News and commentary from the National Coalition for Child Protection Reform
concerning child abuse, child welfare, foster care, and family preservation.
Faced with horrifying child abuse deaths, often in cases
that were well known to child protective services agencies, there are two ways
to respond: Determine what went wrong case-by-case and do the hard work
necessary to fix the problems so they never happen again. Or just scapegoat
efforts to keep families together and embrace what amounts to a
take-the-child-and-run approach to child welfare. …
This
week’s round-up begins with exposés of foster care horrors from one end of the
country to the other:
● I have a blog post about lessons from a Honolulu Civil Beat series published two weeks ago on what was aptly
called the “Lord of the Flies” foster home. At one point, when a caseworker in
Hawaii was warned about problems in the home, she replied: “When you’re looking
for a foster home for teenage boys, you take what you can get.”
●
Last week, the Boston Globe exposed the horrors of Massachusetts group homes. It described
how hundreds of young people run from them, often because they think they’ll be
safer in the streets. One runaway recalls being told by a caseworker: “We have
nowhere else for you to go, Alexia. You have to go. Get in the car.”
As
long as Massachusetts tears apart families at a rate 44% above the national
average, runaways are going to keep hearing that from caseworkers.
● While
in Baltimore, a family was desperate to get help for their teenager’s mental
health problems. Instead of providing Wraparound services to the teen could
remain safely at home, the state threw her into foster care and wound up placing
her in a hotel. WMAR-TV reports on what happened next.As
Prof. Shanta Trivedi of the University of Baltimore pointed out in this earlier WMAR story:
…
the money spent on hotel stays and one-on-one services, would be better spent
helping to reunite family including providing wraparound services.
“Most
of the cases that we see are neglect, not abuse, and a lot of those cases are
based on poverty,” she said. “We take their children and then pay foster
parents to take care of the children when we could take that same money and pay
the parents to help them find stable housing and reduce the trauma on everyone
and not for nothing, reduce the burden on the court system, on all these
attorneys and case workers that are part of the system”
●
There’s better news from Michigan, where the state’s Court of Appeals ruled
that, no, you can’t tear children from their families forever just because a caseworker thinks the
family’s housing is too small.
(And yes, the Michigan family police agency really tries to do things like
that.)
●
And back in Colorado, there’s also some better news. The Denver Post reports that, after the state got rid of some of
its hypertechnical foster home licensing requirements, there’s been a
significant increase in kinship foster care placements with relatives.
For
me, being a Black autistic mother raising Black autistic children has created a
unique set of challenges when dealing with CPS. Each identity carries
stereotypes, and when those stereotypes combine, they often lead to increased
surveillance, harsher judgments, and less support. This is the reality that
many neurodivergent families of color live through, though it is rarely
acknowledged.
It went on for
decades. Rampant sexual abuse in the Hawaii foster home of John Teixeira.
Caseworkers failed to check on the children. Not only did the state family
police agency ignore complaints, they praised Teixeira to the skies – because,
after all, there’s always a “shortage” of foster homes, and Teixeira would take
children no one else would. And it
wasn’t just the family police agency. Teixeira also was subject to one of those
treacly “model foster parent” stories that so many reporters seem to love.
The horrors finally
were exposed thanks to a civil lawsuit by one brave former foster youth, and
dogged reporting from Honolulu Civil Beat.
How bad was it?
From one of the stories:
“Life for a
young boy in the Teixeira foster home was a struggle for survival akin to ‘Lord
of the Flies,’” the judge in JR’s lawsuit wrote in 2024, referring to the
classic novel about castaway children creating a savage society. “The older
boys were abusive and Defendant Teixeira, an abuser himself, failed to protect
younger boys from them.”
One of those who
tried to warn the family police agency
… said she tried
to tell the social worker that she didn’t think the boys were being treated
right in Teixeira’s home.
She testified
that she vividly recalls the social worker’s response.
“When you’re
looking for a foster home for teenage boys, you take what you can get.”
But that, of
course, is because systems tear apart so many families needlessly in the first
place.
And reporter John
Hill doesn’t let the family police agency get away with the usual excuse: Oh,
that was long ago, we do much better now.Hill writes:
The story is a
microcosm of what was happening to foster children across Hawaiʻi in the 1990s
and 2000s — and, evidence suggests, to this day. [Emphasis added.]
You can read all
about what happened to children placed with Teixeira in the series itself; I
won’t recap it here, just be sure you’re ready for it.
Instead, I want to
focus on something mentioned at the very beginning of the series. How JR wound
up in foster care in the first place:
The 8-year-old
boy who would later be known as John Roe 121 arrived at his new foster home in
Waimānalo in the midst of a crisis.
JR and his
siblings had been taken from their biological parents three years earlier after
his mother accidentally hit his brother on the head with a hammer in the midst
of being attacked by the children’s drug-addled father.
