Differ on NYPD Responsiveness
Kelly, ACS Staffers At Odds

By HOWARD MEGDAL

Police Commissioner Raymond W. Kelly told the City Council Feb. 21 that despite a sharp increase in child-abuse reports since the death of Nixzmary Brown was reported Jan. 11, "close working relationships" between the Police Department and Administration for Children's Services workers have allowed the NYPD to handle the load.

The Chief-Leader/Pat Arnow INSISTS AGENCIES COORDINATE: Police Commissioner Raymond W. Kelly tells a City Council hearing that the NYPD and the Administration for Children's Services have a good working relationship, but that in the case of Nixzmary Brown ACS did not have enough information about her alleged abuse by her stepfather to ask police to intervene.

But ACS Caseworkers and their union leader painted a picture of long delays in police assistance and reports coming weeks late or not at all. They also disputed Mr. Kelly's claim that no Instant Response Team had been called for by the Caseworkers handling Nixzmary's case.

Focus on School Meeting

The Council grilled Mr. Kelly on what intervention by the NYPD might have prevented Nixzmary's death, with particular scrutiny given to the Dec. 1 meeting at her school that included school officials, NYPD detectives, ACS Caseworkers and Nixzmary's stepfather, Cesar Rodriguez, who has been charged in her death.

The Chief-Leader/Pat Arnow DISPUTES KELLY'S CLAIM: Charles Ensley, who as president of Local 371 of District Council 37 represents Caseworkers at the Administration for Children's Services, contradicted Police Commissioner Kelly by telling the City Council that his members had sought the NYPD's help in probing reports that Nixzmary Brown was the victim of child abuse.

Of concern to many Council Members was the failure by ACS to request an IRT, which combines the agencies in the investigation of a case.

"It is not at all clear to me that ACS had enough information for an IRT," Mr. Kelly said. "You need specific reports of abuse, and I'm just not sure ACS had that on Dec. 1."

Councilman Bill de Blasio was surprised at Mr. Kelly's response, "given that a school official had called this meeting over specific concerns of abuse." "Are our standards not clear enough, or too lax?" he asked.

Mr. Kelly replied that without a cue from ACS to intervene, his Detectives would simply follow protocol. The Detectives present at the Dec. 1 meeting, he explained, attended due to a personal request by one of the Caseworkers who was concerned that Mr. Rodriguez might become belligerent.

Union Disagrees

That version of events was strongly disputed by the union leader of the nowsuspended Caseworkers, who said his workers' requests for NYPD help, as well as an IRT, predated the Dec. 1 meeting.

"These workers have been charged with misconduct, and this [request] will be part of their defense," said Charles Ensley, president of District Council 37's Local 371, which represents ACS Caseworkers. "Once that happens, we will bring you these workers to share that information."

Due to the continuing investigation, and Mr. Ensley's stated desire "not to try this case in the press," he declined to elaborate on the evidence he had of the IRT request.

Explosion of Cases

Mr. Kelly also detailed the larger strain being put upon his department by the additional child-abuse calls spurred by the Nixzmary case. He said that if present trends continue, the average caseload for Special Victims Unit Detectives, who handle child-abuse cases, will jump from 48 cases to 93 cases by the end of this year. Instant Response Team formation has jumped 226 percent from January of 2005 to the start of this year.

Councilman Peter F. Vallone Jr. acknowledged the budgetary constraints on Mr. Kelly when he noted that despite losing 4,000 police officers since October 2000, "We know you can't say that you need more officers."

The Police Commissioner did note satisfaction with the IRTs when deployed.

"They are very clear [delineations of authority] and very effective, " Mr. Kelly said. "The police do the criminal investigation, while ACS has a lot of other responsibilities as far as children are concerned. We respect and support each other's work."

Dispute Kelly's Claims

Several ACS workers, however, complained of difficulty getting police assistance in a timely manner.

"I had an instance recently when I got a warrant," Shelley Brown, a Caseworker from The Bronx, told the Council. "I took it up to the 47th Precinct, and they told me they didn't really like to execute warrants from Queens Family Court, because they have to stay all day."

Ms. Brown also spoke about the lack of response when she asked for help getting into a residence. Mr. Rodriguez denied Caseworkers access to his home on Dec. 8, and ACS was roundly criticized for making no further attempts to enter before Nixzmary's death.

"I once waited for two hours after calling for a police officer, when a guy wouldn't let me into the residence," Ms. Brown said. "We only got one because my co-worker flagged down a passing police car outside."

Council Members expressed disbelief that once a Caseworker was denied access to a home, it could be days before even an expedited attempt at a warrant would be granted in Family Court, which is closed on weekends.

Mr. Kelly said that in cases where there are audible cries for help, police would be justified in entering a residence without a warrant.

"But isn't there enough suspicion if a Caseworker is simply not granted access?" Councilman de Blasio asked.

"You'd go to Family Court," Mr. Kelly said. "You'd get the warrant. We need to be careful to respect the law. There are Miranda warnings, you gather evidence, then you confront the perpetrator."

Mr. Kelly said that his department was conducting its own study of what changes to the protocol it believes are needed and would make a presentation to the Mayor in a few weeks.