IN
THIS ISSUE:
Abused/Neglected
Children and the Courts
A
Highlight from MCC's "State Call To Action: Working to
End Child Abuse and Neglect in Massachusetts"
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As the MCC Summit Work Groups convened during the spring of
2000, several participants raised concerns about gross inadequacies
in our courts' responses to abused and neglected children. MCC
received anecdotal information throughout the ensuing months
confirming that children are often not receiving adequate protection
from our courts and are actually placed in harm's way because
of poor and ill-informed decisions made by untrained and often
biased court appointed agents. Preliminary research of some
of these key issues resulted in a general description of the
problems and a number of recommendations in MCC's "State Call
To Action" (See Chapter 13, "Abused and Neglected Children and
the Courts).
Several
key issues were identified as significant to the care and protection
of children in the court systems, including:
--
Information-sharing among courts,
-- Guardians Ad Litem and other court agents,
-- Reporting of child abuse allegations by the courts,
-- Assessment teams for child victims,
-- Court-friendly practices for child victim witnesses, and
-- Judicial training in child protection.
--Information
Sharing Among Courts--
The courts of Massachusetts require a system to better coordinate
information involving child victims. These cases are often very
complex, and may be heard by more than one judge. A divorce
case for example, might involve a child custody matter (Probate
Court), while concurrently being involved in a child abuse case
(Juvenile Court); if a restraining order is needed against an
abusing family member, it would have to be filed in the District
Court. Massachusetts can learn from other state jurisdictions
that have adopted unified family courts that enable one court
to hear many different issues as they relate to specific families
and children.
--Guardians
Ad Litem--
Court-appointed Guardians Ad Litem advise the Court with recommendations
relating to child placement, whether or not abuse occurred,
and whether or not a child victim should have contact with his
or her parent abuser. These GALs and other court agents, however,
are not required to be formally trained. There is no formal
State accreditation or licensing of GALs in Massachusetts, and
there is currently no body authorized to provide standards of
quality, experience or accountability. While it is true that
some GALs have well-deserved reputations as wise and thoughtful
advisors, there are too many who have shown themselves to be
poorly prepared or unsoundly motivated. Some GALs, for example,
fail to heed recommendations from clinician child trauma experts;
or appear motivated ideologically to uphold parental rights
of abusers over children's rights. Massachusetts needs to establish
accountability in the Guardian Ad Litem system.
--Reporting
of Child Abuse Allegations by the Courts--
Confusion exists in the Courts about which Court personnel are
obligated to report cases of child abuse. Additionally, when
cases of serious abuse are reported, and referrals to investigative
authorities made, gaps often exist in the coordination and information
sharing among the different courts, and among the courts, DSS,
and the District Attorney's Offices. Outcomes of cases brought
to investigation are dependent upon the interviewing skills
of the evaluators, which differ significantly from investigator
to investigator. There is also no mandated training and no significant
oversight of these evaluators. Far too often in Probate proceedings,
Courts dismiss allegations of abuse without even the benefit
of interviewing the child. There must be an effective response
mechanism among all Courts working with children to ensure referrals
to appropriate investigative or clinical services.
--Assessment
Teams and the Courts--
The quality of a judge's decision in complex matters involving
children and families is dependent on the quality of information
received. The State Call To Action recommends the establishment
of multidisciplinary child protection teams, comprised of clinicians,
representatives from the District Attorney's Office, the Department
of Social Services, and other child welfare professionals. These
teams can provide the courts with invaluable information about
the child - information that can often be left out due to overburdened
social workers, poorly trained GALs, or inexperienced or incompetent
counsel for the child. Court referrals to multidisciplinary
teams could serve several functions, including assuring appropriate
clinical intervention and/or prosecution; coordinate civil and
criminal matters by serving as a liaison between the Probate
Court and the District Attorney; make well-informed, expert
recommendations regarding contact between the child and an abusing
parent; and plan for a child's future safety.