OK, let’s stop
there. What might have happened had Hawaii authorities removed the drug-addled
father instead of the children? No, just doing that and closing the door
wouldn’t have been enough. But what if they’d then helped JR’s mother cope with
all that had been done to her – both the psychological help agencies love to
dispense and the concrete help she almost certainly needed?What if they’d at least tried that first?
And before you say:
Wait, you wanted the state to try keeping the children in a home like that?
Read the stories to see what happened to JR when they didn’t.
But that was only
the first mistake. When children genuinely can’t stay with their own parents,
the best choice almost always is another relative. But Hawaii authorities
quickly gave up on that:
[The children]
stayed for a short time with an aunt. When state child welfare workers showed
up, the aunt told 5-year-old JR and two younger siblings to hide in a closet.
But they made too much noise.
The social
workers opened the closet door and took them away.
Then came another
placement that was not as bad as a total stranger. But, as one might expect,
given what he’d been through, JR’s behavior was getting difficult. The state
could have provided wraparound services to save that placement. But instead…
JR’s next stop
was with a neighbor of his mother. Separated from his siblings, he spent three
years with her. Now she was telling the state she could no longer handle him.
So JR was moved
from home to home to home – eventually winding up in the “Lord of the Flies”
home.
And then the state
family policing agency blew it again:
… when a
relative expressed interest in adopting JR, state officials declined. Teixeira,
they said, was JR’s “best advocate,” according to the later expert witness
report.
So, JR had a
home. Teixeira had solved a problem for the state, as he had many times before
— where to put foster boys no one else wanted.
Another story is
even more tragic. It’s the story of Rahiem Morris.
Rahiem’s dad had
a drug problem. He separated from the boy’s mother. Then the mother, Sharon
Fernandez-Thomas, was arrested for contacting her husband’s new girlfriend,
violating a court order.
She pleaded no
contest and was sentenced to community service. And CWS took Rahiem, who was 4,
severing her parental rights.
Then Rahiem’s
mother remarried, moved to the mainland and lost track of him.
There is nothing to
indicate Rahiem’s mother abused or neglected him; so there’s no indication
there was anything wrong that couldn’t have been fixed without taking Rahiem at
all, let alone terminating his right to live with his mother for his entire childhood.
After Raheim aged
out, mother and son found either other again. Children who age out often go
back to the parents the state tried to keep from them forever.But by then, too much damage had been done to
Raheim in foster care, particularly at the “Lord of the Flies” home.
There is only one
piece of encouraging news here: It looks like in 2023 and 2024, Hawaii finally
got serious about taking away fewer children (though, as always, we don’t know
how much of the decline is real and how much is just a shift to hidden foster care.)
If it’s real, then, in 2024, for the first time in more than 20 years, the rate
at which Hawaii took away children was no worse than the national average –
though that average is itself too high.
That means for the
first time, if the family police agency builds on this progress, maybe Hawaii
foster children won’t have to “take what [they] can get.”
A child dies a gruesome death. The child was “known to the
system.” In fact, the case file had more “red flags” than a Soviet May Day
parade. That leaves everyone asking: “How could it have happened?”
The answer is counterintuitive.
Tragedies like the death of Zoey Felix, who was killed after
slipping through the cracks, happen in every state. But they are more likely to
happen in Kansas. That’s because Kansas has embraced an approach to child
welfare that can be boiled down to: Take the child and run. Kansas tears apart
so many families needlessly that workers have less time to find those very few
children — like Zoey — who really do need to be taken. …
● A North Carolina agency wants us to
believe that the best way to help impoverished parents whose children have been
taken because of alleged abuse or neglect is to hand the children over to
stranger couples and pay those stranger couples $100,000 a year - plus fringe
benefits, free housing and more! The state family police agency loves it – in
part, they say, because paying that much is a great way to stop foster parents
from undermining reunification! In
this NCCPR Blog post, we offer some alternative suggestions.
● Spotlight
PA reports on the enormous harm
done to children and families by a system that makes it incredibly easy to
blacklist parents as child abusers, and incredibly difficult to get off the
blacklist.There is a lawsuit pending to
try to change this, and also legislation.
● The
Indiana Capital Chronicle tells us the
litany of pathetic excuses offered up by the head of Indiana’s family police
agency for the 30% increase in the number of children torn from their families
in 2024 compared to the previous year. The story also includes NCCPR’s perspective.
● NCCPR joined with two outstanding
advocates from Maine to discuss that state’s system in a presentation to the
2025 Kempe Center International Conference. Here’s
the text of two of the presentations.
●You know your family policing agency is out
of control when even a local CASA demands changes that would put more emphasis
on reunification. KWTV
reports that’s what happened at a hearing in
Oklahoma.
