[House Hearing, 112 Congress]
[From the U.S. Government Publishing Office]
CHILD DEATHS DUE TO MALTREATMENT
=======================================================================
HEARING
before the
SUBCOMMITTEE ON HUMAN RESOURCES
of the
COMMITTEE ON WAYS AND MEANS
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED TWELFTH CONGRESS
FIRST SESSION
__________
JULY 12, 2011
__________
Serial No. 112-HR5
__________
Printed for the use of the Committee on Ways and Means
_____
U.S. GOVERNMENT PRINTING OFFICE
70-889 WASHINGTON : 2011
-----------------------------------------------------------------------
For sale by the Superintendent of Documents, U.S. Government Printing
Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC
area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC
20402-0001
SUBCOMMITTEE ON HUMAN RESOURCES
GEOFF DAVIS, Georgia, Chairman
ERIK PAULSEN, Minnesota LLOYD DOGGETT, Texas, Ranking
RICK BERG, North Dakota JIM MCDERMOTT, Washington
TOM REED, New York JOHN LEWIS, Georgia
TOM PRICE, Georgia JOSEPH CROWLEY, New York
DIANE BLACK, Tennessee
CHARLES W. BOUSTANY, JR., Louisiana
C O N T E N T S
__________
Page
Advisory of July 5, 2011, announcing the hearing................. 2
WITNESSES
Kay E. Brown, Director, Education, Workforce, and Income
Security, U.S. Government Accountability Office................ 7
______
Tamara Tunie, Actor, ``Law and Order: SVU,'' and Spokesperson,
National Coalition to End Child Abuse Deaths................... 18
Theresa Covington, M.P.H., Director, The National Center for
Child Death Review............................................. 21
Michael Petit, President and Founder, Every Child Matters
Education Fund................................................. 32
Carole Jenny, M.D., Director, Child Protection Program, Hasbro
Children's Hospital............................................ 45
Jane McClure Burstain, Ph.D., Senior Policy Analyst, Center for
Public Policy Priorities....................................... 52
SUBMISSIONS FOR THE RECORD
American Public Human Services Association, statement............ 97
Andrea Kivolowitz and Ayla Annac, statement...................... 108
Childrens Hospital of Pittsburgh of UPMC, statement.............. 116
National Association of Social Workers, statement................ 118
National Coalition for Child Protection Reform, statement........ 125
Skipper Initiative, statement.................................... 135
Tiffany Conway Perrin Organization, statement.................... 152
CHILD DEATHS DUE TO MALTREATMENT
----------
TUESDAY, JULY 12, 2011
U.S. House of Representatives,
Committee on Ways and Means,
Subcommittee on Human Resources,
Washington, DC.
The Subcommittee met, pursuant to notice, at 10:02 a.m., in
Room B-318, Rayburn House Office Building, Hon. Geoff Davis
[Chairman of the Subcommittee] presiding.
[The advisory announcing the hearing follows:]
ADVISORY
FROM THE
COMMITTEE
ON WAYS
AND
MEANS
SUBCOMMITTEE ON HUMAN RESOURCES
CONTACT: (202) 225-1721
FOR IMMEDIATE RELEASE
Tuesday, July 5, 2011
HR-5
Chairman Davis Announces a Hearing on
Child Deaths Due to Maltreatment
Congressman Geoff Davis (R-KY), Chairman of the Subcommittee on
Human Resources of the Committee on Ways and Means, today announced
that the Subcommittee will hold a hearing on child deaths due to
maltreatment. The hearing will take place at 10:00 a.m. on Tuesday,
July 12, 2011, in room B-318 of the Rayburn House Office Building.
In view of the limited time available to hear from witnesses, oral
testimony at this hearing will be from invited witnesses only.
Witnesses will include the U.S. Government Accountability Office (GAO)
as well as other experts on child abuse and neglect and child
fatalities due to maltreatment. However, any individual or organization
not scheduled for an oral appearance may submit a written statement for
consideration by the Committee and for inclusion in the printed record
of the hearing.
BACKGROUND:
According to State reports, over 1,700 children died nationally in
FY 2009 due to maltreatment. However, research has shown that these
reports may substantially understate the number of child victims each
year. To gain a clearer understanding of this issue, the Government
Accountability Office (GAO) has reviewed what is known about the
circumstances of child deaths and near deaths due to maltreatment,
State approaches to gathering and reporting this information, and what
the Department of Health and Human Services (HHS) is doing to support
the collection and accurate reporting of this information. GAO will
testify about the findings of their review at the hearing.
There are currently several sources of data about child deaths due
to maltreatment. First, since the 1970s, States have participated in a
voluntary national data collection system reporting data on
investigations of maltreatment and information on abused children. This
system, called the National Child Abuse and Neglect Data System
(NCANDS), is used by HHS to prepare annual reports on child
maltreatment. Second, the nongovernmental National Center for Child
Death Review (NCCDR) acts as a resource center for State and local
teams that review cases of child deaths. These teams collect and report
information on child fatalities from all causes, and 37 States
currently report data to the national database. The NCCDR uses this
data to focus attention on child fatality risks and to develop
strategies to prevent fatalities in the future. Third, States also have
data on child fatalities from sources such as law enforcement reports,
death certificates, or medical records.
In announcing the hearing, Chairman Davis stated, ``Any child's
death is tragic, but the death of a child from abuse and neglect is
especially troubling. Current data on the number of child deaths from
maltreatment appear incomplete, and the difficulty in even compiling
complete information undermines States' ability to develop effective
strategies to prevent these tragedies from repeating. I look forward to
hearing from GAO on the findings of their report as well as other
experts on how we can improve our understanding of both how many
children die from maltreatment and more importantly how we can use this
information to do a better job preventing such tragedies in the
future.''
FOCUS OF THE HEARING:
The hearing will review data on child deaths due to maltreatment,
determine how to improve the accuracy of this data, and review how
improving the accuracy of this data may help prevent future fatalities.
DETAILS FOR SUBMISSION OF WRITTEN COMMENTS:
Please Note: Any person(s) and/or organization(s) wishing to submit
for the hearing record must follow the appropriate link on the hearing
page of the Committee website and complete the informational forms.
From the Committee homepage, http://waysandmeans.house.gov, select
``Hearings.'' Select the hearing for which you would like to submit,
and click on the link entitled, ``Click here to provide a submission
for the record.'' Once you have followed the online instructions,
submit all requested information. Attach your submission as a Word
document, in compliance with the formatting requirements listed below,
by the close of business on Tuesday, July 26, 2011. Finally, please
note that due to the change in House mail policy, the U.S. Capitol
Police will refuse sealed-package deliveries to all House Office
Buildings. For questions, or if you encounter technical problems,
please call (202) 225-1721 or (202) 225-3625.
FORMATTING REQUIREMENTS:
The Committee relies on electronic submissions for printing the
official hearing record. As always, submissions will be included in the
record according to the discretion of the Committee. The Committee will
not alter the content of your submission, but we reserve the right to
format it according to our guidelines. Any submission provided to the
Committee by a witness, any supplementary materials submitted for the
printed record, and any written comments in response to a request for
written comments must conform to the guidelines listed below. Any
submission or supplementary item not in compliance with these
guidelines will not be printed, but will be maintained in the Committee
files for review and use by the Committee.
1. All submissions and supplementary materials must be provided in
Word format and MUST NOT exceed a total of 10 pages, including
attachments. Witnesses and submitters are advised that the Committee
relies on electronic submissions for printing the official hearing
record.
2. Copies of whole documents submitted as exhibit material will not
be accepted for printing. Instead, exhibit material should be
referenced and quoted or paraphrased. All exhibit material not meeting
these specifications will be maintained in the Committee files for
review and use by the Committee.
3. All submissions must include a list of all clients, persons and/
or organizations on whose behalf the witness appears. A supplemental
sheet must accompany each submission listing the name, company,
address, telephone, and fax numbers of each witness.
The Committee seeks to make its facilities accessible to persons
with disabilities. If you are in need of special accommodations, please
call 202-225-1721 or 202-226-3411 TTD/TTY in advance of the event (four
business days notice is requested). Questions with regard to special
accommodation needs in general (including availability of Committee
materials in alternative formats) may be directed to the Committee as
noted above.
Note: All Committee advisories and news releases are available on
the World Wide Web at http://www.waysandmeans.house.gov/.
Chairman DAVIS. The hearing will now come to order. But
before we begin, I would like to yield to the Chairman of the
Ways and Means Committee, Dave Camp, who asked that the report
from GAO that is the basis of our hearing be commissioned in
the first place. He has long been a champion of these issues
regarding children. And with that, I would like to yield to the
distinguished Chairman, Mr. Camp.
Chairman CAMP. Well, thank you very much, Chairman Davis. I
wanted to thank our witnesses for being here today, and also a
special thanks to GAO for completing this report on abuse and
neglect and maltreatment of children. And having gotten a
little bit of what the report may say, I understand that the
reality is even more dramatic than the official estimates that
we are getting.
The purpose of this hearing, obviously, is to focus on
child deaths due to maltreatment or abuse, neglect, however you
want to describe it, and what government policies might be able
to try to deal with this very critical issue.
I want to thank all of our witnesses here, and Tamara,
especially you, for highlighting this issue in a very public
way and a very positive way, so we can hopefully make some
progress on this.
And I won't delay the hearing any longer, but appreciate
the hard work that you and Mr. Doggett are going to be doing
today. So thank you very much. Thanks a lot.
