RELEASE: February 12 , 2004

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James Davy, Acting Commissioner of the Department of Human Services, issued the following statement on the Office of Child Advocate's report on the Jackson family:

“I want to commend the Child Advocate for conducting such a thorough and thoughtful evaluation of this heart-breaking case.

“This report raises a number of serious concerns, not the least of which is that safety assessments conducted last year of children in pre-adoptive foster homes may have been done incorrectly. Specifically, the Child Advocate raises a concern that many of those assessments were not performed in person, as was previously believed.

“I plan to meet with the Child Advocate and his staff as soon as possible to discuss the concerns that have been raised in this report. In addition, I have ordered a complete review of how safety assessments were conducted during the time period in question.

“Any safety assessments that were not done in person will be redone.

“Below are some of the policy and practice changes that have been implemented since the news of the Jackson tragedy broke last fall.

“However, as the Child Advocate points out, these policies are only useful and relevant if they are clearly communicated by supervisors and clearly understood by workers. Under the current safety assessment protocol, each and every assessment must be done in person and verified by a partner community agency – without exception. Moreover, every caseworker and community partner worker must undergo training in the new protocol before they begin doing the safety assessments. This assessment protocol is to be used by all caseworkers routinely as a part of their minimum visitation requirement with a child.

“I am satisfied that the safety assessments we are currently doing are being done in person and are being done correctly. And I am committed to redoing any safety assessments that may have been improperly done in the past. Without question or delay, we must do all we can to ensure the safety of children.

“Finally, I agree with the Child Advocate’s conclusion that the department must better coordinate medical care for children in its charge, that case practice must be more fully integrated so that all workers have access to the same information about a child or a family, that additional supports must be provided to foster and adoptive families and that DYFS must continually audit its work to ensure quality.”

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Policy changes as a result of the Jackson case:

• Foster children cannot be home schooled. It is imperative that people in the community regularly see and interact with our foster children. Schools can be a key partner in recognizing problems with a child’s development or signs of maltreatment, and home schooling effectively circumvents any school district involvement with the child.
  
• Licensing inspectors now must interview every adult and child in a home every time they initiate or renew a foster home license. All foster children are to be interviewed privately. Interviews with the adults and other children in the home are to focus on their relationship with, and perceptions of, the foster children. Any protective service issues – whether in reference to natural, foster or adopted children – must be reported immediately to the appropriate DYFS district office for investigation.
  
• Safety assessments of children in foster care are more comprehensive and, as with licensing inspection, now require interviews of every adult and child in the home. The assessments require detailed identifying information on each child and adult in the home. They also require information on criminal history and child abuse registry checks on the adults, the home’s licensing history, and any prior involvement with the Institutional Abuse Investigations Unit. Also, staff conducting the safety assessments must visit every room in the home, note the housekeeping standards, assure that the electricity is on and all appliances are in working order, and check if there is adequate food in the home.
  
• The Department of Human Services is now tracking Medicaid usage for adoptive children. This will allow DYFS to contact families who are not using Medicaid coverage to determine if adopted children are receiving appropriate medical attention. Federal rules do not allow DYFS to require annual medical checkups as a condition of adoption subsidy, but the agency can follow-up to ensure children’s medical needs are not being neglected.