With the charges against Ted Klaudt and the involvement of the foster care system, some believe an independent investigator is needed to avoid "conflict of interest" cynicism since this investigation could be viewed as "state investigating state." After all, Klaudt is a former legislator. And an examination of the foster care program has already begun.
From the Argus Leader:
In the wake of the felony charges announced Friday against former Rep. Ted Klaudt, a child advocate and a state senator both said South Dakota should reconsider funding a totally independent investigation position.
Such a person would be capable, perhaps, of catching complaints early.
"Sooner or later, we're going to have to go back to that and see if we can create a totally independent investigator," Republican Sen. Bill Napoli of Rapid City said Tuesday. "Whether next session or after, we have to look at that again."
Bill Napoli adds:
"There has to be something between the people and Social Services, the people and Corrections," Napoli said. "Right now, there's a perception that the state can take a child whenever they want. That's the reason people don't trust us and don't trust government."
From my law enforcement experience in the past, I do know that DSS has far too much power and far too little accountability; in fact, it's downright scary. What they can get away with makes police authority look pretty tame and impotent, in comparison.
Napoli's not the only one who has serious concerns over DSS's overreaching power. I've had conversations with Gwen Caldwell of Voice of Women about this issue and she has many horror stories of DSS tearing families apart with very little justification, and an overall atmosphere that DSS will do what it wants and there isn't much the little guy can do about it.
The Argus says from Gwen:
Caldwell feels more than a lack of trust. She was among a group of people who testified about child protection services and foster care issues during a meeting of the Legislature's Government Operations and Audit Committee in 2005. Klaudt co-chaired those proceedings.
"I just feel a real betrayal by this whole thing," Caldwell said of the announcement of charges. "We had some really grave concerns about how children were being handled by the state, and those concerns we took to Ted Klaudt as chairman of GOAC. ... How can someone be the solution when potentially, he's the problem?"
I honestly don't know if an independent office/investigator will solve the problem or even do much good. Maybe it would, but I have certain doubts.
If the expectation was that this person/office is to have some superior moral position or ability, you can't rely on such a thing. After all, any office/investigator would be made up of people, and we humans are always going to be susceptible to moral failures and even the evil of which Ted Klaudt is accused. It doesn't matter whether you're a cop or a legislator or a governor or a president: the human heart has a vulnerability to give in to evil that knows no occupational or educational boundaries.
Also, I don't know how such a position could both have the authority it needed to function as oversight, while not being too close to or too much a part of the very government system it's supposed to be watch-dogging. Maybe there's a way; I just can't envision an effective marriage of all the necessary elements.
But looking for better solutions, in light of the systemic problems mentioned by Napoli and Caldwell, and in light of this latest horrible incident, is certainly warranted.
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