Child Welfare Reform and DYFS Overload in New Jersey

Introduction

The history of social services includes successes — children who, as a result of child welfare intervention, are removed from the grip of their abusers and find loving and nurturing homes. These are cases that are few and far between, however, when weighed against those children who are moved from one foster care situation or group home to another, and those who are moved into situations of even greater harm. The most notable examples of this latter outcome include Lisa Steinberg and Faheem Williams. The severity of these situations frustrates anyone who has taken an oath to protect or to serve a specific population.

For police officers and firefighters, that oath is inclusive of the general population; for social workers, however, it narrows to children under the age of 18 — those who are considered minors in the eyes of the law. Child Protective Services was established in the United States in 1875, after a young girl was found to be suffering gross forms of abuse at the hands of her caregiver. Since that time the organization has grown through the various ebbs and flows of a structured system, yet one alarming aspect has persisted: the inability to adequately solve problems on behalf of its wards.

In fact, several prominent crimes of our lifetime involve children in one way or another — either as direct sufferers of abuse or as the tragic focus of loss, as will be discussed throughout this paper. Two such instances are the cases of Lisa Steinberg and Faheem Williams, cited here to illustrate the overload and mismanagement of the Division of Youth and Family Services (D.Y.F.S.). Their stories shocked and riveted the nation as the very system designed to respond to allegations of abuse instead facilitated harm through overload, neglect of the situation, an inability to identify signs of abuse, or, perhaps most frighteningly, all of the above.

These particular cases were a catalyst for reform within D.Y.F.S. The child protective services organization is in dire need of revamping. Steinberg and Williams are only two wards whose misfortunes have come to public light. If they suffered such abuses, how many more children have gone unnoticed? No single event of child abuse will alone compel the necessary changes to social work services. It is therefore in the hands of administrators and state government to set protocol that limits the caseload per social worker and to implement secondary agencies capable of investigating reports of child abuse and neglect.

This paper addresses the current state of the child welfare system and its ability to meet the needs of its wards. It offers an in-depth analysis of prospective measures to curtail instances of child abuse that result in child mortality. The paper further addresses the benefits of collaborating with community service organizations in Jersey City, New Jersey — organizations staffed by college-educated individuals qualified to address child abuse in the home — and how such collaboration can alleviate some of the caseload currently experienced by child welfare services.

More specifically, the paper evaluates the following aspects: what constitutes abuse in the eyes of the law as applied to child protective services; what role substance abuse (drugs and alcohol) plays in today's interventions by child welfare services; which elements of abuse are weighted more heavily and which are discounted; what criteria are used to determine the "best interest of the child"; the benefits of collaboration between social work services and community service organizations; and how such collaboration can address child abuse that goes unnoticed, including substance abuse in the home.

All of these issues are significant because they all contribute to the problem of child abuse, especially when it leads to the death of young children. Child abuse is deeply traumatic to those who experience it and is often distressing to the caseworkers who deal with these children as well. Because child abuse is not only devastating at the time but can also produce violent and inappropriate behaviors in adolescents and adults, it is clear that it must be stopped as early as possible. Assuming that child abuse can be completely eliminated throughout the country, or even within the state of New Jersey, is unrealistic. However, this paper focuses on Jersey City, New Jersey, and while it is unrealistic to assume that child abuse will ever be completely eradicated in that city, it is not unrealistic to believe that engaging social organizations to bridge some of the gap between social workers and these young children will improve the quality of life for many children there.

Many individuals who see child abuse cases and social work failures in the news automatically attribute them to neglect or indifference on the part of social workers. This is largely not the case. What is the case is that these social workers are so overloaded with cases that they often cannot find the time to adequately care for all of the children they are sworn to watch over. Because of this, they clearly need assistance from other groups within the community, and one way to obtain that assistance is through social organizations that are willing to help.

The Case of Lisa Steinberg

While not all social organizations may be willing to assist, many would be glad to help social service workers because they understand the pain these children endure. The cases of Lisa Steinberg and Faheem Williams are discussed here because they are so extraordinary and painful that they illustrate precisely what kinds of abuse and neglect can slip through the cracks. From there the paper moves on to the specific problem statement, the researcher's personal involvement, anticipated research problems, and a review of the literature on child abuse and neglect. Not all of the literature reviewed is specific to Jersey City, New Jersey, but all of it relates to child abuse and neglect across the country, and much of it relates to New Jersey in some way. Suspected causes of abuse and neglect, as well as the improvements anticipated if the problem is addressed, are also discussed.

