HISTORY OF CHILD WELFARE IN NEVADA

The following summary of significant events affecting child welfare in Nevada, reproduced with permission, was presented by Thom Reilly, Ph.D. to the Legislative Commission's Subcommittee on the Study of Integration of State and Local Child Welfare Systems (ACR 53). At the time, Dr. Reilly was affiliated with the School of Social Work at University of Nevada, Las Vegas.

1864 - The Nevada Orphan Asylum (Virginia City Mission) was founded in Virginia City by Fr. Patrick Manogue and the Sisters of Charity.

When Nevada became a state in 1864, the constitution vested responsibility for the care of the poor to the counties. It wasn't until 1933 when Regulation 1 of the Federal Emergency Relief Act (this regulation ordered that federal relief funds be administered by public agencies) was passed by the United States Congress and ushered in Franklin Roosevelt's New Deal that the state of Nevada was forced to take a more active role in social services. The federal government wanted to deal directly with state government and not individual counties. However, it is interesting to note the level of involvement by the state with orphaned children.

1867 - The state provided statutory basis for a state orphans home.

A state home was not built at this time, but the statute allowed for orphans to be sent to the orphanage run by the Sisters of Charity in Virginia City at the state's expense. The state made a modest payment ($2,500 per year). However, controversy arose on two fronts. First, there were questions raised regarding the appropriateness of expending state monies on private institutions. The state controller refused to issue an audit of the orphanage on the grounds that such a use of state funds was unconstitutional. The State Supreme Court upheld the action by the controller. The larger controversy arose when the legislation authorizing funding explicitly stated that the orphanage receive only white children for care. One of the local newspapers argued that funds drawn from a common taxation of citizens could not be used for an agency with exclusionary policies. These controversies led to the creation of a state-run children's orphanage, and the end of using public funds for placements at Virginia City Mission.

1871 - The first state orphanage was completed.

This structure burned down in 1899 and was replaced by a stone building in 1902. The stone building was built in Carson City and later became known as the Northern Nevada Children's Home.

1910 - Reno's Florence Crittenden Mission was established for unwed or abandoned mothers and their children.

The state paid a small amount to this nonsectarian private organization, but most of the funds came from private sources. The state's contribution was eliminated when controversy arose again regarding the use of public monies on private institutions.

1937 - A state welfare department was created and operated under the Board of Relief, Work Planning and Pension Control.

The original welfare department was only concerned with child welfare services and old-age assistance. The unpaid secretary of the board served as executive officer and two divisions were established - the Division of Old Age Assistance and the Division of Child Welfare Services. Both heads of the divisions reported directly to the full board.

1943 - The Nevada State Orphans Home was placed under the jurisdiction of the welfare department.

Although there is nothing in state statute, the state orphanage became known as the Sunny Acres Children's Home when a sign was erected in the 1940s. A trust fund currently established with the Department of Child Family Services (DCFS) and benefiting children of the division makes reference to the "children from Sunny Acres Children's Home." In 1951, the Nevada Legislature changed the name from the "Nevada State Orphan's Home" to "Nevada State Children's Home."

1948 - A written agreement was approved between Washoe County Welfare Department and the State of Nevada Division of Child Welfare Services delineating the provision of child welfare services in Washoe County. The Division of Child Welfare Services retained sole responsibility for licensing foster homes, adoption services and formulating and establishing standards for child welfare services; Washoe County would hire staff and receive all " requests for child welfare services in Washoe County."

This is the first written agreement regarding the role of any county in the provision of child welfare services. When foster homes were used, they were paid for by each of the counties because there was no provision under state statue to pay for maintenance of care for children except through the state orphanage. Most children in need of out-of-home care were sent to the State Orphans Home. It is important to note that practically all cases involved in child welfare up until this point had to do with neglect and abandonment of children and adoption services. It wasn't until Dr. Henry Kemp identified in 1963 a pattern of child injuries he labeled "Battered Child Syndrome," and federal legislation passed in 1965 that child abuse became a form of abuse that was widely investigated.

