Legislative Program Review and Investigations Committee
Department
of Children and Families
Chapter I
Chapter
I
Overview of
Children's Services
Prior
to the 20th century in Connecticut and other states, children's
services were provided by local and county governments or private charitable
organizations. State government
had little funding or administrative responsibility for the education, care,
or support of Connecticut's children and youth.
In Connecticut, towns had primary responsibility for supporting their
dependent residents -- those who were poor or "mentally defective,"
as well as orphans and neglected children.
[1] Delinquent
children, too, were handled by local authorities, usually municipal police
departments, and housed in town jails. <![endif]>
During
the 1800s, county boards of management were responsible for finding
"temporary homes" -- the precursor of today's foster homes -- for
dependent and neglected children. The
first statewide agency with a role in child welfare was the State Board of
Charities, established in 1884. It
was responsible for a wide variety of public welfare services, including
almshouses, an institute for the
blind, the state reformatory (prison), homes for the aged, infant boarding
places, insane asylums, orphan asylums, and institutions for girls and
paupers. Its initial role in
child welfare was limited to recommending to the county boards suitable family
homes to serve as temporary residences.
Also in the mid-1800s, the first state juvenile institution, a reform
school for delinquent boys administered by a board of trustees, was
established. During this
same time period, the first state mental hospital, similarly supervised by a
trustee board, was founded to care for insane persons of any age.
Later, the state also established institutions -- residential training
schools -- for mentally retarded
persons and a state reformatory school for girls.
Over
time, primary responsibility for child welfare, mental health and juvenile
justice shifted from local to state government.
State social service mandates broadened and the number of programs and
facilities to carry them out increased. Also,
with greater awareness of how children’s treatment needs and service
requirements differ from adults, separate children’s facilities and units
were created and age-appropriate programs were developed.
The
state welfare department, which replaced the charities board in 1921,
eventually became responsible for supervising wards of the state, operating
the aid to dependent children program, and reviewing the family situation of
cases presented in juvenile court. By
the 1960s, its child welfare division was also investigating and responding to
reports of child abuse and neglect. Offices of mental health and mental
retardation created within the state public health department in the 1920s
became independent departments responsible for overseeing state-supported
services and facilities for those client populations in the 1950s and 1960s.
A statewide juvenile court system was created in 1941, and in 1969, a
state agency, the Department of Children and Youth Services, was established
to provide care and custody of adjudicated juvenile delinquents.
In the 1970s, Connecticut became the first state to consolidate
juvenile justice programs, child
protective services, and children’s mental health functions in a single
executive agency focused solely on children and their families.
Legislation enacted in 1974 significantly expanded the mandate of DCYS
to include: (1) psychiatric and related services for children transferred from
the Department of Mental Health; and (2) protective services functions for
dependent, neglected, and uncared-for children formerly assigned to the state
welfare department.
The
1974 act also established a commission to study the consolidation of
children’s services that was charged with preparing an action plan for the
transfer of mental health services. In
its plan submitted to the General Assembly in 1975, the commission outlined
recommended goals, a structure, and programs for the new department, noting
the end result is an agency with major responsibility for a large number of
seriously disadvantaged children (delinquent, dependent, neglected,
uncared-for, mentally ill, and emotionally disturbed) and the potential for
treating each one according to his or her needs, whatever they may be.
Since
the 1974 consolidation, no major changes have been made in scope of the
department’s mandate although a few specific programs have been transferred
in and out of the agency. The
department maintained its independent status through a number of government
reorganization efforts over the last 20 years and only underwent a name
change, to the Department of Children and Families, in 1993.
At
the same time, there have been significant policy shifts, prompted by both
state and federal initiatives, that have had an impact on how DCF carries out
its mandates. For example, there
has been a renewed emphasis on protecting children since 1995, in response to
the deaths of and serious injury to several children involved with the
department. New federal laws stressing permanency require state child welfare
systems to shorten the length of time children spend in out-of-home care
without a long-term goal and reduce the amount of time birth parents are given
to meet the objectives of a treatment plan in order to regain custody of their
children. The more punitive
approach for serious juvenile offenses called for by the state's 1995 Juvenile
Justice Reorganization Act has focused attention on the effectiveness of court
commitment to the state's only secure facility for adjudicated delinquents,
Long Lane School. The impact of managed care on access to mental health
services has led to questions about the availability of appropriate treatment
for emotionally disturbed and mentally ill children.
