spokesman for SEIU Local 509, the union representing DCF social workers, criticized Bump for focusing on old information and not consulting with the social workers. Stephany said the union remains focused on “today’s most pressing challenges.”
“Had the State Auditor formally engaged front-line workers in the audit process, this report would have identified today's real barriers to successful child protection – from the worsening caseload crisis to disjointed implementation of key directives and policies,” Stephany said. “We hope that future audits will incorporate this experience and expertise to better reflect the realities of on-the-ground child protection work.”
The audit’s major findings relate to medical screenings and background checks.
By law, DCF must provide medical screenings within seven days of a child entering custody and a comprehensive exam within 30 days. This ensures that a foster family is aware of a child’s physical or mental health issues and DCF has a baseline to know whether any injuries are old or new. However, out of a sample of 81 children, the audit found only 32 had a 7-day screening and 37 had a 30-day exam. Often, caseworkers did not properly document these exams. A monthly DCF report issued in August 2012 indicated that between 77 percent and 83 percent of required medical screenings had not been done.
DCF officials told auditors that some exams are not done because guardians have trouble scheduling an appointment with their doctor. Interviews done by auditors also indicated that caseworkers believed the exams were not always necessary, and they did not consider entering information into a database a priority.
DCF, in a response included in the audit, argued that the actual compliance rate is higher because some children received treatment through MassHealth. In a statement to the press, DCF cited a Medicaid review, which indicated that over 90 percent of children receive medical care within 30 days before or 30 days after placement.
Bump responded that DCF social workers did not have access to MassHealth data, so they did not know the exams were conducted.
DCF officials said the department is developing guidelines to ensure children with the highest medical need get priority for screening; is instituting additional training for DCF staff and foster parents; and is giving caseworkers access to MassHealth data so information can be shared between DCF and MassHealth.
“We recognize the need for improvement and we’re working with pediatricians to create a triage system to ensure that all high-risk kids are seen in the initial days of custody,” Secretary of Health and Human Services John Polanowicz said.
The audit also found that DCF could not provide documentation that it had conducted required background checks for individuals living in homes with a foster child. Although DCF’s central office was able to provide documentation, a review of 29 case files at area offices found that DCF was unable to provide documentation for 48 of 63 required background checks. DCF said the reports had been done but destroyed when no problems were identified, something the auditor said contradicts state recordkeeping policies. DCF said electronic records were kept indicating that background checks were done.
DCF’s database also was unable to provide a complete list of foster homes that had been given a waiver to have a child despite the criminal conviction of someone in the household. Bump said the department’s computer systems are antiquated. “There’s an information gap that they had that didn’t allow us to gain access to the simple question, who had a waiver during this period of time?” Bump said.
The audit also recommended that DCF establish a new check to match the addresses of registered sex offenders with addresses of children in foster care. During the audit period, auditors determined that in 25 cases, addresses of sex offenders matched addresses of children in foster care.
“We do think that is an area of risk that should be considered by the agency,” Bump said.
DCF officials said none of these sex offenders were living in the same unit as the child. “There are no children in DCF placement living with a sex offender,” Roche said.
The department is working to get streamlined access to the state sex offender database.
The audit also found that DCF was not adequately safeguarding personal information. In many offices, file boxes or folders containing names, addresses, social security numbers and criminal record reports were lying around unsecured – a problem DCF said it is correcting. The report also faulted DCF for a lack of internal policies to monitor its own operations.
State officials have previously said the state will invest in more staff and technology in light of the problems. Roche said the department has added 90 new social workers and brought on a deputy commissioner for operations.
Gov. Deval Patrick said he did not see any surprises in the report. “I don’t think there are any surprises really or anything really new,” Patrick said. “It's mostly pretty technical stuff, some things we’ve been working on awhile and have made great progress on.” For example, he said the agency is working on changing record-keeping practices related to medical screenings.
Republican gubernatorial candidate Charlie Baker, as he has previously, called for new leadership at DCF. "This sobering report shows that children under DCF’s care are being put at risk by a series of systemic failures at the agency that continue to this day,” Baker said. "From faulty record keeping, to lack of oversight resulting in missed visits to our state's most vulnerable children, it is clear that the state is not meeting its responsibility to keep safe the children in DCF’s care.”
Massachusetts auditor's report of the Department of Children and Families
