No More Secrets
A Comprehensive Program to Combat Child Sexual Abuse in Westchester
INTRODUCTION
In September of 1992, the Westchester Task Force on Child Abuse and Neglect, a coalition of more than 70 groups and individuals committed to providing education and advocacy on child maltreatment, issued a report on recommendations for handling child sexual abuse cases in Westchester County. That report highlighted the concerns that their Committee on the Prevention of Child Sexual Abuse had regarding the apparent drop in Family Court petitions related to sexual abuse cases in January of 1991. Sadly, the report, while well publicized, failed to generate significant policy changes within the network of agencies that handle child sexual abuse cases.
In the Spring of 1995, authors of that report met with the Westchester County Board of Legislators Task Force on Families to discuss the report and issues related to the handling of child sexual abuse cases within the County. Unfortunately, many of the issues raised in the 1992 report still remain significant problems with regard to how Westchester handles these problems in 1995. In fact, not only do these problems remain but they may be worse.
The Task Force on Families initiated a comprehensive review of how Westchester County handles child sexual abuse cases, including but not limited to, investigation, coordination, medical information and both criminal and civil judicial proceedings. The Task Force interviewed dozens of professionals, both in this and related fields concerning child sexual abuse.
The neglect and abuse of children are "the nations shame" says Donna Shalala, Secretary of Health and Human Services. According to HHS statistics there has been a 25% rise in cases between 1988 and 1993 of children being abused by parents or caretakers. We witnessed the shameful death of Elisa Izqurerdo in December of 1995 that highlighted some of the failures of the child protective system in New York City. Such a crime could happen and may be happening here in Westchester County. Equally important are those incidents of sexual abuse against children whose names we do not know, whose abusers we do not know. , But we know they exist and we know that we are not able to protect them.
Child sexual abuse is a particularly painful topic for us to discuss and debate. Children who have been sexually abused, particularly by family members, are victimized time and time again not only by their abusers but by a system and an emotional ordeal that continues to oppress them. Andrew Vachss, a prominent law guardian describes them Atrapped in a miasma of guilt, terror and prematurely awakened sexuality. Such a child lives a nightmare. The oppressor is also the protector. The messages are so mixed they are inseparable. Symptoms are perceived as aberrations, desperate attempts at communication are ignored and even eventual disclosures bring not relief but denial, blame and pressure to recant.
The implications of child sexual abuse cannot be underestimated. Today's victim of child abuse is often tomorrow's predator. Any anti-crime effort which fails to recognize that fact will inevitably fail. Failure to pay for child abuse intervention now guarantees a higher price paid in the future, a price paid in money and in blood. Some analysts have suggested that almost 90% of prisoners have been abused as children.
The Task Force has evaluated this issue from a variety of perspectives. This report should not be intended as a criticism of existing child protective efforts. We do recognize that Child Protective Services is in an awkward and difficult position and plays a critical role in our child protective system. Often child protection workers are overwhelmed, understaffed, poorly trained and lack support from other agencies. However, we need to evaluate this program and this system from the ground up and determine if, in fact, our existing system of child protection is working.
Among the many issues reviewed by the Task Force on Families are the relative few number of petitions being filed in light of the number of allegations, to what extent indications of abuse are actually being found and what criteria are applied to those judgements. To what extent does a petition in Family Court help an abused child and how are we protecting a child in cases where abuse has actually been found to exist. In addition, we have evaluated the availability and effectiveness of current treatment programs and the perceived lack of oversight and supervision of those abusers who voluntarily enter therapy programs without sufficient oversight or follow-up.
The Task Force also has evaluated whether or not there should be a special unit of CPS dealing with child sexual abuse. Lastly, we have evaluated the desirability of a multi-disciplinary coordinated approach to these cases and whether or not the existing system is successful. The Task Force also discussed proposals to create a Child Advocacy Center in Westchester County and the possibility of creating such a center at the Westchester County Medical Center. Fortunately, Commissioner Stolzenberg is supportive and enthusiastic of such a plan and has pledged to work closely with the Legislature and County Executive should such a proposal be put forth.
