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CYF sworn to secrecy in child welfare cases
Saturday, August 04, 2007

Ever since Rachel Booth was charged with killing her father, the public has questioned why no one did anything to protect the 13-year-old girl, who said she endured years of physical and sexual abuse at his hands.

Many people following the story in the media have expressed outrage that neighbors apparently heard screams from the house on Pitt Street in Elizabeth Township but never called authorities.

Some have also wondered if the county's office of Children, Youth and Families did its job properly in investigating allegations of abuse in the Booth family.

During a tour of the filth-ridden Booth home yesterday, District Attorney Stephen A. Zappala Jr. joined them in leveling an accusation.

The county child protection agency had been involved with the family for years, he told the media, and "CYF is going to have to answer some questions" about why Rachel was left in the house for as long as she was.

Rachel's father, Matthew Booth, 34, had custody of Rachel and her 14-year-old brother. Her mother, Michelle Fazek, had custody of the couple's 12-year-old.

Told of Mr. Zappala's remarks, Marc Cherna, head of Allegheny County's Department of Human Services, said state law does not allow him to reveal any information about CYF cases.

"I have not heard that statement, but if it's true that he did say that, I'm disappointed that he would make a statement like that without knowing all the facts," Mr. Cherna said. "I wish the law allowed me to speak about the case. But unfortunately, my hands are tied."

Civil court documents filed over the years by Matthew Booth and the children's mother, Michelle Fazek, indicate that CYF responded to various claims of abuse or neglect.

But Pennsylvania, like most states, has very restrictive laws against discussing those investigations, so it's difficult to know what action CYF took.

"Confidentiality laws that protect families who benefit from the services we offer through child welfare consequently legally prohibit us from disclosing any information about a family's situation," Mr. Cherna explained this week in a letter to the editor in the Pittsburgh Post-Gazette. "But be assured, every allegation of suspected abuse is investigated and acted upon. Every one."

Richard Wexler, executive director of the National Coalition for Child Protection Reform, Alexandria, Va., said only a handful of states would allow an official in Mr. Cherna's position to discuss a case such as Rachel's.

"In Pennsylvania, unfortunately, they're not allowed to talk when they want to, and they are not required to talk when they should," he said.

In most states, child welfare records are sealed and usually court hearings are, too.

But there are a few states where a child welfare agency is allowed to comment, and Mr. Wexler said the trend is toward more openness.

He said that in Arizona, for example, Mr. Cherna's counterpart could "confirm, clarify and correct" anything said about a case that has become public. He said New York, Maine and Iowa also have statutes that would allow an agency to say something about what it did or didn't do, at least in some instances.

In New York City, he said, officials have been increasingly open about investigations, realizing that saying nothing often creates the impression of guilt.

"The city child welfare agency has been smart enough to figure out that even when it is their fault, when they get the information out quickly, at least they won't get accused of covering up," Mr. Wexler said.

He said Allegheny County's CYF is a model agency, although in the interest of full disclosure, he also mentioned that in 1995 he served on the search committee that recommended Mr. Cherna and another candidate as finalists for the job.

"Every child welfare agency makes terrible mistakes. Allegheny County makes them less often than others," he said. "It's not just a good reputation, it's well-deserved."

But, he said, state lawmakers should allow the agency to talk, especially when a case generates so much public interest. Although some experts are of the opinion that disclosing information hurts children, Mr. Wexler maintains that secrecy harms them more in the long run.

"The Legislature needs to give Marc Cherna and his counterparts the right to defend themselves," he said. "This also helps force them to take responsibility when they're wrong."

First published at PG NOW on August 3, 2007 at 11:39 pm
Torsten Ove can be reached at tove@post-gazette.com or 412-263-1510.
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