--Court-Friendly
Practices for Child Victim Witnesses--
The Supreme Judicial Court has ruled that courtroom modifications
for children violate the Massachusetts Constitution, which in
criminal cases provides for a defendant's right to confront
his accusers. Although not all children are "anguished" by offering
testimony, it is difficult to apply so strict a standard to
young child witnesses. Outside of Massachusetts, some jurisdictions
have legislated special protections for child witnesses, allowing
for examination and cross-examination of the child by close-circuit
televisions, or in special examination rooms. This spares the
child the anxiety of facing his or her abuser who is often a
parent or relative. We must find creative ways, even within
the confines of the Massachusetts Constitution, to ensure that
our Courts are responsive to the special needs of child victims.
--Judicial
Training in Child Protection--
Judges hearing cases of abuse, neglect and emotional harm need
to have a fundamental understanding of child abuse and its traumatic
effects on child development and functioning. Currently training
is not mandatory, and professionals who routinely offer these
trainings have reported that many judges who could benefit do
not attend. If Judges who routinely deal with issues of child
protection are required to participate in training, their decisions
could be informed by the latest knowledge relating to clinical
and protective practice.
As MCC and
the Summit Initiative on Child Protection and Family Support
moved to its next phase--coalition building, data gathering,
discussion and agenda setting--the need to spearhead action
for change in our courts' responses to abused and neglected
children emerged as a pressing agenda item. A number of strategies
are being utilized by MCC to effect change in this area, including:
individual case advocacy on behalf of children who face immediate
risk of harm; outreach and briefings to key stakeholders and
non-profits; and monitoring legislation and the efforts of other
non-profits and bar advocacy groups. A centerpiece of MCC's
strategy involves highlighting the best practices and programs
in other jurisdictions across the country, and the building
of a constituency in Massachusetts that would advocate publicly
for needed changes. With those goals in mind, MCC will convene
in the spring of 2002, a two-day intensive meeting of key leaders
and policymakers - the "Summit on Children and the Courts."
To learn
more, please see the Children and the Courts section of the
"State Call To Action" (chapter 13) on our web site, [http://www.masskids.org/cta/cta_iii_ch13.html].
Updates on the progress of the Children and the Courts initiative
will be included in future issues of this newsletter.
Fishin'
for Cash Fiesta
A Night of
Fun and Excitement to Benefit Prevent Child Abuse Massachusetts
- Thursday, December 6, from 7:00 - 9:00 PM
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Start your holiday season right- have a great time, meet your
fellow Campaign members and friends of children, and support
a cause close to your heart!
Come
to the Fishin' for Cash Fiesta, an evening to benefit Prevent
Child Abuse Massachusetts. Enjoy cocktails, appetizers,
and all kinds of great giveaways at the Naked Fish restaurant
in Watertown, MA, on Thursday, December 6, from 7-9 PM. The
giveaways include cash prizes of $10,000, $5,000, and $2,500!!
Only 500 tickets will be sold, so your odds are high!
Tickets
are $100, and include one cash prize drawing entry plus admission
for two to the Fiesta. Gift certificates and other exciting
prizes will be given away throughout the evening. Participants
need not be present to win cash prizes. Your purchase will
support our child abuse prevention initiatives!
Buy your
tickets online at www.masskids.org,
or mail your check for $100 to Prevent Child Abuse Massachusetts
- 14 Beacon Street, Suite 706, Boston, MA 02108.
For more
information, please visit our web site, www.masskids.org,
or contact Joseph J. Tegan [phone: 617-742-8555, ext. 5. email:
joseph@masskids.org].
Fishin'
for Cash Fiesta
A
Benefit for Prevent Child Abuse Massachusetts
Thursday, December 6, 2001 - 7:00 to 9:00 PM
Naked Fish Restaurant - 343 Arsenal Street, Watertown, MA
(617-924-6400)
Prevent
Child Abuse Massachusetts is a program of Massachusetts Citizens
for Children.
MCC
Files Amicus Brief
MCC filed an Amicus Curiae brief in the
Barnstable County Probat Court on behalf of a child who had
been sexually assaulted by a parent.
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In August of 2001, Massachusetts Citizens for Children (MCC)
filed an Amicus Curiae (friend of the Court) brief in the Barnstable
County Probate Court on behalf of a child who had been sexually
assaulted by a parent. Filing Amicus briefs at the trial level
serves two key functions - alerting the trial court to important
ongoing policy considerations, and providing information to
the Court that could result in immediate relief to a child victim
of abuse. The Boston law firm Mintz, Levin Cohn, Ferris, Glovsky
and Popeo, P.C. generously agreed to represent MCC on a pro
bono basis.
