Photo by Gage Slidmore
Kellyanne Conway justifies the Muslim ban in much the
same way many on the Left justify child welfare's
infrigements on civil liberties.
Child welfare systems have vast power and little accountability.
Caseworkers usually can take away children entirely on their own authority; parents often have to go to court after-the-fact to try to get them back. The poor often are not guaranteed a lawyer, and rarely get a good one. The standard of proof is far lower than in a criminal case, and in most states the hearings are secret. NCCPR documents those abuses, and more, in our Due Process Agenda.
Though the system was largely created and is now largely justified by people who consider themselves liberals, when they seek to justify running roughshod over due process they sound remarkably like Donald Trump and his top aides.
Not that many are detained
Liberals justifying a take-the-child-and-run approach to child welfare often will say something like: “Only a small portion of the children investigated as possible victims of child abuse actually are removed from their homes.”
Here’s what Kellyanne Conway said about the Muslim ban – and make no mistake, that’s what it is – on Fox News Sunday today:
And so, you’re talking about 325,000 people from overseas came into this country just yesterday through our airports. So, 325,000, you’re talking about 300 and some who have been detained or are prevented from gaining access to an aircraft in their home country. They must stay for now. That's 1 percent.
And I think in terms of the upside being greater protection of our borders, of our people, it's a small price to pay.
In fact, of course, the consequences often were far more serious. I’m sure that's one reason my fellow liberals found her comments as infuriating as I did. But consider what happens in child abuse investigations:
The definitions of neglect are so broad that neglect often is confused with poverty. And all it takes to “substantiate” an allegation is a caseworker checking a box on a form stating it is slightly more likely than not that the abuse or neglect occurred. And yet the percentage of children in “substantiated” cases who are “detained” in foster care is more like 35 percent. And the detention can last months, years, or an entire childhood.
It’s only temporary
Many times I’ve heard my fellow liberals in child welfare say “Foster care is only temporary. If we make a mistake, we can always give the child back.” They say they’re just erring on the side of safety.
They argue that the harm of foster care is a small price to pay for making sure children don’t die of child abuse. They argue that if they are not allowed to run child welfare exactly as they see fit – civil liberties be damned – children will die.
Or, as Kellyanne Conway put it:
…this is what we do to keep a nation safe. I mean, there are – [the] whole idea that they’re being separated and ripped from their families, it’s temporary … as opposed to the over 3,000 children who will be forevermore separated from the parents who perished on 9/11.
We know stuff that you don't
Over and over, when people in child welfare agencies are confronted with a case of wrongful removal they say "Oh, there's so much more to it, but we can't tell you - it's confidential." And their liberal supporters say: Trust them, they know more than we do and they are just acting in the best interests of the children.
Or, as Kellyanne Conway said:
[Tump] is privy to information that the rest of us aren’t, particularly the media. The political media aren't national security and intelligence experts receiving briefings every single day like our president is.
The Muslim ban and the take-the-child-and-run approach to child welfare have something else in common: They backfire. In the case of child welfare, the infringements on civil liberties overload child welfare systems so they have less time to find children in real danger – and more children die.
I’ve written before about just how much people on the Left start to sound like Donald Trump when the topic is child abuse. And, as noted above, NCCPR has documented in detail the lack of due process.
So while we on the Left are fighting the horrors the Trump administration is inflicting on men, women - and children - abroad by denying them entry into the United States, let’s also take a moment to do something for children here at home: Stop casting aside everything we claim to believe about civil liberties as soon as someone whispers the words “child abuse” in our ears.