Cunnart Associates

Child Welfare - = Not A Risk=20 To Play = With!
by=20 Joy Jackson

If=20 there ever was a time when child welfare workers were thought of = as heroes=20 by the general public, that image is long since past. Many = people=20 today believe case workers are "child=20 snatchers" who carry out their nefarious = deeds=20 with the blessing of incomprehensible red tape. Today, = workers are=20 expected to have sound credentials, always follow the rules, = always get=20 approvals from all levels of management, be flexible, effective,=20 efficiently and thoroughly document their decisions while = simultaneously=20 being warm, caring, understanding and error-free. Failure at = any=20 step of the process means flirting with a = lawsuit.

Even in human = services=20 professions, it is important to practice sound risk management = techniques.=20 Use of these techniques provides protection both to the agency and = its=20 representatives as well as to the child and family population = being=20 served. Risks in the human services contact are pervasive, = diverse=20 and complicated and can substantially interfere with the ability = of the=20 agency to carry on it's day-to-day=20 activities.

All of society benefits from protecting at-risk = children from neglect and abuse from single occurrences and from = ongoing=20 harm. At the same time, we must take steps to provide = adequate=20 protection to the agency, child welfare workers and = volunteers. Too=20 much time, effort and resources can be retrospectively deflected = from the=20 mission of the agency to protecting it and its representatives = from=20 litigation, negative publicity and an unfavourable public opinion. = Child=20 welfare agency, particularly non-profit ones, cannot afford to = lose the=20 trust and respect of the community. A poor reputation makes=20 recruiting highly-qualified employees and volunteers, finding = community=20 agencies to partner with and raising the funds necessary to carry = on=20 valuable, but non-core services much more difficult.

As = with most=20 operations, many risks are easily identifiable. There is the = potential for injuries to children in care (e.g., injuries = to=20 children in unsafe facilities such as children residing at group = homes,=20 living in foster homes or in agency-owned facilities such as = playgrounds).=20 Physical, emotional or sexual abuse can also occur when a child = client=20 visits their natural parents, or while they are at an = agency's playground. In those cases, the public looks = to the=20 agency to explain how this could occur.

Over the past = several=20 years as a member of a Children's Aid board and a practising risk = manager,=20 I have seen the negative effect a lawsuit can have on the morale,=20 effectiveness and efficiency of child welfare workers and=20 management. Often, significant funds and time are redirected = from=20 agency administration and child protection to legal teams whose = job it is=20 to defend workers, foster parents and the board against = allegations of=20 negligence and abuse. If the court accepts these = allegations=20 as accurate more costs are incurred to compensate the = victims. =20

Even when a case is successfully defended by the agency, = it can=20 leave a stigma. Often, those in the community remember the = case and=20 the allegations - but not that the end result was 'not guilty'. Among those who do know the = outcome of the=20 case, not all accept that the verdict was correct. It is = equally=20 important to not only provide high quality child protection = services but=20 to be perceived as doing so.

It is costly, cumbersome and=20 time-consuming to recruit, train and upgrade the knowledge and = skill level=20 of workers. Skilled, dedicated caring workers are the most = valuable=20 asset of any agency. Information technology has = increased=20 expectations among the general public who expect information to be = shared=20 between jurisdictions so that children at risk do not >fall = through the=20 cracks' when moved by their parents or care-givers. The = greater=20 needs of children in care make it more difficult for caring, = generous, but=20 unskilled adults to become satisfactory foster parents. Pressure = on=20 outside contractors to continually cut costs may exert a toll = level of=20 service provide to children in their care.

Liability = issues are=20 usually of the greatest concern to child welfare = organizations. The=20 reasons includes 1) the anxiety aroused among those involved = with=20 the organization, 2) the negative impact it can have on the = organization's=20 public image and 3) the unpredictable financial burden it = creates. A=20 recent survey of civil suits in Ontario found that 40% of all = claims had=20 physical or sexual abuse as the primary complaint. The next = most=20 frequent allegation was a distant second - breach of statutory = duty at=20 20%. Breaches of duty include such things as inadequate, = wrongful or=20 negligent investigation. Most lawsuits list a number of=20 allegations. Other typical allegations are negligence = resulting in=20 injury or death, separation from family members and loss or = reputation or=20 employment by employees, volunteers or foster parents due to = defamation of=20 character and emotional and mental stress.