In the 1980s, the child abuse case of Lisa Steinberg shocked the nation as her story of relentless physical and sexual abuse at the hands of her adoptive parents, Hedda Nussbaum and attorney Joel Steinberg, unfolded. The two had adopted Lisa as an infant. To the dismay of journalists and the general public alike, this child suffered horrible abuse and unimaginable fear throughout her short life. The case also exposed Joel Steinberg's substance abuse and allegations that he had prostituted the young child to adult men in exchange for drugs while Nussbaum restrained her (Gado, 2004). As if that were not horrifying enough, what shocked the country further was that her abuse had been reported repeatedly to child welfare services (Gado, 2004).

When officers arrived on the scene, they found Lisa barely breathing and unresponsive (Gado, 2004). They later discovered that the brain injuries and other damage inflicted by her adoptive parents were so severe that she had already slipped into a fatal coma (Gado, 2004). She was six years old. Officers who responded to the call also found another infant in a back room, filthy and soaked with urine, tied to a playpen by a rope around his waist (Gado, 2004).

The adoptive mother had also suffered greatly at the hands of the adoptive father, sustaining broken ribs, ulcerated legs, and numerous cuts and bruises (Gado, 2004). The baby was removed from the home, but this was not enough to save Lisa. As tragic as this incident was, it is not as uncommon as many people would like to believe. There are many children in this country, and in the state of New Jersey, who suffer greatly at the hands of parents, adoptive parents, and other caregivers. While not all of them die, the degree of pain and suffering many endure is something no young child should ever have to face.

The trauma of such abuse does not end in childhood. It follows its survivors throughout their lives and can cause serious problems well into adulthood. Lisa Steinberg did not survive her abuse, but had she lived, it is quite likely that severe emotional and developmental problems would have followed her throughout her life. The literature reviewed later in this paper reinforces this observation.

The Case of Faheem Williams

Most recently publicized was the disturbing incident in Newark, New Jersey, involving Faheem Williams. Williams was a seven-year-old boy whose mummified body was discovered by police in the home where he had lived, having been abused and tortured to death. Faheem's story ended in much the same way as young Lisa Steinberg's — both had been failed by the very systems designed to protect them — and in both cases other children in the household somehow survived. Faheem left behind two brothers; Lisa left behind an adopted sibling she had known all too briefly. Just as Lisa's abuse had been recorded by child welfare services, so had Faheem's. Both stories are of particular relevance in evaluating the changes needed in social work services.

These professionals, whose watchful eyes were effectively blinded by excessive and ever-increasing caseloads, were led helplessly toward outcomes that brought great scrutiny to an increasingly desperate situation. Lisa Steinberg and Faheem Williams went grossly unattended. The severity of their abuse, while incomprehensible to those made painfully aware of their suffering, went unreported and, worse, unnoticed by the very professionals assigned to investigate allegations of abuse.

Faheem's natural mother had been serving a jail sentence, and she had asked her cousin, Sherry Murphy, to care for her children in her absence (Send, 2004). During this time, Faheem was severely starved and sustained a fatal blow to the stomach (Send, 2004). When efforts to revive him failed, those responsible wrapped his remains in garbage bags and hid them in a closet (Send, 2004). The two surviving children were placed in a basement behind a locked door and were only discovered by Sherry Murphy's boyfriend at a later date when he was searching for something else (Send, 2004). The two other children — then ages four and seven — were severely malnourished but still alive, and they did physically recover (Send, 2004).

One of the boys told others that he had a brother named Faheem whom he had not seen for quite some time (Send, 2004). This disclosure initiated the investigation that eventually led to the discovery of Faheem's remains. Sherry Murphy pleaded not guilty to homicide charges (Send, 2004). Although Faheem's mother had been in jail on a charge of child endangerment, she had not killed her son; Sherry Murphy was ultimately found to be responsible (Send, 2004). When Faheem's mother was released from jail, the other individuals had moved and she was unable to locate her children — an outcome that might have been prevented had she been able to find them sooner.

Tragically, this occurred in 2003, and child abuse investigations involving this particular family had been ongoing since 1992. Yet no one had felt it necessary to remove the children from the home, or had not recognized the severity of the abuse taking place, and this failure was a partial cause of Faheem Williams's death. This is painful for many who work in children's services, as they feel that more could have been done — a sentiment shared by the surrounding community.

