Health

Federal Government Failing to Protect Children, Report Says

Published

9 years ago

January 27, 2015

Vermont Attorney General Bill Sorrell, right, confers with Commissioners Theresa Martha Covington (center) and Patricia M. Martin (left) before the CECANF public meeting in Burlington, Vermont, on October 23, 2014. (Alison Redlich/AP Images for CECANF)

HOLBROOK MOHR and GARANCE BURKE, Associated Press

The federal government’s failure to enforce the nation’s child protection laws is a “national disgrace” that leaves abused children vulnerable to future harm, according to a three-year study by two child advocacy groups.

The 110-page report released Tuesday identified some of the same failures reported in December by The Associated Press after an eight-month investigation into hundreds of children who died of abuse or neglect in plain view of child protection authorities.

“Our laws are weak. We don’t invest in solutions. Federal laws aren’t enforced. And courts are turning their backs. This creates a trifecta of inertia and neglect,” said Amy Harfeld, policy director at the Children’s Advocacy Institute at the University of San Diego School of Law, which wrote the report with the nonprofit group First Star.

AP’s investigation, published Dec. 18, also revealed a system in crisis, hobbled by weak federal oversight, budget constraints, worker shortages and a voluntary data collection system so flawed that nobody can say with accuracy how many children die from abuse or neglect each year.

The AP found that at least 786 children died of abuse and neglect over a six-year span — many of them beaten, starved or left alone to drown — while agencies had good reason to know they were in danger. That figure represents the most comprehensive statistics publicly available, but the actual number who died even as authorities were investigating their families or providing some form of protective services is likely much higher because antiquated confidentiality laws allow many states to withhold vital information, shrouding their failures.

The federal government estimates an average of about 1,650 children have died annually from abuse or neglect in recent years, whether or not they were known to the child welfare system, but many experts believe the actual number is twice as high. And many more suffer from near-fatal abuse and neglect every year.

“Almost everything that happens to these children is cloaked in endemic secrecy, and most efforts by the media and advocates to provide the public with much needed transparency — which leads to accountability — are thwarted by the very governmental entities and officials who have turned their backs on their official duties to children,” the groups said.

Michael Petit, who was appointed by President Barack Obama to serve on the Federal Commission to Eliminate Child Abuse and Neglect Fatalities and serves as adviser to the advocacy group Every Child Matters, said he agreed with what he has read thus far in the report, entitled “Shame on U.S.”

“The report is saying what a lot of people have been experiencing,” Petit said, who wasn’t speaking on the commission’s behalf. “I share many of those sentiments that the federal government is not providing the kind of oversight needed.”

The Children’s Advocacy Institute and First Star fault all three branches of federal government for failing to protect children.

The U.S. Department of Health and Human Services is responsible for implementing and enforcing federal child welfare laws and programs, but the agency largely takes a hands-off approach, allowing states to self-certify that they are in compliance with federal requirements.

“There is no meaningful oversight and the states know it,” the report said.

Agency spokeswoman Laura Goulding did not immediately return a call and an email seeking comment on the report Monday.

Congress needs to mandate that HHS impose fines, withhold funds or take other punitive actions when states don’t follow federal regulations, the report said.

Because HHS and Congress so rarely hold states accountable for their failings, filing a lawsuit is usually the only way private parties can challenge problems within the child welfare system. But lawsuits are time consuming, expensive and often limited in their reach, covering violations in only one state or county rather than widespread systemic failures, the groups said.

“Federal courts have turned their backs on private attempts to enforce federal child welfare law and Congress has shown little interest in advancing the law itself,” the report said.

Emily Douglas, a child welfare expert at Bridgewater State University in Bridgewater, Mass., called the report’s findings about the judicial branch’s shortcomings particularly revealing.

“When something goes wrong, usually you hear that the state child welfare agency is a wreck or that the governor is stepping in to fire someone,” Douglas said. “But increasingly judges are going to be on the radar about the important role that they play in determining these kids’ safety. Judges are not trained social workers, so are we sure they always know the risk factors when deciding children should be sent back home?”