1949 - The Board of Relief, Work Planning and Pension Control was abolished and replaced with a revised welfare department with an external welfare advisory board.

The first administrator was hired, serving until a reorganization in 1963, and child welfare services became a division under the welfare department.

1960 - The Nevada State Legislature adopted Chapter 432, Public Services for Children.

This legislation directed the Nevada State Welfare Department to establish and administer a program of child welfare services and empowered the department "to provide maintenance and special services" to unmarried mothers and children, handicapped children, and children placed by court order in the custody of the department. The legislation directed counties who choose to participate in "public child welfare services to pay for 1/3 of the non-federal share for the maintenance for these children placed under the statute" (except for children awaiting adoptive placement or handicapped children, where the state assumed full responsibility). This was the first time that the state authorized maintenance payments for children in need of foster or group homes (except for monies the state received from the Bureau of Indian Affairs for the placement of Native American children). Prior to this, welfare workers were required to go before the respective county commissions to request payment for foster or group home expenses.

1961 - Washoe County subsequently entered into an agreement with the State Welfare Department wherein the county paid one-third of the non-federal share for maintenance of children placed under the provision of NRS 432.

1961 - An agreement was established between the welfare director and Juvenile Court judge that gave responsibility for all "dependent care functions" to Clark County Juvenile Court Services.

Unlike the formal agreement in Washoe County, which was approved by the Welfare Board and Washoe County Commission, the Clark County agreement was executed between the welfare director and Juvenile Court judge. The agreement included the investigation of both abuse and neglect. Subsequently, abuse investigations were given back to the State Welfare Division due to liability concerns.

1962 - A temporary structure known as Child Haven was built to house children placed by the courts in Clark County.

1963 - The State Legislature reorganized all state health and welfare activities and placed them under one umbrella agency called the Department of Health and Welfare. The new department consisted of seven divisions - Alcoholism, Children's Home, Health, Girls Training Center, Nevada State Hospital, Nevada Youth Training Center and Welfare.

Child welfare services was placed under a broader program of Social Services and remained under the welfare division.

1965 - Legislation specifically addressing child abuse and neglect was enacted.

In 1965, federal legislation passed requiring states to define child abuse and set up a system to investigate these complaints. By 1967 all states had statutes addressing child abuse. The Nevada legislation amended chapter 200 of NRS and placed reference to abuse and neglect under NRS 432. The legislation stated that "the welfare division shall investigate each report referred to it by law enforcement to determine the circumstances surrounding the injury or injuries." Due to the legislation, welfare officials interpreted this legislation to mean that the state was the only agency able to receive reports from law enforcement for child abuse cases. Attempts were made to have abuse investigations returned to the state. Washoe County refused and Clark County, citing financial liability concerns, subsequently returned abuse complaints to the state, but retain all neglect investigations.

1966 - Clark County Juvenile Court Services returns the responsibility of investigations of child abuse to the state citing financial liability concerns.

The Welfare Division becomes responsible for the investigations of child abuse in Clark County.

1967 - The Nevada Legislature approves an allocation for building the Southern Nevada Children's Home.

An administration building and a few cottages were built in Boulder City by late 1969, and, in 1971, additional monies were allocated to build more cottages.

1973 - Legislation passed allowing for reports of abuse and neglect to be made directly to the welfare division, any county agency authorized by the Juvenile Court or to any law enforcement agency.

Previously, abuse and neglect complaints had to go through a law enforcement agency before a referral could be made to the welfare division. This new legislation allowed for complaints to go to either law enforcement or "an authorized agency." This also opened the door for juvenile probation departments (authorized by the local Juvenile Court) in various counties to receive reports and investigate abuse and neglect complaints. Throughout the years, the counties of Churchill, Douglas, Lander, Lincoln, Lyon, Pershing, Eureka, Esmeralda, Humboldt, Nye and Mineral were authorized along with the local office of the welfare division to investigate complaints. The practice of using local juvenile probation offices ceased in 1988.

