MONTPELIER — Lawmakers invited officials from two other New England states to weigh in Thursday on a proposal before Vermont’s Legislature to create an Office of the Child Advocate, which was introduced for the third time last year but did not make it out of committee.
The conversation comes as Vermont’s Department for Children and Families falls under scrutiny for what advocates call “abysmal” legal representation, as well as data showing that cases of child abuse and neglect are on the rise.
At Thursday’s Joint Legislative Child Protection Oversight Committee meeting, child advocates from Connecticut and New Hampshire talked about how their positions operate and weighed in on what Vermont’s advocacy office should look like.
The current proposal, which stalled last session in the House Human Services Committee, would create a Vermont Office of the Child Advocate that is contracted by the state’s Agency of Administration to independently oversee government agencies tasked with protecting and advancing the interests of children. The office would primarily field complaints from the public and open investigations as needed.
Moira O’Neill, director of New Hampshire’s Office of the Child Advocate, said she thinks it’s essential for government agencies to be held accountable by independent offices like hers.
“The role of the child advocate, which is essentially an ombudsman, is I believe an expression of the First Amendment,” O’Neill said. “People have the right to bring grievances against their government.”
Currently, Vermont’s bill proposes that a nonprofit manages the child advocate office. O’Neil advised against this formation and recommended the office exist within the state government so that it has a stronger connection to the agencies it is overseeing. The current proposal in the House is similar to the structure of Vermont’s Health Care Advocate, which was created in 1998 and is run by the nonprofit Vermont Legal Aid.
Connecticut’s Office of the Child Advocate primarily serves as an education tool, said Mickey Kramer, Connecticut’s associate child advocate. Kramer said most of her office’s calls come from people looking to gain more information about what services are available and how they work. But the office also investigates complaints into the state’s family services.
Sen. Ginny Lyons, D-Chittenden, asked Kramer if her office has received pushback from the agencies it investigates and whether recommendations for change resulting from investigations are acted upon.
“We’ve had periods of time where we’ve had really tense relationships with other agencies,” Kramer said. She added that her office has learned that working collaboratively with other state agencies does lead to problems being solved.
Some concerns were raised that the child advocate position may be a redundant oversight body. Sen. Dick Sears, D-Bennington, questioned if the child advocate would take responsibilities away from the Defender General’s Office, which provides legal representation for a broad range of cases.
“I have some real concerns about yet another watchdog when we already have several,” Sears said.
Rep. Ann Pugh, D-South Burlington, chair of the House Human Services Committee, is a sponsor of HB 215, the proposal before her committee, along with Rep. Daniel Noyes, D-Wolcott. Pugh noted that she introduced similar bills in 2013 and 2015, but they didn’t have enough legislative support to overcome concerns over issues including the associated costs.
While Pugh said she thinks the position would serve an important purpose of holding state agencies accountable, she’s not sure the outcome will be different the third time around. She said its fate depends on whether or not lawmakers prioritize more pressing legislation.
Ken Schatz, commissioner of the Department for Children and Families, said it’s too soon for him to say whether or not he supports the proposal.
At the end of Thursday’s meeting, committee members agreed that Pugh’s committee would continue gathering information on the child advocate during the upcoming legislative session.