If the fact that Rhode Island’s child
welfare system wastes lives isn’t enough to prompt real change, consider the
staggering waste of money. New data show Rhode Island spending on child welfare
is proportionately the highest rate in the nation — well over triple the
national average.
The amount is equal to $11,244 for every
impoverished child in the state. Rhode Island’s children would be far better
off if the state could simply give every impoverished family $11,244 per child.
In this week’s
edition of The Horror Stories Go in All Directions:
● Honolulu Civil Beat reports
on a Hawaii Supreme Court decision that will force the state family police
agency to release records in a horrific case in which a foster child was
allegedly, in effect, adopted-to-death.
But what is most interesting is the incredible lengths the agency went
to in an effort to conceal those records:
DHS explained
that since the girl had not been officially declared dead, her case was not
subject to disclosure under the federal law.
After a judge
declared her dead, DHS said it still wouldn’t release the information because
the judge had not specified that she died of abuse.
Anybody out there know any Hollywood agents? ‘Cause I have a
great idea for a film script:
Scene 1:
Two couples are sitting around a battered table in a
broken-down trailer in, let’s say, North Carolina. They’re despairing over how
to fix up their homes and put food on the table for their children.Then one of the fathers spots an ad:
“Will you look at this?” he says. “There’s a place that
pays couples $100,000 to raise kids!”
“Yeah, right,” says the other father.
“No, look!It’s
$100,000 a year, plus fringe benefits, and they let you live in a really nice
house, rent-free!”
“No way! No one’s going to pay us $100,000 to raise our
kids.”
“No, no. Not our kids – it has to be someone
else’s kids, who’ve been taken by CPS – you know, like when they can’t provide
enough food, clothing or shelter, so CPS says it’s neglect.”
And so is born a plan: The couples sign up and get the
training to join this program. Then they convince the people running the
program that, since they already know each other, they should be given
adjoining homes.Then they call CPS and
turn each other in. Then they become “professional foster parents” for each
other’s children!
This idea catches on, more and more people sign up, and
soon an entire small town is lifted out of poverty with six-figure incomes and
free housing!
So just be ready to show them this exposé of just such a
plan for children taken from their parents in North Carolina. It’s run by
Crossnore Communities for Children with the enthusiastic support of the state
family police agency.Did I say expose?
My mistake. It’s 2,000 gushy, worshipful words in Business North Carolina
about Crossnore, the program in question and the man behind it, CEO Brett
Loftis.
As is almost always the case, Loftis and those who work on
the project, including the $100,000 foster parent couples, have the best of
intentions.As is also almost always the
case, there is no reason to take any comfort from that.
Loftis is running Bridging Families, in which couples are
hired and trained to be “professional foster parents.” They do no other job
and, in exchange, get up to $48,000 each plus a $3,000 signing bonus,* the fringe benefits and the rent-free
accommodation. There's also "an insured agency vehicle for transporting the children, a budget for food, household supplies, and clothing for the children and an allotted stipend for family vacations."
Though the worshipful story in Business North Carolina portrays
it as an amazing innovation, it sounds more like a group home with highly-paid
“house parents.”The program is paid for
by a combination of federal Title IV-E and Medicaid funds, state funds, and
private donations – North Carolina philanthropies seem to love it.
So to review:
● In North Carolina, the state Supreme Court has ruled that
children can have their right to live with their parents taken from them
forever for no other reason than a parent’s
failure to help cover the cost of the children’s foster care. (They call it "child support," but when you take someone’s child and make the parents pay money
to get the child back, the proper term for the payment is “ransom.”)Some of that ransom might even wind up
contributing to that $100,000 the professional foster parents are getting.
● In North Carolina, one-third of the children
placed in foster care are taken for reasons related to housing – that’s double
the number taken because of physical and sexual abuse combined. So there may be
roughly a one-in-three chance that a child living with strangers who are paid a combined $100,000 a year and are living rent-free was taken because her or his own
parents couldn’t afford the rent on a decent place to live.
The family
police agency loves it
Does any of this bother the family police agency in North
Carolina? Not a bit. On the contrary, Lisa Cauley, division director of the
North Carolina Department of Social Services, which oversees (badly) more than
100 county family police agencies (like the ones responsible for this
case, and this
one and this
one), is thrilled with the program. The reasons why are unintentionally
revealing.
From the story:
Bridging Families “allows us to keep siblings together,
especially larger groups … Volunteer parents seldom accept more than two
children at a time, and usually accept just one. The best option is to place
(kids) together. They’ve lost their home, their parents. They don’t need to
lose (siblings), too. And then the children get to visit with their parents,
and the parents learn skills through demonstrated change. The professional
aspect means there’s a consistency to it as well, which is rare in this world.”
Parents in Bridging Families also come with no desire to
adopt the children for whom they care. That’s a contrast to many volunteer
foster parents who view the program as a test run for adoption. That can create
problems when a court orders the children to be reunified with their birth
parents.
