Intensify child protection in Minnesota

Problems with Minnesota's child-protection system favoring case closure over thorough investigation of reports of abuse are not new ("The boy they couldn't save," Aug. 31). The holes in the system leave children like Eric Dean vulnerable to continued suffering and abuse despite multiple reports to county child-protection workers. Eric, dead at age 4, was as much a victim of the system as he was of the woman convicted of killing him.

In 2001 in Albert Lea, I handled a wrongful-death case that was strikingly similar to that of Eric Dean. Nineteen-month-old Makaio Radke was beaten to death by Paul Gutierrez, the live-in boyfriend of his mother, following repeated reports of maltreatment. At the time of his death, he was the subject of a child-abuse-and-neglect investigation by the Freeborn County Department of Human Services. His parents had separated amid a divorce proceeding, and he lived with his mother.

Initially, Makaio's dad saw bruises and lesions during a visit and took him to the Albert Lea Medical Center. The doctor reported suspected abuse and neglect to the county Department of Human Services, prompting a social worker to visit the child at home. Makaio's mother said he'd been injured in a fall, and nothing happened. A few weeks later, his dad took him to the police after noticing bruising on the child's testicles. After the police took photos, his dad took him again to the medical center, where Makaio was diagnosed with abrasions and wounds resembling burns. The doctor reported suspected abuse to the county. The same social worker visited Makaio at home. This time she was told by his mother that Makaio's injuries were from hand, foot and mouth disease. Apparently this was an acceptable explanation for the social worker, despite the doctor's report.

Gutierrez was seen in the home by the social worker during a visit but was never questioned. Had he been, the social worker would have learned that he had a lengthy criminal record, including fifth-degree criminal sexual conduct.

The county sent Makaio's dad a letter stating that it had determined that no abuse had occurred and that child protective services were unnecessary.

Other reports of new abuse, however, were made by Makaio's guardian ad litem and to the police. The new report by the guardian ad litem sat on the desk of another child-protection worker for nearly a week before that worker finally went to the home on a Friday. She observed that Makaio had bruises on his back, ribs and temple; had a runny nose, and was lethargic. Instead of helping him, she left after about 30 minutes. The only person ever interviewed by county workers was Makaio's mother. That evening, Makaio's mother went out, leaving him alone with Gutierrez, who viciously beat him to death. Gutierrez was convicted of first- and second-degree murder. In our civil case, the Minnesota Supreme Court recognized a cause of action for a claim of negligence against the county and social workers under the Child Abuse Reporting Act. The decision, authored by then-Chief Justice Kathleen Blatz, came down in 2005 on the anniversary of Makaio's death.

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The Child Abuse Reporting Act is intended to protect vulnerable children brought to the attention of the child-protection system administered by the state's counties. A case frequently is triggered by a mandatory reporter such as a physician. What happens afterward varies depending on the county involved. Greater Minnesota counties may proceed differently than metro counties.

The state should adopt a standard protocol rather than leaving it to individual counties to manage and implement assignments, investigations and determinations of reports. The counties, as the last line of protection from abuse and neglect, must shift the direction of report processing to make children's safety the top priority. This change will save lives.

Investigations need additional review and oversight before a county determines that a report of maltreatment or neglect is "unsubstantiated." Currently, this determination can be made by the same child-protection worker who made a home visit and interviewed one or both parents. There is no requirement that the worker's supervisor, or anyone else, review the determination. Reports of maltreatment and neglect can be closed by a summary report written by the child-protection worker. This is inadequate oversight for determinations that can become matters of life and death.

Infants and children unable to speak are particularly vulnerable. Some children who can talk might be afraid to do so. The fact that parents or caregivers may lie to protect themselves or others makes this all the more vital. Hasty determinations and case closures can lead to tragic consequences.

Mandatory oversight and review of all child-protection reports and investigations should be implemented. Likewise, external audits by the Minnesota Department of Human Services should be required to ensure that claims under the Child Abuse Reporting Act are being investigated as required by law.

The protection system is the last line of defense for Minnesota's vulnerable children. The Legislature needs to ensure that everything possible is being done for children who come into the system. Until changes are made, more children like Eric Dean will die from neglect and abuse.

Stephen C. Fiebiger is an attorney in Burnsville. He was counsel for the plaintiff in Radke vs. County of Freeborn, et al.