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STATEMENT
OF CONGRESSWOMAN ELEANOR HOLMES NORTON HEARING ON THE STATUS OF D.C. CHILD AND FAMILY
SERVICES
May 5, 2000
I appreciate the quick action and serious
attention of Chairman Tom Davis to problems in receiverships that control three important
D.C. functions. When the Chair learned of these problems, he asked me to join him in
initiating a GAO study of the District's receiverships, beginning with the Receivership
for the Child and Family Services Agency (CFSA). We began there because of the tragic and
clearly preventable death of the infant, Brianna Blackmond, the confusion and uncertainty
in assessing responsibility for the child's death, and evidence of disarray the tragedy
brought to public view that could mean other children under the care of the receivership
may not be safe. We also will hold hearings and have requested GAO reports on the D.C.
Jail Medical Receivership, where there has been evidence of excessive costs and irregular
procurement practices, and the Mental Health Receivership, whose problems were so severe
that a receiver was recently asked to resign. The Public Housing receivership will end
this year, and the agency will be returned to District control. The Receiver, David
Gilmore, stands out for the success of his tenure, which took a very complicated agency
with the longest history of failure and dysfunction, and reformed all its functions--
operations, social services, physical infrastructure, and public safety. Hearings and
action by the Congress on these receiverships are necessary because the courts and not the
District government have authority over the functions.
Courts necessarily depend upon the receivers and the monitors of the receivers the courts
appoint. The evidence is already clear that receivers in the District often function as
independent operators outside of the laws applicable to D.C. elected and appointed
officials and personnel, without guidelines concerning appropriate operational,
management, and procurement standards, and with little of the accountability of other
managers in the District.
The senseless death of a helpless infant and
the continuing responsibility for thousands of other children under the care of the CFSA
receivership raises the most serious questions about the progress of this receivership in
eliminating the problems that necessitated its creation in the first place. As an
analytical and policy indicator, neither Chairman Davis nor I would judge a receivership
by one tragedy, even one as indisputably unnecessary as the death of the infant, Brianna.
At the same time, the failure of literally every adult and every institution responsible
for Brianna has provoked understandable outrage from everyone who has heard the tragedy of
avoidable errors that led in a straight line to this child's death. Nothing that we have
learned since has relieved our fear that a similar tragedy could not occur again.
Therefore, even before the final GAO reports are in, we feel compelled by what we already
know to move legislation. Chairman Davis has joined me in sponsoring H.R. 3995, the D.C.
Receivership Accountability Act of 2000, which we will mark up today. It compels receivers
to meet the same standards the public has a right to expect of any official charged with
the care of children and other residents and of any official privileged to allocate
taxpayer funds.
My concern with the record of these
receiverships is increased because they were taken from the District by the courts because
of systemic failure by the city. Yet, the receivership agencies apparently have not always
been closely and effectively supervised by the receivers and the monitors, and improvement
has been tortuously slow. The CFSA Receivership is on its second receiver after the first
one brought too little improvement. The continuing failures, culminating in Brianna's
death, are particularly troubling considering that the receiver has been given by the
Court "all necessary authority to ensure full compliance."
Unlike the receivers, the D.C. government is
installing the most rigorous set of management and accountability systems. I applaud Mayor
Williams for his initiative in appointing his own Special Counsel to coordinate matters
between the receivers and the District and to work on a transition of these functions to
the District. Years ago, the city failed the children and other residents these functions
serve. Today, we hear whether one receivership has done any better. At the end of these
hearings on all the receiverships, we will know whether the right question is would
District do better or could the city do any worse.
I thank Chairman Davis for holding this
hearing and look forward to hearing from the witnesses today. |