Cauley seems to be saying that rather than get rid of these selfish foster
parents, and rely only on the many good foster parents who are in it for the
right reasons, we’ll let the selfish ones keep on undermining families, and
defying federal law, which requires “reasonable efforts” to reunite families.
But we’ll find some foster parents we can persuade to not behave this way by
giving them a six-figure income, fringe benefits and free rent.
(By the way, when great foster parents really do fight to reunite families in North Carolina - without being paid $100,000 -- the system sometimes fights them every step of the way - as in this case).
What is striking here is that Cauley is admitting something damning
about a practice known as “concurrent
planning” – which encourages this sort of rotten behavior by telling
agencies, and foster parents, to plan for reunification and adoption simultaneously.
For decades,
critics have been saying that concurrent planning has a built-in conflict-of-interest. That conflict may help explain the steady decline in the rates at which families are
reunified. Cauley’s tolerance of this behavior may help explain why North
Carolina has the second-worst
rate of reunification in the country.
That brings us to another claim made in the story about Bridging Families: The story says they
have an 80% reunification rate vs. 40% for the state as a whole. (The figure
the state gives the federal government is even worse - 29%
in 2024.)
For starters, that may not be accurate. Crossnore repeatedly tries to sell us on the idea that the best way to help birth parents is to pay a couple of strangers $100,000 to raise their children. But Crossnore itself doesn't actually say 80% of the children in its program are reunified. Rather, Crossnore claims that 82% of children "have been discharged to permanece with parents, relatives or pre-adoptive foster families." [Emphasis added.] Both the article and Crossnore itself compare the combined total for all these categories to the state total for reunification alone. And a case Crossnore itself chooses to highlight on its website ends with adoption, not reunification.
In any event, it’s not an apples-to-apples comparison. The
statewide figure includes children in group homes and institutions, those least
likely to be reunified.We also don’t
know how the families in the Bridging Families program are chosen - except that Crossnore gets to choose who to accept and who to reject.
Crossnore says: "The parents are highly motivated to progress through their
court-appointed reunification plan and desire to partner with the Bridging
Families team to accomplish that." A detailed addendum to the form agencies must fill out to request any Crossnore service uses the degrading, demeaning term "bio mother" and "bio father" to describe the birth parents.
But most important, if, in fact, the reunification rate for conventional foster care is lower, well, what do you expect when you tolerate
foster parents who undermine reunification at every turn?
The usual excuse about siblings
And finally, there’s that claim about siblings: Cauley
claims they just can’t find enough strangers to take in sibling groups – unless couples are paid $100,000, plus free housing, plus fringe benefits. If the claim
about siblings sounds familiar, it’s because that is at the top of the excuse
list for everyone defending institutionalizing children as well.
But a key reason North Carolina has trouble placing siblings
together is that North Carolina, far more than most states, hates the one group
most likely to take in sibling groups: extended families providing kinship
foster care.North Carolina uses kinship
foster care at a rate nearly 20% below the national average.
Ah, but I forgot that intangible benefit, you know, how, as
Cauley puts it:
“The parents learn skills through demonstrated change.”
As one well-intentioned “professional foster parent”
explained:
“Mom is watching how we do things, picking up cues on
that. We’re giving advice and we are really just involved with the whole
family.
Because you know what those people are like, right? They
can’t possibly know how to be parents unless their saviors model it for them –
notwithstanding the wealth of studies, like
this one, indicating that families caught up in the family policing system
do better with less “modeling” and more money.
What else might all that money buy?
What could $150,000 a year buy in North
Carolina?
50% child care subsidies for 28 families.
50% rent subsidies for 16 families.
1 pair of “professional foster parents.”
Now let’s do a little “modeling” of our own and consider how
else the money might be spent.
First let’s add up the money: There’s $100,000 in salary
plus fringe benefits, which typically equal 30% of salary, so that would be another
$30,000.Average rent for a
two-bedroom apartment in North Carolina is $1,551 per month; the average monthly mortgage
payment is $2,125. So we’ll be conservative and say that the free housing
adds another $20,000 or so – making the total roughly $150,000 per year to
subsidize this one foster home (not including training, administrative costs,
etc.).
What else might that buy?
●As just noted, the average rent is $1,551 per month.So $150,000 would buy 50% rent subsidies for
an entire year for 16 families.
● The average cost of childcare in North Carolina is roughly
$892
per month per child.So $150,000
would buy a year’s worth of vouchers covering half the cost of child care for
28 families.
Now, consider that Crossnore’s CEO wants to set up 100 of
these so-called Bridge Family homes.
*-Yes, that's a mere $99,000; but Crossnore says "The recommended salary for each Bridge Parent is between $45,000 and $50,000 per year, plus benefits."