Chairman DAVIS. Thank you, Mr. Chairman. With that, we will
return to regular order. I thank the distinguished gentleman
from Minnesota for yielding his chair to the Chairman, too.
This is somewhat of a historic hearing in a couple of ways.
One, I think the topic is certainly important. But for those of
us that grew up in the era of black and white cathode ray TV
tubes, this is the first Ways and Means Subcommittee hearing
done in high definition.
[Laughter.]
Chairman DAVIS. I was told I had a great face for radio by
my first media consultant. So some of us are going to have a
particularly challenging experience here today.
But with that, I appreciate all of the witnesses who have
come, those concerned citizens, advocates from many different
streams of thought with one common concern.
When children die from maltreatment, it makes international
headlines, as in the Caylee Anthony case that drew the focus of
millions around the world in recent months. Unfortunately, the
transience of the hype and passing interest of the population
belies a much deeper challenge.
And sometimes the death of a child from maltreatment gains
attention due to the shocking details of the treatment while
alive. That is what happened in the case of 13-year-old
Christian Choate, an Indiana boy killed in 2009 after years of
abuse, including being allegedly locked in a 3-foot-high dog
cage.
After his death, police found letters he had written about
how he wondered when anyone would check on him or give him food
or water. Christian asked why nobody liked him and how he just
wanted to be liked by his family. It is hard to fully
comprehend the death or the sadness this boy must have
experienced during his too-short life.
And sometimes the death of a child from maltreatment does
not make headlines at all, possibly because it is not recorded
as a death from maltreatment for a variety of reasons we will
learn more about today.
It is hard to know which child deaths are more tragic,
those we know about or those we do not. But our job today is to
make sure that all deaths of children due to maltreatment are
recorded, so we can learn from all of them and use that
knowledge to work with State and local partners to prevent more
of these tragedies from occurring in the future.
Our role here today is to be a voice for the voiceless,
especially those children whose deaths are missing from
official data today. The Federal Government estimates that
1,770 children died due to maltreatment in 2009, the most
recent year of data we have. But as we will learn today in
today's hearing, that official data understates the total
number of children who die due to maltreatment each year for
numerous reasons. This undercount could be significant.
GAO indicates that 24 States only report the deaths of
children who had previous contact with a child welfare agency.
Another study found child welfare agency records undercounted
deaths by 55 to 76 percent. The bottom line is States are not
reporting each child maltreatment death, and that makes it
harder to prevent these deaths in the future.
We welcome a range of experts today to help us understand
how we currently count the number of children who die each year
due to maltreatment, as well as to discuss flaws in the current
system. These experts will also help us to determine how these
systems can be improved, and how better information can help us
better protect children, which is our ultimate goal.
I want to commend Chairman Camp, who last year asked GAO to
review and report on these issues, based on his concern that we
are unfortunately not getting it right today. That GAO report
is being released today, and is the backstop of GAO's testimony
this morning.
We also welcome experts from the broader community who have
worked for years to prevent child deaths due to maltreatment.
Our panel today includes Tamara Tunie, the spokesperson for the
National Coalition to End Child Deaths, who has worked to raise
the profile on this issue and better protect children. We look
forward to all of our witnesses' comments, and thank them for
their commitment to better protecting children from abuse and
neglect.
And I would say in the time that we have worked together on
the Subcommittee, Ranking Member Doggett and I have had a
commitment to correcting broken information processes, to be
able to integrate sources, to remove obstacles and silos. And
we are continuing to hold hearings like this to identify
constraints that prevent the service providers, the caregivers,
from doing their very, very critical job.
Without objection, each Member will have the opportunity to
submit a written statement and have it included in the record
at this point.
And now I would like to yield to my friend and
distinguished Ranking Member from Texas, Mr. Doggett, for an
opening statement.
Mr. DOGGETT. Thank you, Mr. Chairman. Thank you for your
commitment to this issue. Each weekend that my wife and I are
back in Texas, we try to devote a little time to our three
preschool granddaughters. The joy of being with them, their
growth, their learning, their creativity, and also their
innocence and vulnerability are in such contrast in homes where
they are surrounded by love, with what we see played out in
national TV with the abuse and death of too many young
children.
And so, today we conduct a bipartisan exploration of what
we can do about the gap between those children, the many
children in our country that are surrounded by loving and
supporting families, and those who are not. And I think we
recognize that the death of even one child due to abuse or
neglect is just too many.
We are aware that there are so many, many children across
the country who lose their lives or are permanently scarred by
abuse or neglect from a caretaker. We know that there are many
reasons why this happens. But the goal of today's hearing must
be to improve our understanding of these causes, and what we
can do to prevent this kind of maltreatment of children.
Certainly poverty, teenage parenting, substance abuse, and
mental health challenges are among the considerations.
We must ensure that we don't make matters worse than they
are today by slashing services that are important to assure
child protection, even though there are many gaps in those
services. Nor can we afford to slash the wider safety net for
our families.
As my neighbor in Austin, Dr. Jane Burstain, eloquently
states in a written testimony, ``To cut programs that support
struggling families in tough economic times is the very
definition of penny wise and pound foolish, and is a choice
that our children could pay for with their lives.''
Regrettably, the lives of children have not always gotten
top priority. They are not necessarily, despite the full house
today and the many effective advocates who are here, they are
not necessarily the best lobbied force in the country. In my
home State of Texas, the legislature just concluded with a 40
percent cut, actually more than 40 percent, in certain child
abuse prevention programs, even though my home State of Texas
has one of the highest rates of child abuse and neglect deaths
in the country.
Here in Washington, I have concern about the proposal here
in the House, the House Republican Budget Resolution, to
eliminate the Social Services Block Grant program, which
provides some funding that is very important in child
protective services.
And I am also concerned that the child welfare programs
that we studied in our last Committee hearings, as well the
TANF program, which is important in so many States for
providing assistance to low-income families--those programs are
about to expire. And we hopefully, as a result of the work of
this Committee, can come up with bipartisan legislation to
continue them, and learn from the experience.
I have just recently filed legislation concerning the TANF
supplemental grants, which were part of the original 1996 law
that are very important in Texas and 15 other States in
providing services.
So, I hope that out of today's hearing we can gain more
insight from our expert witnesses, and out of this can come
together with effective legislation to try to respond to some
of these matters that concern all of us so deeply.
Thank you, Mr. Chairman.
Chairman DAVIS. Thank you very much, Mr. Doggett. Before we
move on to our testimony, I would like to remind all of our
witnesses to limit their oral statements to 5 minutes. All of
your statements will be entered into the record, and we will
allow more time for discussion and for question.
On our panel this morning we will be hearing from: Kay
Brown, Director of Education, Work force, and Income Security,
the U.S. Government Accountability Office; Tamara Tunie, actor
from Law and Order: Special Victims Unit, and spokesperson for
the National Coalition to End Child Abuse Deaths; Theresa
Covington, the Director of the National Center for Child Death
Review; Michael Petit, President and Founder of Every Child
Matters Education Fund; Carole Jenny, M.D., Director of the
Child Protection Program at Hasbro Children's Hospital in
Providence, Rhode Island; and Jane Burstain, Senior Policy
Analyst at the Center for Public Policy Priorities in Austin,
Texas.
Ms. Brown, please proceed with your opening statement.
STATEMENT OF KAY E. BROWN, DIRECTOR, EDUCATION, WORKFORCE, AND
INCOME SECURITY, U.S. GOVERNMENT ACCOUNTABILITY OFFICE
Ms. BROWN. Chairman Davis, Ranking Member Doggett, and
Members of the Subcommittee, thank you for inviting me here
today to discuss our work on this very important topic of child
deaths due to maltreatment. My remarks are based on a GAO
report that is also released today. I plan to cover three
issues: the number of children who die from maltreatment; State
reporting challenges; and HHS assistance to States.
First, on the number of child deaths. Every year, children
in the United States die after being physically abused,
severely neglected, or otherwise maltreated, frequently at the
hands of their parents or other trusted care givers.
Unfortunately, we don't know for sure how many have died. Based
on data reported by State child welfare agencies to the
National Child Abuse and Neglect Data System, or NCANDS, we
know that there were at least 1,770 deaths in fiscal year 2009.
But this is likely an undercount. Almost half of these
State agencies reported only those cases that were already
known to them. Yet these agencies don't necessarily know about
all children who die from maltreatment. Some children may not
have been previously maltreated, or their earlier maltreatment
may not have been reported.
However, these deaths may be known to other sources, such
as law enforcement agencies, medical examiners, coroners, or
health departments. To illustrate this point, studies in a few
States have combined information from several of these sources,
and found that using the State child welfare records alone
undercounted known fatalities by from 55 to 76 percent.
Further, a national sample of 122 counties across the country--
again, using multiple sources--estimated 2,400 child deaths
from maltreatment.
Understanding the numbers and circumstances surrounding
child fatalities from maltreatment can help inform prevention
efforts. HHS prepares annual reports on the NCANDS data, which
include a wealth of information on the children who have died,
the perpetrators, and many other factors. However, we found
that HHS does not include all of the potentially useful
information it collects in its reports.
In addition to NCANDS, State and local multidisciplinary
child death review teams assess the causes of child fatalities,
with an eye to improving investigations, services, and
prevention. These teams, found in all but one State, don't
review every death, but their reviews can provide more and
richer detail on each case. Many States are now submitting data
from these reports to the HHS-funded National Child Death
Review Center, and the Center is beginning to analyze the data
specific to fatalities from maltreatment.
