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Advocate calls for overhaul of child services and due process reforms for DCYF

October 17, 2024 | Special Committee on the Family Division of the Circuit Court, House of Representatives, Committees , Legislative, New Hampshire


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Advocate calls for overhaul of child services and due process reforms for DCYF
In a recent meeting of the New Hampshire House Special Committee on the Division for Children, Youth and Families (DCYF), significant concerns were raised regarding the agency's practices and the broader implications for child welfare in the state. The discussions highlighted the need for reform in how child abuse and neglect investigations are conducted, emphasizing the importance of due process and accountability.

One of the primary issues addressed was the ongoing litigation involving DCYF, which has been criticized for its approach to child welfare that some argue prioritizes profit over the well-being of families. Concerns were voiced about the agency's practices, which have been described as "warehousing children" and creating a "pipeline of children for profit." This has led to calls for a reevaluation of the agency's role and the methods it employs in handling cases of child abuse and neglect.

A key recommendation from the meeting was to implement body cameras for social workers to ensure transparency and accountability during investigations. This proposal aims to address the prevalence of hearsay evidence in court, which can lead to unjust outcomes for families. Additionally, there were suggestions to exempt the public from wiretapping laws when recording government officials, reinforcing the idea that citizens should have the right to document interactions with state employees.

The committee also discussed the need for a clearer framework regarding parental fitness assessments, particularly for parents who have not been charged with abuse. Current standards were criticized for being vague and potentially discriminatory, especially against those with untreated mental health issues. The discussion underscored the importance of objective criteria in evaluating parental fitness to prevent unjust separations of families.

Another significant point raised was the proposal to shift the responsibility of child abuse investigations back to law enforcement, as it was prior to the 1970s. Advocates argued that this change would restore due process, allowing for a fairer judicial process where evidence is scrutinized by a jury rather than a judge alone. This shift could eliminate the issues associated with anonymous reporting and hearsay, which have been criticized for undermining the rights of accused parents.

The meeting concluded with a call for legislative reforms to enhance oversight of DCYF, including granting subpoena power to committees and exploring the process of filing bills of address against state employees implicated in misconduct. These measures aim to ensure that those responsible for child welfare are held accountable and that families receive the support they need without fear of unjust repercussions.

Overall, the discussions at the meeting reflect a growing concern about the practices of DCYF and the need for systemic changes to protect the rights of families and children in New Hampshire. As the committee moves forward, the proposed reforms could significantly impact how child welfare cases are managed in the state, emphasizing the importance of due process and accountability in the system.

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Scribe from Workplace AI
Scribe from Workplace AI