Cite Key Improvements
Death Mars ACS Progress

By HOWARD MEGDAL

Administration for Children's Services Commissioner John B. Mattingly cited progress in reducing protective services worker caseloads, but echoed City Council calls for additional initiatives to educate the public on when to report problems during a General Welfare and Health Committee meeting Oct. 26.

The Chief-Leader/Alana Marcu EXTRA RESOURCES PAYING OFF: Administration for Children's Services Commissioner John B. Mattingly tells a City Council committee that additional staff and a stronger focus on child-abuse cases have allowed the agency to assist more at-risk children even as it has lowered employee caseloads.

Overshadowing the hearing were questions about another child's death - that of four-month-old Preston Herzog, whose parents, Antonio Patterson and Tamirra Herzog, had been suspected, but never charged, in the death of their two-month-old, Leah Patterson, in 2000.

Changing Circumstances

"I can't help but notice the irony of coming here to talk about one set of circumstances, and instead we're dealing with another set of circumstances," General Welfare Committee Chairman Bill De Blasio said at the hearing. Mr. Mattingly addressed the Herzog case in his remarks, saying, "Like everyone, I was concerned to hear that another child in that family died six years ago. Like everyone, I want to know how that happened. But I don't have those answers yet today."

Mr. Mattingly said that ACS had taken a number of steps forward, thanks to reforms initiated after the January death of 7-year-old Nixzmary Brown.

"I am happy to say [we're] working extremely hard, and our workers are finding more children in need of our services," Mr. Mattingly said. "In addition, we have also managed to bring caseloads down to [an average] of 12, achieving our goal set earlier this year." He added that this took place despite a continuing, dramatic increase in child abuse calls.

Increased Staff

Mr. Mattingly said the agency had managed to "stay ahead of attrition" by hiring 600 additional caseworkers.

"We had approximately 940 caseworkers when Nixzmary died," he said. "We've now got about 1,100, and another 60 in training."

But for many on the Council, the progress took a back seat to questions about Preston Herzog.

Noting that the city's Medical Examiner had labeled Leah's death a homicide, defined as "death caused by another person," Councilman De Blasio said that "there are obvious common-sense concerns here. I think we need to understand why your hands were tied legally in the absence of a murder charge."

Mr. Mattingly cautioned against a rush to blame, saying that "the current law does allow us, under this standard of evidence, to file charging abuse in Family Court. We are investigating what happened there, and what we can do better next time out. We can still go into Family Court and get custody of the children, and ask for a full fact-finding. But until we get in underneath what happened - I don't want to say the judge was wrong - there may not even have been enough evidence to even push forward in family court."

Sees Need for Oversight

Mr. De Blasio and other members of the Council generally had positive words for Mr. Mattingly. "I have personally become convinced over the past year that Commissioner Mattingly has handled this very well," he said, "I believe the only way we solve this is with Commissioner Mattingly's leadership. However, I do think it may be necessary to provide constant oversight of ACS, and possibly an independent review of the agency."

Public Advocate Betsy Gotbaum echoed Mr. De Blasio's support, saying that "the key to change, I don't believe, is to have a different name at the top of the agency."

She was far less conciliatory in her released statement, saying ACS's a "failed agency, it is part of a failed child welfare system," and demanding an independent review.