Testimony Before the DC Council Committee on Facilities & Family Services at the Budget Oversight Hearing on the Child and Family Services Agency, Office of the Ombudsperson for Children

By Tameria Lewis, Senior Director of Government Affairs, DC Charter School Alliance

April 11, 2023

Thank you Chairperson Lewis George and members of the Committee for the opportunity to submit written testimony on specific challenges charter schools are encountering with CFSA and ways to address these challenges moving forward. My name is Tameria Lewis, and I’m the Senior Director of Government Affairs at the DC Charter School Alliance, the local non-profit that advocates on behalf of public charter schools to ensure that every student can choose high-quality public schools that prepare them for lifelong success.

As I’ve testified previously, I grew up in foster care so I have a unique perspective on these issues. I’ve spent my career working in education and public policy because of teachers and other school staff who helped create safe spaces for me. That’s why I know just how critical educators are in creating safe spaces for students to courageously ask for help when they’re in danger at home. And I also know how critical it is for school staff to have effective child welfare systems that promptly respond and center students’ safety and emotional well-being.

I want to start by expressing our appreciation for the DC Council’s creation of the Office of the Ombudsperson for Children. We’ve worked closely with charter schools to make sure they are reporting concerns on individual cases to get assistance in real-time, and we’ll continue to do so going forward.

I noted when we testified at the March Performance Hearing that the DC Alliance would be facilitating a conversation between CFSA leadership and charter schools on the challenges they face. We met with Director Matthews and members of his leadership team on March 14. While we appreciate their willingness to open a conversation, and we did get some additional clarity on issues we previously raised, our schools still have many questions, particularly about what happens after a child discloses abuse or neglect in the home to a trusted teacher or staff member and the school makes the call to CFSA. For example:

• What is the recommended process for escalating a report when the situation is urgent and CFSA’s response is unclear?

• What expectations should school staff have when reporting an urgent safety issue? Should schools expect a same-day callback? A visit from CFSA?

• How long is it reasonable to wait before escalating?

• Are there guidelines for schools about when it is not appropriate to release a child to a parent/guardian while awaiting a response from CFSA?

• If a student has disclosed abuse and is afraid to go home, what specific steps should mandated reporters take?

In this meeting with CFSA, staff provided additional clarity on what happens when schools make referrals to the agency for chronic truancy cases, which is something we raised at the performance hearing. We learned that CFSA has created regular office hours specifically for charter schools to discuss individual chronic truancy cases. We’re grateful they’ve taken this step and will provide a space for a CFSA staff member to identify a plan for next steps on these cases. We hope to help identify solutions to the remaining challenges we identified and continue our partnership with the agency so that our schools are well-equipped with clear information and the resources necessary to support their students who need help.

I’m going to expand on two specific challenges we raised at the performance hearing and in our meeting with CFSA leadership that our schools are encountering and ways the agency can address these challenges moving forward: (1) providing additional clarity and commitment on expected response times when mandated reporters make a referral, and (2) reinforcing the roles and responsibilities of CFSA vs. schools.

Provide Additional Clarity and Commitment on Expected Response Times

First, we understand that CFSA has procedures they must go through when a school makes the call, and we also understand the agency has capacity concerns. But our schools have flagged multiple situations where there is a gap between when a school makes a call and the response from CFSA. Schools are deeply concerned that children who have reported abuse at home are in even heightened danger during that gap.

For example, if a school makes a call to CFSA that a child has reported abuse at home, but the agency doesn’t respond for two days, the school doesn’t have the authority to do anything other than send the child back into a potentially dangerous environment.

We know how difficult it is for a child to gain the courage to tell a trusted teacher that they’re in danger. That’s why the immediate response after they’ve done so cannot be that there’s nothing the school can do right now while waiting for a call. In these cases, schools feel strongly that it’s not reasonable for them to be required to send that child home before CFSA has direct contact with the child.

We know how committed CFSA staff are, and we know this is not the intention. But that doesn’t change the child’s lived experience of betrayal by trusted adults in that situation. And a lack of immediate response reinforces their belief – and any other students they might have shared with – that it’s not safe to speak up when they’re in danger. That’s why we’re spotlighting this safety gap – so that we can work together with CFSA and other partners to make sure students are kept safe and supported during this period.

When we raised these concerns In our initial meeting with CFSA leadership, they expressed empathy for school staff who are placed in this situation after a child discloses abuse. But they also indicated that many children later recant allegations of abuse. While we don’t question CFSA’s understanding of the patterns in child abuse and neglect cases, we feel strongly that prioritizing student safety and assuming truthfulness until available evidence confirms otherwise is essential.

Reinforce Roles and Responsibilities of Agency vs. Schools

Second, we want to make sure that the roles and responsibilities of CFSA and schools are clearly defined and consistently executed.

For example, as we raised earlier in the performance hearing, one school leader told us they feel far less sure today than they ever have about what the school’s role is vs. what CFSA’s role is when it comes to investigating a student’s situation. Consistent with mandated reporter training, we need CFSA to reinforce that our schools’ only job is to report suspected abuse or neglect, while the agency’s job is to promptly investigate and propose the next steps.

Additionally, in the same situation where a child has disclosed abuse at home to a trusted teacher or staff member, a number of schools have shared with us that in the absence of guidance from CFSA, they’ve found themselves holding the child and negotiating with family members to try and identify a temporary, alternative option that keeps the child safe that all parties agree with. This is something that CFSA can and should be involved in. It’s not a situation that should be left up to schools.

In our initial meeting, CFSA indicated they were unaware schools were holding the child while waiting to hear from the agency. As an initial step, they’ve advised schools to share with the CFSA hotline that due to significant safety concerns, they are uncomfortable releasing the child until the agency responds. That’s a good first step. But we hope we can work together with CFSA to define a clear protocol for schools to follow when student safety is a concern.

Without clear protocols and defined roles, some school leaders have resorted to broadly escalating their situation within the city government for assistance. Based on the information schools have shared with us, we don’t believe there are a large number of students in this situation, so escalating beyond CFSA shouldn’t be necessary. We’re hoping CFSA can implement some immediate, interim procedures and clearly communicate them to schools to make sure students feel they can still trust teachers and other school staff when disclosing abusive circumstances.

Moving Forward

We know that many challenges CFSA is experiencing are related to staffing shortages for social workers and other mental health providers at the very moment when the need for such services has greatly intensified as a result of the pandemic. We hope that we can work together with CFSA and other support agencies to find a better process that keeps children safe and ensures they are well cared for so they can learn productively while in school.

Thank you, and we welcome the opportunity to follow up with members of the Committee and their staff if they have any questions.