Children's guardians get tough new warning
After 2 deaths, DSS to check on safety
The state Department of Social Services, following a South Boston fire that killed two children, is adopting a series of new restrictions to ensure that endangered children are living with court-appointed guardians.
The steps, according to DSS Commissioner Angelo McClain, include threatening court-appointed guardians with charges of perjury if they lie to state officials; restricting visitation rights of parents who have been found by the courts to be unfit to raise their children; and cross-checking records with those of other state agencies.
The planned changes, affecting the more than 500 new guardianship cases handled by DSS each year, were made two days after a Globe report chronicling the life of 14-year-old Acia Johnson, who was killed with her 3-year-old sister, Sophia, in a fire April 6 at their parents' home where they were living. Acia was supposed to be living with a court-appointed guardian.
The children's parents were chronic drug users and petty thieves who led what social workers called a chaotic lifestyle. As a result, DSS obtained a court order in 2003 and removed the children from the home and placed them with a guardian, their grandmother Irene Gregory.
DSS involvement with the family dated to 1995, but in the years before the fire, DSS failed to detect that Acia was living with her mother, Anna Reisopoulos, despite numerous visits to Reisopoulos's home to investigate charges of neglect. The agency also failed to realize that Reisopoulos was reporting that the children lived with her when she applied for housing subsidies, food stamps, and cash assistance.
DSS social workers did not cross-check their records with other agencies and instead believed Acia's mother and grandmother when they said the children were visiting Reisopoulos each time DSS came to the house to investigate problems.
"The main take-away for me is the need when we have guardianships to include stipulations," McClain said. "There needs to be some stronger language, that as a guardian there's certain parameters which we would like you to stay in."
Some lawmakers and child protection advocates questioned yesterday whether the agency is going far enough. Senator Jack Hart, a South Boston Democrat, sent a letter to DSS yesterday seeking a full report on the agency's actions in Johnson's case and that of her siblings in the years before the fire. Hart said the planned changes come "too little, too late" for the Johnson children and added that he wonders why DSS did not react sooner.
"I would be anxious to hear DSS's explanation, what their records show," Hart said. "Two children are gone, and questions should be raised here about whether DSS knew that the children kept living back with their mother or was there sufficient evidence available that they should have known? And if that is the case, that is a very serious concern and problem that should be dealt with."
Senator Michael R. Knapik, a Westfield Republican who has been critical of DSS in the past, also questioned the agency's planned changes, calling the cross-checking of records between agencies common sense.
"Unfortunately, DSS is always in reaction mode," he said. "I guess I'm pleased that the agency has gone forward to take some action. But it's the classic 'the horse is out of the barn, so I guess we better close the door.' "
Susan Molina, executive director of the nonprofit watchdog group The Yellow Ribbon Kids Club, sent a letter to the governor's office calling for an audit of all current DSS cases similar to Johnson's.
"We cannot bring back those two beautiful children, but we can do everything possible to ensure there are not others out there in similar situations," Molina said.
Governor Deval Patrick's office issued a statement yesterday supporting McClain, whom Patrick appointed last year, and stating that "the safety of children and families is a priority of the Patrick administration."
"The governor appointed Commissioner McClain to lead the Department of Social Services because of his experience and vision for improving child welfare systems," said the statement. Mclain has made significant progress in reforming the agency, the statement added.
DSS was called to Reisopoulos's home in South Boston twice in the weeks before the fire, once when Sophia was found wandering the streets alone and a second time when Reisopoulos chased Acia Johnson's twin brother, Ray Jr., into the back yard with a hammer.
But the children's living situation did not change. Acia, Sophia, and Ray Jr. were all home the night of the April 6 fire, which police say was set by Reisopoulos's lover, Nicole Chuminski, 25. Chuminski has pleaded not guilty to two charges of murder.
Trapped on the third floor as flames raced through the house, Acia retreated with Sophia to a bedroom closet, where firefighters later found them.
"This is a failure," Knapik said yesterday. "This is the 21st century. We ought to know who's watching the children. The grandmother had custody in this case, right?
"What did you think was going to happen?" he said. "These cases have got to be kicked up to the right eyes."
Slack can be reached at dslack@globe.com; O'Brien at kobrien@globe.com.