For my second point, States face multiple challenges that
make it difficult to collect and report these data. For
example, without definitive evidence, it can be difficult to
determine that a child's death was, in fact, caused by
maltreatment, rather than by natural causes. Further, resources
are limited for autopsies and other tests, which can be
expensive. Officials investigating fatalities may have
differing skills, training, and experience, and coordination
and data sharing across various agencies and jurisdictions may
be hindered by concerns about privacy or confidentiality
requirements, or by differing goals and cultures.
On my third point, HHS provides a variety of technical
assistance to States to help improve the data that they report
to NCANDS. However, in our survey, State officials asked for
additional assistance on collecting child fatality data, using
it for prevention, and collaborating across agencies. We have
made recommendations to HHS related to these and other issues.
In conclusion, any child's death from maltreatment is
especially distressing, because it involves a failure on the
part of the adults responsible for protecting them.
Policymakers and practitioners rely on data to understand the
numbers and circumstances of these tragic deaths, and to learn
from them to prevent other deaths. Without improving upon and
better sharing these data, we lose precious opportunities to
protect our children.
This concludes my prepared statement. I am happy to answer
any questions.
[The prepared statement of Ms. Brown follows:]
Chairman DAVIS. Thank you very much, Ms. Brown.
Ms. Tunie, if you could, give your testimony.
STATEMENT OF TAMARA TUNIE, ACTOR, ``LAW AND ORDER: SVU,'' AND
SPOKESPERSON, NATIONAL COALITION TO END CHILD ABUSE DEATHS
Ms. TUNIE. Good morning, Chairman Davis, Ranking Member
Doggett, and Members of the Subcommittee. My name is Tamara
Tunie. Many people know me in my role as Dr. Melinda Warner,
the medical examiner on ``Law and Order: Special Victims
Unit.''
However, I am here today in my role as a concerned citizen,
and as the spokesperson for the National Coalition to End Child
Abuse Deaths. The Coalition is made up of five national
organizations that came together over a common concern for the
growing number of child abuse and neglect deaths in the United
States. Those organizations are: The National Association of
Social Workers; National Children's Alliance; National District
Attorney's Association; Every Child Matters Education Fund; and
the National Center for Child Death Review.
I am honored to be able to speak to you today. On ``Law and
Order,'' we investigate fictionalized crimes, and often have to
deal with difficult story lines. But nothing compares to the
real and tragic cases that we hear about with increasing
regularity in the national headlines: Caylee Anthony in
Florida; Marcella Pierce, from my home State of New York; and
the gruesome story of Nubia Barahona, also in Florida.
The unfortunate truths about these deaths is how common
they are. Since becoming the Coalition spokesperson, I have
learned about the thousands of American children dying at the
hands of those who are supposed to love and protect them, and I
am here to say that the need for action is critical.
Unfortunately, the most startling truth about death from
child abuse is how common it is. As we have heard and will hear
today from the experts in this field, an estimated 2,500
children die each year from abuse and neglect; that is 7
children a day.
It is not enough to feel saddened when hearing about the
loss of innocent lives. We have an obligation, as adults and
citizens, to protect those who have no power to protect
themselves, who have no voice to address the powers that be,
and obligation to prevent these fatalities.
The first step in ending child abuse and neglect deaths is
awareness of the problem, including the accurate collection of
data regarding the number and circumstances of child deaths
from maltreatment. We are all here today because Chairman David
Camp, Chairman Geoff Davis, and Ranking Member Doggett, and the
Members of the Subcommittee on Human Resources believe that
this important issue deserves attention.
On behalf of the Coalition, I want to thank you for holding
a hearing on child abuse and neglect fatalities, and for your
efforts to bring an end to the preventable deaths of children
like Caylee, Marcella, and Nubia in the United States.
Thank you so much for hearing my testimony.
[The prepared statement of Ms. Tunie follows:]
Chairman DAVIS. Thank you, Ms. Tunie.
Ms. Covington.
STATEMENT OF THERESA COVINGTON, M.P.H., DIRECTOR,
THE NATIONAL CENTER FOR CHILD DEATH REVIEW
Ms. COVINGTON. Thank you, Chairman Davis, Ranking Member
Doggett, and Members of the Subcommittee, for providing me with
this opportunity to speak to you. I serve as the director of
the National Center for Child Death Review, with funding from
the maternal and child health bureau at HRSA, HHS. We assist
States in improving their child death review processes.
CDR is a process in which profess--in which professionals
from many agencies come together to share case records, look at
the facts in the deaths, and decide what they will do to
prevent these deaths in the future. Every State, except Idaho,
tries to review all child abuse and neglect deaths at the State
or community level.
As described by the GAO, our center built and now maintains
the national CDR case reporting system, which 39 States are
using and submitting reports on all of the child deaths that
they review. This allows for the collection of comprehensive
information on child deaths, because it is a compilation of the
information shared by all the agencies at a review meeting.
The system collects data on the child, their care givers,
the supervisors, the perpetrators, the investigation, the
circumstances in the death, and actions taken to prevent other
deaths. The report tool has over 1,800 data elements, and as of
today we have 94,473 deaths in the system, of which 8.3 percent
were due to child abuse and neglect, which is 7,894 little
children like Casey Anthony's.
And the GAO report is right. We know that more children die
from abuse and neglect than is reported through NCANDS, from
vital records, or law enforcement databases alone. The CDC had
funded a child maltreatment surveillance project in seven
States, and I was the PI in Michigan. In an average year,
Michigan had reported 16 child abuse deaths through death
certificates, law enforcement records, 26, child protective
services, 40 deaths. When child death review synthesized these
multiple sources of data, the actual number was at least 100
deaths a year.
And we just did a quick count of child abuse and neglect
deaths reported through State child death review annual
reports, and compared them to the NCANDS data for those same
years: 15 States reported 1,029 states [sic], compared with 516
in the NCANDS report.
I agree with the GAO findings on some of the reasons for
the under-reporting. Deaths due to neglect are especially
under-reported, and most deaths from neglect happen when care
givers egregiously fail to protect a child from hazards:
toddlers drowning in bath tubs, children dying in-house fires
when left alone, children left in cars on hot days, infants
suffocated while sleeping with their intoxicated parents.
And different States have different definitions of abuse
and neglect. What Mississippi might call abuse, Connecticut
might call a bad accident, or vice versa. And States even
differ on who makes the call, whether it is a CPS worker, the
coroner, law enforcement, the prosecutor. And States have
different criteria for how they count the deaths into NCANDS,
into our system, and into other systems. There is also wide
variation in the quality of child death investigations across
the country, so that when the deaths aren't well investigated,
we don't really know what happened.
On a positive note, we know that when we count deaths right
and do reviews well, prevention happens. That is why it is so
important that we investigate, count, and review all of these
deaths. I could spend all day here describing efforts
implemented across the United States through child death
review. Some specific to your States include: Kentucky
implementing new fire safety education for families, because of
deaths in which children died and adults survived. Georgia,
Louisiana, Michigan, Minnesota, New York, North Dakota, and
Washington implemented major public awareness campaigns on
shaken baby prevention and safe infant sleep. North Dakota
improved death reporting policies to CPS. Tennessee developed
evidence-based home visiting programs. Texas is training all
CPS workers in infant death investigation. A number of States
have changed mandatory reporting policies to CPS, for example,
requiring reports even if there are no survival siblings [sic].
And I agree with the GAO recommendations to improve
comprehensiveness, the quality, and the use of national data on
maltreatment deaths. And I look forward to being part of the
solution, working with ACF, NCANDS and others, to identify how
we can share and use all of our data to prevent these deaths.
I also ask that you require national standards and child
maltreatment definitions and in reporting. And I ask that you
call for a national commission to further study this issue.
But our States also need additional resources. States
certainly need emergency help now, as--for child protection, as
their resource are dwindling while child abuse and neglect is
increasing. We should not be a nation that fixes its budget at
the expense of abused and neglected children. Other than the
$600,000 in funds allocated for our resource center, there is
no dedicated funding to States for child death review or for
the reporting system. Fortunately for us, a private company
based near Goddard recently offered to build our new software
for us.
Chairman David, Mr. Doggett, and those of you on this
Committee, later tonight please think about the 7 or 8 or maybe
even 10 children who will have died today because someone who
is supposed to tuck them in at night killed them instead. And
then tomorrow, begin work on your Committee to take action to
keep our children alive. Thank you.
[The prepared statement of Ms. Covington follows:]
Chairman DAVIS. Thank you, Ms. Covington.
Mr. Petit.
STATEMENT OF MICHAEL PETIT, PRESIDENT AND FOUNDER, EVERY CHILD
MATTERS EDUCATION FUND
Mr. PETIT. Chairman Davis, Ranking Member Doggett, Members
of the Subcommittee, thank you for convening this hearing and
for the opportunity to testify on this issue. I am Michael
Petit, president of Every Child Matters Education Fund.
I have been involved with child maltreatment fatalities for
over 40 years, and I am sad to say that, despite great
increases in our overall knowledge about child welfare, the
situation facing these children has improved very little over
that period of time. I was formerly with the Child Welfare
League of America for a dozen years. I served as Maine's human
services commissioner, which had responsibility for child
welfare and child protection. I am also the author of a
publication called, ``We Can Do Better: Child Abuse Deaths in
America.''
