News and commentary from the National Coalition for Child Protection Reform
concerning child abuse, child welfare, foster care, and family preservation.
Sometimes the cruelty inflicted on children in the name of “protecting”
them boggles the mind. Consider the case of a two-year-old boy who, in June, must
have wondered: Where did Mommy go? Why
isn’t she in the house? Why do I never see her? Did I do something wrong?
Perhaps he’s still wondering – since I haven’t been able to
find an update to
this story.
It’s a story about a mother on Long Island who made a
mistake. When she stopped at an outlet mall, she left the two-year-old in the
car for 20 minutes. The doors were locked, but the motor was running – probably
so she could keep the air conditioning on, which she did.
Someone called the police. They arrested her and called the
family police - child protective services.
At least the child was not placed in foster care; he was
allowed to live with his father.But the
Assistant District Attorney handling the case claimed that the mother’s mistake
made her such an extreme threat to the safety of her child that she should be
banned from the home and her child denied all contact with her.
And what exactly was the risk? That Mom would sneak out of
the house with her son just to get her jollies by leaving him alone in a car
again? Seems unlikely.
But the judge, sitting at his literal bench and on his
figurative high horse, bought it. Told by the mother’s public defender that her
exile might leave her homeless …
Judge Alonzo Jacobs was unswayed. Calling her actions “a
real lapse of judgment,” Jacobs granted the protective order in full and
rebuked the mother in open court. “I care less about the homeless situation and
more about the child’s life,” Jacobs said. “He could have been kidnapped. He
could have suffocated.”
Well, yes, he could have been kidnapped. The odds are
roughly 1 in 486,000 – assuming he were left in the car for an entire year.
The odds of anyone suffocating in a car parked outdoors for 20 minutes with the
air conditioning on also are extremely low.
In contrast, the odds that the judge inflicted psychological
harm on the child by leaving him feeling his mother abandoned him are a whole
lot higher. Is that how one cares about a child’s life?
Surely no one seriously believes this mom is going to do the
same thing again. So while it surely was not his intention, the judge’s cruelty
accomplishes nothing except to hurt the child.
● Gothamist
reports on that big victory for domestic violence survivors and their
children in New York. The city’s family police agency, the Administration for
Children’s Services, must stop harassing them simply because they survived
violence from their partners. From the story:
“Essentially, the ACS policy at issue in this case
permits it to surveil the mother simply because the child’s father committed
acts of domestic violence against her,” Associate Justice Ellen Gesmer wrote in
the court’s ruling. “We cannot condone a policy based on this faulty and
unlawful premise.”
And hear reporter Samantha Max discuss
the story on WNYC Public Radio. In particular, check out the excerpt from
oral argument at 4:13 in; listen closely for the brief moment of derisive
laughter directed toward the ACS attorney’s argument by one of the judges.
● The
Imprint reports on a bill passed unanimously by the New York State
Legislature that, if it becomes law, would take the first step toward seriously
regulating the insidious practice of “hidden foster care.” What is that first
step? Finding out how much of it there is.
From the story:
[U]nder a recently passed bill in New York, these
arrangements would be brought into the light, marking a first step toward fully
understanding the extent of the practice and perhaps curtailing it. Critics say
hidden foster care circumvents legal protections, relieves governments of their
responsibility, and robs caregivers of vital support and resources that are
available under the formal child welfare process.
Bringing hidden foster care into the open would have one
other advantage: It would be harder for family police agencies to pretend they
take fewer children than they really do.
● You’ve heard the child welfare establishment types yell
Drugs! Drugs! Drugs! as the all-purpose supposed reason for taking away so many
children. But if they meant that, they’d distinguish between when drug abuse
genuinely endangers children and when it does not.
And when it does, they would demand drug treatment – in
particular, the kind that works best, where parents can stay with their
children. But since Drugs! Drugs! Drugs! is mostly just an excuse to tear apart
poor families so their children can be placed into “better” – i.e., whiter
and/or wealthier – homes, the same establishment makes treatment as difficult
as possible. Shoshana Walter, author of the new book Rehab:
An American Scandal, discusses the problem for
The Marshall Project.
