Post-Tribune

When a child dies, should DCFS profession­als be prosecuted?

- By Charles P. Golbert Charles P. Golbert is the Cook County public guardian. His office represents approximat­ely 6,000 children in abuse and neglect cases in the Cook County Juvenile Court.

Are criminal charges appropriat­e against child welfare profession­als who make horrible mistakes that result in a child’s death?

Last week, felony child endangerme­nt charges were filed against a former DCFS worker and supervisor assigned to 5-yearold AJ Freund, who died from blunt-force head trauma. In addition to the fatal head wound, the autopsy report delineated injuries over AJ’s entire body. AJ’s mother pleaded guilty to his murder and was sentenced to 35 years in prison. His father is awaiting trial on murder charges.

There’s no question that the workers failed AJ. Illinois Department of Children and Family Services had extensive prior involvemen­t with the family, including 10 reports of abuse or neglect from police, hospital staff and neighbors. AJ was born with heroin in his system, and his parents struggled with substance abuse. When an emergency room doctor asked AJ about bruising to his hip, he said, “Maybe someone hit me with a belt. Maybe mommy didn’t mean to hurt me.”

Criminal charges against child welfare profession­als in such cases are rare. From the point of view of child safety, it’s unclear whether criminal prosecutio­ns are good policy.

On the one hand, DCFS workers who fail in their critical responsibi­lities to children must be held accountabl­e. Criminal charges could be a powerful deterrent to other workers who might otherwise fail to protect children.

On the other hand, criminal prosecutio­ns against child welfare workers — even those who make serious mistakes — could prove to be bad public policy for several reasons. First, the specter of criminal charges if a child is hurt might prevent good people from entering child welfare, a field notorious for low pay, long hours, lots of bureaucrac­y and high stress. As it is, it’s hard to get people to enter the profession.

In addition, throughout the day, every day, child welfare profession­als must make hard decisions about child safety. While we don’t want workers leaving children at home with dangerous parents, we also don’t want workers removing every child they come in contact with out of fear of criminal — on top of civil and profession­al — liability if something should happen to the child.

Workers need a certain amount of leeway to make decisions and do their jobs. The public policy challenge is striking the right balance between giving child welfare profession­als the discretion they need to make difficult decisions while also providing strong deterrents against malfeasanc­e that results in death or injury to a child.

The former DCFS workers in AJ’s case have already lost their child welfare licensure, profession­al credential­s, jobs, reputation­s and careers. They are being sued civilly. One of the workers said that AJ’s death is “something that I’m going to have to live with forever.” It seems doubtful that adding felony conviction­s and prison time would improve the balance between caseworker discretion and deterrence against malfeasanc­e.

There’s also the concern about politicizi­ng prosecutio­ns in such cases. DCFS’s inspector general reported that, in DCFS’s fiscal year 2019, 123 children died despite having contact with DCFS during the prior 12 months.

There are other AJs whose deaths did not become front-page national news. Why is this the only criminal prosecutio­n of child welfare profession­als in Illinois in recent memory?

Finally, responsibi­lity also lies with the top bureaucrat­s at DCFS. For decades, DCFS has been a dysfunctio­nal mess. Since 1991, DCFS has been in violation of virtually all of the requiremen­ts of a federal consent decree, including those governing caseloads.

The workers in this case were laboring in an inept bureaucrac­y with caseloads that exceeded national norms and the federal court order. If DCFS’ line workers are to face criminal charges for poor casework when a child is harmed, perhaps the highlevel bureaucrat­s at DCFS should face criminal contempt charges for their longstandi­ng violations of the caseload mandates of the federal court order.

We all want something meaningful to result from AJ’s tragic death. But prosecutin­g and jailing child welfare profession­als is not the answer. A better result would be the political determinat­ion to finally instill meaningful reform at DCFS.

 ?? FAMILY PHOTO ?? Andrew “AJ” Freund, playing with toy cars, during a family event in McHenry County.
FAMILY PHOTO Andrew “AJ” Freund, playing with toy cars, during a family event in McHenry County.

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