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Report on the Deaths of Acia and Sophia Reisopoulos-Johnson

PUBLIC SUMMARY: DECEMBER 18, 2008
OFFICE OF CHILD ADVOCATE REPORT ON DEATHS OF Acia and Sophia Reisopoulos-Johnson

 The Office of the Child Advocate (OCA) today submitted a report to Governor Deval Patrick concerning the tragic deaths of Acia and Sophia Reisopoulos-Johnson, and the involvement of the Department of Children and Families (DCF, formerly Department of Social Services, or DSS) with the girls' family. In the report, Child Advocate Gail Garinger identifies two areas of concern about DCF's work with the family, and a third concern involving fire safety.

Acia and Sophia Reisopoulos-Johnson, ages 14 and 3, died in a fire in their mother's home on April 6, 2008, in South Boston. Investigators determined the fire was set deliberately, and Nicole Chuminski has been indicted by the Suffolk County District Attorney for arson, murder and assault.

There are several mechanisms in government involved in responding to these deaths:

  • The criminal justice system will seek redress against the alleged perpetrator of the arson.
  • The local child fatality review team will address the deaths of the children after conclusion of the criminal prosecution, and will examine aspects of prevention, such as the use of smoke detectors in avoiding residential fire deaths.
  • The OCA is responsible for examining the actions of executive agencies when children under their watch are seriously injured or die.

"I wish to acknowledge that a critical incident can happen under the professional gaze of experienced and sensitive providers of services. Those of us who have worked on the 'front line' in child welfare understand the difficulty of accurately predicting tragedies in less-than-ideal family settings, which unfortunately are not uncommon," said Child Advocate Gail Garinger, who reviewed the involvement of DCF with the Reisopoulos-Johnson family. "If every child at risk were removed from their families, too many children would grow up in foster care, with different attendant problems. Our goal has been to review DCF actions regarding the Reisopoulos-Johnson family with the advantage of hindsight, and to acknowledge concerns regarding agency practice with a view toward improving standards of performance."

In creating this report, the OCA reviewed documents containing personal, sensitive, and confidential information. Legislation that created the Child Advocate position requires that the confidentiality of this information remains intact. 

In order to comply with the law, and out of respect for the privacy of family members of Acia and Sophia, the OCA is not able to release the full report or to answer questions concerning the confidential information contained in the report.

Below is a summary of the concerns and recommendations outlined in the OCA's report:

Concerns and Recommendations

The OCA has identified two areas of concern about DCF's work with the family, and a third concern involving fire safety.

Concern: A failure to "connect the dots" on the part of DCF personnel — a lack of recognition of the depth of the family dysfunction over time, and the corresponding risk to the children.

Recommendations:

  • Improve documentation, using problem list documentation combined with improved closing summaries.
  • Strengthen information sharing between law enforcement and DCF and enhance DCF supervisors' understanding of Criminal Offender Record Information (CORI) so that CORIs and police reports better inform DCF decisions.
  • Strengthen training of social workers regarding risks to children from parents' substance abuse, domestic violence, criminal activity and mental health issues.
  • Adhere to policy: reinforce review of record and contact of collaterals during assessment.
  • Reinstate arrangement for proactive use of drug testing of persons with substance abuse histories.
  • Improve methods for assessing and measuring safety and risk.
  • Examine data sharing with other agencies such as Department of Transitional Assistance.

Concern: Lack of clarity regarding guardianship responsibilities in protective cases.

Recommendations:

  • Train prospective kinship guardians to navigate new relationships and set boundaries with parents of children under guardianship.
  • Provide guardians with additional resources and support.
  • Require that DCF stipulate to the terms of the guardianship and request that the stipulation be entered as an order of the court, and that a copy of the stipulation be placed in the portion of the DCF case file accessible to social workers for future reference.
  • Recommend that juvenile court judges conduct colloquies with prospective guardians, require notarized signatures on guardianship petitions, and enter stipulations regarding terms of guardianships as orders of the court.

Concern: Fire safety in residential homes.

Recommendations:

  • Train social workers to look for operational smoke detectors in homes, particularly where there are existing concerns about child safety.
  • Heighten public awareness of the risk of residential fire deaths, particularly for children in homes with domestic violence.

Conclusion

The arsonist bears primary responsibility for the deaths of Acia and Sophia Reisopoulos-Johnson. By leading lives involved with crime, drugs, and violence, the parents exposed their children to the violence of other people with similar behaviors. These events demonstrate the terrible toll that parental substance abuse, criminal behavior, and domestic violence take on the lives of children.

However, DCF also missed opportunities to recognize the dangers to Acia and Sophia and to intervene. The documentation and assessment practices within DCF made it difficult for agency personnel to create an accurate longitudinal picture of this family and to use this information to identify the level of risk for the children. The recommendations in this report reflect needed changes related to information sharing, documentation, and training within DCF.

Additional recommendations pertain to the creation of guardianships in the juvenile court and fire safety in the home, both areas in which the OCA will provide direction and leadership. As the Child Advocate, Garinger looks forward to working with DCF to implement the recommendations in this report, and to working with all child-serving agencies in the Commonwealth to coordinate and improve services to children.

About the Office of the Child Advocate

 The Office of the Child Advocate (OCA) represents the commitment of Governor Patrick and the Legislature to improve services provided by state agencies to children and families in Massachusetts. The OCA was created by executive order in December 2007 and included as part of "The Child Welfare Law" enacted in July 2008.

The goal of the OCA is to ensure that every child involved with child welfare or juvenile justice agencies in the Commonwealth is protected from harm and receives appropriate and effective services delivered in a timely and respectful manner. The OCA, an independent office that reports to the Governor, is headed by Gail Garinger, The Child Advocate. For more information, go to:www.mass.gov/childadvocate.