Employee claims Jefferson County DSS broke the law - WWNY

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WATERTOWN, New York (WWNY) - Did the Jefferson County Department of Social Services break the law? One employee says so and she makes the claim because the child involved is her grandchild.

“I don’t understand this. My heart is broken. My granddaughter looks at me and says, ‘Grandma, how many more days do I stay?’”

Jennifer Constance has been in a long custody battle with Jefferson County DSS over guardianship of her granddaughter, Kendall. Constance is also a DSS employee.

She brought her concerns for the first time to county lawmakers at a health & human services committee meeting Tuesday night.

Constance claims DSS failed to initially inform her about her biological granddaughter’s placement in the foster care system, even though the case paperwork indicates she was informed.

“That is not what the law says, that is not what our CPS workers are mandated to do. And that is not what our DSS attorneys are there certifying,” she said.

Constance says the lack of notification violated the Family Court Act. This law says when a child is being removed from his or her home, DSS must inform other relatives, including all grandparents.

Constance says Kendall deserves to be with her.

“Aside from the pure unconditional love that I have for Kendall, the reciprocating love from Kendall is - I can’t even find words for it,” she said.

For now, she has grandparent visitations, but Constance says that’s not enough.

She has spent thousands of dollars on attorneys to help her gain custody of her granddaughter. She says she has spoken to DSS Commissioner Teresa Gaffney about the matter.

“She said it’s very unfortunate. That word haunts me. That is such an empty word. What does that word mean? Unfortunate means I forgot my lunch money. This is not unfortunate. This and I looked at her and said is against the law,” said Constance.

Gaffney says that the agency does everything it can to ensure it follows regulations and its number one goal is the safety of children. And if there are any mistakes are made, they are used as a training opportunity.

Jefferson County Health and Human Services Committee Chair Anthony Doldo says the county has to look deeper into the case.

“First, I want to hear from the committee and start asking questions, but yes, this isn’t going to be put on the back burner. We’re going at this right away,” he said.

Constance says she will not give up on Kendall. She says she hopes bringing it to the county will in effect produce a written document where DSS takes responsibility for its negligence.

“So that I can look at Kendall when she says, ‘Grandma how many days,’ and I say, ‘All days,’” said Constance. Constance says she is filing her case with the New York State Attorney General’s Office.

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