Depending upon = the=20 jurisdiction your agency operates in, the limitation period on = claims for=20 injury as a child may range from very short to extremely = long. For=20 example, in some jurisdiction, the limitation period is six years = from the=20 date of becoming aware of the cause of the injury. Where = adults only=20 are able to trace the cause of their emotional problems back to = their=20 childhood experiences through lengthy therapy - that awareness may = only=20 become known at an advanced age.

One recent example I = am=20 aware of is traced back to alleged mistreatment beginning in the = late=20 1950's and ending in the early 1970's. In this case, many of = the=20 defendant's to the lawsuit are deceased, = documentation of cases was much sketchier then than it is today = and=20 records of insurance coverage during that period is virtually=20 non-existent. The cost of investigating, defending and = possibly=20 paying to settle this claim resides with the agencies who employed = the=20 individuals named in the lawsuit.
=20

This is not an isolated case. It speaks to the need = to=20 improve documentation, communication between agencies and = retention of=20 pertinent records.

Another case, involving more current events, deals with a = child who=20 died of starvation when his mother took him from hospital to a = homeless=20 shelter. Untrusting of social workers at both the shelter = and child=20 welfare agency, who in turn failed to communicate clearly with = each other,=20 she ultimately caused the death of her son due to = misunderstanding=20 of proper feeding schedules and quantities.

These two = claims both=20 involve agency workers. However, similar tragedies and = lawsuits can=20 arise from the acts or omissions of volunteers and foster=20 parents. Allegations of abuse: physical, emotional or = sexual=20 can be made by the child. It is the agency's responsibility = to have=20 procedures in place to adequately investigate each and every = allegation to=20 determine if it is true or not. Investigations must = emphasize=20 protection for both parties - the child from abuse and the foster = parent=20 or volunteer from wrongful allegations.

Foster = parents are=20 alone with foster children whom they are substitute parenting. = Volunteers=20 may also be alone with children - while driving them to and from=20 appointments for example. They too need policies in place = for=20 behaviour while alone with a child. (For example, not = providing the=20 child with treats which may be construed as a bribe or payment for = inappropriate activity.) Both foster parents and volunteers=20 activities may have the potential for injury due to motor vehicle=20 accidents.

All parties, workers, foster parents and = volunteers, may=20 be sued if they fail to protect the confidentiality of the = children and=20 their family. One example of breach of confidentiality = occurred when=20 an agency learned of allegations of sexual abuse from the = children's=20 school. The children were apprehended and placed with a = foster=20 family. One of the foster parents and one of the children's = parents=20 were co‑workers. The foster parent told co-workers = about some of the=20 allegations. Upon the birth parent becoming aware that the foster = parent=20 had shared confidential information he sued on the basis that the = foster=20 parent and the agency had breached his right to=20 confidentiality.

As with most types of operations, there are many = variations and=20 permutations on the reasons why an organization and it's personnel = can=20 become defendants in a lawsuit. This requires that the = agency take=20 steps to protect itself and it's representatives financially by=20 instituting policies and procedures to reduce the likelihood of = causes of=20 claims arising.

Among these policies and procedures=20 are:

well defined job = descriptions=20
specific qualifications for each position, = including=20 foster parents and volunteers=20
orientation, training and refresher = training for all=20 positions=20
supervision of each position so that those = who fail to=20 meet standards are re-deployed or terminated (yes - including=20 volunteers)=20
follow-up interviews with staff, = volunteers and foster=20 parents who are leaving the agency
periodic, random interviews with clients = (families and=20 children) to identify systemic or personnel issues =

These remedies are not = exhaustive. There are=20 others which can improve the organization's ability to = prevent=20 lawsuits and deal with those that are received. Taking a = systematic=20 approach to risk management will, however, improve the ability of = the=20 agency to pro-actively minimize the risk in a difficult area of = human=20 services.

First published in =91PublicRisk=92 = magazine August,=20 2002 =

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