I first became the full-time executive director of NCCPR
in 1999, and one of the first states that caught my attention was Maine.At the time, Maine was tearing apart families
at one of the highest rates in the nation. That was made even worse by a deeply
ingrained bias against extended families. At a time when no one was doing
enough to use kinship foster care, Maine was doing nothing. The state family
police agency, a more accurate term than child welfare agency, was proud of it.
And while Maine underused the least harmful form of foster care, kinship foster
care, it overused the worst, group homes and institutions.
But something else made Maine stand out: The sheer
meanness of the agency under the leadership of its then-Commissioner, Kevin
Concannon. For what was then the Maine Department of Human Services, winning
wasn’t enough – they had to grind you into the dirt.
That’s what happened in the first Maine case that got my
attention. A Maine clinic’s treatment for a little girl with cystic fibrosis
wasn’t working, so her mother and grandmother wanted no more than to get a
second opinion – from Boston Children’s Hospital. The Maine clinic retaliated
by calling DHS, insisting all the problems were the mother’s fault.DHS took the case all the way to termination
of parental rights – and even before that, as the child lay all alone in a
hospital bed, they denied that child the chance to be comforted by her mother
and grandmother. They were denied even the right to visit.
But because this family had dared to go public, TPR was
not enough. The agency – which, as they always do, says they can’t comment on
anything because of confidentiality – asked a local newspaper to print the
entire termination decision, and they agreed.The family didn’t even get a warning. They just woke up one morning and
saw it all taking up a full page of the Kennebec Journal.
That was after Concannon already had gotten the
judge’s permission to speak out about this case, and news accounts had told his
side and reported the decision.
But in some ways, Concannon’s efforts to justify himself
backfired. The decision was a psychobabble-drenched mess so bad that the Maine
Supreme Court almost overturned it.They
didn’t – but a 4-3 decision in a Maine termination case is almost
revolutionary.And it left a little
doubt in the minds of some Maine journalists – which made them more willing to
listen when another tragedy rocked the state at about the same time.
On January 31, 2001, a five-year-old girl named Logan
Marr died, killed by her foster mother, a former caseworker for Maine DHS.
In this case, too, Maine
DHS added an extra measure of mean. Concannon would not even tell Logan Marr’s
mother he was sorry for what happened to her little girl – until after she went
public with his refusal (at which point he wrote a very nice letter).
At first, the response
to this tragedy was what it usually is when a child dies in foster care: a
focus on caseworker visits, background checks and licensing standards. But
whether a system will reform in the wake of a foster-care tragedy depends on
whether journalists get beyond that and move on to the real problems. In Maine,
that meant confronting the culture of child removal embedded in DHS.
NCCPR began raising
these larger questions. Within weeks of Logan’s death, we were in Maine
to meet with journalists and issue a report on the system - and the state’s
newspapers began pursuing these questions, in part, I believe, because of what
they’d seen in that earlier case.
Story after story, editorial
after editorial, zeroed in on the high numbers of children trapped in foster
care. Two legislative committees held hearings, and NCCPR’s testimony
received prominent coverage.
An independent office of
child welfare ombudsman was created. That would later become a huge obstacle. But
initially, unlike most such offices, which often do more harm than good, this
one took seriously the mandate to look at errors in all directions.
At about the same time,
two other things happened.
First, producers working
for the PBS series Frontline contacted NCCPR. They said
they were interested in doing a documentary about child welfare and were
looking for ideas. “You can always go to Florida,” I said, “something’s
always happening there. But if you want to look at something that’s not on
anyone’s radar, take a look at the case of Logan Marr in Maine.” I
mentioned that, among other things, there was video of Logan complaining about
being abused in her foster home, just weeks before she died.
We provided extensive
briefing material to the Frontline producers, and we were in
touch several times over the following year and a half.The result was the documentary The Taking
of Logan Marr,which I urge everyone to see.
But something much more
important happened as well. I met one fed-up foster parent – Mary Callahan.And now, you’re going to meet her, too.
Presentation of Mary Callahan
I was a single mother of two teenagers
when I started taking in foster kids. My parents had eight kids of their own
and always had foster kids in the house, so it was a natural thing for me. I
also followed their lead when it came to the hard, fast rule: I don't deal with
birth family.
Over a ten-year period,
I had ten kids who stayed for a significant length of time, the youngest being nine
years old.
When I got my first
placement, a 12-year-old named April, I believed what I was told about
her parents. They sounded pretty bad. It took me a long time to realize much of
what I was told was grossly exaggerated, an anonymous tip or a bold-faced lie.
But I recognized immediately that she was abused in foster care. She came to me
malnourished and reading four years below grade level. The foster mother before
me, who had her for six years, said to me right in front of her: "She's a
whore, just like her mother."
And that wasn't her
worst foster home. She was molested in the first one by a 14-year-old boy.
