Commissioner: DSS must act within the scope of the law-Then Why Don't They?

Commissioner: DSS must act within the scope of the law

Carol Thompson 07-28-2010


by Carol Thompson

The Oswego County Department of Social Services has come under fire once again after it was discovered that a 19-month-old child was found allegedly in a neglected state by police during a recent burglary investigation in the City of Fulton.

Some residents have been critical of the county’s DSS for failure to check on the family who they claim were receiving public assistance.

Under state law, DSS caseworkers have no authority to inspect the homes of those receiving public assistance of any type.

“I think it’s important for the public to understand that any Social Service Department must operate within the scope of the law,” Oswego County DSS Commissioner Frances Lanigan said Thursday.

A case worker for Child Protective Services cannot simply drop into a home of any county resident unless he or she is acting on an active report passed down from the state, she noted.

Reports of suspected abuse and/or neglect must be made to the state hotline. A representative then makes a determination as to whether a report is to be passed on to the county’s DSS for investigation. If a report is passed down, a case worker will respond.

The only other instance when a case worker can enter a home is when they are contacted by local law enforcement.

Lanigan was unable to speak to the specifics of the Fulton child under confidentiality laws, however, she was willing to speak in generic terms as to the process the department must follow.

“We do not address publicly any specific family or case that may or may not be accessing services whether on a voluntary or involuntarily basis,” she said.

Since the time of the highly-publicized case of Erin Maxwell, the Palermo child who was found to be living in deplorable conditions at the time of her death, Lanigan and the county legislature have initiated a number of steps to better train case workers and alleviate their workload to more manageable conditions.
“Last year we added 25 case work positions to add capacity to investigation for CPS and for on-going service for those with longer term or complex needs,” she said. “All staff have received the required ‘core’ training from OCFS (state Office of Child and Family Services) and CPS response training. They also had a one day training with the State Police on investigative techniques.”

Lanigan said the case workers also have a minimum of an additional six hours training per year approved by OCFS.

“We have instituted a model called “Critical Thinking” that trained supervisors and case workers in an approach to investigations that ensures all aspects of the family are thoroughly assessed,” she said. “Supervisors have also had to attend OCFS training on what to be looking for and how to develop case worker skills.”

Along with the training, the legislature has established a child protection board comprised of members throughout the community who are involved with children.

The new board is modeled after a successful Pulaski-based program initiated several years ago by Legislator Shawn Doyle.

Despite the new training and safeguards, Lanigan said the department must continue to operate within the scope of state law.

“When someone applies for any type of assistance program such as Food Stamps, Medicaid or cash benefits we have no authority to go into the home to ‘check it out’,” she said.


- Valley News

http://www.valleynewsonline.com/viewnews.php?newsid=89204&id=1