Without question this topic is a painful one for any legislative body to address. Sadly, we must recognize that child sexual abuse exists in Westchester County, probably to a degree that most of us would find shocking. The sad question as to why we haven't been able to do more lies in many factors, not the least of which is the fact that kids have no political power and don't vote. The Task Force respectfully requests that our colleagues review this report carefully and evaluate our recommendations with an eye toward making our system work better for the people it was designed to protect, our children.
SUMMARY OF FINDINGS
* Fewer cases of child sexual abuse indicated
* Fewer petitions filed in Family Court with the result of making treatment of perpetrators unenforceable
* Insufficient oversight of cases
* Poor coordination between many police departments and CPS
* Inadequate training of CPS workers on investigative techniques
* Multiple interviews of child victims
* Child victims have to travel to the Bronx for medical exams
BACKGROUND
All suspected child abuse incidents are reported to the New York State Central Registry. This information is then sent to the local district attorney's office and the local child protective services (CPS) simultaneously. CPS is required to make contact within twenty-four hours and complete the investigation within sixty days. There is no mandated time for the DA's Office.
In Westchester, child sexual abuse, physical abuse and neglect cases are randomly assigned to CPS case workers on a case load basis (the ratio is no more than 18 cases per worker as reported by DSS Commissioner Mary Glass). Both the investigation and the follow-up are done by the same worker. Commissioner Glass believes this is a more efficient, cost-effective way of handling these cases. She worries about possible burnout of workers if special units are implemented.
The District Attorney takes a different perspective. Since the mid-1980's the District Attorney's Office has had a special unit handling these cases. They find a level of expertise is developed that is essential. It has been their experience that burnout is not a problem. In fact, this special department has had a very low turnover. The head of the department believes that workers develop a professional expertise, are truly making a difference and know it. They are experienced, properly trained and committed. Therefore, they stay in their jobs longer.
Review of cases by these respective agencies is done independently with slightly different and sometimes conflicting agendas. The mission of CPS is to protect the child and try to keep the family whole. The mission of the District Attorney's Office is to prosecute the perpetrator.
CHILD PROTECTIVE SERVICES CASES
CPS handles a case until a determination by a worker is made within the sixty-day period. The caseworker's job is to interview the individuals involved, investigate the facts and evaluate the results. If the case is unfounded (found that evidence does not rise to the level of substantiation) the record is expunged. In Westchester, if a treatment plan is adopted, the case is forwarded to Child Preventive Services (another department in DSS) for follow-up. When a worker feels the abuser is not cooperating with the investigation or with the treatment plan developed by CPS, the case is referred to the County Attorney's Family Court Bureau to file a petition in Family Court. This means that a case can be in both the Criminal Court and Family Court at the same time.
Indication rate and number of petitions filed in Family
Court has dropped.
Since 1990 the total number of child sexual maltreatment cases reported to the New York Central Registry from Westchester County has remained about three hundred per year. However, the indication rate, that is those cases which have credible evidence to be founded (found that abuse exists), appears to have dropped significantly (1990-140, 1991-140, 1993 - 89, 1994 - 41).
Additionally, the number of petitions filed in Family Court has dropped. Judge Adrienne Scancarelli reports that there were 42 cases (both abuse and neglect) filed in 1994 and only 5 filed in 1995. As far as sexual abuse, the numbers are more dramatic, in 1990 there were 27 petitions filed, in 1991 there were 35, in 1994 there were only 7. It is interesting to note that most of these figures were assembled by the Task Force on Child Abuse and Neglect. It appears annual data on child sexual abuse is not automatically compiled and systematically kept by any one central place in the County.
The importance of the dramatic drop in the indication rate is difficult to access since unfounded cases are purged from the records. More oversight of these cases may show what is happening in these circumstances.