When I finally saw the
whole picture, that the abuse in her birth family was like a 1 on a 1 to 10
scale, and the abuse once in the system was more like an 8 or a 9, I started
going to people in power to show them how she had fallen through the cracks,
and somehow we had to make it right.
I was threatened by the
head of the private foster care agency and dismissed by the head of the Health
and Human Services committee. He said, tellingly: "There is nothing
new here. I've got 100 stories just like it." I was also warned that if
DHS found out what I was doing, they'd file an abuse complaint against me on the
drive home.
I decided to keep my
mouth shut. But I started to question everything I was told about my other
foster kids’ families. April was not the only one who had fallen through
the cracks. Maybe it wasn't really a crack. Maybe it was just the system.
I started writing each of their stories just to get it all off my chest.
Then Logan Marr died at
the hands of her foster mother. As the details came out in the news, it was
shocking how similar her story was to April's. The public was outraged, and
there were a lot of people demanding answers, so the HHS committee held a
public hearing.
That was the day
everything changed for me. The place was overflowing. The stories each
person got to tell in their three minutes were heartbreaking. So
heartbreaking they almost seemed unbelievable. Like no one could be that
cruel, right? When it was my turn, I addressed that. I said, "If
you're thinking these stories you've heard before me are exaggerations, they
are not. I'm a foster parent and I can tell you that's how the system
works." I got a standing ovation from the birth families.
Obviously, I had decided
to come out of hiding. But I also decided I would be so public that any
retaliation would be public too. So I talked to reporters. I met Richard
Wexler, by phone I believe, and let everyone use my name and the fact that I
had been warned there would be retaliation. DHS started telling people I was
crazy, but that made them look bad, as I was still fostering kids.
I also met so many
people that day who felt the same way I did, and they weren't just birth
families. There were psychologists and lawyers and other foster parents. There
was a local TV reporter. A state representative named Eddie Dugay was
already planning a march across the state that would end with a presentation to
the Governor.
With that as our
starting point, we formed a group we called Maine Alliance for DHS Accountability
and Reform or MADAR.
Somewhere around one
hundred of us made the trek from Ellsworth to Augusta over a four day period in
a snowstorm. That got us on the news every night. The speech to the
Governor was carried in the Lewiston Sun Journal.
We started meeting once
a month at the Statehouse, thanks to Representative Dugay, and planning more
events. The goal was just to be very, very noisy and keep the subject being
talked about.
We picketed DHS. We held
an event called the Unfair Fair. Example: We had a display of a foster home
full of pets (mine) and a grandmother trying to get her grandkids out of the
system and placed with her, being told she couldn't because her pets were a
health hazard. A nightmare and a health hazard, to be precise, and I had more
pets than she did. How fair is that?
We showed the film The
Taking of Logan Marr, a brilliant documentary that was shown on PBS, in a
church in Portland.
We made sure we got news
coverage. We wrote Op Eds and letters to the editor responding to any news item
on our issue. Reporters started calling us for a response from MADAR when
something came up.
I quickly turned my notes on my kids into a book and
self-published it. That led me to give library talks and to do book signings.
The head of DHS sent an email to their staff to attend my talks and "set
me straight." It backfired when DHS workers at my talks started to cry and
talk about families they had split up that now they regretted. One said she
quit after her supervisor made her take a new baby when the family issue was a
teenager out of control, and the mother had been the one to call for help.
Something else changed
during this time. Maine got a new Governor, John Baldacci, who named a new
commissioner of DHS, Jack Nicholas. Nicholas brought in a new head of the
division of DHS in charge of child welfare, Jim Beougher.
After one of our events,
the nightly news said I had a meeting the next day with Nicholas. They
even said what time it was, so I hustled up to Augusta even though it was news
to me. The first thing he said to me was: "I didn't know we had a meeting
until I saw it on the news last night." I still wonder who orchestrated
that. But we had a good talk. He said we were on the same side, even if it
didn't look that way from the outside.
As I was leaving, I
literally bumped into Governor John Baldacci in the hall. He said, "Keep
doing what you're doing. DHS is like a steamship at sea. You have to push and
push and push to turn it around, and if you let up for a minute it will drift
back."
Soon after, he announced
the formation of a committee to reform the Child Protection System.
That's when we entered a
new phase in our mission. I thought this was where the real work began. But I
eventually learned the real work was what led up to the formation of this
committee. The committee was where I learned how government works behind
the scenes and the games people play for their own personal gain.
There were actually
several branches of the committee, and each one had someone on it from MADAR. I
was on one and, sadly, the only one to last to the end. The others were members
of birth families in our group, and they were made to feel very unimportant and
small in their meetings. They refused to go back after a few sessions.
