Don't Take No for an Answer

The cases are rare, but disturbing: A child is badly hurt or killed while under the supervision of the child welfare system.

Anyone who has covered child abuse/neglect knows that the official version of events is usually just the tip of the iceberg. Piecing together what really happened means filing public disclosure requests to police and the state’s department of social services, as well as tracking down relatives willing to talk about the child’s life.

A few years ago, I decided to use state public disclosure laws to ask for reports on every child who had died in state supervision during a five-year period. What I discovered was that Washington state's child welfare system had failed to include dozens of neglect-related deaths in their fatality statistics. Records were in disarray. The state didn’t even know exactly how many children with a CPS referral  had died. Whether you are investigating a single incident or doing a major series in child welfare, the same pitfalls exist.

The first, and most daunting, can be summed up in one word: confidentiality. I never stop being amazed at how government officials will try to hide human error or bureaucratic bungling behind a cloak of confidentiality – citing the abused child’s best interest, of course.

The solution is, don’t take no for an answer. Never forget that the job of a reporter covering child welfare is to inform the public on behalf of children and families who have no voices. Below are some tips I’ve learned while reporting their stories. 

• USE PUBLIC DISCLOSURE LAWS: Get to know your state’s law, then use it. But before you file that first request, do your homework. The most productive request is not just a fishing expedition, but is focused on the information you actually need. Find out what documents exist (by interviewing social workers on background, for example) and figure out how the system works.
   
• ASK HOW THE STATE MONITORS PROBLEMS IN FOSTER HOMES (e.g. licensing complaints) and what kinds of special internal and external reviews are done when a child is injured or dies. Then file requests for every relevant document. Don’t ask for too much or your request will take forever. But don’t let yourself be talked into asking for too little either. Put the onus on the state authorities to refuse to release key documents. Even the smallest pieces of information can be useful, so you are better off getting redacted documents than none at all. I’ve occasionally had state officials mistakenly release documents that I never expected to get.
   
• ASK FOR DOCUMENTS FROM DIFFERENT GOVERNMENT AUTHORITIES: File public disclosure requests for police reports and prosecutors’ files as well when investigating a child-welfare incident. Sometimes other officials will release useful information that the state child welfare agency has withheld. More than once I have discovered documents in police files that I didn’t even know existed, prompting me to file additional public disclosure requests. Don’t forget states sometimes file reports with the federal government to meet funding requirements.
   
• LEARN COMPUTER-ASSISTED REPORTING: Programs such as Excel and Access are wonderful tools when compiling and analyzing large amounts of information on any beat. Set up an Excel file early to track cases and focus on what details are needed. Ask for databases from state agencies that will be useful on a variety of stories. I used a state death database extensively when investigating suspicious child fatalities, not only to analyze trends but to find names of children that the state had refused to release. The date of death, age and place of death was usually enough to identify the young victims.
   
• FOLLOW-UP WHEN INFORMATION IS DENIED: Get your editor or attorney involved when officials deny public disclosure requests. A phone call from a top editor might be enough to change their minds. It might take a letter from your attorney. If it’s important enough, you might need to go to court. Once they know you are serious, it’s easier to obtain subsequent documents.
   
• TRACK DOWN EVERYONE IN A CHILD'S LIFE: Try to interview teachers, day care providers, neighbors and relatives. Some of them, like foster parents, will be constrained by confidentiality laws. Ask them for suggestions of who might be able to talk. Be respectful, but don’t be afraid to check back with those who initially refused to be interviewed. People do change their minds, especially once they trust you. 
   
• LOOK FOR TRENDS: Every reporter who covers child welfare is inundated with calls from people seeking help getting their children back or complaining about state child welfare authorities. Keep track of common complaints and investigate whether they reflect systemwide issues.
   
• CULTIVATE SOURCES: Take the time to meet for coffee with front-line social workers who work for state or private agencies. Talk to them on background and ask what they think are key issues. Check in regularly for story ideas. Protect their confidentiality and they’re likely to be there when you need them. Write about positive developments and interesting research as well as flaws in the system.
   
• FIND WAYS TO INCLUDE CHILDREN'S VOICES: A built-in frustration on this beat is that it’s rarely possible to interview foster children because of privacy issues. I solved that dilemma while writing a series on the shortage of foster homes by interviewing teenagers who had just left foster care and families who had recently adopted foster children.
   
• USE EXPERTS AS CONSULTANTS: When investigating suspicious child deaths, I met with a well-respected former medical examiner who agreed to be a technical consultant for me. His help was invaluable in assessing autopsy reports. I also relied on a researcher at the Centers for Disease Control in Atlanta for technical advice in analyzing state death data.
   
• BUILD IN EXTRA TIME ON PROJECTS: Delays are inevitable, from fighting over public disclosure requests to covering breaking news that must come first. That can be frustrating. But working on a story over the long haul means there’s more time to develop trust with sources, gather information and ultimately write a more complex story.
   
• TAKE CARE OF YOURSELF: Covering child welfare is too often heartbreaking, haunting work. Yet it’s also a beat where the stories you write truly matter. Debrief with a colleague.

Ruth Teichroeb, a member of the Journalism Center's advisory board, is an investigative reporter specializing in social issues. She worked at the Seattle Post-Intelligencer from 1997 until the newspaper’s closure in March 2009. Her investigations have won multiple national and regional awards, including a National Press Club award and a Robert F. Kennedy Journalism Award. This article was adapted from the Fall 2004 issue of the Journalism Center’s magazine, The Children’s Beat and later updated in June 2009.