Judge Scancarelli believes the decrease in the number of petitions is very problematic. Fewer petitions means no law guardian is assigned to represent the child's interests. Additionally, many abusers seemingly cooperate to avoid court and then engage in treatment for a limited period of time. The family and child victim may come to two or three therapy sessions and then drop out or come very intermittently. Although this is a violation of the treatment plan, without court proceeding, there are no mandates in place. Access by the alleged abuser to the child victim becomes a key concern. As one treatment provider reported to the Task Force, "When the treatment gets tough, the offender gets going." Some offenders need treatment for the rest of their lives to prevent recidivism which is impossible without a mandate. DSS mandates go a year at a time, probation 1-5 years, parole a few months or whatever is left of the sentence. "You only get one shot," says Ken Lau, a treatment provider at WJCS. "Victims rarely report abuse a second time. Why should they if the system hasn't protected them?"
Judge Scancarelli and the Task Force on Child Abuse and Neglect both recommended, and we concur, that a change in the current practice is in order. Cases should be brought to court not only when there is a substantiated lack of cooperation on the part of the parents to engage in a recommended treatment plan but also when evidence is thought to meet the legal standard. This change in practice will help ensure that treatment is actually carried out.
Additionally, there is almost always a waiting list for treatment for the abused as there is only one treatment program for incest abusers in Westchester County, the Child Sexual Abuse Treatment Center, at Westchester Jewish Community Services, and they can handle a maximum of twenty clients at a time in their program. This situation needs further monitoring to be sure children are not at continued risk during this waiting time.
CRIMINAL CASES
Criminal cases are handled by the District Attorney's Office from the time of the report through the court proceeding. After the court makes a determination, follow-up is often handled by the Department of Probation or Parole.
Generally, the District Attorney's Office receives a report of the allegation by the Central Registry and determines if that case should be investigated by the police, an Assistant District Attorney or both. The local police are often notified at that point. That creates a time lag between police investigations and CPS investigations since CPS workers get the reports directly and start the investigations immediately. Since the District Attorney's case depends on the adequacy and competence of the evidence, the initial investigation is critical for a successful prosecution. It, therefore, becomes crucial that CPS, the DA and the respective police departments work cooperatively together.
Joint response by CPS and police.
The multiple municipalities that make up Westchester provide varied responses depending on the respective police departments. The District Attorney's Office reports that "too often CPS makes contact with the police initially but the given department cannot spare anyone to join the CPS worker. Thereafter, CPS continues with its investigation without further efforts to contact and involve the police." This is not true in every municipality but where it does occur it is very problematic. According to Chief Bradley, White Plains P.D., the initial interview is the most critical. The perpetrator will usually confess only once and this confession is often the principal evidence in a case.
Compounding this problem there seems to be a universal view among law enforcement personnel that CPS workers do not know how to properly gather evidence. In fact, in the CPS/Police/DA protocol developed by and for Westchester agencies, there is a footnote that states "these Child Protective Service reports are often characterized by a lack of detail . . . and are in no way to serve as a basis themselves for the filing of a criminal complaint." Further, according to the DA's Office, CPS is hesitant to share information with police because of issues of confidentiality.
Each police department handles cases in different ways - some assign specific youth officers, others simply assign whoever is on duty. This leads to wide disparities between departments and training among officers handling these matters.
The DA's Office and CPS agree that a joint response is the only way to handle these cases properly; however, despite this agreement, this does not always occur. The CPS/Police/DA protocol is often ignored by the respective parties.
Multiple interviewing of child victims.
This same protocol outlines another problem, multiple interviewing of a child. It describes a situation where CPS interviews a child; "within a reasonable time," the police interview the victim; and "an assistant district attorney of the Domestic Violence and Child Abuse Bureau will next interview the child/children . . . " Three interviews can traumatize and thereby re-victimize a child and must be avoided. A joint response would go along way toward that goal.
It is estimated that in 25% of the cases, the complaint first goes to the police and they notify CPS and the District Attorney's Office. Again, it is very important that there is cooperation and coordination between CPS and the police departments in these cases so that the police department and CPS aren't working at cross purposes with the police doing an initial investigation and interview without including CPS.
