Oswego County DSS under fire
OSWEGO -- A state report criticizing Oswego County's handling of the Erin Maxwell case continues to raise controversy the day after its release.
Maxwell was the 11 year old girl found hanging from a rope last August in her Palermo home which State Police described as "deplorable", full of animals, garbage and feces. Her stepbrother has been charged with murder while her parents face charges of child endangerment.
Before Erin's death, Oswego County social workers investigated her living conditions three times but did not remove her from the home. Jackie Siver lodged the complaint in March 2006 which sparked the third and last investigation. Siver said she saw the same conditions described by State Police when Erin died. "I'm a reasonably intelligent individual. I can read this report and know that we failed Erin." Siver told Action News.
The report released Wednesday by the State Office of Children and Family Services, found that child protective workers could have done more for Maxwell. While Oswego County caseworkers appropriately assessed Erin's safety, they did not make adequate contacts with her teacher, school or extended family concerning her risk of future abuse and mistreatment.
At Wednesday's hearing, Social Services Commissioner Fran Lanigan and some legislators seemed to lay a lot of the blame on the Phoenix school district and those who witnessed Erin's unsanitary appearance and hoarding of food. Lanigan told lawmakers she "would have anticipated a call to the registry (state hotline) between 2006 and 2008...none came to my attention"
Siver feels the school district is getting a bum rap. "For them to turn around and say no more calls were made, it's ludicrous. Nothing had changed in her condition, she still smelled like cat urine , she still was hoarding food and eating out of the garbage."
Both Siver and State Senator John DeFrancisco feel Erin's law would have made a difference. DeFrancisco's bill did not pass last fall, but it was re-introduced this year. DeFrancisco says the state's report substantiates the need for Erin's Law. It would set standards for living conditions rather than leave it up to the opinion of the caseworker. After the second complaint about suspected child abuse, the caseworker would be accompanied by a police officer, and all calls to the state's hotline would be recorded.
After Erin's death, several people claimed they called the hotline, but the Office of Children and Family Services says unless those calls result in an investigation, it has no record of them .
