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the citizens' information source on children's issues

November 2001 Newsletter

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
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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 to this newsletter please visit our web site at www.masskids.org, or send an email to subscribe@masskids.org. To unsubscribe please send an email to unsubscribe@masskids.org.

 

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Massachusetts Citizens for Children
14 Beacon Street, Suite 706 ~ Boston, MA 02108
phone: 617-742-8555 ~ fax: 617-742-7808 ~ www.masskids.org