There are also cases that are first brought to the attention of a medical or school professional. It is very possible that victims in these cases are being interviewed at this initial stage and than interviewed again later on. School and medical personnel are mandated reporters and there needs to be appropriate and uniform protocols followed so that investigations are not compromised.
Efforts to better coordinate the system.
Since 1987, New York State has received federal Children's Justice and Assistance Act (CJAA) funds to be used to improve the interagency coordination and handling of child abuse cases in the state. The Office of Family and Children Services within NYSDSS has the major responsibility for administration of the funds. The major focus of CJAA activities has been the provision of start-up grants to localities that wanted to begin coordination efforts to handle child abuse cases.
In 1994, the District Attorney applied for a grant from NYSDSS to better Westchester's handling of child sexual abuse cases, specifically to work on improving the relationship between CPS and the police. This was the third attempt at getting funding to improve Westchester's handling of child sexual cases. The first was a grant application to the State coordinated by Robert Maccarone, Office of Criminal Justice Planning; this was actually never submitted. The second was a grant from the American Bar Association. After choosing Westchester as one of the recipients the American Bar Association took back the grant deciding that not all Westchester agencies were "ready" to participate. This most recent attempt by the DA also failed. The State felt that the DA's proposal which limited its focus to a few specific areas within Westchester was too narrow and that certain agencies were again "not ready" to cooperate.
Medical examinations are being conducted in the Bronx.
For many years, there has been only one pediatrician in the county available to perform examinations on alleged victims of sexual abuse. Dr. Claire Fried has provided a sensitive and valuable service both to children and the county. The reasons why other doctors chose not to make themselves available are not mysterious - sexual abuse is a sad and painful area of pediatrics and one we'd rather not face. Moreover, physicians do not want to spend time in court which is a frequent and expensive corollary of these cases.
The Westchester Medical Center has purchased the necessary technology for examinations to take place here in Westchester but at present, in the case of criminal investigations (CPS does use the Medical Center), children are being transported to the Bronx for examinations at extra cost in money to the county and in trauma to children and families. The problem is twofold for the DA's Office. The Medical Center is charging significantly more than the Bronx program which uses a nurse practitioner to conduct the exams, instead of a more expensive physician, and has many more cases which means the cost can be spread over more users. Additionally, the Bronx program allows parents more flexibility when making appointments. Parents can make their own arrangements for the exam. In Westchester, the DA'S Office must make the appointment which can be very time consuming for the ADA and inconvenient for the caretaker of the child. Both Commissioner Stolzenberg and District Attorney Pirro have had several discussions on this topic and are trying to resolve these issues.
SUMMARY OF RECOMMENDATIONS
* It is recommended that quarterly reports on the handling of child sexual abuse cases be made by DSS to the County Board of Legislators.
* It is recommended that a coordinator be hired to track cases, act as a troubleshooter and foster good communication and collaboration among departments.
* It is recommended that there be a specific unit within Child Protective Services specializing in child sexual abuse cases, highly trained in investigative techniques using standardized procedures.
* It is recommended that there be joint training for CPS workers and the police on investigative techniques.
* It is recommended that consideration be given to setting up a multi-disciplinary team approach to child sexual abuse cases.
* It is recommended that consideration be given to the development of a child advocacy center for sexual and physical abuse cases.
* It is recommended that priority be given to finding funding for the Juvenile Sexual Offender Treatment Program.
* It is recommended that Westchester County address Child Abuse Issues in their Legislative Packet sent to Albany this year.
* IT IS RECOMMENDED THAT QUARTERLY REPORTS ON THE HANDLING OF CHILD SEXUAL ABUSE CASES BE MADE BY DSS TO THE COUNTY BOARD OF LEGISLATORS.