I will devote my testimony to an overview of child abuse
fatalities. Others will speak specifically to the data issues
that are raised in the GAO report.
To start with, child abuse rates are much higher in the
U.S. than in other democracies, triple Canada's rate, 11 times
Italy's rate. The official tally of almost 1,800 deaths a year
we believe is significantly undercounted, that there are, in
fact, 2,500-plus deaths a year, about 5 times the number of
U.S. soldiers killed in 2 wars since the beginning of our
study.
Some 80 percent of the children killed are under the age of
4; 50 percent are under 1. Black children are nearly three
times more likely to be killed. The vast majority of children
are from low-income, low-education families. And of the 51
children randomly selected for our report--some of you may have
seen this report; if not, we can make it available to you--
there are 51 children here. In the course of our study period,
going back to the start of the Afghan-Iraq wars, there were 400
children behind each one of these pictures. Of the 51 kids that
we selected at random, only 1 was killed with a knife or a gun.
The other 50 were principally--the principal cause of death was
being beaten to death.
Our collective systems of child protection are stretched
too thin. Too many troubled families, too few social workers
and other staff, and too little community support. Few of the
thousands of child protective units in the States are
adequately equipped to deal with all the families brought to
their attention. Consequently, protection for many children is
a matter of geography. Where a child lives may determine
whether she lives or dies. Some States appear to have a 10
times greater death rate than others. Some States appear to
spend five times more than others on child protection. I say
``appear,'' because of a lack of acceptance of standard
definitions in the field. We don't really know.
Child abuse flows from extensive child maltreatment in the
U.S., nearly three million reports a year, and preventable
deaths are inevitable when we are drawing from such a large
pool of vulnerable children.
A major factor, lack of public awareness about the scope
and size of the problem, directly related to restrictive
confidentiality laws, which--we hope one of the things that you
will do is examine those laws and make modifications in them.
They shield the press, public officials, and the public from
shortcomings. And we made recommendations for--in 2009 that
have been presented in this committee; 150 child protection
experts met for a couple of days.
Let me say that I have had extensive personal experience in
dealing with child fatalities where data interfered with the
protection of a child. During my stint as Maine's commissioner
of human services, we had a little girl that was presented to
us by her family at 5:00 on a Friday afternoon.
Our social worker called the local mental health center and
said, ``Is the father of this child taking his medications? We
know that he is a mentally ill individual, and he is not taking
the medication.'' They said, ``We are not going to share that
information with you, there are confidentiality issues for the
parent, and we are not going to give you the information.''
One hour later, that child was put in an oven, the oven was
turned on, and the child died in the oven. It was a very tragic
incident that put our whole State of Maine in a state of shock
for weeks.
And I have provided specific consultation to counties all
across the country on this business of bringing together the
information from law enforcement, child protection, the mental
community, mental health. And I am sad to say that, in most
communities, there is not a sharing of that knowledge. And, in
many instances, the civil legal protection system for children
is not enough. The criminal justice system also needs to be
brought into play, and we need to afford more progress in that.
Let me say in my remaining moments that the adherence and
development of national standards in this area is critical. Are
these children Texas children first, or are they Vermont
children first, or are they American children first? That is an
issue, the national standards.
The support of a commission to examine these child abuse
deaths is critical, it is a very complex topic. The increase
in--I mentioned. And then, I think, a public education campaign
is critical in this area.
I will close my remarks with that, and I have submitted
more detailed testimony elsewhere.
Thank you.
[The prepared statement of Mr. Petit follows:]
Chairman DAVIS. Thank you very much, Mr. Petit.
Dr. Jenny.
STATEMENT OF CAROLE JENNY, M.D., DIRECTOR, CHILD PROTECTION
PROGRAM, HASBRO CHILDREN'S HOSPITAL
Dr. JENNY. Chairman Davis, Ranking Member Doggett, and
Members of the Subcommittee, I thank you for the opportunity to
testify on child deaths due to maltreatment.
I am a professor of pediatrics at Brown Medical School, and
the director of the child protection program at Hasbro
Children's Hospital in Rhode Island. I have a unique
perspective on this issue, because I may be the only person in
this room who often has stood at the bedside in the emergency
department or in the intensive care unit, and actually
witnessed the deaths of infants and children from maltreatment.
When the death of a child is the result of abuse or
neglect, a sad event becomes an immense tragedy. The 1,700-
yearly child maltreatment deaths officially reported are just
the tip of the iceberg. As the GAO report points out, counting
and tracking the number of deaths from maltreatment is
challenging.
Sometimes it is very difficult to distinguish between
accidental and non-accidental death. For example, when a child
is purposely suffocated with a pillow or a plastic bag, it can
be impossible to distinguish this act from a death by natural
causes.
In addition, many deaths from neglect are not counted as
such. In Rhode Island, a three-year-old was told by his drunken
father to go across a busy street to retrieve a discarded lamp
from a neighbor's trash. He was hit by a car and killed, and
his death was ruled an accident.
And what about deaths caused by the late effects of
maltreatment? If a teenage survivor of horrific sexual abuse
commits suicide because of her severe depression and post-
traumatic stress, is that considered a child abuse death? In my
opinion, the root cause of death in that case is child
maltreatment.
My interest is in providing more accurate primary data to
the agencies that track child maltreatment deaths. These
agencies cannot perform well if the cases they review have not
been adequately investigated. The pediatric profession has
recently made a giant leap in improving this process. The
American Board of Pediatrics has established the board-
certified pediatric sub-specialty of child abuse pediatrics.
These pediatricians complete an additional 3 years of
fellowship training in child maltreatment, becoming experts in
the recognition, diagnosis, treatment, and prevention of child
maltreatment. When a child does die from abuse or neglect,
these pediatricians can help police, forensic, and social
service agencies make the correct diagnosis by doing the
appropriate medical work-up in the hospital, and by ruling out
conditions that mimic abuse or neglect.
There are--there is currently no Federal support for
training pediatric sub-specialists in child abuse pediatrics.
We need to expand the availability of fellowships, to make sure
that these doctors are available to all hospitals around the
country that care for children. The National Association of
Children's Hospitals and Related Institutions has published
recommended guidelines for the establishment of child
protection teams at all children's hospitals, but there are not
enough trained, board-certified pediatric specialists in the
field to provide this expertise.
Another way to increase the accurate counting of child
maltreatment deaths is to increase the resources available to
medical examiners and coroners, and to support their
performance of quality death investigations. Multiple studies
have shown that only about half of the child maltreatment
deaths are actually recognized and recorded on death
certificates and in State vital statistics.
In summary, in addition to improving our method of counting
child maltreatment deaths, we need to improve our ability to
recognize and discern when a death is due to child
maltreatment. And if we have the resources to diagnose abuse
and neglect, and provide the necessary treatment and services
to children and families, we can actually prevent the ultimate
worst outcome, the death of a child.
It is important to note that strengthening the quality of
medical and death investigations in child abuse cases adds
another protective factor. That is, we will be better able to
protect innocent parents from allegations of child abuse and
neglect, and to preserve and promote families.
Thank you.
[The prepared statement of Dr. Jenny follows:]
Chairman DAVIS. Thank you, Dr. Jenny. With that, I would
like to defer to the distinguished Ranking Member to introduce
the next witness.
Mr. DOGGETT. I am very pleased to have join our panel Dr.
Jane Burstain. Dr. Burstain is responsible for child welfare
and child protective service budget issues at the Center for
Public Policy Priorities in Austin, Texas. It is located in the
same neighborhood that is my home in east Austin. And CPPP is a
non-profit, non-partisan think tank that has played a vital
role in Texas, particularly on State legislative issues
committed to improving the economic and social condition of low
to moderate-income Texans.
Before she came to east Austin, Dr. Burstain served as an
adjunct professor at Pepperdine, where she taught family policy
classes. And she worked as an attorney representing children in
the Los Angeles child welfare system. So we really have this
coast-to-coast problem and insight offered by our panelists
this morning.
Thank you, Doctor.
STATEMENT OF JANE MCCLURE BURSTAIN, PH.D., SENIOR POLICY
ANALYST, CENTER FOR PUBLIC POLICY PRIORITIES
Dr. BURSTAIN. Thank you. Chairman Davis, Ranking Member
Doggett, and Members of the Subcommittee; thank you for the
opportunity to come testify on this important and tragic issue.
As Representative Doggett mentioned, I have worked in the
child welfare arena for more than a decade. I started out as an
attorney in Los Angeles, and during my six-year tenure there
representing thousands of abused and neglected children, I
became interested in taking my experience and translating it
into systemic improvement. I earned my Ph.D., and in 2008 I
joined the Center for Public Policy Priorities in Austin,
Texas.
At the Center, I conduct research, I participate in State
and national coalitions, and I educate policymakers on how to
improve and create better outcomes for children and families.
Let me start by saying that I absolutely agree with
Representative Doggett, that even one child death from
maltreatment is too many. It is the ultimate tragedy for the
family and the community, and for the individuals who have to
investigate it. But every single day in the United States more
than four children are reported to have died from abuse and
neglect. That is one death every 6 hours. And those are just
the ones that we know about. As all the witnesses have
testified here, the number of children dying from maltreatment
is probably even higher.
As discussed in my written testimony, and as adequately and
extensively documented by the witnesses here, we do need to do
a better job with States getting more quality, comprehensive,
and consistent data on child maltreatment deaths. But with
children dying every day, we cannot wait for the data to be
perfect before we act. So I am going to focus on what we do
know.