1973 - An agreement was entered into between the Nevada State Welfare Division and Clark County Juvenile Court Services in "an attempt to clarify which agency will have which responsibility for the various types of cases the document will concern itself with neglect cases."

This established a trifurcation of responsibilities for abuse and neglect in Clark County. The agreement required the welfare division to investigate neglect complaints for all current ADC families. Juvenile Court Services was responsible for the investigation of all potential ADC families. Once an ADC child was removed from his home and placed in a Juvenile Court Services facility and a petition was filed, Juvenile Court would have primary responsibility for providing and coordinating services to the child and family. If the child was placed in long-term foster care, the case would be transferred back to the welfare division (with a staffing occurring between the two agencies seven days prior to transfer).

1975 - The Nevada Legislature enacted laws governing the reporting and investigation of child abuse and neglect and the establishment of a Central Registry.

This was a result of the passage of the Child Abuse and Prevention and Treatment Act of 1974 that expanded the spectrum of reportable abuse and neglect and provided grants to states for child abuse and neglect prevention and treatment programs.

1977 - A Purchase of Service Agreement was entered into by the Welfare Division and Clark County Juvenile Court Services.

This agreement allowed for payment for the care of children placed in the emergency shelter facility (Child Haven) in Las Vegas. Subsequent agreements were entered into that transferred money from the state to the county for child protective service investigations.

1983 - A more structured arrangement between the State Welfare Division and Washoe County (now called the Washoe County Department of Social Services) was delineated with a Purchase of Service Agreement whereby Child Protective Services (CPS) would be provided by the county.

1985 - The Children's Code (known as the Child Protection Act) - NRS 432B passed the Nevada Legislature.

The Code required the welfare division to:

• Administer federal money; plan and coordinate protective services; provide directly or arrange for other governmental organizations to provide for protective services; coordinate its activities with the courts and law enforcement; involve communities, evaluate protective services throughout the state; and evaluate reasonable efforts plans.

1986 - Washoe County voters approve a four-cent tax override for children's services.

1987 - State Legislation passed that required that counties whose population is 100,000 or more "shall provide protective services for children in that county and pay for the cost of those services."

The State Welfare Division placed workers within Clark County Juvenile Court Services to assist with the investigation of ADC neglect case in anticipation of the transfer of child abuse functions.

1988 - The "swap" of responsibility for child protective services (CPS) and involuntary hospitalization of individuals alleged to be mentally ill occurred between Clark County (assuming responsibility for all CPS investigations) and the state assuming responsibility for mental health services.

What became known as the "SWAP" was an attempt by the director of the Department of Human Resources to consolidate mental health services by having the state assume responsibility of the involuntary hospitalization of individuals who were mentally ill. A dispute arose between the state and Clark County regarding the amount and level mental health pre-commitment services the state would assume. In addition, disagreement arose regarding what actually constituted a child abuse and neglect investigation and the level of effort the county would assume in providing in-home services and other efforts to prevent the long-term placement of children in foster care. The "SWAP also included the transfer of all CPS investigations in rural Nevada (from the local probation offices) to the State Welfare Division. This move met with quite a bit of resistance by some of the rural counties.

1990 - A cooperative agreement was reached among the State Welfare Division, Clark County Juvenile Court and Washoe County Social Services defining how transfer of cases would proceed.

Over the years, numerous disputes arose among the welfare division and the two county CPS agencies on the appropriate timeframe to transfer cases. Federal reviewers of the child welfare program in Nevada required the state to demonstrate compliance with the federal Adoption Assistance and Child Welfare Act of 1980 which required, among other things, to make "reasonable efforts" to prevent removal of children from their homes. The agreement outlined prerequisites for transfers of cases from the county to the state such as documentation that "reasonable efforts" were made and "suggested" that cases be transferred "only after the parents have been engaged in a voluntary or court-ordered plan for a minimum of 90-day exceptions would include those cases in which preventive/reunification services are clearly not advisable and/or are long term in nature."