Assiduous oversight and intensive supervision are essential to insure that CPS workers are doing their jobs properly and that professional, not personal decisions are being made in regard to child sexual abuse cases. We recognize that professionalism is imperative at all stages of the investigation and by all of the parties involved (District Attorney's Office, County Attorney's Office, Police, etc.); however, we highlight CPS because they are the point of entry and also the point of closure in most cases.
The seriousness of these cases warrants, not only an internal review but an external one as well in order to access the magnitude and scope of the problems involved. We, therefore, recommend that quarterly reports on the handling of child sexual abuse cases be made to the County Board of Legislators by the Department of Social Services. A review of these cases will give the County Board a better understanding of the difficulties and obstacles involved in working with these cases, specific to Westchester. It will also have the added benefit of making all of the parties involved more accountable and will bring this issue before the public eye on a regular basis. This is critical before any of the next steps are taken and funds are allocated.
Andrew Vachss points out that the job of a CPS worker "is an awesome responsibility. The decisions they make affect the course of our entire country. Yet they are under-funded, undertrained, overburdened, under-supervised and, most significantly, disrespected." He further states that when caseworkers find child abuse exists, " . . . they find themselves handicapped, in a bind, their energies divided by law, which requires them simultaneously to protect the child and rehabilitate the abusers."
Mr. Vachss believes, and we agree, that we must have significant levels of review and oversight so that no single individual's perceptions or philosophies will determine the fate of a child. All agency decisions must be subjected to that review. Only by conducting such an analysis will we be able to set performance standards for the parties involved and be better able to protect our children.
We recognize the issue of confidentiality of child protective records must be addressed; however, it must not be used as an excuse not to examine these cases more carefully. Confidentiality can be assured at the same time a proper review is done. The identity of the individuals is not necessary to conduct this analysis as evidenced by the case histories attached in this report. It is important that the issue of confidentiality of child abuse records be used only to protect the child, not the perpetrator or the agencies.
These case histories should include a detailed description of each case, including the age, sex and residence of the victim, the relationship of the alleged perpetrator to the victim, the allegation, who reported the incident, and the steps taken by the CPS worker in the investigation, the criteria on which a decision was made to indicate a case or not, and the criteria used on which to recommend the filing of a petition or not. All of this can be done without using names.
This information will begin to reveal any and all problemsencountered at this level, including: why cases are and are not being indicated; whether the grounds for indicating cases are consistent within the department; which police departments are not cooperating with CPS workers; how requests for filing petitions in Family Court are made; whether the grounds for these decisions are consistent within the department, etc. Anecdotes will turn into hard facts. These facts will provide the County with the information necessary to make a decision to fund further projects including an advocacy center, more treatment programs for incest perpetrators, and/or more staffing and better training and educational standards for CPS workers.
* IT IS RECOMMENDED THAT A COORDINATOR BE HIRED TO TRACK CASES, ACT AS A TROUBLESHOOTER AND FOSTER GOOD COMMUNICATION AND COLLABORATION AMONG DEPARTMENTS.
Given the scores of jurisdictions in Westchester, it is crucial that there is consistent oversight of cases so that somewhere in the morass of CPS, police, criminal and family courts, one pair of eyes is watching the progress of these cases; one pair of eyes is considering the interaction between CPS and the local police department - are calls being made and returned? Have reports been prepared and shared? Can we arrange at least a joint interview so as to spare the child? Is this a case where it would be appropriate to videotape the child's interview? We need someone who will check to see whether attorneys from two different court systems are working on a case and determine if that is necessary and, if so, how can it be coordinated to maximize information? And this pair of eyes will keep looking at a child after determination has been made - are regular visits being made by CPS? Is the family getting counseling? Does the child have a safe confidant?
Patricia Lemp, Program Director of the Child Sexual Abuse Treatment Center, reported that often a case is referred for treatment with little or insufficient information from CPS. The abuser will then be on a waiting list for several months. After this waiting period, treatment begins only to have the abuser drop out after a few visits. When the treatment provider contacts CPS to report on the status of the case, they learn that the case is closed. A coordinator, a person responsible for these cases from beginning to end, would catch these major glitches in the system.
