Momentum builds for standalone child welfare department

AUGUSTA — A proposal to create a standalone state agency for child welfare and protection appears to be winning over skeptics and even has the commissioner of the Department of Health and Human Services reconsidering her long-standing opposition.

A proposal by Sen. Jeff Timberlake, R-Turner, to remove the Office of Child and Family Services from DHHS received support from the Alliance for Addiction and Mental Health Services, Maine; and the National Alliance on Mental Illness Maine during a public hearing Thursday.

Malory Shaughnessy, executive director of the Alliance for Addiction and Mental Health Services, said she was originally skeptical that creating a standalone agency would fix issues in the child welfare system, which have been the focus of lawmakers in recent years amid several high-profile deaths of children who had contact with the system.

But now, Shaughnessy said the proposal is a good first step toward addressing those issues, including the lack of services families need to address their struggles and remain together, such as services for mental health, substance use and children’s behavioral health.

“Changing up the bureaucracy doesn’t necessarily fix the problem,” Shaughnessy said. “But it’s become incredibly apparent to many of us in this field that having a commissioner sitting at the cabinet with the governor at that table on a regular basis as a voice for just children and their families, as opposed to somebody who is repeating a vast array of other things, is going to have more weight.”

Creating a standalone agency would cost about $4.2 million. Timberlake said that’s a “modest figure” for what could be “an immense bipartisan achievement” in an otherwise polarized political climate.

“Surely, if there’s anything that can help to bridge that gap to any meaningful extent, it would have to be the welfare of the most vulnerable among us,” he said.

DHHS Commissioner Jeanne Lambrew said in written testimony that she is open to a standalone agency for child protection and welfare, but only if an independent, in-depth study showed that the costs of setting up a new department would improve child safety more than other investments. She remains concerned that creating a new department could negatively impact other services provided by DHHS, including health care and food assistance.

“That said, the health, safety, and wellbeing of Maine people is our north star and the Department remains open to all policy ideas that are supported by evidence and can help achieve our mission,” Lambrew said.

Timberlake’s bill was one of two heard Thursday by the Health and Human Services Committee, which was also presented with a bill from Sen. Joe Baldacci, D-Bangor, to create an office of inspector general for child protection. That office would have the power to subpoena records during investigations into the department’s actions, as well as licensed child care facilities, a variety of children’s homes, foster parents and foster homes, and Long Creek Youth Development Center.

Lambrew opposed the creation of an inspector general’s office, arguing that the department has adequate oversight from citizen panels mandated by the federal government, lawmakers and the state’s child welfare ombudsman.

“It is not clear what additional benefit it offers to the robust and comprehensive oversight of child welfare that already exists, which has been expanded over the last several years,” she said. “Appropriate oversight is critical, but duplicative requirements and review may hinder staff’s ability to dedicate the necessary time to engage effectively with the children and families in their caseload.”

Maine’s child welfare ombudsman also investigates complaints about specific cases, works with the department to resolve issues and presents annual reports to lawmakers.

Baldacci said in an interview that an inspector general would have more power than the ombudsman, including the ability to subpoena records, file complaints with licensing boards and courts, and refer matters to law enforcement.

Under his proposal, which does not yet have a cost estimate, the inspector general would be nominated by the governor, reviewed by the joint standing committee of jurisdiction and confirmed by the Senate. Anyone who has served within the department in the preceding five years would be prohibited from being appointed to the position.

The inspector general would serve a five-year term, could hire staff and would be charged with “investigating matters relating to the child protection system and other individuals or agencies with responsibility for the care and protection of children.”

The inspector general, who would need to receive national certification within two years and would be prohibited from political activity, would also investigate suspicious child deaths and serious injuries of children in those facilities, as well as those involving children who receive child welfare services or who had contact with the Office of Child Family Services within the previous year.

Summaries of the investigative reports could be released publicly “to bring awareness to systemic issues” if the inspector general and governor agree “that disclosure would be in the best interest of the public.”

Baldacci, who co-chairs the HHS Committee, told his colleagues that similar offices exist in Nebraska and California. He said professional oversight would help increase accountability and standardize policies and practices – something with which DHHS has struggled.

Lawmakers on the Government Oversight Committee have been investigating four child deaths for the last two years. The committee plans to meet Friday to resume discussions about possible system improvements informed by the investigation, which has since broadened to include first-hand testimony for overworked caseworkers highlighting the lack of services and poor leadership in the department.

Melanie Blair, a foster parent, educator and volunteer with Walk A Mile In Their Shoes, a nonprofit that issued its own list of recommendations, supported both proposals, saying they would provide an outlet for foster parents to express their concerns without fear of retaliation and lead to more consistent policies in child welfare offices across the state.

“A drastic change is needed that will restructure and change the culture of intimidation, dishonesty and disregard for those of us in the trenches doing the day-to-day work with these children,” Blair said. “As it stands now we are not able to see behind the iron curtain and this must change by utilizing a smaller department.”