The case
was initially brought to our attention by Channel 4 News Reporter
Joe Bergantino in October of 2000. MCC was asked to provide
general commentary on-air in response to his investigative report.
Mr. Bergantino alleged that recommendations made by the Guardian
Ad Litem in the case, and subsequent rulings by the presiding
judge failed to protect the child from his abusive parent. In
the spring of 2001, MCC learned that despite media involvement
and Mother's subsequent testimony before the State Committee
on Post Audit and Oversight, little had been done to address
well-founded concerns.
These larger
public policy considerations prompted the filing of the Amicus
brief. MCC asserted that the clinical needs of the child and
the protective mother were not being addressed by the Guardians
ad Litem, by the child's legal counsel, or by the court-appointed
visitation supervisor. Many of the important safeguards implemented
by DSS to protect victims of domestic violence and sexual abuse
were not utilized in the case. As a result, the condition of
the child and his protective parent continued to spiral downward.
Although
a favorable ruling still has not been issued in this case, MCC
is hopeful that its ongoing advocacy efforts will assist the
victimized child, and shed light on these important concerns.
To date,
MCC has received nearly a dozen calls from protective parents
in Massachusetts who cite almost identical fact patterns. Referrals
are made to local supports, and MCC envisions filing additional
Amicus Curiae briefs on behalf of child victims in the future.
We continue to monitor each of these cases and when appropriate,
refer mothers to the Women's Right Network, a human rights organization
based at Wellesley Centers for Women. The organization has recently
launched the "Battered Women's Testimony Project; A Human Rights
Report on Child Custody and Domestic Violence in Massachusetts."
The project will document harmful actions by state agents of
the courts in Massachusetts.
Mass. Citizens
for Children also extends its sincerest thanks and appreciation
to the staff at Mintz Levin: Susan Finegan, Esq., Kristy Nardone,
Esq., Claudia Melo, Esq., Geri Haight, Esq., Kimberly Adamo,
Daniel Ward,and Christina Farag. These stellar individuals worked
tirelessly on the Amicus Curiae brief. The brief has helped
to define some of the key issues that are at stake for abused
children in the Commonwealth. Its impact is immeasurable.
Central
Massachusetts Shaken Baby Syndrome Prevention Campaign
-----------------------------------------------------------
The Central Massachusetts Shaken Baby Syndrome (SBS) Prevention
Campaign is a broad and diverse coalition made up of child and
family policymakers, providers, and advocates from both the
private and public sectors. It was convened in the summer of
2001 through the joint efforts of Massachusetts Citizens for
Children (MCC), the University of Massachusetts Memorial Hospital,
the Regional Offices of the Attorney General and the Department
of Social Services.
Three SBS
tragedies in Worcester County in the spring and two additional
cases in late summer that resulted in permanent blindness of
a 3-month-old and the serious injury of another newborn, are
fueling implementation of the first comprehensive, countywide
SBS prevention initiative in the state. Calls to MCC from Baystate
Medical Center in Springfield, Spaulding Rehabilitation Hospital
in Boston, and other sources indicate additional multiple SBS
cases over the past six months. Massachusetts communities are
eager to work to reduce these preventable tragedies but they
need leadership and an achievable and effective plan. The Central
Massachusetts SBS Prevention Campaign believes it can provide
that leadership by sharing Worcester County's successful strategies
with other Massachusetts counties and by advocating strongly
for a sustained statewide effort.