Another example of the need for a coordinator became apparent during the Task Force's review. The Task Force learned that the District Attorney's Office was sending children to the Bronx for medical exams while CPS was using the Medical Center. It was the Task Force that had the initial conversations with both the DA and the Commissioner to try to understand the problem. A coordinator would have caught this problem and would be working on resolving it.
It is impossible for any of the departments to provide adequate oversight when each case is interlocked with so many departments. Information relevant for protecting children must be made available and shared among the various agencies responsible for protecting children, while ensuring fairness to those accused. A coordinator could convene periodic group meetings for case consultations and watch that protocols are followed. A coordinator could study if there are appropriate protocols being followed in the hospitals and schools and develop them if there are not. A coordinator would track a case from inception to completion to be sure nothing falls between the cracks. This tracking system would establish a data base which is necessary so we can more effectively monitor progress on this issue.
In the NYSDSS study on child sexual abuse (August 1995), it was found that in a large majority of communities in New York State, there is an interagency group that meets for the purpose of improving the coordination of child sexual abuse investigations. They report, "When these groups meet, there is a much greater chance that gaps in the intervention system are identified and the community is better prepared to meet the needs of the child victim and his/her family." Again, a coordinator would be responsible for convening these meetings.
In the proposal to NYSDSS, written by the District Attorney's Office, the coordinator's job is seen in this way: "As soon as a problem arises, it will be the coordinator's job to get the parties together to discuss the problem, to determine the root of the problem and to address it. If additional training is necessary, the coordinator will arrange it . . . In addition, the coordinator will monitor the respective roles played both by CPS and police in each investigation in order to track the manner in which the two agencies work together jointly. One of the purposes for this is to gather data to determine the most cost effective approach to take in conducting these joint investigations . . . "
A coordinator is a vital function that can assist the current players by performing many tasks, and we believe, lead to more effective handling of child sexual abuse cases. It should also be pointed out that even when there is agreement on how a case should be managed, personality conflicts may compromise the handling of a case and a coordinator can act as a troubleshooter. Since many roles overlap, it is critical that professionals communicate and collaborate with one another and develop formal and informal mechanisms for working together.
* IT IS RECOMMENDED THAT THERE BE A SPECIFIC UNIT WITHIN CHILD PROTECTIVE SERVICES SPECIALIZING IN CHILD SEXUAL ABUSE CASES, HIGHLY TRAINED IN INVESTIGATIVE TECHNIQUES USING STANDARDIZED PROCEDURES.
* IT IS RECOMMENDED THAT THERE BE JOINT TRAINING FOR CPS WORKERS AND THE POLICE ON INVESTIGATIVE TECHNIQUES.
Child sexual abuse cases are complex, requiring an ability to gather uncontaminated evidence from multiple sources -- medical examiners, therapists, validators, and police, in addition the child victim and alleged perpetrator. Unlike physical abuse, sexual abuse frequently does not leave "tell-tale" signs. Multiple interviews by poorly trained or inexperienced personnel often compromises fact-finding, lowers family cooperation with the investigation, and adversely impacts the child's emotional status. A trained special investigative unit in CPS would lead to the following:
* more thorough investigations and provision of appropriate services to the child victims and family;
* better contact and coordination with collateral personnel in other agencies involved in the case;
* a decrease in the number of interviews with the child;
* increased indications of child sexual abuse cases;
* an increase in the number of child sexual abuse cases that are adjudicated in Family Court and/or result in a conviction in Criminal Court.
The Task Force does not agree that burnout will result from developing this special CPS unit. On the contrary, we believe, if we do not develop experienced, trained workers, a combination of poor pay, low status and unsolvable problems will result in a much more significant burnout problem.
The Task Force also believes that minimum standards for investigations must be established, including an operational manual. (This manual would be more specific to conducting investigations in Westchester County than the NYSDSS guidelines.) "While it is true that no investigation is better than the investigators who conduct it, it is equally true that the establishment of minimum standards . . . will ensure a floor below which no investigation should fall," states Andrew Vachss.