● In 2016, two legal scholars argued
that, when it comes to the most sacred cow in child welfare, Court-Appointed
Special Advocates, no matter how well-meaning the volunteers, the program is so
steeped in unfixable racial and class bias that runs so deep, the program is, they
said, “an act of white supremacy.” And that was before, as The Imprint
reports, this happened.
● WZTV
reports on what a Tennessee family had to endure at the hands of the family
police, even after a judge found them innocent.
● When one of Connecticut’s so-called STTAR home dumping
ground shelters was engulfed in a scandal over rampant abuse, the Connecticut
family police agency had the perfect answer! Spend more and change the acronym!
(What, you were expecting real solutions?)I
have a blog post about it.
Every state has
them. Short-term dumping grounds for
children supposedly so difficult that no place else can handle them.
The premise is
false. The dumping grounds, like all institutional care, are a failed model.
The homes that, with the right kind of help, can handle the children
that supposedly can’t be handled are filled with children who never needed to
be taken in the first place, and states are so busy pouring so much money into
things like short-term dumping grounds, that they can’t invest in the Wraparound services
that would make such placements work.
In Connecticut, these
dumping grounds are called Specialized Trauma-Informed Treatment, Assessment
and Reunification Homes, or as a press release
from Connecticut’s family police agency, the Department of Children and
Families calls them, STAR homes. Or is it STTAR homes? Or STARR homes? DCF is
so clueless it can’t even get the acronyms straight – the press release uses
all three.
As usual, in child welfare, the name is
Orwellian. If anything, they are trauma-inducing, and they do nothing to
help with reunification. They may even be one of the reasons Connecticut has one of the worst rates of reunifying
children from foster care in the country. It also
may help explain why Connecticut spends on “child welfare” at the third highest rate in the country,
triple the national average when rates of child poverty are factored in, even
as it backslides from progress it made during the last decade. (The problem
isn’t the amount, it’s that so much of it goes to causing harm instead of
helping.)
As with so many of
their counterparts across the country, really bad things can happen in
Connecticut’s STAR/STTAR/STARR homes.
Here’s a small sample of what happened at one of them, according to a memo from
a state trooper reported by Connecticut Inside
Investigator.
● The arrest of
a 42-year-old male staff member for sexual intercourse with a 14-year-old
female resident of the STAR home.
● The arrest of a
39-year-old male staff member for physically assaulting a 17-year-old female
resident after “kneeling and using bodyweight to hold her to the ground after
slamming her to the ground several times.”
● The arrest of
an 18-year-old biological male who was transitioning to female for sexually
assaulting a 15-year-old female in the home.
● A melee
involving four girls barricading themselves in the home, locking out staff, and
requiring seven state troopers and multiple ambulances to be called to the
scene, resulting in assaults on the state troopers and the arrest of the four
juveniles.
● The sexual
assault of four female residents between the ages of 14 and 17 by a 25-year-old
female staff member. An arrest warrant was being drafted for the staff member
at the time of the memorandum.
So now, in addition
to the STAR/STTAR/STARR homes, Connecticut will have ITTC homes! That’s
Intensive Transitional Treatment Centers. What’s the difference between an ITTC
and a STAR/STTAR/STAR home? Well, says a DCF bureaucrat,
“the budget is bigger, so it provides the opportunity for additional resources
…”
But would you trust
any young person, let alone one who is troubled, in the hands of an agency that
stuffs into its own press release a paragraph like this?:
Youth who
stabilize in these ITTC programs who cannot be provided a home setting in a
timely manner will be referred to Therapeutic Group Home (TGH) level of care.
Youth who continue to be acute and/or whose needs exceed the ability of what
the ITTC can provide will be referred to psychiatric residential treatment
facility (PRTF) level of care.
