House OKs panel to study DHS issues Panel would focus on foster care system

AUGUSTA – The Legislature is a step closer to starting an investigation of the state Department of Human Services’ child protective system.

The House on Monday agreed to create an 11-member panel to review the foster care system. The proposal now goes to the Appropriations Committee, which will determine if the state can afford the study. Approval there is expected because the review is expected to cost only $7,450.

The Senate then can give the bill final approval.

The proposed probe follows the Jan. 31 asphyxiation death of 5-year-old Logan Marr, who died while in the care of her foster mother, Sally Schofield of Chelsea. Schofield, a former DHS caseworker, has been charged with manslaughter.

Schofield is accused of binding the girl to a highchair and covering her mouth with duct tape. Investigators say she told them that the child needed a “timeout” after waking up from a nap in a rage.

The issues arose before the girl’s death, but the foster care system has been under intense scrutiny as revelations about irregularities in the case have surfaced. Since then, the study would be one of two since launched by the Legislature.

Logan was placed in Schofield’s home in violation of a DHS policy barring placement of foster children with department employees. The policy is meant to avoid conflict of interest or the appearance of such and to avoid any difficulties that may arise from having department workers supervising their colleagues.

Other revelations include the failure of the caseworker to make a quarterly visit to Schofield’s home and to visit after the girl said she had been abused. Also Schofield asked for and received changes in a pre-adoption report after she complained it was too negative.

The commission will include lawmakers, lawyers, advocates familiar with the system and a DHS employee. A District Court judge will be asked to participate in the commission’s work, but will not serve on the panel.

Issues in the Marr case, as well as others, will be examined in the studies.

The investigations will look at how the state deals with children before removing them from their homes, the judicial process that places children in foster care, and the operations of the foster care system.

“We’re concentrating on the issues in court proceedings, before the child is taken,” said Rep. Charles LaVerdiere, D-Wilton, the co-chairman of the Legislature’s Judiciary Committee.

That committee proposed the task force after lawmakers filed several bills dealing with due process in child protection cases. The panel will look specifically at how well parents are informed of their rights, whether DHS fully discloses relevant information to parents and their lawyers, and whether DHS interviews with parents and others should be tape-recorded or transcribed.

Other issues include whether hearings should be public and what standard of proof the courts should use in making decisions.

The second study will be launched by the Legislature’s Health and Human Services Committee. It does not require legislative approval because it will be conducted by a standing legislative committee rather than by a specially created task force.

Both investigations will begin after the legislative session.