MA report: Sweeping changes made in wake of David Almond death, services for brothers monitored

BOSTON, MA — The Massachusetts Office of the Child Advocate today issued a new report detailing the progress several state entities have made in implementing the OCA’s recommendations from its March 2021 multi-system investigation into the death of David Almond.

The Office of the Child Advocate was established in 2008 to be independent of any supervision or control by any executive agency.

The OCA’s child fatality investigation determined that David Almond, who died from starvation at home with his father and father’s girlfriend, and David’s siblings, fell through gaps in the state system of care. Many of the gaps were created by the lack of understanding of how a child’s disability may affect that child, how evaluation of risks and warning signs of abuse and neglect should take a child’s disabilities into account, and how caregiver capacity should be evaluated considering the individualized strengths and needs of children. These systemic gaps were compounded by the unprecedented strain the COVID-19 pandemic had on the Commonwealth’s children and families, and on the entities that provide support to them.

The OCA provided 26 recommendations for policy, procedure, and practice improvements within and across the Department of Children and Families (DCF), the Department of Elementary and Secondary Education (DESE), the Fall River Public Schools, the Massachusetts Juvenile Court, and the Massachusetts Probation Service (MPS). After the investigative report was issued, the OCA turned its attention to overseeing the implementation of these recommendations. The OCA consulted on draft policy and practice changes for DCF and DESE and maintained open and collaborative conversations with the Juvenile Court and Probation Service as they pursued policy and practice changes.

“When the OCA released David Almond’s child fatality report, we made a commitment to the public that we would closely monitor and report on the corrective actions taken by the state entities identified in our investigation. Nearly one year later, we are proud to share that there have been sweeping changes across state government that honor the life of David Almond,” said Maria Mossaides, Director of the Office of the Child Advocate. “The OCA made recommendations these state entities felt were valuable and that would make a difference when implemented. This report highlights their shared commitment to making systemic change in the provision of state services to the Commonwealth’s most vulnerable children.”

The OCA’s new status report outlines the actions state entities have taken to address the OCA’s recommendations, including:

· New and revised policies at DCF including but not limited to: a revised Supervision Policy, a revised Protective Case Practice Policy, a revised Family Assessment and Action Planning Policy, a revised

Education Policy, a new Disability Policy, and the hire of the agency’s first Director of Disability Services. The responsibilities of the Director of Disability Services include ensuring that DCF staff have internal access to an expert with a thorough understanding of the complex dynamics of families impacted by disabilities where children are especially vulnerable and overseeing newly developed positions for regional disability specialists.

· New and updated guidance from DESE, including but not limited to: an updated Promoting Student Engagement, Learning, Wellbeing and Safety Guidance, new Guidance for Attendance Policies and additional resources, updated Joint DESE/DCF Advisory Regarding Mandated Reporting Responsibilities of School Personnel in Cases of Suspected Child Abuse and Neglect, a guidance document regarding DCF’s Access to Students’ Education Records, and significant work in improving the dissemination information and guidance.

· The School Committee of Fall River Public Schools established the “Almond Commission” which engaged in a process of examination and reflection resulting in a set of recommendations focused on strengthening the implementation of existing policies and procedures across the district. Fall River Public Schools has also adopted a new student information system that will provide greater real-time communication to families and has the ability to alert the schools of negative attendance trends, has provided clearer guidance and provided training on mandated reporting, and strengthened community partnerships – particularly between the Student Services department and the Department of Children and Family Services.

· The Juvenile Court continues to address many of the recommendations through their Pathways Initiative which began in 2019 and which provides for a differentiated case flow management to improve legal permanency for children, as well as through a series of bench cards that facilitate judicial inquiry into issues such as promotion of permanency, educational stability, and assessing danger, risk, and safety. The Juvenile Court also issued a Standing Order addressing the return of custody in Care and Protection proceedings, which significantly and substantially addresses the OCA’s recommendations.

· The MPS has worked with DCF to develop a detailed MOU regarding information sharing. The Juvenile Court Standing Order addressing the return of custody in Care and Protection proceedings specifically addresses situations in which MPS must advance a case, and MPS has been working with the Juvenile Court to finalize a case advancement form.

The OCA also continues to monitor the state services provided to David’s brothers, Michael, Noah, and Aiden. The OCA has ensured they have been provided safe and stable living environments to support the process of grieving the loss of David and healing from the abuse they endured.