Citizens have said enough is enough: We want transparency from DHHS
New grass-roots online sites ask people to tell their stories and unveil the secrecy
BY RAMONA DU HOUX
August 15th, 2011
Joe Baldacci, attorney for the Handlers.
Russell and Eleanor Handler know first-hand about the adverse consequences of Maine’s Department of Health and Human Services’ (DHHS) child-protection services having too much governmental power. Their parental rights have been terminated. They hope to do something to prevent future abuses from happening, as they work to share their story publicly, and to unveil the secrecy that currently exists in child-protective proceedings. Three Web sites have been activated to help improve the transparency of DHHS child-protection services for all the people of Maine.
“In a democracy, accountability can only occur where transparency and openness exist,” said Joseph Baldacci, co-counsel with fellow Bangor attorney Eric Mehnert, representing the Handlers.
“While DHHS may try to claim they have made improvements, the fact remains that the system — which affects hundred if not thousands of Maine families every year — still has a long way to go. For many reasons, reform needs to continue. It has to be an ongoing process for DHHS,” said attorney Mehnert.
State and federal mandates clearly say that kinship of children has to be sought if parental unification is not possible, before any child can be considered for adoption by non-relatives. This law is continually overlooked in favor of foster-care adoption. The Child and Family Services Review (CFSR) is the federal government’s program for assessing the performance of state child-welfare agencies with regard to positive outcomes for children and families. Their 2009 review found that in the area of preserving the continuity of family relationships and connections, known as Permanency Outcome 2, the state’s “percentage is less than the 95 percent required for a determination of substantial conformity. Maine is not in substantial conformity with Permanency Outcome 2.”
National studies have shown that persons with mental illness are disproportionately subject to child-protective proceedings, even though the incidence of actual abuse is low. And despite the Americans with Disabilities Act (ADA), the reunification plans developed often do not tailor the services to the particular diagnosis of the parent.
The state of Maine has an ombudsman’s office but it is not adequately funded. Furthermore, it does not have the independent authority to enforce reform within the DHHS. It is in actuality a paper tiger, and it is not the independent voice the Legislature intended.
Real reform and accountability could occur if our state’s court procedures and records are opened up to the public and press. Any areas in these records where personal information of children should remain confidential would be blackened out. At least twelve other states have established transparency in the courts, and every one stands behind their decision. Transparency improves the outcomes for children in state care.
For 28 years, the state of Oregon’s hearings in abuse and neglect cases have been open.
“The appearance of being treated fairly is compromised when things are done in secret,” said Oregon Circuit Judge Daniel Murphy. “People are suspicious of anything done secretly.”
Grass-roots citizens’ initiatives have been formed online to identify abuses by Maine’s DHHS. These Web sites are a central gathering place where Mainers can share information and build support systems to guard against DHHS abuses. These Web sites will help citizens across the state organize to take action.
The three sites to help progress child-protective services in Maine are:
Fairplay For Maine — devoted to stories that spotlight how Maine families have been impacted by DHHS.
Reform Maine DHHS — an information site to help protect the constitutional rights of all Mainers from DHHS abuse.
Find David Stuart Handler — where the unbelievable David Handler saga of DHHS abuse is shared.
Maine’s DHHS child-protective service needs to become transparent to protect the rights of all the people in Maine.
Maine’s Constitution declares in Art. 1, Sec. 2, “All power is inherent in the people; all free governments are founded in their authority and instituted for their benefit; they have therefore an unalienable and indefeasible right to institute government and to alter, reform or totally change the same when their safety and happiness require it.”
- See more at: http://maineinsights.com/perma/citizens-have-said-enough-is-enough-we-want-transparency-from-dhhs#sthash.hdFB1Ofo.dpuf
Pasted from <http://maineinsights.com/perma/citizens-have-said-enough-is-enough-we-want-transparency-from-dhhs
BY RAMONA DU HOUX
August 15th, 2011
Joe Baldacci, attorney for the Handlers.
Russell and Eleanor Handler know first-hand about the adverse consequences of Maine’s Department of Health and Human Services’ (DHHS) child-protection services having too much governmental power. Their parental rights have been terminated. They hope to do something to prevent future abuses from happening, as they work to share their story publicly, and to unveil the secrecy that currently exists in child-protective proceedings. Three Web sites have been activated to help improve the transparency of DHHS child-protection services for all the people of Maine.
“In a democracy, accountability can only occur where transparency and openness exist,” said Joseph Baldacci, co-counsel with fellow Bangor attorney Eric Mehnert, representing the Handlers.
“While DHHS may try to claim they have made improvements, the fact remains that the system — which affects hundred if not thousands of Maine families every year — still has a long way to go. For many reasons, reform needs to continue. It has to be an ongoing process for DHHS,” said attorney Mehnert.
State and federal mandates clearly say that kinship of children has to be sought if parental unification is not possible, before any child can be considered for adoption by non-relatives. This law is continually overlooked in favor of foster-care adoption. The Child and Family Services Review (CFSR) is the federal government’s program for assessing the performance of state child-welfare agencies with regard to positive outcomes for children and families. Their 2009 review found that in the area of preserving the continuity of family relationships and connections, known as Permanency Outcome 2, the state’s “percentage is less than the 95 percent required for a determination of substantial conformity. Maine is not in substantial conformity with Permanency Outcome 2.”
National studies have shown that persons with mental illness are disproportionately subject to child-protective proceedings, even though the incidence of actual abuse is low. And despite the Americans with Disabilities Act (ADA), the reunification plans developed often do not tailor the services to the particular diagnosis of the parent.
The state of Maine has an ombudsman’s office but it is not adequately funded. Furthermore, it does not have the independent authority to enforce reform within the DHHS. It is in actuality a paper tiger, and it is not the independent voice the Legislature intended.
Real reform and accountability could occur if our state’s court procedures and records are opened up to the public and press. Any areas in these records where personal information of children should remain confidential would be blackened out. At least twelve other states have established transparency in the courts, and every one stands behind their decision. Transparency improves the outcomes for children in state care.
For 28 years, the state of Oregon’s hearings in abuse and neglect cases have been open.
“The appearance of being treated fairly is compromised when things are done in secret,” said Oregon Circuit Judge Daniel Murphy. “People are suspicious of anything done secretly.”
Grass-roots citizens’ initiatives have been formed online to identify abuses by Maine’s DHHS. These Web sites are a central gathering place where Mainers can share information and build support systems to guard against DHHS abuses. These Web sites will help citizens across the state organize to take action.
The three sites to help progress child-protective services in Maine are:
Fairplay For Maine — devoted to stories that spotlight how Maine families have been impacted by DHHS.
Reform Maine DHHS — an information site to help protect the constitutional rights of all Mainers from DHHS abuse.
Find David Stuart Handler — where the unbelievable David Handler saga of DHHS abuse is shared.
Maine’s DHHS child-protective service needs to become transparent to protect the rights of all the people in Maine.
Maine’s Constitution declares in Art. 1, Sec. 2, “All power is inherent in the people; all free governments are founded in their authority and instituted for their benefit; they have therefore an unalienable and indefeasible right to institute government and to alter, reform or totally change the same when their safety and happiness require it.”
- See more at: http://maineinsights.com/perma/citizens-have-said-enough-is-enough-we-want-transparency-from-dhhs#sthash.hdFB1Ofo.dpuf
Pasted from <http://maineinsights.com/perma/citizens-have-said-enough-is-enough-we-want-transparency-from-dhhs