However, the factor that has most influenced the Department of Children and Families over the past 10 years is the 1991 Juan F. v O’Neill federal consent decree. The consent decree, described in detail in Chapter II, has mandated the department and legislature to focus resources and activities on child protective services, especially the foster care system. As analysis presented in Chapters III and IV shows, the consent decree has been the driving force behind the most recent improvements in DCF operations and the increase in appropriations for child protective services and related staffing. However, by prioritizing protective services over other mandates, the consent decree has contributed to a decrease in attention and resources that might otherwise have been focused on juvenile justice, mental health, and prevention mandates. In effect, the consent decree has promoted separateness rather than integration of DCF's primary mandates.
It
is important to note the legislative and organizational changes that have
occurred in child protection, juvenile justice, and mental health services are
the result of many factors. Federal
mandates, court decisions, medical advances, advocacy groups, and public
opinion all have had an impact on the development of the current system.
As Figure I-1 illustrates, changes in one mandate area are often
paralleled in the others. A
brief legislative history of each service area highlighting these various
factors is presented in Appendix A.
The major federal mandates that have an impact on children’s services
in Connecticut are summarized in Appendix
B.
Goals
of Children's Services Systems
A
frequently stated goal for children’s services is a “seamless system of
delivery,” with a single point of entry, a continuum of care, and funding
that follows the child. Comprehensive,
integrated service systems are viewed as critically important for children.
Children tend to have multiple needs that change as they grow and develop.
From
the early 1900s through the present time, a number of studies, reports, and
surveys have been conducted in Connecticut examining the needs of neglected,
dependent, and delinquent children, mental health issues related to children,
and ways to improve services to children.
The earlier reports called for greater attention to children’s
services and a stronger state role in providing them.
All contained one or more of the following recurring themes:
· coordination, communication, and joint planning needed;
· study/research/understanding of children's problems needed;
· treatment of the whole child and/or family required;
· mental health services lacking for children;
· specialized services, separate from adults, needed;
· critical services lacking, existing services too fragmented, and gaps and overlaps in service delivery; and
· early discovery/identification/intervention critical and prevention is a must.
Findings from many of these studies were used in 1975 as evidence of the need to establish a consolidated children’s agency in Connecticut with a commissioner whose priority and commitment is to the needs of children. Supporters of the consolidated children’s agency expected the new department would:
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·
be important enough to have parity with other human services
agencies;
·
increase the state's commitment to prevention of emotional,
developmental, behavioral, and social problems of children; and
·
increase the quality and effectiveness of children's services.
The overall goal for the new consolidated agency was to provide
leadership and support in developing a comprehensive statewide network of
public and private programs and services.
The network would be designed to: promote the sound growth and
development of all children; prevent dependency, neglect, delinquency, and
mental illness and emotional disorder in children; identify children at risk;
and restore children to useful functioning.
In addition, it was intended the new department, together with citizens
advisory councils and private voluntary organizations, would provide broad
advocacy for children and help safeguard their basic rights.
Organizational
Models
State
structures for providing child protection, children's mental health, and
juvenile justice services vary considerably.
However, there are three main organizational models: (1) multiple
agencies; (2) multiple divisions within an umbrella agency; and (3) a
consolidated children's services agency.
To date, there is no consensus on an ideal structure for child welfare
services or for human services generally.
Other
state structures.
The current administrative structures for children's services for all
50 states are summarized below in Table I-1.
As the table shows, the vast majority of states (38) have adopted a
multiple agency approach with two or more autonomous, cabinet-level agencies
having separate chief administrators, budgets, and policy development
processes, each responsible for protective services, juvenile justice, and
children's mental health.
Seven
states (Alaska, Arkansas, Iowa, New Hampshire, North Carolina, Pennsylvania,
and Utah) fall under the umbrella agency model, maintaining two or more
separate divisions within a single cabinet-level agency.
The divisions in these states are organized around specific populations
or functions and typically share a single chief administrator, budget, and
policy development procedure. Only
five states -- Connecticut, Delaware, New Mexico, Rhode Island, and, most
recently, Tennessee -- have created a single, autonomous, cabinet-level agency
responsible for administering child protective services, mental health
services for children, and juvenile justice services.
The
most common combination of services in multiple agency states is protective
services and juvenile justice. Twenty-two
states administer protective services and juvenile justice within a division
under an umbrella agency. Thirteen
states administer protective services and mental health services for children
via one agency or a single division within an umbrella
agency.
Six states administer juvenile justice and mental health services for
children by way of a single agency or particular division within an umbrella
agency.
