Should negligent child welfare workers spend time behind bars?

NPR covered an intriguing story last week about a pending New York criminal case that may have repercussions for child welfare workers across the country.

Chereece Bell was a CPS supervisor in New York City. She supervised some of the worst cases of abuse in Brooklyn in an agency department called the “Hospital Unit.” When a child whose case was handled by Damon Adams (one of her caseworkers) died, she and Adams were fired. But the worst was far from over for Ms. Bell. Six months later, Chereece Bell received a knock at her door and was informed that she and Bell were being charged by the Brooklyn District Attorney’s office with criminally negligent homicide. The NY Times broke the story here.

Jennifer Gonnerman, in her New York Magazine article “The Knock at the Door,” explains that the decision to charge the two former employees was made after superiors at the child welfare agency searched the organization’s computer database and found no record of notes for the four-year-old. The girl was repeatedly beaten and weighed only eighteen pounds when she died. Her grandmother was indicted on manslaughter and other charges.

No notes at all? Seems pretty incriminating at first glance, but Gonnerman dug deeper. After interviewing other agency caseworkers, she found that Adams had allegedly visited the family five times over several months. Gonnerman also found that it was standard procedure for caseworkers to be weeks behind in entering notes into the computer database because of demanding caseloads and large amounts of paperwork. The question of whether the evidence Gonnerman found in her interviews will be enough to exonerate Bell and Adams will eventually be decided by a jury of their peers.

As the case works its way through the criminal justice system in New York, it will be interesting to see if a new precedent emerges. Will caseworkers across the country be criminally investigated if one of the children on their caseload is injured or killed? Will agencies create new regulations to prevent similar situations from occurring in their jurisdiction?

The case has received international attention. Unfortunately, no matter how the criminal case turns out, the underlying problem appears unaffected. Perhaps investigators should focus on whether this was truly a case of incompetent work, or whether the underperformance occurred as a result of too few resources allocated to such an important purpose.

Alex Hunt

About Alex Hunt

Alex Hunt is a former Yale & Irene Rosenberg Graduate Fellow at the Center for Children, Law & Policy. Alex graduated from the University of Texas in 2008 with a Bachelor of Arts in government. Before entering law school, he taught middle school math at YES Prep Southwest in Houston with Teach For America. In 2010, he received New Leaders' EPIC Spotlight Teacher Award, a national award for teachers with outstanding student growth. Alex graduated cum laude from the University of Houston Law Center in May 2013. During law school, Alex was Casenotes & Comments Editor for the Houston Journal of International Law, interned for both state and federal judges, and served as Vice President of the Health Law Organization (HLO). In addition, Alex has received the Irving J. Weiner Memorial Scholarship Award (for a year of outstanding work in the UH Law Center Legal Clinic), the Napoleon Beazley Defender Award (for outstanding work on behalf of children), the Ann Dinsmore Forman Memorial Child Advocacy Award, the Mont P. Hoyt Memorial Writing Award for an Outstanding Comment on a Topic in International Law, and he was a finalist for Texas Access to Justice's Law Student Pro Bono Award. Alex is currently in private family law practice with the Hunt Law Firm, P.L.L.C. in Katy, Texas.

One thought on “Should negligent child welfare workers spend time behind bars?

  1. Shiloh Carter
    Shiloh Carter
    September 27, 2011 at 12:24 PM

    Great Post! If NY District Attorney’s office is going to charge the caseworkers, they should charge the budget lawmakers as well. These systems are so broken. The system is not designed in a way to allow the caseworkers to succeed on every case. Their caseloads are too big & service providers are limited & the whole system is underfunded. How can we expect caseworkers to handle 20 or more cases (each case may involve more than 1 child) of severe & horrific abuse & neglect? These cases take an emotional and psychological toll on those who work on them. Not to mention the time involved to actually visit each of the children every month, work with families, find available services, type up reports, testify at court, attend staff meetings, attend training, find alternative placements or family members if needed. I am a guardian ad litem on 2 cases involving 3 children & I am overwhelmed by all that is involved. I can’t imagine having to work on 20 cases at a time.

Leave a Reply

Your email address will not be published.