Taking Action to Strengthen Child Protection

Op-Ed

Op-Ed: Taking Action to Strengthen Child Protection

Steve Dale, Commissioner, Department for Children and Families

Rob Hofmann, Commissioner, Department of Corrections

Tom Tremblay, Commissioner, Department of Public Safety

It seems inconceivable to most Vermonters that a child could be sexually abused and murdered here in the Green Mountain State, one of the safest and most welcoming in the country. But in light of recent events, we are forced to acknowledge that it can indeed happen here and that there is more that can be done to prevent future crimes against children. That is why Governor Douglas directed the three state departments most directly involved with child protection and public safety--the Department for Children and Families (DCF), the Department of Corrections (DOC), and the Department of Public Safety (DPS)--to take a hard look at how we can prevent, to the extent possible, future tragedies.

As the commissioners leading these departments, we developed a comprehensive, 23-point action plan that includes internal policy changes and recommended legislative actions to dramatically improve child safety, community education, offender accountability, and inter-departmental communication regarding sex offenses against children. This 23-point action plan has been approved by Governor Douglas and was presented on August 7 to the Senate Judiciary committee for their consideration.

Preventing child abuse is essential to ensuring safer, stronger communities. We must assure that families, schools, organizations and state agencies are equipped to take all steps possible to protect children. Our recommendations include: creating a sex abuse prevention component in all school health curricula; requiring school districts to check the DCF child protection registry before hiring staff and volunteers; and creating a public education campaign to reinforce parental responsibility and awareness about sexual abuse. In addition DCF will implement Centralized Intake for all reports of child abuse and neglect, effective September 2.

It is also vital that law enforcement and prosecutors have every available tool to successfully investigate and prosecute sexual predators. We continue to move forward with the Governor's directive to establish special investigation units in every region of the state. We also recommend eliminating deferred sentences and expunged records for sex offenses, and strongly support adopting the federal rule of evidence, which allows the introduction of evidence of a defendant's commission of other sex offenses to be included in the prosecution of sexual assault or child molestation.

We must ensure sex offenders are held accountable for their crimes and kept off of our streets through enhanced sentencing, which is why we strongly support the Governor's call for a Jessica's Law for Vermont and a civil confinement policy that prevents the release of predators who continue to pose a threat to our communities. Further, we must assure that a court has all relevant information necessary to structure a sentence that protects the community. We recommend requiring courts to order pre-sentence investigations for sex offenders, and to review and amend the conditions of probation imposed when a split sentence is ordered.

Finally, it is imperative that convicted sex offenders are aggressively monitored and supervised when released into the community. Among other recommendations, we strongly support assigning specialized probation officers to supervise sex offenders; expanding the use of electronic monitoring technology in offender supervision; requiring that released offenders submit to periodic polygraph (lie-detector) tests and establishing a complete internet registry that includes the photo and home and work addresses of convicted offenders.

The 23 action items the Governor has ordered us to advance will significantly improve the safety of Vermont's children and families. For those improvements which we can implement without legislation, we are. For those that need legislative action we call on our Legislature to act swiftly so that our unified message is clear: Vermont will not tolerate the criminal actions of sex offenders.

A complete list of the 23 Safe Communities action items follows.

Safe Communities: A 23-Point Action Plan

Child Abuse Prevention

Assure that families, schools, organizations and state agencies are educated and equipped to take all steps possible to protect children.

Include a sexual abuse prevention component in all school health curricula that includes parent/caregiver involvement.

Require school districts to include a check of the DCF child protection registry before hiring staff or volunteers.

Prevent certain professional licensure of individuals who are substantiated child abusers on DCF child abuse registry.

Develop an outreach program to non-profit organizations, faith-based organizations and volunteer groups to assure full use of the DCF child abuse registry when screening staff and volunteers.

Create Public Service announcement and other outreach to reinforce parental responsibility and raise awareness of families and communities about child sexual abuse.

Criminalize sexual contact between school employees and students past the age of minority.

Minimize the traumatization of children by amending the evidentiary requirements for Human Services Board substantiation proceedings to allow for admission of a child's recorded statements and to authorize the admission of court judgments and convictions for related behavior by the abuser.

Fully comply with federal law that requires DCF to release information to the public about child fatalities to include release of information about "near fatalities."

Investigation and Prosecutions

Assure that law enforcement and prosecutors have every available tool for the successful investigation and prosecution of sexual predators.

1. Implement Centralized Intake of all reports of abuse and neglect to DCF, effective September 2, 2008.

2. Continue support for the development of special investigation units in every region of the State.

3. Adopt the federal rule of evidence that allows the introduction of evidence of a defendant's commission of other sex offenses in a prosecution for sexual assault or child molestation.

4. Eliminate deferred sentences and expunged records for sex offenses.

5. Allow records that have been sealed by a court to be unsealed for law enforcement purposes.

Sentencing

Assure that a court has all relevant information necessary to fashion a sentence that protects the community and enhance sentences for sex offenses.

Remove court's discretion to waive pre-sentence investigations for sex offenders, include child protection registry information and facts resulting in prior convictions in the investigation, and allow release of investigation to DCF when necessary for child protection.

Require courts to review and amend the conditions of probation imposed, as appropriate, when a split sentence (a sentence of incarceration followed by probation) is ordered and allow the court to consider additional relevant information about a defendant developed after the date of sentencing and during the period of incarceration.

Enact a Jessica's Law.

Offender Supervision

Assure that convicted sex offenders are aggressively monitored and supervised if released into the community and that sexually violent predators are civilly confined.

Enact a civil confinement law.

Implement protocols for DCF to be notified whenever an offender is considered for release to a home with children in order to do a risk of harm assessment.

Specially assign a team of probation officers tasked with the supervision of sex offenders who will draft PSI's, monitor and supervise offenders in the community and interface with SIUs.

Expand the use of technology in supervision of offenders including electronic monitoring and mandatory polygraph exams and require conditions that limit or allow for supervision of sex offender internet use.

Mandate pre-hearing detention for sex offenders who violate risk-related conditions of probation or parole to allow for a full review of the circumstances of the violation and the development of necessary amendments to conditions of release for presentation to the court.

Develop criteria and centralized review of release recommendations made by DOC with respect to the most serious sex offenders to include consultation with the sex offender treatment program.

Implement Adam Walsh Act which includes an expanded internet registry and more frequent reporting and monitoring.

Source