Statement of the Problem

The specific research question addressed in this paper is: how can community services ease the case overload of child welfare services in order to meet the stability needs of children in Jersey City, New Jersey, who suffer abuse and neglect in the home? Jersey City has an increasing problem of child neglect, as well as physical and emotional abuse in the home. These problems are snowballing out of control, resulting in child mortality and emotional and developmental trauma — conditions that are causally linked to violent criminal activity and substance abuse in adolescent years, as children act out in ways that are destructive to themselves and others due to an inability to cope and an absence of self-esteem.

This paper analyzes how community service organizations in Jersey City can bridge the gaps in child welfare services that leave children in abusive or neglectful circumstances — whether due to system overload or an inability to identify behavioral warning signs such as disengagement from school and depression. These are only two of the many symptoms that, if identified early, can enable intervention and provide guidance, reassurance, and stability in a child's life. Such interventions can also prevent more serious future problems, including criminal activity in adolescence and adulthood leading to incarceration, substance abuse, drug-related arrests, disproportionate rates of teenage pregnancy in African-American and Latino American girls, and the continued cycle of abuse and neglect reenacted upon the next generation of children.

It is crucial that the problems facing individuals who are abused as children be addressed early — not only to prevent tragedies like those of Lisa Steinberg and Faheem Williams, but also to stop the cycle of abuse from continuing to another generation. This is, of course, a generalization: not all individuals who are abused as children will abuse their own children, just as not all individuals raised in nurturing homes will become good parents. However, abuse and neglect generally follow a pattern, and those who are abused as children are statistically more likely to become abusive parents themselves.

This is unfortunate and painful — for the children and for the parents, who often know that what they are doing is wrong but do not know how to stop. These individuals need help, and this is another role that social services and community organizations can play. The main focus here, however, is on removing children from abusive and neglectful homes and placing them in environments where they will be treated well and can learn what it means to treat others well. These children can then hopefully avoid many of the problems they would otherwise face in adolescence and adulthood, including substance abuse, prostitution, violence, and incarceration.

It is becoming clear, however, that social and child welfare services cannot accomplish this alone. This is not due to a lack of effort or compassion on the part of those who work for child welfare services in New Jersey. It is simply an overwhelming caseload — so excessive that workers cannot always keep pace with their responsibilities. New Jersey is not unique in facing this problem.

Not long ago, a case in Florida involved a girl named Rilya Wilson, who had been missing for some time before workers at the state's Department of Children and Families realized she was gone. She has never been found. The odds of her being found alive diminish every year, and there were significant institutional upheavals when it emerged that the worker assigned to check on the family had not done so in months and was subsequently fired along with her immediate supervisor. Despite the clear individual failures involved, the episode brought wider attention to the excessive caseloads that social services carry throughout the country, and reforms have begun as a result.

This is precisely why the time is right for Jersey City to integrate its social services and welfare department with other community service organizations that are willing to help protect children. When this is accomplished, many children will live longer and happier lives and will no longer suffer pain and degradation at the hands of parents, adoptive parents, and other caregivers — helping to break the cycle of abuse and neglect that is prevalent not just in Jersey City, but across the country.

Conclusion

Shull, J. R. (1999). Emotional and psychological child abuse: notes on discourse, history, and change. Stanford Law Review.

Taylor, K. & Hoover, E. (22 September, 1996). Emotional abuse is hardest to fight. Portland Oregonian: A1.

Child abuse in New Jersey. CBS News. Retrieved April 3, 2003, from http://www.cbsnews.com

Human Services Research Institute. Retrieved April 5, 2004, from http://www.hsri.org

Johnson-Reid, M. (February 1, 2002). After a child abuse report: early adolescence in the welfare system.

Jones, R. L., & Kaufman, L. (April 15, 2003). New Jersey shows fairness of child welfare system. New York Times.

Morris, P., Bloom, D., Kemple, J., & Hendra, R. (May 1, 2003). The effects of a time-limited welfare program on children.

National Council on Alcohol and Drug Dependency — NJ: Funding addiction agency moves to help propel state's reform of D.Y.F.S. Retrieved April 5, 2004, from

North American Resource Center for Child Welfare.

Office of Community Services. Retrieved April 5, 2004, from

Peoria, P. J., Whittaker, K., Maluccio, A. N., Barth, R. P., & Plotnick, R. D. The Child Welfare Challenge.

What's wrong with D.Y.F.S. Retrieved April 3, 2004, from