At present training Westchester's CPS workers on child sexual abuse is being done through NYSDSS. All CPS workers receive seventy hours of basic training within their first three monthswhich includes some general information on child sexual abuse issues. Interviewing is not a key component of that training. NYSDSS also offers a basic course specifically on sexual abuse dynamics and intervention and an advanced two day course on childsexual abuse. The advanced course includes one day on interviewing techniques with some role playing among attendees. To date many, but not all, CPS workers in Westchester have completed these courses. Additionally, municipalities all across the State have found that CPS workers and the police need to be trained together on these techniques. This helps build a common base of knowledge and a trust in one another's abilities. This is currently not being done at all in Westchester County.
In comparison, in Rensselaer County, Ann Cioffi who is the liaison for the multi-disciplinary Sexual Training and Trauma Team, reports that as part of their State grant, Rensselaer developed and hosted a three day conference on interviewing techniques for child sexual abuse cases. This conference was held in June 95' and was open to all communities across the State; unfortunately no one from Westchester attended. Dr. John Yuille, a professor at British Columbia, who has developed a step-wise interviewing protocol for CPS and the police, presented. His presentation will be available on video shortly. As a follow-up Rensselaer brought Dr. Yuille back in November to do individual training for their CPS unit and the police. They also developed a curriculum and anticipate being able to train other areas in these techniques.
Westchester did have a specific program on child sexual abuse recently. However, it was attended by over three hundred people, from judges to line workers. Interviewing was only one of the many agenda items presented to this diverse group.
The Task Force believes more intensive training in interviewing techniques for child sexual abuse cases, similar to what is being done in Rensselaer County, is needed in Westchester. This training must be done jointly for CPS workers and the police and should be done in conjunction with setting up a specialized unit within CPS to handle these cases. Training will be much more manageable with this smaller specialized unit. This joint training will be a first step toward eliminating disparities amongst police departments in the handling of these cases. It will also begin to build the knowledge and trust critical in conducting these investigations most effectively.
* IT IS RECOMMENDED THAT CONSIDERATION BE GIVEN TO SETTING UP A MULTI-DISCIPLINARY TEAM APPROACH TO CHILD SEXUAL ABUSE CASES.
* IT IS RECOMMENDED THAT CONSIDERATION BE GIVEN TO THE DEVELOPMENT OF A CHILD ADVOCACY CENTER FOR SEXUAL AND PHYSICAL ABUSE CASES.
Child abuse is a community problem. No single agency, individual or discipline has the necessary knowledge, skills or resources to provide the assistance needed by abused children and their families. The combined efforts and professional knowledge of law enforcement, CPS, prosecution, medical and mental health practitioners will result in a more complete understanding of case issues and a more effective response system. In addition to a coordinator, many communities have instituted multi-disciplinary teams and have established Child Advocacy Centers to address these coordination issues. There are many models throughout New York State, in fact, throughout the country.
The Task Force suggests that these models be studied further while more specific information is gathered on the problems in Westchester County via the coordinator and a legislative review of the cases. If, for example, a uniform response from the police departments cannot be achieved, a multi-disciplinary team using county police may be in order. If, for example, the problem of sending child victims to the Bronx for medical exams cannot be solved, an advocacy center based on a medical model may be necessary.
In many communities Child Advocacy Centers (CAC) provide a child-friendly environment which is designed to meet abused children's needs for warmth, support and protection. CAC's may coordinate child and family interviews, investigations, medical services, mental health treatment, prosecution, victim advocacy, multi-disciplinary case review teams, case tracking systems, training, prevention and community education within a centralized neutral location. Commissioner Stolzenberg pointed out that local hospitals, and police departments that aren't located near the Medical Center may resist in bringing children to a potential center. However, it is important that we continue to monitor this issue to see if this approach is right for Westchester.
* IT IS RECOMMENDED THAT PRIORITY BE GIVEN TO FINDING FUNDING FOR THE JUVENILE SEXUAL OFFENDER TREATMENT PROGRAM.
