What the Child Advocate Does

by Laureen D’Ambra, Esq., R.I. Child Advocate

There is ample evidence of the public’s ongoing concern regarding America’s child welfare systems. As horrific reports of child physical, sexual and emotional abuse and neglect cases gain media attention and trigger the sensibilities of adults, state child-protection agencies face an increasing responsibility to not only intervene in troubled families but also to assume the day-to-day care of thousands of children.

For two decades the R.I. Office of the Child Advocate (OCA) has been a sentinel for our state’s abused and neglected children, overseeing the actions of our child-protection agency, the Department of Children, Youth and Families (DCYF). The OCA has statutory jurisdiction to review all aspects of DCYF operations. Included among OCA independent oversight duties are the following: to review allegations of institutional abuse; to investigate circumstances relating to child deaths when families are known to DCYF; to receive and respond to complaints regarding a child’s care or treatment: to conduct annual reviews of group-care facilities; to monitor compliance with the Children’s Bill of Rights law, state regulations and judicial consent decrees; and to make recommendations for systemic improvements and the resolution of problems.

In 1992 the American Bar Association on Children and the Law designated the OCA as a model ombudsman’s office. Since 1995 seven states have developed legal offices for children based on the Rhode Island model. This trend is based on a need for independent oversight and accountability within state government by child welfare staff and administrators.

Rhode Island’s DCYF is responsible, in varying degrees, for more than 8,000 children. To provide housing for children in out-of-home care, DCFY licenses about 1,660 foster homes and contracts with 90 in-state residential sites for 960 youth, and youth residing in out-of-state placements. In accordance with federal and state law, the OCA monitors the placement system to ensure that children involved with the state are protected from further harm. Over the years, the OCA has successfully worked with community advocates, service providers, the courts, legislators and DCYF to address all matters relating to the safety and well being of children.

State law provides the OCA with broad rights and powers. These powers include the right to communicate with any child at any time, to inspect, copy and/or subpoena records regarding the child, to subpoena people with whom the child has been placed or from whom the child has received medical/mental health treatment, and to see other confidential records. All information received and maintained by the office is confidential. Any child, or concerned citizen may contact the OCA with questions about the child welfare system, either to request assistance or to issue a complaint.

Within the past several years, the OCA has developed a new program, the Special Education Surrogate Parent Program, which advocates in educational matters for the population of children in DCYF requiring special education services. The Rhode Island Department of Education authorizes the OCA to represent nearly 1,000 children in this capacity.

The OCA provides a voice for children in DCYF care who do not have lobbyists at the State House or means to employ independent advocates. No entity, public or private, discharges the responsibilities of this office. As a state agency entrusted with the care of our most vulnerable children, skilled professionals must review DCYF actions and decisions. When deviations from policy and legal mandates are identified, the OCA makes recommendations for corrective action and oversees their implementation.

Consistent with our mission to assure that public and state officials improve the plight of these children, the OCA maintains an active role in the community. While raising concerns regarding child welfare services and juvenile corrections, the OCA also advocates for additional resources, policy changes, budget enhancements and adoption of creative initiatives to strengthen the system and improve services to children and youth.

The Rhode Island OCA model is not a panacea, but is a vital office that serves the interests of neglected and abused children in Rhode Island. It is hoped that the Rhode Island oversight system will continue to serve as an example and incentive for other state legislatures to create similar offices to protect the rights of all children in the United States.

This piece first appeared in the Providence Journal.

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