Got that? If the
STTAR doesn’t work, ship ‘em to the ITTC, and then to the TGH or the PRTF.
But perhaps most
striking, and most indicative of the DCF mindset, is the fact that the new plan
also will give each STAR/STTAR/STARR program $125,000 for “therapeutic
recreational activities” which as CT Mirror explained,
translates into things to do so the kids don’t get bored while they’re
institutionalized.
Young people really
do need that, of course. But let’s contrast the acronym-laden, bureaucratic DCF
approach with how the late Karl Dennis, the “father of Wraparound”
dealt with the same problem.
I have often
embedded the video below, in which Dennis explains how he returned safely to
his own mother a teenager so difficult the local jail couldn’t handle him. His
mother was hesitant, so Dennis kept asking her what she would need to be able
to take care of her son. This time, I’ve cued this link to the video to what Dennis did when
faced with the same issue as Connecticut DCF. (Or watch the embed below, starting at exactly 10:00 in).
● In his Reliable
Sources newsletter last Friday, CNN media reporter Brian Stelter documents how
the Trump Administration fans fear of crime with argument-by-anecdote to drown
out the data showing that crime has decreased. Mainstream media aren’t falling
for it. So why do so many keep falling for it when the topic is child welfare? I have a blog post about it,
with a link to the full newsletter.
CPS made the right call by not needlessly separating
these children from their family. But
somewhere along the way, we’ve taken the right lesson — that poverty is not
neglect — and twisted it into an excuse for inaction. …
Michigan lawmakers should take this moment to separate
the functions of child protection and child welfare. Let CPS investigate
serious abuse and neglect. But create a parallel, well-funded infrastructure
whose sole mission is to stabilize families, address poverty and keep children
safe without separating them from their parents.
●
The Imprint reports on what is believed to be the first national
survey of current and former Native American foster youth. One of those responding wrote:
“Our connection to culture, land, and community is not
optional — it’s vital. When those ties are broken by placement in non-Native
homes or systems that don’t understand our identity, it creates deep, long-term
harm. Too often, Indigenous youth in care are expected to adapt to systems that
weren’t built for us — systems that have historically contributed to our
displacement and trauma.’’
● In Reason, Lenore Skenazy reprints
a letter from a Virginia mother whose family had been repeatedly harassed, and
their children traumatized, when child protective services investigated them –
for letting the children play outside.Fortunately, Virginia has passed a Reasonable Childhood Independence
law.But even so, check out what
families have to go through:
[E]ven with the
legislation we helped to pass, my kids are hesitant to exercise their
independence. Few people know that parents have the right to decide what their
children are capable of handling. I have equipped my kids with a
"license" that they keep on them when they roam our small, rural
neighborhood. It says across the top in big, bold letters "MY PARENTS KNOW
I'M HERE" and includes information about SB1367 (Virginia's Reasonable
Childhood Independence law) as well as my name and phone number. My children
have been stopped by neighbors, produced their license, and thankfully were
then left unbothered.
It's even worse, of
course, in the 39 states that don’t have Reasonable Childhood Independence
laws, so children can be caught playing outside without a “license.”
● Also in Reason,
Skenazy points out that all the restrictions on children’s ability to play
freely and interact IRL are part of what’s driving their addiction to their
phones.
● It’s good to see
the Minnesota Star Tribune widening the range of viewpoints it will
publish on child welfare. In this column, Amelia
Franck Meyer of Alia Innovations explains why Minnesota needs those great new
child welfare laws to improve child safety and well-being.
● But plenty of bad
laws remain in Minnesota, including a draconian law that forces schools to call
CPS on any family where a child under age 12 has had seven unexcused absences.
In contrast, more than half the states don’t include “educational neglect” as
part of CPS’ responsibilities at all. Educational neglect allegations also are
a potent way for school districts to shut upparents
who are demanding things like the kind of
special education plan a child is entitled to by law.
