From Deseret News archives:
2 measures target caseworkers
One would change state law to require that the mandatory education and training of caseworkers by the state Division of Child and Family Services include programs in recognizing and responding to attempts to manipulate or misuse the system to favor one side or another.
The second revokes the usual immunity granted to state government employees for any child abuse caseworker who knowingly or willfully provided false information or fabricated evidence in the conduct of an abuse investigation.
People such as private detectives or neighbors who assist in an abuse inquiry and who provide false or misleading information and knew it was false at the time would also not be immune.
Despite concern that the two bills were essentially restating what is already routine operation of DCFS, the lawmakers ultimately agreed that specifically stated language would allow some recourse for someone who is victimized by the irresponsible behavior of a caseworker.
There may be duplication within the law, said Tom Vaughn, general counsel to the Child Welfare Legislative Oversight Panel. "The existing statutes talk about good faith," Vaughn said. "This clarifies and actually spells out what exactly is bad faith."
"What if someone is just wrong?" Rep. David Litvak, D-Salt Lake, asked the panel, noting that a wrong medical diagnosis or just misreading a situation might lead to a conclusion of willful misconduct.
The standard of willful and illegal is the key, said panel chairman Rep. Dan Eastman, R-Bountiful. "I think it makes sense to reiterate the law and provide an alley for civil lawsuits."
State Health and Human Services Director Lisa-Michelle Church said the bills could have a negative effect on recruitment of abuse caseworkers. Recruitment is "always open. That means there are never enough people for the job. They are trained and know that false or misleading information is not permitted whatsoever. They are getting $13 to $15 an hour, and now we tell them here's another thing you have to live up to."
She said the message might also discourage full participation of other family members, teachers, community members and friends involved in helping a family rebuild after abuse has occurred. "That doesn't seem like that's necessary or what we really want to do when we're trying to build a consensus around that family."
E-mail: jthalman@desnews.com
