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Legislature Will
Question DSS Many
Serious Problems Exist at Agency By Ed Oliver The
Human Services and Elderly Affairs Committee decided last
month to hold oversight hearings on DSS in order to question
the agency about the many complaints they have heard. "We're
very excited about the committee's recommendations," Nev
Moore told MassNews. "We've wanted this for several
years. These committee members seem to have the vision to do
what has to be done." The
decision came after the Committee heard testimony on a bill
that would establish an independent ombudsman over the
department. Committee
Chairman Rep. Antonio Cabral told MassNews the oversight
hearings could happen in the next two months. The
oversight hearings will be held in executive committee fashion
without public testimony. The committee said they do not want
the hearings to become a DSS bashing session but want to use
the time to question DSS. Nev
Moore said, however, that the hearings will be open to the
public and concerned citizens should attend. Heard
Many Complaints
Committee
member Rep. Ellen Story said she keeps hearing all sorts of
criticisms about DSS from many different sources. Committee
members agreed that the problems surrounding DSS were many and
complex and it was time they were addressed. Chairperson
Sen. Susan Tucker suggested the timing for oversight hearings
of DSS is favorable because the leaderless agency will be
getting a new Commissioner at some point in the future and
there is a new Secretary of Health and Human Services. "We
will ask very cogent questions of DSS," said Rep. Story. Before
voicing the idea to hold oversight hearings, Chairman Cabral
openly expressed his annoyance that DSS representatives never
show up at committee hearings to answer questions when
legislation is proposed to correct the agency's abuses. "Maybe
they believe that this committee or the legislature really
doesn't have the will to do anything," said Cabral. Independent
Ombudsman
An
independent watchdog or ombudsman over DSS was recommended to
the Committee by Nev Moore of Justice for Families. She
testified in support of three DSS reform bills she helped
write, which were filed by her Representative, Demetrius
Atsalis of Barnstable. The
main bill would establish the ombudsman. In an executive
session held immediately after the hearing, the committee
voted to "hold" voting on the ombudsman bill because
they want to conduct oversight hearings on DSS first. Chairman
Cabral told MassNews they would decide on the best way to
proceed with the bill after hearing additional thoughts and
ideas. The
other two bills Moore supported were voted out of committee
favorably One
of the bills would require DSS to give each child who is in
their custody a pamphlet explaining their rights concerning
many things, including legal proceedings, foster
care/residential placement, visitation with siblings and
family members, health care, education, and complaint filing. The
other bill would require DSS to provide each law library and
public library in Massachusetts with the department's policy
and procedure manual and to keep it updated. Attorney
Testifies
Attorney
Susan G. Neisular, Newton, testified in favor of the ombudsman
bill. Neisular said she was working with Rep. Kay Kahn on
filing her own similar bill when she heard about the bill
filed by Rep. Atsalis. Neisular
said she has ten years experience in Boston Juvenile Court on
the non-delinquency side representing parents and children
involved with DSS. "This
department cannot fix itself. It must have a vigorous,
authoritative, oversight organization," said Neisular,
who calls it the "Office of Child Advocate" in her
bill, which she said was modeled on successful Rhode Island
legislation. Neisular
said Rep. Atsalis' ombudsman bill came very close to what she
was asking for, but the language has to be tightened up a
little to make certain that this new office has subpoena
authority, investigative authority and the right and
obligation to report immediately to a judge. Neisular
told MassNews, "DSS is a traumatizing agency, it harms
children. The bottom line is, nobody will take the
responsibility to review a bad decision." Nev
Moore told the committee that DSS must not continue
investigating itself. She said complaints to elected officials
about DSS abuses are referred to DSS headquarters and sent
back to the local office for investigation where the abuse was
committed. Moore
submitted information from Washington State's ombudsman office
and sample legislation from the National Association of
Ombudsmen. "It
must be an independent office that has the powers to subpoena and
investigate wrongdoing," said Moore.
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