We know that even taking reporting differences into
account, some States have higher child maltreatment death rates
than others. We also know that poverty and having a teen parent
are significant risk factors for abuse and neglect, and that
those risk factors are more prevalent in certain States.
So, I looked at States with high child poverty rates and
high teen birth rates, which include many of the States
represented on the panel today in this committee, and I looked
to see if those States, on average, also had higher child
maltreatment death rates. I found that States with high child
poverty had a 43 percent higher death rate, on average. And I
also found that States that had a
high teen birth rate had a 61 percent higher death rate, on aver
age.
As families struggle and stress levels rise, child
maltreatment becomes more of a risk. And this risk is only
growing. The great recession has pushed more families into
poverty. As compared to 2008, the number and percentage of
children living in poverty has increased nationwide in
virtually every State. And although the teen birthrate has
dropped nationwide, some States still struggle with the issue.
In Texas, in 2008, there were 55,000 births to teenage girls.
If we want to reduce child maltreatment, now is not the
time to cut support to struggling families. But as States
grapple with huge budget deficits, that is exactly what is
happening. The number of children receiving child abuse and
neglect prevention services has declined in 17 States, many of
which are represented here on the Subcommittee.
In Texas, with more than 1.6 million children living in
poverty and at risk for maltreatment, there is only funding for
about 6,000 to receive direct child abuse and neglect
prevention services. Budgets are so tight that States are even
cutting services to children who have been subjected to abuse
and neglect.
In 2009, in some States, 2 of every 3 children who are
child abuse and neglect victims stayed in their home and did
not receive any ongoing child welfare family support services.
Early education and child care programs, which have been
shown to reduce aggressive parenting behavior and maltreatment
are being cut, as well. Getting children out of the home and
into daycare reduces parental stress, and makes the children
more visible to reporters who can identify a problem before it
escalates into something serious. But in Texas's most recent
budget, the legislature cut grants to support pre-kindergarten
by 100 percent, and cut $.20 of every dollar that funds
subsidized daycare to at-risk children. That is why Federal
programs which help support struggling families, like title IV-
B of the Social Security Act, the child care development block
grant, and the supplemental TANF grant are so important.
Expanded health insurance options for adults under the
Patient Protection and Affordable Health Care Act is important,
as well. With health insurance, poor parents are struggling
with substance abuse and mental health, can get access to
services, and thereby reduce the risk factors for reduce and
neglect, get healthy, and take care of their kids.
I know that the budget crisis that is facing States extends
to the Federal Government. But to cut programs that support
struggling families in tough economic times is the very
definition of penny wise and pound foolish.
And if we make that choice, our children will pay for it
with their lives.
[The prepared statement of Dr. Burstain follows:]
Chairman DAVIS. Thank you very much. We will move to
questions now.
In today's testimony we have heard a variety of numbers. I
know, from my professional experience, whether it was in the
military, in business, and certainly in the morass of
Washington, D.C., you can't fix what you can't measure. And
this is going to be one of the central questions, particularly
numbers of how many children die due to maltreatment each year.
States reported over 1,700 deaths in 2009 to HHS. GAO cites
this figure, and also a number from the HHS national incident
study of child abuse and neglect that estimated 2,400 deaths
over 2 years, from 2005 through 2006.
Ms. Tunie mentions 2,500 deaths from maltreatment per year,
as does Mr. Petit. Ms. Covington speaks more generally about
the undercount she witnessed in Michigan and reviewed in
Nevada.
Ms. Brown, your report details a number of reasons to
believe current data understates the number of children who die
from maltreatment. In terms of scale, how many deaths do you
believe were missing each year? Tens? Hundreds? Thousands? What
is a better number if the HHS official estimate of 1,770 is an
undercount?
Ms. BROWN. The challenge there is finding good research
that actually measures these issues. And we did a very careful
literature review of all the research that looked at the
numbers of child fatalities from maltreatment, and none of them
are perfect. That is the problem.
You know, the one that has the relatively high percent of
child welfare undercounts covers only three States. The one
that comes up with 2,400 reaches across a number of different
partners, but it is such a small population that they captured,
that it is hard to be really, really confident in the data.
So, we know--we have seen differences in hundreds. We have
seen as much as 1,000. I would like to see a much better
process for getting this information, so we can actually know.
Chairman DAVIS. What were the States that--the three
States----
Ms. BROWN. In the study?
Chairman DAVIS. Yes.
Ms. BROWN. California, Michigan, and Rhode Island.
Chairman DAVIS. Okay, thank you. Would anybody else care to
comment on this issue? Mr. Petit?
Mr. PETIT. Yes, I would just note that there are three
peer-reviewed articles that appeared in prestigious health and
scientific journals that speak to the undercount being at least
50 percent. One is the Journal of the American Medical
Association, one is the Journal of Pediatrics, and one is the
Journal of Public Health. Each of them have extensive
documentation they put forward that say the number appears to
be at least a 50 percent undercount, which is how we arrive at
the 2,500 figure. But no one could defend that number as being
precise, that being the whole purpose of the GAO study, is to
help show just how deficient measuring is.
Chairman DAVIS. Anybody else like to share? Ms. Covington?
Ms. COVINGTON. I personally believe it is probably 100
percent undercount. I think we should double the number, when
you take into account neglect deaths. Just looking at the 15
States that we did briefly before we came here, we doubled the
number of States that actually reported--you know, when you
looked at that versus when was NCANDS, it was double. And I
think that that is probably true across the country. So, I
personally would double the number.
Chairman DAVIS. Okay, thank you. Any other----
Mr. PETIT. May I just say, as an example of what we get
at--we had a case one time in which it was an open child
protective case. They lived on a third or fourth floor. The
mother experienced an overdose. The two-year-old child went
down to the street, was run over by a car. And in most States
that is listed as a pedestrian accident, not the child abuse
and neglect-related death that it is.
Chairman DAVIS. So you are saying, for example, connecting
the different parts of the law enforcement investigation to
collate that data would be helpful?
Mr. PETIT. Let me just say that when we have done that with
law enforcement, the medical community, and others--and
district attorneys--it is tremendously revealing to see what
actually happens, the disposition of cases.
Child welfare can say, ``Here is 100 certified cases in
which child sexual abuse,'' for example, ``occurred.'' Police
might say, ``We can identify 75 cases where there was a
perpetrator.'' There may be 25 cases that are reported to the
district attorney. The district attorney may choose to
prosecute 10, because they don't think the data is good enough,
in terms of supporting the evidence, and you may end up 5
convictions and 2 or 3 sentences to prison--which I am not
saying is the answer to this whole problem--but they are not
tracking those numbers. They are keeping their information
separately. And when it is blended together they can see where
the structural problems are in the system.
Chairman DAVIS. Before I yield to Mr. Doggett, something I
would throw open to the members of our panel, if you have
suggested process improvement ideas--particularly as we can tie
a cost to them, or reduce that cost burden, to get this linkage
of data. We found, in many institutional settings, a great
amount of success in removing error, unnecessary cost, and
other problems--or quality issues, in a more generic sense--but
in this case it might lead to a solution to these problems.
With that, I yield to Mr. Doggett.
Mr. DOGGETT. Thank you, Mr. Chairman. Dr. Burstain has put
this in terms of one child losing a life every 6 hours. Ms.
Covington, I gather what you are saying is it could be as much
as one every three hours, or one every 2 hours. And that is
what several of you have said with reference to the data, that
those figures that are widely acknowledged are probably much
greater than our understanding. Right?
And I----
Ms. COVINGTON. Yes, correct.
Mr. DOGGETT. And I gather that for everyone here, if we
could do something to prevent just one of these horror stories
that will take place in the next 6 hours or the next 3 hours or
the next 2 hours, we would want to do that.
As policy experts looking more broadly across the country,
beginning with you, Dr. Burstain, what can we do to prevent
these tragedies? We want to have an accurate count, certainly,
and I think there are measures to get a better count. But we
are not counting beans here. We are counting precious
children's lives. What are the things that the Congress should
be doing now, beyond getting a more accurate count, to be sure
that that rate doesn't go higher?
Dr. BURSTAIN. Thank you. Well, in addition to funding the
programs that support struggling families, I think one of the
things that could really be helpful is the title IV-E waiver
program that has passed through the House.
Basically, one of the problems with the child welfare
system overall is, with the funding streams, you have title IV-
B, which is a block grant, and that is the money that States
have flexibility to use for prevention programs, and to keep
kids safe in their own home. Title IV-E basically covers foster
care and adoption, so it covers the back end. And that
represents a much larger part of the Federal financing on child
welfare.
And so, if you had a waiver program where States could take
the money that they would have spent on foster care and spend
that same money up front to keep kids safe, to prevent child
abuse and neglect from occurring in the first place, I think it
would go a long way toward really helping these families keep
their children safe.
I think funding child care is another really important
issue. Child care is something that can really help--just
getting the child out of the house relieves parental stress.
And I think, most importantly, the parents, when their kids are
in child care, know that someone is going to be looking at that
child. And if there is a problem, and the child is coming with
a bruise or seems to be unkempt, there is someone who can see
that child every day and make a report and have the child
protective services system intervene before a problem occurs.
Because one of the problems with child maltreatment deaths
is a lot of those deaths happen, and the child welfare system
doesn't even know about those kids. And so it is not as if the
child welfare system is investigating these difficult families
and not doing a good job of intervening. They don't even have
an opportunity to intervene, because most of these are young
kids who are not in school, and so no one sees them. And if you
get child care for these struggling families, you eliminate
that problem.
