Skeptical on Changes: Council Grills ACS On Abuse Triggers

Skeptical on Changes
Council Grills ACS On Abuse Triggers

By HOWARD MEGDAL

Officials from the Department of Education and Administration for Children's Services testified before the City Council last week about the status of initiatives taken to improve the responses of the two agencies following the January death of 7-year-old Nixzmary Brown.

The joint meeting of the General Welfare and Education committees found many members skeptical of both the speed and effectiveness of the changes. Questions ranged from how quickly school attendance issues are resolved to how long it will take for the city's new computerized child-abuse case-tracking system, ChildStat, to be implemented.

New Enforcement Rules

"The number of absences that trigger a 407 [excessive absence report] are the same," said Michelle Cahill, Senior Counselor on Education Policy to Schools Chancellor Joel I. Klein. "What comes next is now different."

Ms. Cahill was referring to the 10 consecutive absences, 20 aggregate absences or eight consecutive absences if a previous report has been filed that require a school to initiate an investigation into possible educational neglect.

"This investigation should include efforts to contact the parent guardian by phone and by a home visit, as well as speaking to neighbors, [a] building superintendent, or friends who may have information about the student's whereabouts," she said.

Despite those regulations, Nixzmary Brown missed 46 days of school in the academic year prior to her death without a DOE finding of educational neglect. Ms. Cahill reiterated that the new regulations will provide an expedited process that will help to avoid those mistakes.

Schools will now be required to complete a report within 10 days after the absences are reported. If the school fails to meet that deadline, the regional attendance supervisor for the school will have five days to help complete the investigation.

"We are providing a system-wide greater focus on enforcement," Ms. Cahill said.

United Federation of Teachers Randi Weingarten praised the changes but expressed the belief that more can be done.

"That 'more' involves a better interface between ACS and school staff such as counselors and Attendance Teachers who are involved in intervention and guidance services," Ms. Weingarten told the committees. She said that additional staff would allow more scrutiny of parents who had figured out how to "game the system."

ChildStat Delays

Zeinab Chahine, Executive Deputy Commissioner for Child Welfare Programs, spoke on behalf of ACS. Her assertion that ChildStat would not be fully operational until December drew the ire of General Welfare Committee Chairman Bill de Blasio, who said the implementation time was too long.

ACS was quick to backtrack from Ms. Chahine's timetable after the hearing.

"She spoke in the heat of the moment," ACS spokeswoman Sheila Stainback said in an April 13 phone interview. "It will be operational in June, and fully operational in December."

Manhattan Council Member Jessica S. Lappin was pleased by Ms. Chahine's declaration that "any ACS Caseworker that wanted a cell phone received one." Ms. Lappin had pushed for Caseworkers to be equipped with phones in previous oversight hearings.

Ms. Chahine noted that not every Caseworker had accepted a phone and said that requiring them to would need to be negotiated.

"We can't just mandate it," she said.

Charles Ensley, president of District Council 37's Local 371, which represents ACS Caseworkers, said that the city had not met with them regarding cell phones.

"That would be a condition of employment, so it would have to be negotiated with us," Mr. Ensley said in an April 14 phone interview. "We told them that in the absence of negotiations, phones would have to be voluntary. But we'll meet and discuss anything."