ACS Suspends 3 In Response To Child’s Murder; Failed to Act Despite Signs of Abuse; Union Critical

ACS Suspends 3 In Response To Child's Murder; Failed to Act Despite Signs of Abuse; Union Critical

By HOWARD MEGDAL

Administration for Children's Services Commissioner John B. Mattingly Jan. 18 announced the immediate suspensions without pay of three ACS employees, along with the reassignment of three others pending disciplinary hearings, and a host of other changes at senior levels of ACS, as the ripple effects of 7-year-old Nixzmary Brown's death continued to be felt.

The Chief-Leader/Pat Arnow 'HOLDING OURSELVES ACCOUNTABLE': Administration for Children's Services Commissioner John B. Mattingly tells reporters that the agency's primary failing in not preventing the murder of Nixzmary Brown, allegedly by her stepfather, was that 'We did not see to it that we got into that home.' Flanking him are two of the officials who will take a greater role in the agency's child-protective efforts, Associate Commissioners Gilbert Taylor and Jennifer Marino Rojas. Bloomberg administration officials subsequently said 525 additional child-protective staffers will be hired to cope with attrition and improve responses to abuse cases. That represents an increase of more than 55 percent in casework staff, which had been 934.

Reasons for Suspensions

Two of the three suspended employees were identified in media reports as Caseworker Joycelin St. Hill and supervisor Andrew Bartley. The name of the other supervisor was not available as this edition went to press.

Both Ms. St. Hill and Mr. Bartley handled Nixzmary's case in December 2005, but failed to get the police involved after Ms. St. Hill was refused entry to the child's residence by her stepfather, Cesar Rodriguez, who has been charged with her murder.

The other supervisor was involved in the May 2005 decision to not cite Mr. Rodriguez and Nixzmary's mother, Nixzaliz Santiago, for educational neglect despite the child having missed 47 days of class during the 2004-2005 school year.

'Failed to Protect Her'

"These workers failed to take the many basic steps necessary to secure the safety of the child," Mr. Mattingly said at a press conference at ACS's lower Manhattan headquarters.

Three other employees - two workers and one supervisor - were transferred immediately. All three were involved in either the May or December incidents.

MAYOR BLOOMBERG: Funds staff additions. Under the state Civil Service Law, the workers can choose between bringing their case to binding arbitration or in front of an Office of Administrative Trials and Hearings Judge.

The arbitration route must be invoked by the union, Social Service Employees Local 371 of District Council 37. It is a three-step process. Step 1 involves an informal conference between the worker and a local agency manager. At that point, the hearing officer determines what penalty the department is seeking.

In Step 2, an agency labor relations official conducts a hearing. The city can typically remove workers from payroll after that proceeding is completed. The final step is binding arbitration before the Office of Labor Relations.

Fears Chilling Effect

Local 371 President Charles Ensley warned against scapegoating, adding that the suspensions could have a chilling effect on caseworkers doing their jobs effectively.

He did not return calls to this newspaper, but he told the New York Times that "workers will start removing children at the least sign of abuse, and that is not good practice."

Mr. Mattingly, however, called the suspended workers' inaction inexcusable.

"They had options available to them," he said of the caseworkers denied access to Nixzmary's home, "and they did not use them to get in the home."

Other senior-level changes included giving Executive Deputy Commissioner Zeinab Chahine direct authority for the Division of Child Protection - a task she previously performed - promoting Gilbert Taylor from Assistant Commissioner to Associate Commissioner for Child Protection while giving him oversight of all borough field offices, and putting Associate Commissioner Jennifer Marino Rojas in charge of the ACS Child Safety Task Force.

Two Execs Demoted

Sharon McDougall was demoted from Acting Deputy Commissioner for Child Protection to Assistant Commissioner, and Assistant Commissioner Olivia Brown will now be relegated to administrative functions in Child Protection. Both will now report to Ms. Rojas.

Mr. Mattingly also announced the establishment of a new ombudsman unit, where any city staffer can raise concerns about the progress of an ACS investigation.

Despite the moves, which seem to signal system-wide failures, Commissioner Mattingly said he did not feel there was more he personally could have done to prevent the tragedy.

"When something like this occurs, a commissioner checks his conscience," he said. "Did I do everything in my power to put the proper channels into place? I believe I did that, but I'm redoubling my efforts."

Echoes of '96 Case

The disciplinary moves exceed the city's response to the beating death of Elisa Izquierdo in 1996. At that time only one Caseworker and one supervisor were suspended. The Giuliani administration sharply revamped its child-protective operations, however, creating ACS to replace Special Services for Children, which had been a bureau of the Human Resources Administration.

The Giuliani administration also added 200 caseworkers to deal with what were considered excessive caseloads for the child-protective staff of the Human Resources Administration.

Prior to Mr. Bloomberg's announcement that he was increasing agency staff, ACS spokeswoman Sharman Stein, asked whether caseloads were a problem that affected the employees facing discipline, said "It's our belief that they had the time and support to do their job, but it's one of the things we are looking into."