Report: DSS erred
By Andrew Dys The Herald

(Published February 2‚ 2005)

In a sex abuse case that ended with the killing of three Hispanic children by one or both of their parents, social services workers did not follow their own rules for helping people who speak limited English, a state investigation has shown.

Two Department of Social Services employees were suspended and another was given a written reprimand, state DSS Director Kim Aydlette said in a statement. All three still work at DSS.

DSS found "flaws in supervision and case practice" in the investigation of Jose Denis Meza of Nicaragua, who was accused of sexually assaulting his oldest daughter, Denia, 14, in York County.

Officials will not identify those flaws.

DSS has taken steps to ensure the policy is followed, the statement said. It said the steps "are not based on a determination that action or inaction by DSS staff caused the deaths of the Meza children."

In early August, Meza, his wife Marbely, Denia and the younger children, Denise 8, and Jayro, 5, were found dead in their burned house on Crestview Drive. An investigation revealed the throats of the three children had been slashed and Denia had been sexually assaulted shortly before she was killed.

DSS became involved with the family in May after allegations of sexual abuse surfaced. In an action plan agreed to by both Denis Meza and his wife, he was barred from living at home or having contact with his family.

In a separate police investigation, he was arrested in July on two counts of molesting Denia. He was due to appear in court only days after the murders.

A policy called "Limited English Proficiency/Sensory Impairment Policy Procedures" was distributed in September 2002 by DSS state officials, Aydlette's statement said, which established resources in every county office for communicating with clients who speak little or no English.

The policy was in place for almost two years but was not being used, the statement said.

Because of the Meza case review, the policy is now cross-referenced in other agency manuals, Aydlette's statement said.

Now, if caseworkers work with someone who speaks limited English, workers are required to consult the policy manual, William-son said.

Williamson wouldn't say whether DSS officials knew of Denis Meza's arrest, whether DSS workers attended his bond hearing, or whether the DSS action plan was changed after Denis Meza's arrest.

Furthermore, DSS officials wouldn't say whether York County DSS had a Spanish-speaking caseworker, interpreter or volunteer working with the family.

Under state law, the state DSS director can withhold the internal review.

But state lawmakers, child abuse victims' advocates and local law enforcement all want answers about the DSS "flaws."

Further examination requested

Area legislators, including Rep. Gary Simrill and Sens. Wes Hayes and Linda Short said they backed further examination of the department's decision.

Concealing the DSS internal review and the disciplinary records keeps the public from judging whether DSS is doing its job well, said Bill Rogers, executive director of the S.C. Press Association. The DSS decision protects "only themselves," Rogers said.

"The public is paying the bill for all this," Rogers said. "No one knows if the punishment was too severe, for example. Safety is the issue for the public. They are asking 'What went on here?' And no one is telling them."

York County Sheriff Bruce Bryant said the case may give workers a better understanding of why the DSS protection plan did not work. Details of the sheriff's department's own investigation have not been released, but Bryant said he may announce today when he will release details of the criminal case.

Deputies are waiting on the State Law Enforcement Division to release fire and lab results.

DSS also will not name the disciplined employees, will not say why they were disciplined, and will not release an in-house review that details how DSS investigated itself, said agency general counsel Virginia Williamson.

Under state law, DSS can withhold its internal review from the public but the law does not address disciplinary records, which should be public domain, said Jay Bender, attorney for the S.C. Press Association.

Safety reasons an issue

Victims' advocates say the DSS findings should be made public for safety reasons, not to punish anyone.

"It is the responsibility of all of us in the state of South Carolina to find out what went wrong so we can protect other children," said Libby Sweatt-Lambert, executive director of the Children's Attention Home in Rock Hill.

Sen. Verne Smith, R-Greenville and chairman of the finance committee that funds DSS, said he'd also investigate. But budget cuts have made it difficult for the department to meet the growing demand, he said.

"It's a wonder they don't make more mistakes than they do," he said.

Andrew Dys • 329-4065 mailto:adys@heraldonline.com

Herald columnist Sula Pettibon contributed to this story.

Copyright © 2005 The Herald, Rock Hill, South Carolina