Table I-1. Current State Administrative Structures for Child and Families Services(Child
Protection, Juvenile Justice, and Children's Mental Health)
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|
Model |
Multiple Agencies |
Multiple
Divisions in Single
(Umbrella) Agency |
Consolidated Agency |
|
Description |
Two
or more Autonomous Cabinet-level
agencies
Separate
chief administrators, budgets, policy development |
Two
or more separate divisions within single cabinet-level agency
Divisions
organized around population or function
Same
chief administrator, overall budget and policy development |
Single,
autonomous cabinet-level agency |
|
States |
38
states
3 agencies -- 17
2 agencies -- 21 |
7
states (AK,
AR, IA, NH, NC, PA, UT) |
5
states (CT,
RI, DE, NM, TN) Texas
considering
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|
Sources of Data: Ct. Office of Legislative Research, National Conference of State Legislatures, The Council of State Governments, and LPR&IC staff telephone survey of children’s services agencies in other states. |
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Coordination
mechanisms.
Results of a telephone survey of other states conducted by program
review committee staff showed at least nine states have an executive branch
human services cabinet or a similar body responsible for coordinating services
for children on a statewide basis. However,
the presence of such a coordinating body seems unrelated to a state's
administrative structure for child welfare services. Other modes of
coordinating and integrating services for children common among the states
surveyed included: preparation of a children’s budget, which identifies all
resources expended by a state to benefit those under 18; formal statewide
children's needs assessments; memoranda of understanding or agreement among
state agencies responsible for serving children; and interagency coordinating
committees. These various
mechanisms occur irrespective of whether a state has a consolidated or
multiple agency approach for providing services to children and youth.
Concerns
and trends.
Regardless of their type of organization, state children's agencies are
experiencing similar challenges in the delivery of services.
For example, a number of states interviewed reported substance abuse
treatment programs and prevention efforts are generally lacking.
A number also reported having difficulties coordinating services for
children with multiple needs or for those who are dually committed (e.g.,
delinquent and under agency care because of abuse or neglect).
Another problem noted by most states surveyed is that children's
service systems are not well coordinated with adult service systems,
particularly in the area of mental health.
A widely noted observation crossing state boundaries is that many youth
in critical need of mental health services “age-out” of the custody of
their children's agency, but do not transition to the adult system.
Left without treatment, they often engage in criminal activity and end
up in the adult correctional system.
A growing trend among the states surveyed is the development of
innovative community-based approaches to treating abused, neglected,
delinquent, and mentally ill children. Indiana,
for example, began to develop “pilot communities” in 1998 that are working
to identify and overcome regulatory, fiscal, and policy barriers to the
integration of services for children and youth.
Missouri created the “Interdepartmental Initiative for Children”, a
consortium of the Departments of Elementary and Secondary Education, Mental
Health, and Social Services, designed to be a more responsive and localized
approach to treating children with severe behavioral health needs.
Oregon’s Commission on Children and Families has identified core
statewide goals and given local citizens' commissions responsibility for
developing and implementing their own plans to achieve better outcomes for
children and families through strong community supports and prevention
efforts. Georgia, through its
children and families policy council, also has established benchmarks intended
to improve results for children and families, and is promoting local community
partnerships as a way to develop comprehensive, integrated services with a
bias toward prevention. Finally,
in Florida, legislation to privatize foster care and certain related child
welfare functions, including child protection investigation responsibilities,
is under consideration by the state senate as a way to strengthen community
involvement in child and family services.
Objectives.
Consolidated and multiple agency models have both strengths and
weaknesses. For example, while
consolidation can reduce duplication and improve communication and
coordination, the resulting agency can become too large to be managed
effectively. In addition, service
components within a consolidated agency must compete for attention and
resources in what becomes an internal battle out of the view and support of
the service's constituency. With
multiple agencies, expertise, specialization, and accountability can be
promoted, but “turf wars” are often a by-product.
Historically,
consolidation has been pursued as a way to reduce fragmentation of services,
streamline programs, and contain administrative costs. However, it must be
remembered restructuring alone may not overcome turf issues, policy conflicts,
lack of leadership, inadequate funding, poor management, and other factors
that impede effective service delivery.
While
the perfect structure for administering and delivering children’s services
has not been identified, experts agree it would have the following traits:
· family-focused services;
· prevention-oriented;
· comprehensive continuum of services;
· “flexible” funding;
· well-trained staff with manageable caseloads;
· community-based services responsive to local needs;
· accountability; and
· communication and collaboration encouraged and facilitated [2] .
[1] In the 19th century, dependent and neglected children were statutorily defined as "waifs, strays, and children of prisoners, drunks, or paupers and those committed to hospitals, the almshouse, workhouse, and all deserted, neglected, cruelly treated, or dependent children or children living in a disorderly house or a house of ill-fame or assignation".
[2] Putting the Pieces Together: Survey of State Systems for Children in Crisis, Susan Robison, National Conference of State Legislatures, 1990.