1991 - The Nevada Legislature created the state Division of Child and Family Services (DCFS).

The bill creating DCFS read, "children and family services are currently scattered throughout different divisions the organizational structure often results in fragmented and inappropriate delivery of services " therefore a division of child and family services would be created to " house all services provided by the department of human resources for a more effective and integrated system for delivering services" The newly created DCFS combined services for children and families within one state agency and included:

• The transfer of the Children's Resource Bureau (Centralized Intake) from the Director's Office; child welfare services (from the Welfare Division), child and adolescent services and early childhood services (from the State Division of Mental Health and Mental Retardation) and juvenile parole services, the Training Centers (Elko and Caliente) and the Children's Homes (from the Youth Services Division). The Division of Youth Services was abolished. However, services such as Special Children's Clinic (from the Health Division) and child adolescent and mental health services for rural Nevada (from Adult Mental Health and Mental Retardation Division) were not integrated into the new division.

1992/1993 - Both children's homes cease operation in Nevada.

Concerns for efficiency and the potential liability of a lawsuit that was filed on behalf of the house parents dominated the reasons for their closure. The Northern Nevada Children's Home ceased operation in February 1992 and the structure was converted into the administrative offices for DCFS. The Southern Nevada Children's Home closed in June 1993 and the cottages were leased to a private entity, the Volunteers of America (VOA), to run the homes. Subsequently, VOA went out of business and the state swapped the land with the city of Boulder City.

1993/1994 - The Nevada Legislature authorizes the creation of the Family Courts.

Child Protective Services is separated from the Juvenile Court System in Clark County and placed under the newly created Department of Family and Youth Services, which becomes a county department under the jurisdiction of the Clark County Commission.

1994 - Washoe and Clark County enter into an inter-local agreement with DCFS for Title IV-A Emergency Assistance.

All three CPS agencies broker an agreement with the federal government to pass through new federal emergency assistance monies to assist with the provision of Child Protective Services throughout the state. A new interlocal agreement is approved in 1997 with the Welfare Division for services to CPS families under the Temporary Assistance to Needy Families (TANF). This contract with the counties replaces the Emergency Assistance (EA) contract because Congress with welfare reform abolished EA.

1994/95 - Grand jury investigation of Malin Stafford in Washoe County.

The grand jury report issued on the child death of Malin Stafford was extremely critical of Child Protective Services and called into question the effectiveness of child protective services in the prevention of child fatalities. Subsequently, substantial new resources (14 new positions) are given to Washoe County, and the agency changes its philosophy from "investigating incidents only to including broader family assessments on reports involving children age 0-6."

1997 - The Washoe County Board of County Commissioners approve a half-cent property tax for CPS.

1997 - DCFS reorganizes and moves away from a programmatic structure to a regional structure. This is a significant shift away from a programmatic organizational structure (i.e., child welfare, child mental health and juvenile justice) to a regional structure, in which the three regional directors of DCFS (north, south and rural) supervise all programs.

1997 - New legislative changes allow:

• CPS jurisdictions to contract with other agencies to conduct assessments and provide services in non-serious cases; require immediate response on reports involving children under age 6; requires response within three days on other reports but allows three days to evaluate reports.

1999 - New legislative changes implements the federal Adoption and Safe Families Act:

• Allows DCFS and Washoe County to establish a pilot program to integrate the child welfare systems; and establishes an interim committee to make recommendations on how to integrate the child welfare systems in Washoe and Clark counties.

Prepared by Dr. Thom Reilly, University of Nevada, Las Vegas; College of Urban Affairs 19 October 1999

Note: Sources used for this document include interviews with past and present governmental officials; past N.R.S. chapters, Legislative Counsel Bureau Files, the Nevada Historical Society documents, the Nevada State Welfare Fact Book, Albert Crosby's UNLV Master's Thesis, Nevada State Library and Archives, and Ronald James and C. Elizabeth Raymond's book Comstock Women: The Making of a Mining Community.