———

The AP National Investigative Team can be reached at investigate@ap.org

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Sacramento Lawmakers Step Up Push for “Smart Solutions” on Crime, Public Safety

Assemblymember Tina McKinnor (D-Inglewood) and Sen. Lola Smallwood-Cuevas (D-Ladera Heights), both members of the California Legislative Black Caucus (CLBC), have joined other lawmakers and criminal justice reform advocates to address public safety in the state.  On April 2, CLBC members gathered outside the State Capitol for the unveiling of the #SmartSolutions Public Safety Policy Platform, a package of 30 bills that addresses the top concerns of retailers, retail workers, the fentanyl crisis, and support for victims and survivors of crime.

Published

11 hours ago

April 17, 2024

Oakland Post

Assemblymember Tina McKinnor (D-Inglewood), second right, and Assemblymember Eloise Gómez Reyes (D-Colton), right, have introduced bills that would protect victims, reduce recidivism, and treat substance-use disorders. CBM photos by Antonio Ray Harvey.

By Antonio Ray Harvey, California Black Media

On April 2, CLBC members gathered outside the State Capitol for the unveiling of the #SmartSolutions Public Safety Policy Platform, a package of 30 bills that addresses the top concerns of retailers, retail workers, the fentanyl crisis, and support for victims and survivors of crime.

“Instead of being tough on crime, we need to be smart on crime,” Smallwood said at the press briefing. “I am not saying that we’re not going to be holding folks accountable for the actions that they take. But we will not rely on incarceration as a solution.”

McKinnor, Smallwood-Cuevas, a coalition of advocates, addiction treatment experts, and Yurok Tribal leaders joined Sen. Nancy Skinner (D-Berkeley), and Assemblymember Eloise Gómez Reyes (D-Colton) at the press conference organized to promote legislative solutions that ensure safety and justice.

Organizers say #SmartSolutions is an intersectional campaign that combats criminalization and mass incarceration by pushing for the redirection of state resources to fund housing, health care, schools, services for victims, and programs that reduce recidivism and promote accountability, beyond incarceration.

Opponents of the bills proposed in the #SmartSolutions campaign say their colleagues who support reform-focused strategies are looking the other way on crime and encouraging lawlessness.

For example, Assemblymembers Wendy Carillo (D-Boyle Heights), Carlos Villapudua (D-Stockton) and Mike Gipson (D-Carson) are supporting Assembly Bill (AB) 1990, legislation that would allow a peace officer to arrest shoplifters without a warrant or without witnessing the theft.

Assemblymember James Ramos (D-Highland) authored AB 1772 and introduced it in January. The legislation proposes sterner penalties for retail theft, particularly for repeat offenders.

The #SmartSolutions campaign is co-sponsored by Ella Baker Center for Human Rights, Smart Justice California, American Civil Liberties Union (ACLU) California Action, Californians for Safety and Justice, and Californians United for a Responsible Budget (CURB).

Smallwood recently introduced two bills she hopes will provide solutions to the escalating retail theft problem in the state. Senate Bill (SB) 1446 addresses theft, technology and job security in retail establishments and aims to minimize workplace violence, according to supporters. SB 1282 requires counties to expand the use of a diversion program for theft cases.

“Restorative Justice is the essential pillar of making our criminal justice system more fair, just, and equitable,” McKinnor said. “Restorative justice recognizes the trauma of victims and preparatory of crimes and provides a constructive space for victims to find healing.”

Dr. Amiee Moulin, founder of the California Bridge program and chief of the Division of Addiction Medicine at the University of California (UC) Medical Center, said drug “addiction and overdose” are taking a toll on patients, families and the community.

“I believe that California’s proposed legislation focused on expanding access to treatment is a crucial step towards saving lives,” Moulin said. “By removing barriers to care and embracing evidenced-based strategies we can provide patients the support they need to heal and recover.”

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Stakeholders Warn Lawmakers of Expanding Aging Population; Older Black Californians Included

The California Commission on Aging (CCoA) hosted its second annual forum focused on challenges facing Californians over 65 years old. Titled “Aging and Disability Issues: What Legislative Staff Need to Know for 2024,” the virtual event was organized to bring awareness to lawmakers that California’s aging adults are living longer and to emphasize the importance of developing policy to support this growing population, according to organizers.

Published

2 months ago

February 24, 2024

Oakland Post

The discussion encompassed a range of topics including planning for long-term care, assisted living, enhancing healthcare quality, technology use, services for senior adults with disabilities, state budget considerations, and the best policies and practices to help aging adults stay healthy, active, independent, and confident.

