Squabble misses the point

Wednesday, Aug. 19, 2009 | 2:08 a.m.

Funding for Clark County’s child welfare system has been tied up in a battle between state lawmakers and District Attorney David Roger.

A provision in an appropriations bill requires the state to withhold money for Clark County’s child welfare system unless Roger steps back from his dual role. Currently, Roger’s office represents the Family Services Department, which oversees the system. The office also assigns attorneys to advocate against the department in cases in which prosecutors think children are endangered by social workers’ decisions.

As the Las Vegas Sun’s David McGrath Schwartz reported Tuesday, many state lawmakers point to what seems to be an obvious conflict. They want the district attorney to represent only the department. Roger, however, says the law allows him to act in “the public interest,” which he says means he can oppose the department when necessary.

Because Roger would not acquiesce, lawmakers slipped the provision in the appropriations bill. If it is read literally, the state cannot release any of the $87 million slated to pay for Clark County’s foster care system until Roger agrees to change his ways. Without the funding, the system would collapse.

Thankfully, Mike Willden, the director of the state’s Health and Human Services Department, is following the intent of the law. He says he will withhold only $1.5 million — money intended for Roger’s office. That will stave off what would be a catastrophe for the children in the county’s care, but the underlying question remains: Who will represent the children?

The answer should be the Family Services Department, but as we have seen over the past several years, that hasn’t always been the case.

“The Department of Family Services, as hard as they work, sometimes lets cases slip through the cracks,” Roger said. “We’re going to go to court to protect that child.”

The department has historically been underfunded and overburdened, and there have been deadly outcomes. Instead of fighting, lawmakers and Roger should focus on the children and find a way to provide a strong advocate for them.