It was an eye-opener for
me, too. First of all, it went on for years! We met weekly, and the
meetings were hours long. We would beat a subject to death, and then someone
would say, "You know who should have been here? So and So. We should
invite her to the next meeting." And we would cover the exact same ground
in the next meeting with the new person.
We wasted so much time.
I overheard a conversation at the coffee pot during one of our breaks and
realized it was all very planned and calculated. Everyone else on these
committees was either from a foster care agency or from DHS, and saw no need
for change so their goal was to stop it.
One member was the head
of the foster care agency I worked for, and I heard him talk out of both sides
of his mouth. At the reform meetings, he talked about the need to support
birth families, and at the foster parent meetings, he promised to "get our
placements back up." He said this reform stuff would pass, and we could
all get back to business. And it was a business.
Bad news for him and
others on the committee: I kept writing Op Eds for the paper about how things
were going on the committee. Looking back on it, I was brutal.
After taking over as
chairperson for our branch, which I did by raising my hand very fast and not
giving anyone else the chance, I asked to go around the room and have everyone
say why they were on the committee and whether they had a financial stake in
the outcome. Most people refused to answer the second half of the question. I
wrote in the paper that "I'm passionate about children" is code for
"I could lose money in this deal."
When it was finally
coming to an end, we were to write up our proposals for change to present to
Governor Baldacci and Commissioner Nicholas. It turned out not a single one of
the ideas we researched and discussed at such great length was voted in. They were
all voted down for reasons like "It needs more study." We had
absolutely nothing to show for our time. Except the rest of the committee had
forgotten one thing.
When we were given our
instructions at the beginning of the process, we were told we could write up a
proposal even if it was voted down, as long as it said on the top of the
proposal what the vote was. So I typed up a half a dozen papers, and each one
had on the top of it: Voted down 29 to 1.
When these were presented
at a lunch meeting to the Governor and the Commissioner, the others on the
committee were surprised and furious. One stood up and wagged her finger at me,
saying I had ruined the whole process and wasted all of their time. I knew it
was coming so it didn't bother me.
But they were right
about the wasted time. Because while we were meeting and meeting and meeting, a
new director of the Child Protection arm of DHS was hired and his mission was
the same as mine. Jim Bouegher was already putting in place much of what was in
the proposals that were voted down.
In retrospect, the
important things we did took place before the interminable committees. It was
changing public opinion that allowed for the huge improvements made. I noticed
the change in the checkout line at the grocery store.
When Logan Marr's death
was front-page news, everyone was blaming her mother. Just like I used to think
all birth parents were awful people who didn't deserve sympathy, let alone
their kids, everyone in the grocery store line said Logan wouldn't have been in
foster care if it wasn't for her awful mother.
But that slowly
changed. Facts came out that shocked everyone. One of our members produced
a newspaper with the true facts about Logan's removal, and we brought stacks of
it to convenience stores around the state. Logan, like April and Michael and
Jennifer and so many of my kids, was removed for very trivial reasons.
Logan's mother was a
loving mother. April's parents were good people, but imperfect. Michael's
mother was young and called DHS for help. As these stories got out there and
talked about in grocery store lines, the public got ready for change. Even
clamored for it.
First, Kevin Concannon began feeling the heat.
Once NCCPR and local advocates “kicked down the door,” he had to let
other reformers walk through. So, having once scorned the success of
states that took away fewer children because they were “southern states.” (Of
course, if you’re in Maine, pretty much every place else is a southern state.)
Concannon turned for help to the Child Welfare Policy and
Practice Group, an
organization founded by Paul Vincent, who, sadly, died earlier this year. He is
the reformer who did so much to transform child welfare in Alabama.
DHS also brought in the Annie E. Casey
Foundation. But, as Mary made clear and a Casey publication about the Maine reforms makes clear, albeit in a genteel sort of way,
things didn’t really start to change until Concannon and his old guard were out
of the way.
As Casey put it:
Without the right players in the right places at the
right time, large scale change in any organization is often doomed. By 2004, a
new group of leaders moved into key positions in Maine, people who would be
absolutely essential to putting the state on an entirely new child welfare
path.
All that committee work Mary mentioned, and much
frustration, followed. But the change was remarkable and, by child welfare
standards, remarkably swift.
By 2005, four years after Logan died:
● The number of children taken from their homes had
dropped by 30 percent, and the number of children in foster care on any given
day had been cut in half.
● Maine nearly tripled the proportion of children
placed with relatives; by 2011, Maine exceeded the national average – and that
is still true.
● Most remarkable: The proportion of Maine foster
children who were institutionalized was cut by at least 73 percent.
That first independent child welfare ombudsman found
that the reduction in substitute care came with no compromise of safety. He
strongly supported the reforms.
It all prompted Harvard’s Kennedy School of Government
to make the transformation of child welfare in Maine a finalist for its
prestigious Innovations in American Government awards.