By Antonio Ray Harvey, California Black Media

The California Commission on Aging (CCoA) hosted its second annual forum focused on challenges facing Californians over 65 years old.

Titled “Aging and Disability Issues: What Legislative Staff Need to Know for 2024,” the virtual event was organized to bring awareness to lawmakers that California’s aging adults are living longer and to emphasize the importance of developing policy to support this growing population, according to organizers.

This year’s meeting included the perspectives of gerontologists and other subject-matter experts who provided data and insights critical to informing policy.

Former Assemblymember Cheryl Brown (D-San Bernardino), who chairs the CCoA’s Executive Committee, began the discussion.

“The landscape of California is changing. Aging is changing and it’s changing California,” Brown said. “Older adults are living longer, and the cohort is becoming more ethnically diverse, underscoring the need to develop culturally, appropriate services.”

The CCoA acts as the principal advocate for older Californians and as a catalyst for change that supports and celebrates Californians as they advance in age. The CCoA advises the Governor and Legislature, along with state, federal, and local agencies on programs and services that affect senior adults.

Statewide organizations that participated in the event included LeadingAge California, Disability Rights California, California Foundation for Independent Living Centers, and California Collaborative for Long-Term Services and Supports.

In addition, representatives and staff members of Choice In Aging, Age Watch Newsletter, California Elder Justice Coalition, California Association of Area Agencies on Aging, and the California Long-Term Care Ombudsman Association were presenters during the 90-minute discussion.

“In California, we know that older adults are underserved and unserved relative to their needs,” CCoA Executive Director Karol Swartzlander said. “In stark terms, we know that 4% of older adults who need service actually receive services.”

According to the California Department of Aging (CDA), California’s aging population is expected to reach an estimated 4.5 million individuals ages 60 to 69 and 4.2 million senior adults ages 70- to 79 by the year 2040, based on information from CDA’s Master Plan for Aging.

Recognizing that the state’s 65-plus population is projected to grow to 8.6 million by 2030, Gov. Gavin Newsom issued an executive order calling for the development of the MPA.

Debbie Toth, from ChoiceInAging, said the MPA is a model of “how we can do better” to service the needs of older adults. ChoiceInAging, Toth said, “is going to be shopping accessible transportation and rate increases for adult day healthcare.

“But we need to have legislation to do it,” Toth told legislative staff members.

A 2016 California Health Report (CHR) revealed that by 2030, 18% of the state will be 65 or older. Projections in that study also indicated that 52% of these older adults would be from diverse minority groups but “no population is expected to be harder hit than African Americans,” the report stated.

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Asm. Akilah Weber Introduces Bill to Protect Terminally Ill Californians

On Feb. 7, Assemblymember Akilah Weber (D-La Mesa) introduced legislation, Assembly Bill (AB) 2180, designed to ensure that terminally or chronically ill people living in California can afford their life-saving medications.
If passed, the law would require California health plan providers, insurers and pharmacy benefit managers (PBMs) to count the value of financial assistance provided by subsidy programs towards a terminally ill patient’s deductible and out-of-pocket expenses.

Published

2 months ago

February 24, 2024

Oakland Post

Dr. Akilah Weber (File Photo)

By California Black Media

On Feb. 7, Assemblymember Akilah Weber (D-La Mesa) introduced legislation, Assembly Bill (AB) 2180, designed to ensure that terminally or chronically ill people living in California can afford their life-saving medications.

If passed, the law would require California health plan providers, insurers and pharmacy benefit managers (PBMs) to count the value of financial assistance provided by subsidy programs towards a terminally ill patient’s deductible and out-of-pocket expenses.

“When insurers and PBMs do onto count the value of copay assistance toward cost-sharing requirements, patients often experience “a copay surprise” at the pharmacy counter and may be forced to walk away without their needed medication because they cannot afford it,” wrote Weber in a statement.

Over 80 patient advocacy organizations, medical foundations and other groups applauded Weber for introducing the legislation.

“The All Copays Count in California Coalition commends Dr. Weber for championing legislation that will improve patient access to medications and protect the most vulnerable Californians from harmful and deceptive insurance schemes that raise patient costs,” said Lynne Kinst, Executive Director of Hemophilia Council of California (HCC), which is a cosponsor of the bill.

According to the HCC, an estimated 70% of patients “abandon their prescription medications when their out-of-pocket costs reach $250 or more.