As the respected
Vera Institute of Justice found long ago, for older
children “educational neglect” should not be part of CPS’ domain, period, and
for younger children there should be strict limits. Among other things, their
study refuted the widely-held myth that “educational neglect” is a sort of
“gateway allegation” signaling that horrible things are happening in the
family.
At a minimum, such
reports should be discretionary. But in the absence of either getting rid of
the category or allowing discretion, The Imprint reports,
some school districts in Minnesota have received funding to reach out to help
families first, so they never reach that seven-day mark. Unfortunately, the
story gives unjustified credence to the whole “gateway allegation” myth, never
mentions all those states that don’t deem “educational neglect” a CPS
responsibility at all, and never mentions the issue of harassment.
● On the NCCPR Blog,
I write briefly about Paul Vincent and Karl Dennis, two heroes the child
welfare field lost recently.The Imprint
also has stories about Vincent and Dennis.
Friday’s Reliable Sources newsletter
from CNN’s indefatigable media reporter Brian Stelter was all about the way
many journalists still cover child welfare – though I’m sure Stelter didn’t
realize it. In fact, the column says not a word about the “child welfare”
system or, as it should be called, the family policing system.
Rather, the column
was devoted to politicians who exploit horror stories to boost the power of the
traditional police. He cites this example:
We can see it happening this week in the sudden storyline
about Trump increasing federal law enforcement in DC while fear-mongering about crime being
"totally out of control."
Responsible news outlets keep pointing out, as PBS
"NewsHour" did,
that "contrary to the president’s claims, violent crime in Washington, DC,
last year hit a 30-year low." Nationally, as well, there is clear FBI data "showing crime down in every category," anchor Geoff
Bennettsaid. …
But irresponsible media megaphones are engaging in argument
by anecdote. They're
citing highly visible crimes … to justify Trump's desire to exert more control
in DC. For example, Fox's story about
the show of force asserts "a concerning surge in violent crime" with
no mention of data to the contrary. [Emphasis in original – it’s Stelter’s
style.]
This has, of course, been the “child welfare”
establishment playbook pretty much forever. There’s even a name for it: “health terrorism.” Take a horror story, generalize from it (argue by
anecdote), and use it to demand a vast increase in the number of children torn
from everyone they know and love in cases that are nothing like that horror
story. Instead of making children safer, it traumatizes thousands of children with needless foster care, exposes them to the high risk of abuse in foster care itself and so overloads the system that workers have even less
time to find those few children in real danger.
But, as Stelter points out, while mainstream news
organizations aren’t falling for it when it comes from Trump, often they still fall
for it in “child welfare” when it comes from extremists who happen to have
“professor” in front of their names, or cushy posts at extremist think tanks.
Or they fall for it when it comes from a grandstanding local pol or the head of
the local so-called “child advocacy” organization.
The good news: Journalists are falling for it a lot less
than they used to. When they still fall for it, politicians are less likely to
respond with knee-jerk demands to tear apart more families. And when they fall
for it, it’s usually just that; a blunder based on the revulsion we all feel
when adults do horrible things to children and a failure to seek more context
and a wider variety of sources, rather an reporters being irresponsible.
Oh, by the way: Look through back editions of the federal
government’s annual Child Maltreatment report, and you’ll find that the rate of child abuse in America
peaked in 1993. It’s declined more than 50% since then, reaching a record low
in 2023. During the first few years of this time period, foster care numbers
went up. For the rest, they went down.
So here’s a suggestion to reporters covering child
welfare: The next time anyone tries to exploit a tragedy to stampede us into
demanding that we tear apart more families, imagine that Donald Trump is
uttering those words.Then fact-check
accordingly.
There are not many true heroes in child welfare. Recently,
we lost two of them.
Paul Vincent
Paul Vincent died on July 25. Paul led the child welfare
division of the Alabama Department of Human Resources when it was the subject
of a pioneering class-action lawsuit that demanded the system rebuild to
emphasize keeping families together. (A member of NCCPR’s Board of Directors,
Ira Burnim of the Bazelon Center for Mental Health Law, was co-counsel for the
plaintiffs.) Paul welcomed the suit and worked hard to make it succeed. And it did. For a while, Alabama was the
unlikely leader in doing child welfare right – to the point that it made the
front page of The New York Times.