Mr. DOGGETT. What will be the effect on this problem of
child abuse, or child deaths, if the Social Services Block
Grant is eliminated, if TANF supplemental grants in States like
Texas are not continued, and they are set to expire within
days, and if we don't have unemployment benefits available for
families?
Dr. BURSTAIN. Well, I can tell you with respect to the
Social Security block grant and the TANF. Those are programs
that, I know in Texas, they use to directly support child
welfare services. So those are grants that are not only used to
help generally families in poverty, but are specifically used
to help families that are at risk of abuse and neglect, or have
actually subjected their children to abuse and neglect, and
they are in the system.
Mr. DOGGETT. And you are saying--just to interrupt you for
a minute--that in Texas the cuts have been so severe already,
even without losing these programs, that some families already
identified as actually having had cases of abuse or neglect no
longer get the services?
Dr. BURSTAIN. Yes. The services rate for child maltreatment
victims in Texas is at about 45 percent. So about 4 of every 10
children who have been identified as abuse and neglect victims
receive ongoing child welfare services. And, as I testified
about earlier, in some States that rate is even lower, and
you've got 7 of every 10 children staying in the home and not
getting services.
Mr. DOGGETT. Ms. Tunie, you represent an impressive
coalition of social workers and others. Are there
recommendations that you have, with regard to what steps we can
take to prevent this death rate from accelerating, from matters
getting worse?
Ms. TUNIE. Yes. In agreement with Dr. Burstain, to simplify
it--because I am not an expert on this issue--funding is
critical, and services are critical. And the ability to collect
the data accurately is critical.
Mr. DOGGETT. Thank you.
Chairman DAVIS. Thank you. The gentleman's time has
expired. I would like to share with Dr. Burstain that Mr.
McDermott and I introduced the child welfare waiver bill
addressing this IV-E issue that passed out of the House in May.
I encourage you to call your friends in the U.S. Senate, and
encourage them to move faster than their glacial pace to
address these things.
[Laughter.]
Chairman DAVIS. The chair now recognizes Mr. Paulsen from
Minnesota.
Mr. PAULSEN. Thank you, Mr. Chairman. Ms. Brown, may I ask
you a question regarding the report? The report explains the
two primary sources of data that we have on child maltreatment
fatalities, and the data reported to HHS and the data reported
through State child death review teams. What does HHS do with
the data, exactly, other than just publish summaries of the
information?
Ms. BROWN. The NCANDS data that HHS collects is used for--
because they oversee the State programs--it is used for things
like checking to see if the States are abiding by their
expectations when they do their reviews of each State program.
They also use them to--they have measures that they are
expected to meet each year,for example, knowing the number of
deaths from maltreatment and foster care.
But the other thing, as far as the more on-the-ground
information, is that they have some technical assistance
centers, and there is one that deals specifically with child
protective services. And that center has done some training to
try to push the information out.
Mr. PAULSEN. And then what do the States do with their
child death review team data, the States, specifically?
Ms. BROWN. I am wondering if I am the right person to
answer that.
Mr. PAULSEN. Ms. Covington is nodding her head. Okay,
please.
Ms. COVINGTON. Forty-four States require that they use
their data for a--to publish a State annual report on their
deaths, which would include child abuse deaths, as well as
other deaths. Most States are really getting smart about
actually creating--they--almost all the States have a State-
level advisory board that reviews those findings before the
report gets issued, and they make recommendations to their
Governors and their State legislatures on policy and practice.
Mr. PAULSEN. Okay.
Ms. COVINGTON. And some of them have been very successful,
actually, in getting those things--their recommendations
implemented.
Mr. PAULSEN. Sure, Mr. Petit.
Mr. PETIT. Yes, Mr. Paulsen, if I may say, all together
there is about $30 billion spent on the child welfare system,
the formal child welfare system. About 55 percent of that is
State and local, mostly State. About 45 percent of that is
Federal.
There is a very weak Federal oversight of the child welfare
system. They provide most of the money, and they actually--the
Federal Government actually provides the statutory framework
within which most State child welfare systems operate.
I would assert flatly that virtually every single State in
the country right now is vulnerable to a successful class
action litigation being brought against them, and States
repeatedly lose those when, in fact, such class action
litigation is brought against them.
There are very few sanctions ever imposed by the Federal
Government, even when States are out of compliance for many,
many years, in contradiction to what Federal standards and
oversight requirements exist.
Mr. PAULSEN. And, Ms. Tunie, maybe you can just tell me.
What does your National organization do with the information in
general, as you collect the info and get the data?
Ms. TUNIE. Well, our mission, basically, is to raise
awareness of the issue, and also to urge Congress to take
action.
Mr. PAULSEN. Okay. And, by the way, thank you for helping
raise awareness on this issue. And, obviously, this hearing is
a part of that effort. And, I mean, what other recommendations
do you have for us as individual Members in our own districts,
in our own States, to also help raise awareness about this
issue, other than just going through numbers and data.
Ms. TUNIE. Yes. You know, I think it is really important to
put a face on it. The book that Mr. Petit put together, where
you really see the faces of these children, and it really
becomes a personal, as opposed to just a number or a statistic.
I think that is a great way to raise awareness.
Mr. PAULSEN. Thank you, Mr. Chairman.
Ms. TUNIE. Thank you.
Mr. PAULSEN. Yield back.
Chairman DAVIS. Thank you. The chair recognizes the
gentleman from Washington, Mr. McDermott.
Mr. MCDERMOTT. Thank you very much. I have watched these
hearings since 1970, when I was in the State legislature. And
States always lurch forward after a horrible event. It is over,
and over, and over, and over again.
And, Mr. Petit, you just sort of said that there is a
tremendous problem, and most States would be vulnerable. Let's
go on the positive side. Tell me the States where they have the
best system for getting these cases and preventing them.
Because it seems to me the problem is we are always coming in
at the back end, looking at the problem, when it is already in
the hands of the coroner.
And so, what I am interested in is what States have had the
best system in place to predict and deal with and prevent?
Mr. PETIT. Let me--I think that is a more complicated
question than I am going to spend time answering, in the sense
that there are literally thousands of child protection offices
across the country.
Mr. MCDERMOTT. Yes.
Mr. PETIT. Many States run it through their county system.
And we have done studies looking at outcome measurements for
the States, and they vary wildly, so that the differences
between virtually any indicator you want to choose, removing
children from their family, reports of child abuse, fatalities,
foster care, et cetera, the variations between the bottom State
and the top States may have multiples of five or tenfold.
But I will tell you the States that do the best overall are
the ones that have smaller, whiter populations. So where--which
translates into less poverty and less complicated issues around
domestic violence, around imprisonment issues, around substance
abuse. So all the States experience it, but some States
experience much more than others.
If you take a look at the overall distribution of these
issues, they are concentrated especially most severely in the
States with large minority populations. And I say that, saying
that that correlates, in turn, with high rates of poverty in
those communities.
But if you wanted to look at a State that probably has had
a significant effect in dampening down the overall amount of
child abuse to begin with, which is the ultimate goal that we
all have, we would say, like, Vermont, where they have
comprehensive health care services, where there is home
visiting for virtually all children. There is an extensive
safety net that is built around welcoming a child and a family
into the community, and people taking collective responsibility
for overseeing what is happening with those children and
families.
There are a number of other States as well, but when you
get into the big States--Texas, Florida, California--it is
very, very challenging to manage the huge volume of cases that
are brought to their attention in the first place. Remember,
that number now is about three million reports of child abuse.
HHS in their national incident study says the true number is
closer to probably nine million cases of child abuse and
neglect each year.
Mr. MCDERMOTT. When you sit at the Federal level, when you
sit at this dais, and you look out on the United States, and
you try and figure out what should we do, then the question
that--I mean, Dr. Jenny raises the question of more pediatric--
pediatricians trained in looking at the issue. Where are the
other gaps in training that we should put money or think about?
I mean we get into these stovepipe things because we try
and figure out how to deal with it. But I would like to hear
the other areas where you think there is a need.
Ms. COVINGTON. I think, without question, our death
investigation system is--really needs assistance throughout the
country. In my home State of Michigan there is a number of
medical examiners that tell you if you die in the first half of
the year you are going to get a really good autopsy and
investigation. If you die in the second half, it is going to
not be so good, because they run out of money. And that is a
reality.
And without really quality death investigations, we are
just not getting the answers we need around these child abuse
deaths. So I think training and resources for improved death
investigations would be one area.
Dr. JENNY. I would like to say that the medical profession
does a very bad job of recognizing abuse. I did a study and I
published in Journal of American Medical Association, where we
looked at 131 abusive head trauma admissions to our hospitals,
serious abuse. And a third of those kids had a previous head
injury from abuse, went to the doctor, and the doctor missed
the diagnosis. Eight of those kids died.
And I think that there is very little education about
family violence, about child abuse, in medical schools, in
residencies. And I think that that is a place where we could
really ramp up the prevention by early recognition.
Mr. MCDERMOTT. Is there a place for nurse practitioners in
that kind of a thing?
Dr. JENNY. Absolutely. Nurse practitioners, PAs, even
nurses. I did a study in Colorado where we looked at the amount
of time in nursing school curriculums that was spent on family
violence. It was less than 2 hours in a four-year curriculum.
