by Nancy Jennings

Last year we profiled the Children's Ombudsman, Richard Bearup. The office of the Ombudsman has been a popular topic among child welfare professionals, and the families and children who are affected by Michigan's child welfare system. It has also become discussion fodder among the media and the public at large.

The Ombudsman's office currently employs eleven full-time staff members, and the budget is $988,000. Bearup says they hope to "top out" their staff at around 15 employees.

The staff currently includes nine field investigators and one intake investigator. These are limited term positions, not permanent civil service positions. This limited term "reflects a new era of governance," Bearup says, "where an operation may not be in place forever. We may work ourselves out of business after a few years. We may be able to effect enough systems changes that we'd be out of jobs." The concept of "limited term positions" also increases access to the multi-disciplinary qualities Bearup requires in his staff. They are professionals from various walks of life, including law enforcement, social work, community health, and child development. Bearup believes recognition of cultural and ethnic diversity and related issues are very important to best serve children. This diversity is reflected in the staff which includes one African American and two Hispanic persons.

Since its inception in January, 1995, the Ombudsman's office has investigated 443 cases. Many cases are multi-dimensional and involve protective services as well as foster care and adoption. According to Bearup, roughly 70% of the case complaints deal with protective service issues; 20% with foster care; and 10% with adoption.

Each investigator has "a passel of cases," says Bearup. Ultimately, the investigator brings the case disposition to a multi-disciplinary team to defend not only the actions that he or she has taken, but to hear the recommendations of the team as well. This allows everyone involved to have a well-rounded look at the cases and children who come up for review. An investigator may also enlist clinical expertise (such as a psychologists or pediatric expert in child abuse) on an as-needed basis.

Caseworkers average about 22-25 contacts per case. These contacts can range from a series of phones calls to a number of interviews. Because the staff of the Ombudsman's office is relatively small, they do not have the luxury of sending out an investigator on every case. Much of their research is done over the phone, and by thoroughly reviewing case records.

In any case, the Ombudsman will not get involved until an "administrative act" has taken place. In other words, their office cannot take an original PS complaint, but rather will refer the inquiry to the appropriate agency for investigation. Bearup says the law clearly defines what that "administrative act" is, and that the Ombudsman's office was not brought into being to take the place of protective services or foster or adoption services.

With respect to a protective service (PS) inquiry, the caller is first asked if they have called their local protective service office. If not, they are directed to contact that office first. If, after talking with the PS worker and supervisor the caller is still not satisfied, the Ombudsman will then intervene. "The Ombudsman is not always welcome in investigations by agencies," says Bearup, "But we're not out to give anyone a hard time, we're just trying to fulfill our obligations under the law."

Many PS complaints stem from a child being left in or placed in a harmful situation. Sometimes, the complaint is about a child being precipitously removed from a home "without cause." The typical complainants are grandparents and other relatives, although a number of Michigan legislators have also called the Ombudsman on behalf of their constituents.

On the other hand, foster care complaints are not always typical and tend to be more complex. Frequently the allegation is that the child has languished too long in the foster care system, well beyond what the law allows. Bearup says he may "approach judges on a collaborative, informal basis" to ask if he may address them about a given case. "I'm respectful enough to know that I can't tell them how to do their jobs, but I may have information that can help them decide the case." He says he may also write to the court about a case he feels particularly strongly about. "Caregivers are being given a multitude of chances" says Bearup," and there's a fair degree of noncompliance, with no consequences." Foster parents may also complain to the office that they are being ill-treated. New laws giving foster parents more say in a child's future have not entirely been followed. Many times, foster parents who are interested in adopting their foster children feel they are being treated unjustly.

The Ombudsman has received some criticism from foster parents that their complaints haven't been prioritized higher. "But," as Bearup mentioned, "the well-being and safety of the children always has to come first. Certainly, the implication of a foster parent complaint is just that. But sometimes it's that they, as adults, have been mistreated by the system. We can't always put them first."

Bearup says there have also been a few "whistle blowers" from within the child welfare system who have come forward and indicated a case with their agency may not have been handled properly. He says those cases are always investigated because a child is allegedly at risk, and the allegation is coming from someone within the system.

"One interesting fact," Bearup says, "is that we have not had one single complaint under the law concerning adoption attorneys. Not that there aren't complaints, but we don't hear about them. In part, this is due to the excellent work of the state bar's adoption committee, which has worked hard to train their attorneys." Bearup is very impressed with these attorneys' work. A statewide training session is planned for this Fall. "They've done a heck of a job steeping themselves in what's best for children," Bearup says of the adoption attorneys. He is also impressed with the professionalism with which they approach their tasks. Last year, the Attorney General struck down the part of the legislation which mandated continuing education for attorneys who wish to specialize in adoptions, but the Ombudsman's office keeps a list of attorneys who do qualify under the law. There are currently 243 attorneys on the list, which is voluntary and not all-inclusive.

When asked what the future holds for the Ombudsman's office, Bearup says, "Our initial goal is to improve upon the foundation that's already been laid. We will do a better job in our operation as a multi-disciplinary team. We will also start getting into customer [complainant] feedback -- there's nothing formalized in place, but I would like to have something, especially with regards to dissatisfied customers. We need to model to the [child welfare] system that we need to be as interested in what our critics have to say as our satisfied customers. We need to listen to what our children have to say about how we handle their futures."

The Ombudsman's office can be reached at (517) 373-3077.

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When Therapy is Necessary

by Donetta Hayes

Most adults are able to communicate feelings verbally. Children, on the other hand, may be able to communicate feelings verbally, but more often than not, feelings are communicated through behavior. This behavior is often displayed in one of two ways: external behavior and internal behavior. External behaviors consist of the child acting out against his or her environment. This can include destruction of property, fire-setting, aggression, or extreme opposition to authority. Internal behaviors consist of acts against self such as: bed-wetting, problems at school, having no significant relationships, distancing, running away, and self-abusive behaviors. These behaviors can range from moderate to severe and it is an important job of the parents to listen to what the child is communicating through these behaviors.

Parents often need help understanding what the child is saying through external and internal behaviors. Generally, any child who has been physically or sexually abused, has witnessed acts of violence, or has been separated from siblings or other birth family members will eventually need some form of counseling to help cope with these traumas. Children who have been adopted may also be coping with fears and fantasies related to their present situation. Fears such as the adopted family doesn't really want them or is going to send them away, and fantasies that the biological family will come back to "rescue" them, may all need to be addressed with the help of therapy.

Ideally, parents who have decided to seek the help of a therapist should be involved in the entire process, Participating in therapy with the child is something that should be seriously considered. Parents need not feel anxious, as though they may have caused the problem that is now occurring in the home. Although parental expectations and reactions to the child's behaviors can contribute to the problem, the parent's commitment to participate in therapy with the child will also likely contribute to the solution.

Therapy should not be seen as a means to "fix" a child, as though it is the sole responsibility of the child to make changes. Rather, it is an opportunity for the entire family to identify certain issues and work toward a common goal of improving family relationships. It is important to remember that therapy offers no guarantees. A therapist can neither create the perfect child nor the perfect parents. However, as an "objective outsider" a therapist can: be a partner with the parents in helping the child learn to cope with past traumas, help the parents cope with current behaviors, and empower the parents and the child to make positive changes as individuals and as a family unit. If a child is adamantly opposed to therapy, the parents should visit a therapist on their own. It is important that parents understand and are able to adequately address the issues that are currently affecting the family.

In our next issue we will discuss how to locate a therapist and important criteria to consider in selecting a therapist to work with your family.