Paul
also served on the “Marisol Panel,” an advisory group that grew out of a class-action
lawsuit settlement in New York City. The group was strictly advisory. But
because of who was on it, and because the head of New York City’s
Administration for Children’s Services, Nicholas Scoppetta, surprised almost
everyone by taking a lot of the panel’s advice, it did a lot to set in motion
some of the changes for the better in New York City.
Then
Paul founded the Child Welfare Policy
and Practice Group, which issues outstanding reports on systems across the
country, including Iowa, Indiana and Philadelphia. You can read more about Paul
here.
Karl
Dennis
Karl
Dennis, the "father of Wraparound” -- or, as he preferred to call it, Unconditional Care --
died in June.In
a tribute to Dennis in Youth Today, David Osher writes:
Karl also understood that each person and each context
was unique and that settings, programs and even systems had to adapt to the
youth and family rather than the opposite. Just as Karl never wrote off a young
person, he never wrote off families even though most or perhaps all
Kaleidoscope youth had experienced trauma, and agencies claimed the parents
were hard to find and would not comply. He believed in family ties and
understood that family included aunts, uncles, grandparents, even close
friends, neighbors, and the whole tribe. Because Karl viewed families as
valuable resources — and Kaleidoscope worked hard to find them — when they
found them they treated them with respect and worked to earn trust, believing
that wraparound should be family-driven.
Karl understood the toxic impacts of language on people,
worker-youth/family alliance, and organizational behavior. Karl insisted that
his staff never applied the pejorative clinical language of “dysfunction” to
families; rather, he saw systems that did not provide appropriate support to
families and youth as dysfunctional.
But it’s best to let Karl Dennis speak for himself, as he
did in this presentation in 2009:
● All over the country, private foster care agencies are
fearmongering in a desperate attempt to get taxpayer bailouts and/or near
immunity from liability – because now that victims of child abuse on their
watch can sue, there are so many lawsuits that the agencies can’t afford
insurance. In
Youth Today, NCCPR suggests a better idea.
● In
a column for The Imprint, one of a series documenting what it takes
to stop families from being torn apart when their poverty is confused with
neglect, Sarah Winograd of Together With Families writes about a case in
Georgia which began with this ultimatum:
Child Protective Services gave Maurice a deadline: fix
your home, or your granddaughters will be placed in foster care.
That’s pretty amazing, since foster care apologists keep
telling us such cases don’t exist. The column documents how much it took to
cobble together the support this grandfather needed to save his children from
foster care. It reminded me of the question I posed concerning a similar
example from Missouri: Why
is foster care so easy and everything else so hard?
● Also in
The Imprint, Prof. Dale Margolin Cecka, Director of the Family
Violence Litigation Clinic at Albany Law School, documents the enormous harm of
anonymous child abuse reporting, and why New York Gov. Kathy Hochul should sign
a bill to replace it with confidential reporting.
● If we must have offices of Child Advocate/Ombudsman, then
at least let's structure them to be unbiased and recognize error in all
directions. In a
column for the Maine Morning Star about what is currently one of the
worst such offices, I suggest ways to do that.
● The American Law Institute periodically issues what it
calls “Restatements” of aspects of American law. They are massive undertakings,
and until now ALI had not tried it with child welfare law. Now that they have,
Prof. Martin Guggenheim has written a
commentary on the Restatement for Family Court Review that also is an assessment of the current state of
family defense – and the current state of the teaching of
family defense in law schools.
The family policing system separates families every day.
As a result, children and their parents suffer lifelong, irreversible trauma
and a host of other negative consequences. The Restatement acknowledges these
harms and directs courts to consider the harms of removal throughout court
proceedings when deciding whether a child should be removed from their parents
or in determining if reunification is appropriate.