So, I think that this is something that would be relatively
easy to do, just by putting more emphasis on this in our
professional societies and our curriculums in schools.
Chairman DAVIS. Great, thank you very much.
Mr. MCDERMOTT. Thank you.
Chairman DAVIS. The gentleman's time has expired. Mr. Reed
from New York.
Mr. REED. Thank you, Mr. Chairman. Thank you to the panel.
I come at this issue--when I first started my law practice we
did a lot of law guardian work, and represented many abused and
neglected children. And there is nothing more touching than
that experience, and frustrating, and emotional, and it creates
a lot of anger in me, individually, to see parents abuse their
children.
So, that being said--and I get the argument from all the
testimony--I was reading this last night, and I get the
argument we need increased funding, we need to protect the
funding. You know, the environment we live in here in
Washington, D.C., so--and I don't want to spend a lot of time
on that issue, just to articulate that I get it, and I
understand that.
What I would be interested--what I am interested in talking
about today is kind of a new way of looking at this issue. I
think, from all the testimony that I have heard and I have
read, each of the members of the panel here today would agree
that poverty is a higher indication of child death from the
parents from abuse and neglect of parents, and substance
abuse--would all agree is a higher indication of death of a
child.
That being said, I then--does it not beg the question, a
common sense question of targeting our resources by requiring
parents who are on public assistance--i.e. public assistance,
the people that are in poverty are more likely to be on public
assistance--parents in that program, require them to be drug
and alcohol tested?
We are talking about the death of children. And I
understand there is going to be many parents that are going to
be alcohol free and substance abuse free, and I get that. But
if we are talking about saving the death of children, does that
not trump the benefit that we could receive from identifying
the higher-risk children through testing their parents for
substance and alcohol abuse?
Dr. Burstain, would you have any comment on that?
Dr. BURSTAIN. Well, first, I think that I completely agree
with you, that we should be looking at ways that we can prevent
child abuse and neglect deaths.
I will say that drug and alcohol testing is expensive. So
if you are talking about not wanting the Federal Government and
not wanting the States to have to spend more money----
Mr. REED. So if we can we get the cost taken care of----
Dr. BURSTAIN. Well----
Mr. REED. I mean you are asking for money elsewhere, so if
you get the money----
Dr. BURSTAIN. Yes, absolutely. And I would say that that
money would be better spent, instead of drug and alcohol
testing, all of the individuals who are receiving public
assistance, I would say that money would be better spent
actually getting drug and alcohol treatment.
Mr. REED. Well, not everyone that is on public assistance,
just parents that have children in the home be tested. I am
talking about a very narrow program, trying to narrow it down--
--
Dr. BURSTAIN. Wait----
Mr. REED. Just parents.
Dr. BURSTAIN. I----
Mr. REED. Not all those on public assistance.
Dr. BURSTAIN. I believe the majority of people who are
receiving public assistance have children.
Mr. REED. Okay.
Dr. BURSTAIN. And so the majority of those people would be
tested. And what I would say is that money that you would spend
on testing--because what are you going to do if they turn out
positive? The money would be----
Mr. REED. We would coordinate that information with CPS and
with law enforcement, target those individuals, intervene, make
sure that those parents are getting substance counseling,
trying to lead them to a substance-free life, and that will
lower the risk of death to their children, which all of you
agree has created a higher risk for those children that are
living in that environment.
Dr. BURSTAIN. You would be----
Mr. REED. So that would be my----
Dr. BURSTAIN. You would be absolutely right, if there was
money for treatment. But there isn't money for treatment. And
so, what I would say is, instead of spending your money on
testing people who you have no basis to believe are actually
abusing substances, I would spend the money on providing
services to the people you know are abusing substances.
Mr. REED. And when they----
Dr. BURSTAIN. So once they become involved in the child
welfare system, you need to get them access to substance abuse.
And, more importantly, mental----
Mr. REED. So we have to wait until they abuse their
children before we get--because once they abuse their children,
they are in the CPS system--then we can get them the substance
abuse treatment that they need?
Dr. BURSTAIN. Absolutely you do not have to wait. One of
the things that I highlighted in my testimony is that, under
the new Health Care Reform Act, getting people health
insurance--one of the reasons people don't get treatment, and
before they actually become involved in the child welfare
system, is poor adults a lot of times don't have health
insurance. And so the only way they can get treatment is become
involved in the child welfare system, and get services through
the child welfare system.
Mr. REED. Okay. I notice my time is--Mr. Petit, you are the
commissioner of----
Mr. PETIT. Child welfare.
Mr. REED. Child welfare in Maine.
Mr. PETIT. I would just note that the Congress and the
Senate had legislation introduced more than 10 years ago on
making substance abuse treatment moneys available to State
child protective agencies whenever that was identified as being
an issue. And certainly there is a high relationship between
the two. But the Senate Finance Committee never held a hearing
on the bill. It was introduced in three consecutive legislative
sessions to provide assistance in that case.
Now, that little girl that was baked to death in an oven
that I mentioned, I remember the Governor saying to me, ``Stop
this. Take these children from these families and get--stop
this issue.''
I said to the Governor, ``This is the first death we have
had in four years. There are 12,000 children or so in our open
protective custody in any given moment. And in the course of a
year, 1 or 2 might die, even though this problem that you just
described exists maybe in 60, 70, 80 percent of the
households.''
So, I think there is a way to target this much more
specifically, so that you get at what you are talking about.
May I suggest--I have been doing this for 40 years. This is
a panel that has been involved with this for a long time. I
cannot emphasize enough the need for a national commission that
brings together all of the different disciplines. We are
talking about nothing less than healthy, human growth and
development, which is a very complex topic, which hasn't been
looked at by this congress, by any Administration in decades.
The last that I know of was the Rockefeller Commission. That
was almost 20 years ago. We have had no national White House
conferences in this country since 1970.
This is an issue that has--receives very scant attention by
the public. And it needs to be opened up. And that is why I
would recommend this national commission and, at the same time,
lift the confidentiality requirements.
Chairman DAVIS. I appreciate your passion, Mr. Petit. That
is one of the reasons we are having this hearing today, is to
move forward----
Mr. PETIT. Thank you, sir.
Chairman DAVIS [continuing]. On this. And, with that, we
will recognize the gentleman from Georgia, Mr. Lewis, for 5
minutes.
Mr. LEWIS. Thank you, Mr. Chairman. Thank you, Mr. Chairman
and Ranking Member Doggett, for holding this hearing.
I have been here for almost 25 years, and attended many
hearings. But this has been one of the most painful. What some
of you have said is almost unreal, unbelievable. But I know it
is real. I know it is believable. In my own district, in my own
State of Georgia, just watching the news, reading the
newspaper, seem like something happened to some little child,
somebody child, somebody baby, almost every other day.
And, Mr. Petit, I would really like to know from you. You
mentioned race and poverty. It is not something that we should
sweep under the rug or in some dark corner. We should face it,
and face it head on. Could you tell me--maybe some of you have
data, information on the State of Georgia--but could you tell
me or speak to the whole issue of young families where there is
a father, a mother, a boyfriend, a girlfriend with a child?
Reading that something happened to this child. The child was
beaten or left alone and died. What is happening there?
Ms. Tunie, I love what you said about putting a face on it.
How do you dramatize that? How do you make it real? How do you
sensitize and educate the American people that this is a major
problem and we have to face it?
I think there is a great undercount, Ms. Brown. I think
there is a great undercount.
Mr. PETIT. May I say very directly? The legacy of slavery
endures. The behavior that we are talking about is
manufactured. It is not innate to any particular culture or any
DNA. And in the black community what you have is a very high
out-of-wedlock birth rate. You have a very high poverty rate.
You have a very high imprisonment rate of young males.
The family formation in the black community has been
extremely challenged in the last few decades, and the research
that does exist shows that children in a home with an unrelated
male are almost 100 times more at risk of dying than when there
is a biological-related father in the household.
So, I have just made some broad-sweeping statements on
this. I believe it requires a much closer look. But there are
realities, in the black community in particular, which shows in
this report that there is a three times higher fatality rate in
the black community. But it is manufactured behavior that
contributes to it.
Mr. LEWIS. Could you speak about poverty? Ms. Covington,
you wanted to say something?
Ms. COVINGTON. I was going to add on to that. There was a
headline in the Washington Post yesterday. Keith Jackson wrote
a story, and the headline was, ``Would Anybody Have Cared if
Caylee Anthony was of a Different Color?'' And I think that is
really important, because when we look at these deaths across
the country, there is no question that the white, you know,
middle-income kids who die at the hands of their care givers
get a lot of attention. But African American kids are really
over-representative in the numbers, and poverty is a huge
correlation in these deaths.
In fact, in a lot of the neglect cases, that is one of the
reasons they don't get counted, because, you know, people give
a little room there when there is poverty issues tied in to
some of the parental responsibility problems, in terms of--they
are living in poor families, and so there is--that is one of
the reasons they don't get counted as well.
But then it leaves us with numbers that don't make a whole
lot of sense, and it doesn't give us the ability to actually be
able to respond to those cases.
Mr. LEWIS. Any other member of the panel?
Mr. PETIT. On the poverty question, if I may say, in 1960
the poorest cohort were seniors, the--children were the second
poorest cohort. In 2010, children are the most poor cohort and
seniors are the least poor cohort. The Federal Government is
spending 7 times more per senior over 65 than per child under
the age of 18.
