The Time is NOW: Pennsylvania Must Join the Majority of States with an Independent Office of the Child Advocate
The National Conference of State Legislatures (NCSL) reports that children’s ombudsman offices, sometimes called offices of the child advocate, operate in many states to provide oversight for children’s services. As of December 2024, 33 states have established such offices with specific responsibilities related to child welfare. Seven other states have broader ombudsman programs that cover multiple government agencies, including those serving children, while six states offer ombudsman programs tailored to particular populations affected by or intersecting with child welfare. Yet today, Pennsylvania remains one of the few states that does not have an Office of the Child Advocate.
Given this trend, why aren’t Pennsylvania’s elected officials working together towards the creation of a child advocate office in the Commonwealth of Pennsylvania?
Legislation aiming to establish an independent child protection ombudsman, also known as the Office of the Child Advocate, was initially introduced in Pennsylvania in 2000. The Center for Children’s Justice highlights the necessity for enhanced oversight of Pennsylvania’s child welfare system, referring to the Sandusky case as unambiguous evidence supporting the need for an independent Children’s Advocate. For instance, in 1996, both the biological mother and juvenile probation officer of one of Mr. Sandusky’s eventually adopted sons repeatedly expressed concerns regarding the child’s placement in the Sandusky household. Despite escalating concerns, they found themselves reliant on the same system responsible for overseeing—and ultimately approving—the placement. Multiple bipartisan legislative efforts have been undertaken since 2000; however, none have reached the Governor’s desk to be enacted into law. As a result, serious issues within the child protection system have persisted.
Almost two decades ago, the tragic death of 14-year-old Danieal Kelly prompted a Grand Jury investigation focused on identifying potential shortcomings within the state’s child welfare system. The resulting Grand Jury report included several recommendations designed to prevent similar incidents in the future. Among these was the proposal to establish a new position with oversight authority for the local child protective services agency, the Department of Human Services (DHS). This role was intended to have the ability to investigate complaints regarding DHS services, initiate independent inquiries as necessary, access all relevant DHS records, and produce an annual public report. In 2023, following an executive order of the Mayor, the Office of the Youth Ombudsperson opened in Philadelphia to monitor child welfare, juvenile justice, and behavioral health residential placement facilities in Philadelphia. Despite this growing recognition that such an ombudsperson would invest in children’s welfare without allegiance to existing personnel or policies, a similar statewide position has not yet been implemented.
In 2019, Pennsylvania Governor Tom Wolf signed an executive order to protect vulnerable children and youth. The first Child Advocate was appointed in February 2020 but left the role due to unclear job responsibilities. Maryann McEvoy, EdD., became the second Child Advocate in 2021 and served until her resignation in January 2025. The role remains vacant under Governor Josh Shapiro. According to Dr McEvoy’s testimony to the PA House of Representatives in March 2024, the position was established following reports of abuse at congregate care facilities and rising child fatalities due to abuse and neglect.
During Dr. McEvoy’s time as Child Advocate, her achievements included developing and implementing statewide resources to prevent adverse childhood experiences (ACEs), leading the Trauma Informed Pennsylvania (TIPA) Plan across state agencies, and managing HEAL PA, a large trauma informed coalition with over 3,000 community members disseminating free resources and support throughout the Commonwealth. She visited over 400 OCY-licensed residential facilities, collected feedback from children and staff, and served as a contact point for those seeking support. Her office addressed concerns from various stakeholders, sometimes directing them to available resources and, at other times, identifying systemic gaps by reviewing data across agencies.
Although Dr McEvoy actively advocated for Pennsylvania’s children as a member of the United States Ombudsmen Association, she observed that Child Advocate offices in other states serve as resources not only for children but also for anyone advocating on their behalf, receiving concerns from a wide range of stakeholders. In Pennsylvania, the Child Advocate office fielded concerns about various child protection issues, such as substance use, mental health, suicide, and challenges in foster and kinship care. However, because the office was created by executive order rather than statute, its authority was limited. Unlike statutorily established offices in other states, Pennsylvania’s Child Advocate office could not conduct independent reviews or coordinate broad systemic reforms. For example, Colorado’s office leads initiatives like a Mandatory Reporting Task Force, and New Hampshire’s publishes systemic findings—actions not possible under Pennsylvania’s current structure. Statutory establishment would provide the office with greater capacity to support children and improve child protection systems.
Despite the current absence of an Office of the Child Advocate, legislators continue to seek bipartisan unity in its statutory establishment. House Bill 1305 (2025-2026 Regular Session) is an act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, establishing the Office of Child Advocate; and imposing penalties. It was introduced earlier this year by Prime Sponsor, Rep. Christina Sappey (D), and Co-Sponsors, Rep. Natalie Mihalek (R) and 22 other representatives. It was referred to the House Committee for Children and Youth on April 28, 2025. No further action has been taken on House Bill 1305 since April despite multiple incidents of child abuse and fatalities occurring within the state. On September 10, 2025, Rep. Charity Grimm Krupa (R-Fayette) announced she will be introducing a package of legislation that “would protect youth, stiffen penalties for child abuse and establish a more effective watchdog for child welfare agencies following a series of horrific cases of child abuse reported in Fayette County.”
Pennsylvania has a statutory consumer advocate and an ombudsman system for aging and senior services, but there is no similar support for child welfare—even though children are often the least able to speak up for themselves. It is time for all elected officials in Pennsylvania to work together to protect and defend the children in care within the Commonwealth’s child welfare system. Pennsylvania’s children and families need an independent watchdog. What is holding you back?
