By Tim Smith CAPITAL BUREAU tcsmith@greenvillenews.com
COLUMBIA -- The state agency responsible for protecting children
from abuse and neglect has repeatedly violated the law in recent
years, according to an audit report released Wednesday.
The Legislative Audit Council, the Legislature's watchdog agency,
looked at the state Department of Social Services child protective
services and reported violations of both law and policy over a
three-year period.
The violations range from a failure to enter abuse cases into a
central registry used for background checks, to delayed visits to
child victims and postponed abuse investigations, to a lack of
disciplinary action against DSS employees who violated policy or the
law.
"When DSS does not follow state law and DSS policy, children who
are victims of abuse and neglect may be at greater risk of
additional harm," wrote the authors of the LAC audit.
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The report also found that some judges have not always ordered
that convicted sex offenders be placed on the state's central
registry for abuse and neglect of children, something required by
law.
DSS Director Kim Aydlette, in her written response to the report,
noted that her agency had already changed procedures as a result of
the audit and was in the process of hiring 350 new child welfare
workers statewide after sustaining years of budget cuts that had
slashed about 27 percent of the agency's work force since 2001. She
said she supports higher pay for caseworkers, as well as many of the
policy changes recommended by the audit.
"Many of the issues addressed have been problems historically in
the program," she wrote, "and many issues are, according to the 2003
Federal Child and Family Services Review, challenging states around
the country."
Lawmakers asked for the audit after three Rock Hill children were
killed while DSS investigated their family. Police said the children
were drugged and had their throats slit by one or both parents, who
also died.
Rep. Gary Simrill of Rock Hill, one of the legislators who asked
for the review, said he found the results "troubling" but a positive
step in ensuring no other children are harmed because of a lack of
manpower, poor supervision or paperwork blunders.
"We just need to move forward from here and take swift and
corrective measures to be sure that no other families fall through
the cracks," he said.
The DSS program handles 25,000 complaints annually of abuse or
neglect of children. Auditors looked at child protective service
activities in five counties: York, Kershaw, Bamberg, Lexington and
Marlboro.
They found that DSS had not seen all its child abuse victims and
their families each 30 days, a DSS policy, nor had they completed
abuse investigations within 60 days, a state law.
In one case of sexual abuse in Kershaw County, the child was not
seen for three months, the audit reported. In a case of sexual and
physical abuse in York County, the child and family were not seen
for more than four months, according to the review.
In Lexington County, auditors estimated that in 5 percent of the
county's nearly 1,500 abuse cases during one year, the
investigations were not completed within 60 days. In some cases, the
determination took more than 100 days, according to the LAC.
The review also found problems in getting sexual offenders names
onto the agency's central abuse registry, used by state agencies and
private employers for background checks for those who work with
children.
The audit report found that in 39 percent of the 77 cases of
sexual abuse it sampled, DSS had not followed the process for
placing the offenders in its registry.
In 20 cases of convicted sexual offenders in Bamberg and
Lexington counties, auditors found, judges had not ordered as part
of the offenders' sentences that their names be placed on the
registry, although that is required by state law.
The audit did not identify the judges.
Rosalyn Frierson, director of the South Carolina Court
Administration, wrote in a response to the audit that her office
would monitor judges and clerks concerning the registry. She said a
state sentencing form is being revised as a result of the report.
The review reported there were 42 disciplinary actions against
child protective service workers statewide during the three-year
period, including eight firings.
"While disciplinary action should not be taken for all
violations, we found significant violations of law and policy where
no action was taken," the report stated.
Aydlette wrote that DSS officials are working on mandatory
disciplinary policies and will help county offices track trends
through individual employees.
"However, I believe the agency will be in a position to more
consistently discipline workers when their caseloads are at a level
that lends itself to more consistent evaluation," she wrote.
She said the state has more recently met national standards in
child welfare following a 2003 federal review. |