INPUT Government Technology Market Blog

Data Transparency: Are States Compromising the Welfare of Children for the Sake of Secrecy?

The high volume of child abuse and neglect cases demonstrates that withholding information from the public has dire consequences when it comes to keeping kids safe. It is imperative for states to demand greater accountability and maximum transparency in order to expose and resolve systemic problems in child abuse prevention systems.

According to a recent report by two national child advocacy groups, First Star and The Children's Advocacy Institute, most states fail to unveil sufficient information about fatal and life-threatening child abuse cases, placing confidentiality above the welfare of children. The report, State Secrecy and Child Deaths in the United States, examines states' compliance with the federal Child Abuse Prevention and Treatment Act, which provides federal grants for states to improve child protective services and abuse-prevention programs. The federal law requires states to publicly disclose deaths and serious injuries of children, yet many states reluctant in releasing information about their roles in such cases. The report also issues letter grades "A" through "F" based on an analysis of public disclosure laws and policies on cases of child abuse or neglect that resulted in deaths and near-deaths in all 50 U.S. states and the District of Columbia.

Among the states evaluated, Nevada, New Hampshire, California, Indiana, Iowa, and Oregon were the only states that received top grades of "A" or "A-." Moreover, twenty-eight states received a grade of "C+" or lower. The Commonwealth of Pennsylvania was among the ten states that were given failing grades. In relation to the report, Pennsylvania does not authorize the release of abuse-related deaths and near-deaths to the public. Thus, the state's public welfare officials have been disputing these accusations, arguing that an annual child-abuse report is routinely released to the public and also available on the Department of Public Welfare website. The report provides summaries of 42 fatal and life-threatening cases reported since May 2007. These policy changes were signed into law by Governor Rendell in 2006.

Vermont was also among the states that flunked due to the lack of public disclosure on child abuse cases. As indicated by the Commissioner of Vermont's Department for Children and Families, the state has made a decision to keep child abuse and neglect proceedings closed to the public in order protect the privacy of victims involved in such cases and to prevent the possibility of public humiliation. However, one does not have to look too hard to see the high volume of news articles each day reporting child abuse cases resulting in devastating outcomes. By withholding information, states are reducing the efficiency and effectiveness of the child welfare system. As emphasized by the authors of State Secrecy and Child Deaths in the United States who strongly support greater transparency, when state systems are transparent and accountable, they perform better.

The other states that received a grade of "F" include Georgia, Maryland, Montana, New Mexico, North Dakota, South Dakota, Tennessee, and Utah.

Gain more insight into state and local transparency efforts at INPUT's 3rd Annual State & Local MarketView event on June 4, 2008 in Tysons Corner.

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There's a much broader issue here than compliance with the CAPTA requirements, which focus on release of information after the fact about cases that result in disastrous failure (i.e. death or serious injury). The report's assertion that public agencies hide behind confidentiality rules is valid in too many instances. But as long as we're only talking about using open-records to reveal a chain of events after the fact, we're only talking about forensics - not really about protecting children. What about timely exchanges of information about kids before disaster strikes? That's the larger problem that the IT industry should be trying to help states address, both by delivering secure data-sharing solutions and by advocating for confidentiality policies that support good child welfare practice.

If you've ever had the depressing experience of reading a child fatality review, you'll know that one of the most striking things about these cases, when viewed in retrospect, is that so much was really known about the extent of the risk that the kids were exposed to. But the information was so dissipated, so hard to access, that the critical decisions made during the investigation process (or the placement process, or the discharge process) were made with only framgentary information. That, combined with poor decision support for front-line workers, makes it more likely that disasters will continue to occur.

We need to start learning the lessons of these CAPTA-authorized, post-hoc reviews - and start ensuring that all of the clues we can pull together after the fact are consistently pulled together before the fact.
# Posted By TW | 5/6/08 4:56 PM