Michael Gammino

by Richard Bermack

September 2002

When Santa Clara dependency DAs need a social worker's expert opinion, Michael Gammino is the one they turn to for help. He began working with deputy district attorney Penelope Blake from the beginning of the program, in 1994. He serves 11 attorneys and has supervised approximately 23 MSW interns. “All the interns' experiences have been positive,” he states. “They obtain a more focused experience than in many DFCS positions, and they get to see how the department operates from outside the department. They get to see the client from the initial entry into the system, through protective custody, and to the dismissal or adoption.”

Gammino estimates that when he makes independent assessments, he disagrees with the department about 30% to 40% of the time. Many of the disagreements are over placements in community care facilities versus more structured foster care homes or regular foster homes. “The child wants the least restrictive placement and I'll make the recommendation if it is appropriate, and if the kid blows out, at least we tried,” he says.

Gammino notes that he agrees with the DFCS worker most of the time, but they have a different perspective. The DFCS social worker is driven by “reasonable efforts “ mandates to provide the necessary services to help a family reunify. In contrast, Gammino's focus is on the child, unencumbered by department regulations.

The program has been so successful, and there has been such a demand for Gammino's services, that the office hired two more social workers, Glenda Diseth and Nicole Bueno.

However, working for the DA also carries with it some extra responsibilities. Social workers who work for the DA are bound by attorney-client privilege. “If a child tells me something and says, 'Don't tell anyone,' I have to deal with whatever are the circumstances of that situation,” Gammino explains. Several times children have implied to Gammino that they were thinking of committing suicide. Because he was bound by confidentiality, he was personally responsible for dealing with the child. “They might call up and tell me that they ran away and are hiding in a particular place, but do not want me to tell anyone. So I'll have to go to wherever the child is at and talk to them and make sure they are safe,” he says.

Gammino remembers one client who was having serious emotional problems, who had run away and told him about what he planned to do. Gammino spent four hours talking with him. “He mainly needed someone to talk to and listen to him,” Gammino says. He felt no one cared about his problems. So we worked out a plan where he felt empowered to deal with his problems and take control of his situation. Part of the plan was for him to follow some contingencies, and that he could check in with me that evening and the following morning. We eventually were able to move him to a different foster home and find a way for him to constantly deal with some of his problems in a way that improved his self-esteem. If I had been a DFCS worker I wouldn't have had the time to work with a client that long. But I also wouldn't have had as much responsibility.”

So for Gammino it is a double-edged sword. Clients know what they say is protected by privilege so they feel more comfortable opening up. But with that comes extra responsibility.