To achieve
its goal of reducing death and disability due to Shaken Baby
Syndrome, the Campaign has identified specific objectives, which
include:
-To increase
the public's awareness about Shaken Baby Syndrome and its prevention
through a countywide public education campaign
-To increase
the skills of parents and caretakers to cope with crying infants
-To educate
physicians, nurses and other health personnel about Shaken Baby
Syndrome and its diagnosis and prevention
-To ensure
that local offices of Massachusetts state departments providing
services to children and families integrate SBS information
in their education, training, and licensing programs
-To educate
older children and teens about SBS and its prevention
-To establish
support opportunities for parents and relatives of SBS victims
and survivors
-To evaluate
the effectiveness of the Central Massachusetts SBS Prevention
Campaign
-To secure
ongoing support for SBS prevention efforts statewide
During its
brief tenure, the coalition has already engaged the cooperation
of other key resources. For example, the Massachusetts Department
of Public Health has offered to assist in the translation of
SBS prevention products in several languages and in the development
of prevention materials for low-literacy groups. The National
Center on Shaken Baby Syndrome, Primary Children's Medical Center
in Salt Lake City, and the Intermountain Injury Control Research
Center at the University of Utah will be assisting the coalition
as it seeks to 1.) gather data on SBS deaths and injuries, and
2.) replicate a successful in-hospital SBS prevention education
project originally implemented at Children's Hospital of Buffalo
and now being replicated at Primary Children's Hospital.
Mary Calderone
of Haverhill, mother of 12-year-old Deena - an SBS survivor,
will serve as a resource and speaker for the project. Mary has
won several awards for her volunteer efforts to prevent SBS
in her community. Paula Cashin of Dracut, mother of baby Laura
who died of SBS injuries inflicted by an adult babysitter, has
also agreed to assist in the effort by meeting with professional
and community groups and the media.
To learn
more about Shaken Baby Syndrome and its prevention, and for
other SBS resources, please visit the SBS section of our web
site, [http://www.masskids.org/pcama/prevention/sbs_1home.html].
Look for
more in-depth information about the objectives and activities
of the Campaign in future issues of the Massachusetts Campaign
for Children newsletter.
Campaign
Member Spotlight
**Special
thanks to our Kidpin volunteers
**Eve Sullivan interviewed on CNN Headline News
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**Special thanks to our KidPin volunteers
Volunteers Nicole O'Callaghan, Denise Meiners, Jean Jacobson,
Janice Torris, Mary Wyszyanski, Vicki Simms have have been selling
KidPins throughout the year. Their valuable contributions help
MCC raise funds for its child abuse prevention efforts, as well
as increase awareness about our Prevent Child Abuse Massachusetts
Program. We applaud their generosity and appreciate their support.
Thanks!
**Eve
Sullivan interviewed on CNN Headline News
Campaign for Children member Eve Sullivan, founder of PARENTS
FORUM, was interviewed on CNN Headline News regarding parents'
concerns for Halloween this year in light of September 11 and
subsequent events. She said '"Yes, our fears are real and justified,
but dramatic play is a way to deal with feelings. Halloween
provides an opportunity to play and should go on. No one should
steal holidays from us."
PARENTS
FORUM (www.parentsforum.org) recently published their program
handbook Where the Heart Listens. In clear and easy to follow
terms the book takes readers through everyday parenting problems,
helping to turn parenting into enjoyable journey. Our book makes
a great gift for parents, Eve said, and for those who work with
parents and families. Learn more about the book, and subscribe
to the PARENTS FORUM weekly e-newsletter full of tips and observations
about parenting at www.parentsforum.org.
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The Massachusetts
Campaign for Children is a program of Massachusetts Citizens
for Children. Its mission is to build and maintain a statewide,
grassroots membership organization, which can then become a
powerful voice for the children of our state. The Campaign's
goal is to engage in non-partisan electoral and legislative
actions at the local and state levels that promote the well-being
of all Massachusetts children, youth, and their families, and
help us move children's issues to the center of every political
arena.
We believe
that all our children have the right: to be free from poverty;
to get the medical and preventive care they need; to learn in
quality child care and school settings; to be safe from abuse,
neglect, and violence; and to live in caring families and healthy
communities.
Please share
this newsletter with your friends and colleagues, and urge them
to join with us to become a powerful voice for the children
of our state. We urge you, too, to join with us, or renew your
membership if you are already a member. The Campaign for Children
is a non-profit independent advocacy organization, and we receive
no state or federal funding. We rely entirely on the generosity
of our members and donors. Please visit www.masskids.org
to join online; or call 800-CHILDREN for a free information
packet.
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Massachusetts Campaign for Children
14 Beacon Street, Suite 706 . Boston, MA 02108 . 617-742-8555
. campaign@masskids.org
Deborah Ferreri, Campaign for Children Coordinator . deborah@masskids.org
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To subscribe
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