And if you look at the Federal benefits that go to seniors,
they are the same from one end of the country to the next. They
are the same in Maine as they are in Texas as they are in
Hawaii. That is true with Medicare, that is true with Social
Security.
When you look at the income security programs for children,
and the health care programs for children, they are largely
left up to the States to shape, which, in fact, is attributable
to some of the poverty that we are talking about, is that there
is wide variation among the States in dealing with this issue.
Chairman DAVIS. All right, thank you. The gentleman's time
has expired. I would like all the Members to know that in the
back of your packets or binders is State-specific information
for your home States on this data from the Congressional
Research Service.
And with that, I would like to recognize Mr. Berg from
North Dakota for 5 minutes.
Mr. BERG. Thank you, Mr. Chairman. This is--you know, has
to be one of the worst crimes that can be committed, a crime
against a child. I--you know, these stories you talk about,
putting a face on it, I mean it is just horrific.
My wife is a family practice doctor. And one of her most
difficult days is when she recognizes abuse in a child. And in
our State of North Dakota, the support for her has been
outstanding, to get that child in a good environment, a safe as
possible environment.
But, you know, in the discussion--I guess, Ms. Brown, the
discussion really relates around this coordination. And I guess
I am confused that, you know, almost half the States that are
reporting this data are just kind of regurgitating data that
you already have. And it seems to me that these States really
should be accessing other information that they have in their
States, whether that is a death certificate, medical
examination after death, or the child death review team
structure, which, to me, seems like an outstanding--somewhat
volunteer, but again, you can bring some real experts into
that.
So, I guess I'm just asking, how do we get more accurate
information? Not necessarily recreating the wheel, but how can
we get more of a response?
Ms. BROWN. Well, it seems to me that we have two places in
the count where the response breaks down. And the first one is
related to identifying whether a death is caused by
maltreatment. And we have heard about how challenging that can
be.
And then, the second one is, as you referred to, collecting
the data from the community in a way that can give a more
complete picture. And I agree that the child death review teams
that are on the local level can be very, very useful, because
that is a vehicle for bringing different organizations
together.
And part of the issue there is trust, and having personal
relationships. So, if you have a vehicle that regularly brings
them together, that could make a difference, and it doesn't
cost much.
Mr. BERG. Well, and it--again, our overall objective here
is really to prevent this from happening. And, you know, we are
gathering this data, and as I look at this data it is--I mean
it is as accurate and current as you can get it, but we are
years and years behind.
And so, again, it seems to me that what you are talking
about there on the local area--and again, you have a large
State, very populous, or a small State--if you could create a
system where you have local experts that are getting that
accurate information, but also thinking what steps can be done
on the local level and on the State level to, you know, again,
catch these children.
So that brings up the other question, and I just am always
frustrated by the lack of communications between different
agencies. And it seems to me, if you took this further in a
local, you have the child death review committee and they are
identifying certain trends, or certain things that really stand
out--let's take drugs, for example, drug abuse. If they are
saying that this is something that is a real--it is in almost
every one of these cases, how can they access the other
agencies within that local community that could identify and
share that information, so rather than reactively waiting,
become more proactive and encouraging these people to get
treatment or having a higher level of watchfulness over that
child? Please.
Dr. JENNY. One thing that I think is very helpful is
hospital-based child protection teams. Because that is a
place--in children's hospitals they have teams that meet weekly
and go over every case that has been in that jurisdiction--not
of deaths, but of kids that have been abused or neglected. And
it is a proactive process.
And having more support in the children's hospitals for
child protection teams is going to, I think, make a big
difference because we all talk to each other and we do a lot of
preventative work up front to avoid those deaths at the back
end.
Mr. BERG. Sure.
Ms. COVINGTON. I think, too, there is a trend in States for
more improved coordination of just general child protection
investigations. Some States actually require it, even though
they don't necessarily follow through on making sure that those
investigations are done in a coordinated way.
But in places where they are done in a coordinated way, I
think there is profound improvements in the way kids are
identified, because you have got--you have law enforcement, the
prosecutor, mental health, education, social services, they are
all at the table--public health, they are all at the table,
looking at this child from a more comprehensive----
Mr. BERG. It seems that those are best practices we could
share with other States, if we had a little more----
Mr. PETIT. May I say that, actually, there is a lot of this
going on right now through the Department of Justice? And one
of our coalition members is the National Children's Alliance.
And there are some 800 local jurisdictions that have district
attorneys, child protection, law enforcement, medical, that
come together, typically around child sexual abuse cases.
And may I just say in your own State of North Dakota, where
I had the privilege of spending the better part of a year doing
a project on child well-being for the North Dakota legislature,
that year North Dakota ranked first or second in the national
Kids Count survey. But if you had taken the 7 percent of
children who are Native American and put them in a new State of
East Dakota, they would have ranked 51st.
And so, the data kind of misrepresented what the overall
well-being was. It took us a year to get data from the Native
community. It was this question of trust. And they finally put
their numbers on the table. It created a new North Dakota
Commission on Indian Affairs and Child Welfare. And I have been
curious--this was 15 or 20 years ago--to see what impact
finally putting that data on the table had, which is what the
legislature was looking for. They didn't know how to help the
community----
Mr. BERG. Right.
Mr. PETIT [continuing]. Without the numbers, and they
didn't want to start spending money without the numbers.
Chairman DAVIS. Thank you very much. The gentleman's time
has expired. And Mr. Crowley from New York, you are recognized
for 5 minutes.
Mr. CROWLEY. Thank you, Mr. Chairman. Let me sincerely
thank you for holding this hearing today, and my colleague, Mr.
Doggett, for bringing this issue that really, in light of the
Caylee Anthony case, didn't necessarily need to be highlighted,
but I think in terms of what we, as a nation, are doing to
combat the abuse of children is certainly needed.
And I wonder whether or not the attention we have here
today would be as strong if it were not for this particular
case. I--and, Ms. Tunie, I appreciate your lending your voice
and your face to this issue, and all the panelists here today.
But this is a disturbing yet necessary subject matter that
needs to be addressed. And I wonder, though, whether or not we
would have the same attention we have today--I think you would
be, and I think all of you and the panelists would be, but I am
not so sure the media would be as strong as it is today.
Whether or not the death of Caylee Anthony was by means
or--of--caused by accidental neglect or first degree murder, at
the end of the day that young child was killed, and may very
well have been preventable if signs were--and steps were
taken--if signs were seen, and proper steps were taken to
prevent that. And I think the death of any young child, if it
can be prevented, we should be doing everything we can to do
that.
I have been involved in this area for some time, going back
to my days in the State legislature. I chaired a Subcommittee
on child product safety. I was concerned by maybe not even
accidental neglect, just the aspiration of small parts in toys,
and children dying from what appeared to be the cause of
pneumonia, when, in fact, it was they had aspirated a small
plastic piece into their lungs, and therefore, only through
autopsy later on was this found, to more high-profile today of
baby cribs.
I would like to ask the witnesses--you know, because I know
the GAO report has been focusing on the proper gathering of
statistics, and questioning whether or not we actually are
getting all the reportable statistics and compiling them
correctly to really get an understanding of the breadth and the
extent of neglect that is taking place. But whether or not--it
doesn't really address the issues of what to do once we have
that information.
And I know my colleagues have asked this in some ways, but
what else can we be doing to raise awareness? I know in a State
like mine, in New York, we have--we have seen success in public
awareness campaigns, especially as it pertains to the issue of
shaken baby syndrome, as well as safe sleeping for children.
What else can we be doing? What can we be doing to help parents
that may not be mindfully neglectful?
If you just--they have tough lives right now. The economy
being where it is, and the stress that that brings to bear on
people's lives, they would never put themselves in the category
of being accidentally neglectful, you know. What can we be
doing to help those folks, as well?
And other care givers that just may be unaware of the
dangers in everyday situations--for instance, like bath tub
safety and crib safety and choking hazard safeties? What could
we be doing to help those folks?
Dr. JENNY. One thing that your State has done, has been--
nurse home visitation to young families, particularly at-risk
young families. And they have done a randomized control trial
where they have found actually that over the years it decreases
welfare dependency, it increases the educational level of the
child in 15, 20-year followups, and also, it decreases the
abuse rate and also the illness rate.
So, David Olds model nurse home visitation would be an
excellent model for prevention.
Ms. COVINGTON. And that was funded in the Health Care
Reform Act, and all States are now going to start doing that.
And I think that that is really, really important, that that
stay there and be a large part for every State to be able to
have those dollars to be able to do those family home visits,
because it is one of the very few demonstrated evidence-based
practices that we know could actually reduce child
maltreatment.
That is part of the things I think we can do, is try to
figure out what really does work, because the research is
limited. Funds to figure out what really works for families is
limited. So there is little research looking at evidence-based
practices, but I think we need to keep doing that work. And
then, when we find something that works, make sure it gets out
to the general public and to communities, so they can start
implementing these practices.
Chairman DAVIS. Thank you very much. The gentleman's time
has expired. I would like to thank all of our witnesses for
your time and preparation, for your staffs, the investment of
research, and also helping us understand this very critical
issue further.
If Members have additional questions, they will submit them
directly to you in writing. And what we, on the Committee,
would ask is that you also send a copy of your response back to
us at the Subcommittee, so that we can insert it into the
record, as well.
Thank you again for highlighting this very critical
subject. And, with that, the Committee stands adjourned.
[Whereupon, at 11:26 a.m., the Subcommittee was adjourned.]
[Questions for the Record follow:]