RE: Village Voice article

["PFONNER, LINDA" <14D691@xxxxxxxxxxxxxxx>]

In a message dated 2/2/01 11:44:01 AM Eastern Standard Time, 
14D691@dfa.state.ny.us [that's me] writes:

> The victimized partner
>  might be indicated in the State Central Registry as having neglected the
>  children, but a protective removal can only be justified in cases where
>  neither adult is capable of or willing to protect the children.

A listing in the Central Register would seem to be "blaming" the victim.

===> The purpose of listing people in the SCR is to track people who are
unable or unwilling to protect their children.  It serves no punitive
purpose in and of itself.  Whether the client percieves it as blame depends
entirely on how the worker presents the determination.  If the worker (and I
try very hard at this) explains that the indicated determination is
necessary because of a past situation, but that the client is acting
appropriately now, esp in re cooperating with preventive services and acting
to protect both self and children from the abusing spouse, then the client
does not need to see this as blame or punishment, but simply an
acknowledgement of a previous state of affairs that was unacceptable.  Often
the victimized partner sees the change from that previous situation as an
accomplishment, and they should!  Turning one's life around is a phrase
bandied about easily, but anyone who has ever been forced into that
situation will acknowledge that it is the hardest thing they have ever done.
These individuals need to be rewarded when they succeed, and I have no
problem standing up and cheering for them when they do.

>  
>  I hesitate to believe any newspaper account of an ongoing case, since
>  confidentiality rules prevent the local social services agency from
>  contributing to the article.

Actually, that's no longer true in New York and hasn't been true since about

1996.  Under a little-known provision of "Elisa's Law," passed after the 
death of Elisa Izquierdo, CPS agencies are permitted, but not required, to 
tell their side of the story when a parent makes public that he or she has 
been charged with abuse or neglect and claims that the accusation is unjust.

=====>  I'm not a lawyer, or a policy-maker; I'm a CPS worker.  Our county,
to the best of my knowledge, has not discussed any case with the media,
citing the family's right to confidentiality.

Also, as the news story noted, the Child Welfare subcommittee of the New
York 
City Inter-Agnecy Task Force Against Domestic Violence concluded that 
"Increasingly in New York City, abuse and neglect proceedings are brought 
against battered mothers whose children are removed from them where the only

allegation is their children's exposure to domestic violence." 

Richard Wexler
Executive Director
National Coalition for Child Protection Reform
53 Skyhill Road (Suite 202)
Alexandria VA 22314
Phone/fax: (703) 212-2006
www.nccpr.org


=====> Strange as it may seem to outsiders, New York City has it's own
policies, tailored to their unique situation, under state law, that don't
apply to the rest of the state.  And each county has local policies, as
well, to meet local needs and local availability of resources.  If there is
a parent who is willing and able to provide the children with suitable care,
even if that parent needs some help to accomplish this, then we will usually
try services first.  If services work, and the children remain safe and are
receiving adequate care, they will not be placed.  Any Family Court actions
will be to get an Order of Supervision specifying what each parent and DSS
must do to insure the continuing safety of the children.  Violation of the
court order can be grounds for a remand into foster care.  Child Protective
Services is a "services" oriented agency; our task is not to destroy
families or harm children, and any placement into foster care, no matter how
smoothly it goes, or how justified it is, or how short a time it lasts,
traumatizes children.  Placement is a last resort, always.  


Linda R. Pfonner
Child Protective Services
478 Main Street, Suite 321
716-858-8803
14D691@dfa.state.ny.us

Those who would give up essential Liberty,
to purchase a little temporary Safety, 
deserve neither Liberty nor Safety.
       ---Benjamin Franklin
                 The Papers of Ben Franklin, ed. L. W. Labaree