Overhaul envisioned for DCF, courts
New leadership may bring reform of state child welfare system
A changing of the guard is coming for Massachusetts’ child welfare system and with it, perhaps, an unusual opportunity to overhaul an overburdened system responsible for the well-being of more than 40,000 children.
Four key officials are departing in the coming year, or have already gone. Among them are two judges, both scheduled to retire over the next year, and the head of the Department of Children and Families, who stepped down this fall. In February, Michael Dsida will leave the Children and Family Law Division, which represents both parents and children in the child welfare system in court, after leading it for 17 years.
“It’s an exciting time,” said Rebecca Greening, a lecturer on law and a clinical instructor at the Family Justice Clinic, Legal Services Center of Harvard Law School. “New people, new visions.”
There isn’t unanimity, though, on what should change. Some see a system too quick to separate families, resulting in lasting trauma. Others fear the opposite, that children are too frequently allowed to stay in unsafe homes. These critics point to tragedies involving children such as Harmony Montgomery, a Massachusetts 5-year-old whose father is charged with killing her after she was placed in his care.
Along with Dsida, the departing officials include:
Linda Spears, DCF’s longest-serving commissioner. She left the agency this fall after eight years in the top job. She became president and chief executive of the Child Welfare League of America, a national child advocacy organization.
Jeffrey Locke, chief justice of the Massachusetts Trial Court. He is scheduled to retire in December. Among his duties, he chairs a working group reviewing court practices that can affect how quickly children are placed in homes.
Amy Nechtem, chief justice of the Massachusetts Juvenile Court. She is due to retire in 2024, though she has not set a date, a court spokesperson said. She has served on the juvenile court since 2001 and became chief justice almost a decade ago.
More than 41,000 children had active DCF cases as of 2022, according to the agency’s most recent annual report. The system is overburdened, with a shortage of stable placement options that has at times forced DCF to temporarily house children in apartments with social workers. Black and Latino
children are overrepresented in both the child welfare and foster systems. Massachusetts foster children are moved to different placements more often than their peers nationwide, according to the Massachusetts advocacy group Friends of Children.
“I’m hopeful a new administration will be bold and hold itself accountable to do this differently, knowing the poor outcomes we’ve had,” said June Ameen, a child advocate, volunteer with Citizens for Juvenile Justice, and former policy director of Friends of Children.
Revamping such a complicated system is difficult, though. The power to make changes is divided among several agencies and institutions, including DCF, the public defender’s office, the courts, and even the Legislature.
“Whether it’s the judiciary or CAFL [Children and Family Law Division] or DCF,” said Carol Erskine, a retired Worcester County juvenile court judge who is now an advocate for children, “each agency does not view itself as being in a position to make that change.”
Erskine has worked closely with the family that adopted Harmony Montgomery’s brother to encourage Massachusetts to form a commission to recommend changes for the child welfare system. She has concerns the system too often leaves children in unsafe situations.
“The law is so weighted toward parental rights that the best interest of the child does not have equal consideration,” she said.
Jay Blitzman, a retired first justice of the Massachusetts Juvenile Court, Middlesex Division, believes DCF should enact reforms that would provide more resources for parents.
“I think in child protection we need more of a focus on a proactive approach,” Blitzman said. “Families will do better if we attempt to reduce state intervention.”
About 73 percent of DCF’s investigations stem from neglect allegations, which can be prompted by a lack of proper housing, medical care, food, or supervision, all symptoms of poverty.
A new DCF commissioner hasn’t been named. Staverne Miller is currently serving as acting commissioner.
The administration of Governor Maura Healey seeks to appoint someone, “who is committed to supporting the safety and well-being of Massachusetts children and promoting equity,” a spokesperson for the Office of Health and Human Services said.
In a recent email about his departure, Dsida, who holds the position of deputy chief counsel for the Committee for Public Counsel Services, highlighted his criticisms of the existing system. He is among those who are concerned children are removed from homes too often, separations that can cause devastating chasms between the children and their parents and siblings, he said.
“What I hope for from all of them is a willingness to be more self-reflective about their respective organizations,” said Dsida, “to learn from experts (including from families within Massachusetts and from other programs and systems throughout the country), and to collaborate authentically from top to bottom.”
A potentially transformative task for his successor, who has not yet been selected, will be recommending to the public defenders office’s chief counsel how to use nearly $15 million in new federal money. Some of the federal funds will be used to support private attorneys representing families in the child welfare system. Other plans include using it to give parents and children more timely access to quality representation.
“That funding provides us options that we’ve never had before,” Dsida said.
Greening, of Harvard Law School, is optimistic about the possibility of providing people with legal representation more quickly after they begin interacting with the child welfare system.
“The huge opportunity here is to move us toward the gold standard for a multidisciplinary model,” she said. “Defense attorney, peer support for the parent, and social worker to help access resources.”
As they search for new leaders, Greening encouraged state officials to look beyond Massachusetts.
“A national search I think would be great,” she said. “We need fresh eyes.”