In June of 1995 Westchester County's only treatment program for juvenile sexual offenders ended due to lack of funding. The Juvenile Sexual Offender Treatment Program of Westchester Jewish Community Services provided evaluation and treatment to children and adolescents in Westchester County for the past four years. The program evaluated and treated over 50 children ranging from 9 through 18 years of age, many of whom were routed through Family Court and the Department of Probation. The program was able to develop an excellent working relationship with the Department of Probation as well as with many other community agencies. It served not only as a treatment program but also an information base for clinical consultation and recommendation. The program received both national and county wide awards including noteworthy praise by Westchester County Executive Andrew P. O'Rourke.
It is of grave concern that Westchester County is currently without any treatment program for juvenile sexual offenders. Research consistently indicates that most adult sexual offenders begin their deviant behavior during adolescence. We are also aware that most sexual offenders commit multiple assaults prior to being caught. Consequently, the lack of meaningful early intervention with juvenile offenders may result in a pattern of repeated victimizations, which may go on for years if uninterrupted. Clearly, if we as a society are committed to reducing the incidence of child sexual abuse in the future, the young offender must be target for intervention, before theproblem is deeply embedded in the offender's psychological make up.
Westchester Jewish Community Services continues to receive calls from probation officers, professionals, and families searching for treatment for juvenile sexual offenders.Unfortunately the only alternatives in the County are generic mental health clinics which lack the knowledge and expertise to deal with this specific problem.
* IT IS RECOMMENDED THAT WESTCHESTER COUNTY INCLUDE CHILD ABUSE ISSUES IN THEIR LEGISLATIVE PACKET SENT TO ALBANY THIS YEAR.
The recommendations that the Task Force presents must be made in the awareness of proposed cuts and changes in the funding and regulations for child welfare services at both the Federal and State levels. The Board of Legislators and community advocates must work together to see that Congress maintains (or restores) the Child Abuse Prevention and Treatment Act. Without this authority from the national government, there will be a diminution of commitment to the children needing service. This Act provides uniformity across the country on child abuse matters. It also provides needed funds for research and advocacy.
In Albany, the Children and Families Block Grant has already cost Westchester $7 million dollars in preventive services and the county needs to make itself heard as it works to maintain its historic commitment to child protective services.
Other matters to be addressed at the State level include the issue of confidentiality and the sharing of information among appropriate departments, and whether there should be another classification, entitled "unsubstantiated." This would be in addition to the two current classifications, indicated and unfounded. This third category would take into account the large number of cases where there is a lack of information, or onlysome evidence of abuse but the evidence doesn't rise to the level of substantiation. Expunging records after sixty days may be counterproductive. In many cases the child may be revictimized and accumulating evidence may work to substantiate cases later on.
Finally, the Governor has recently created a Child Abuse Commission, headed by attorney General Dennis Vacco to examine state laws and regulations. Their recommendations are due March 5, 1996. Westchester County should play an active role in reviewing and taking positions on these recommendations.
CONCLUSION
In light of these findings, the Task Force recommends that a more efficient, responsive and better organized system be put in place to defend and protect our smallest victims of abuse who cannot speak for themselves. We cannot plead ignorance in the face of these facts and figures. Nor can we ignore the imperative to do what is necessary to correct this situation.
The justice system and human service agencies must be primary response agents. However, the legislators must assume the responsibility for correcting and imposing policy changes which mandate procedures and establish standards. Governmental bodies making fiscal and funding decisions cannot use bottom line mentality to avoid proper allocations needed to solve this problem.
In our opinion the errors of omission and commission can be remedied. We can adopt an exemplary approach in addressing sexual assaults against our children. We can also involve ourselves in the prevention of crime by successfully addressing this important issue.
Enlightened Westchester officials must be in the forefront of developing new approaches to combat this very critical problem. Westchester County must create a climate in which every effort has been made to develop a sensitive, practical, coordinated and effective avenue for long term solutions.
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