But much of that is gone now.
Not everything. As I said, Maine still uses kinship
foster care at a rate above the national average, and uses group homes and
institutions at a rate below the national average –
But if you were to plot a line graph using entry into
care data from Maine since 1999, it would look, perversely, like an ugly,
crooked smile.By 2018, Maine was taking
away even more children than before Logan Marr died – and the number stayed at
that level for every year since, through 2023, except 2021 – and that may have
been because of COVID.
Just-released data for 2024 show some improvement – but
Maine still took away children at the 12th highest rate in America – more than double the national average, even when
rates of child poverty are factored in.
How was so much lost?
With hindsight, one crucial failing set the stage for
the retreat from reform that would follow: Maine’s good leaders didn’t plan for
the prospect of bad leaders in the future. They didn’t build an infrastructure
of due process for families, so families could have a fighting chance. Instead,
everything rose and fell based on the policy choices of political leaders and
their appointees.
So what might one expect to happen when Maine elected Paul
LePage, a governor who would often be described as Trump-before-Trump because
of a penchant for lying, racism, vulgarity and miscellaneous cruelty? Someone who would seek to roll back reform at every
opportunity, of course. It started almost as soon as he took office. Then he
had the chance to kick into high gear after the deaths of two children in rapid
succession in 2018.
Bad as it is when that kind of behavior comes from
Trump-before-Trump, I would argue the moral failing may be even greater when it
comes from people who know better or should know better.
And that’s what we have now.
The current governor, Janet Mills, has been justly
praised for standing up to Trump. The first person she named to run what is now
the Maine Department of Health and Human Services, and who was there until last
year, Jeanne Lambrew, had a great reputation when she was in the Obama
Administration.
But, it seems, she knew nothing about child
welfare.How else to explain her choice
to run the child welfare division. Todd Landry came from Nebraska, one of the
few states even more fanatical about child removal than Maine - and worst in
the entire nation when Landry was in charge. Like Concannon, Landry has a mean
streak. While in Nebraska, he made a sick joke at the expense of desperate parents surrendering their
children because it was the only way they could get those children help.
Fortunately, he’s gone. There is nothing mean about his
replacement, an agency veteran, Bobbi Johnson. I think she knows what should be
done. But she has yet to show the courage necessary to push back against those
fanatically pushing to maintain or even expand Maine’s current
take-the-child-and-run approach to child welfare.
Before I get to who those people are, let me address
two other factors that made it easy to tear down reforms that were so hard to
build up.Both involve the loss of
institutional memory.
● The Maine Legislature has term limits. The lawmakers
who heard Mary Callahan and all those others testify, the lawmakers who watched
The Taking of Logan Marr when it first aired on PBS, are long gone.
● Similarly, as everywhere else, Maine media have
consolidated. The reporters who became a little skeptical after that first case
I cited, and a lot more skeptical after Logan Marr died, also are long gone.
That made it easy for Maine to
revert to what should be called a pre-Logan Marr mentality.
There is a silver lining there: Out of the rubble of
Maine media consolidation arose an excellent online news site, the Maine
Monitor. Their reporter on these issues has shown the same willingness to
dig and the same willingness to question conventional wisdom as some of his
counterparts did nearly a quarter century ago. A second online news
organization, the Maine Morning Star, is smaller but also open to all
perspectives.
But will that be enough to push back against two powerful
players devoted to the take-the-child-and-run approach?
I mentioned that when Maine first created an office of
child welfare ombudsman, it worked well. The first ombudsman saw that the
reforms were making lives better for hundreds, perhaps thousands of children,
with no compromise of safety. He knew that the errors go in all directions.
But his successor, Christine Alberi, has been more typical of the people who generally
land these jobs.She has explicitly said
that in her entire 12 years as ombudsman, she has never – never – seen a single case of wrongful removal of a child.
But then, she’s never looked. Her office responds only to
complaints, and even then, she picks and chooses which complaints. She has
explicitly rejected the idea of supplementing this by getting a team of
objective reviewers to examine a random sample of cases in order to judge
overall system performance.
And here’s the problem with all child welfare ombudsman
offices: In systems more secret than the CIA, these offices have a near
monopoly on information – giving them enormous power to spin the story of child
welfare as they choose. And, because they have this near monopoly, making them
great sources, reporters don’t want to get on their bad side.
So over and over, legislators have jerked their knees and
given the current ombudsman ever more power. Another such bill is pending. We have proposed better alternatives.
The backstory for the second person pushing the
take-the-child-and-run narrative is odder – and his media appeal inexplicable
to me. Bill Diamond used to be Maine’s Secretary of State and he used to
be a State Senator. Nothing unusual there; many states have a “Senator
Soundbite” who rushes to get attention by demanding the destruction of more
families in the wake of high-profile tragedies. (If anyone here is from Oregon or
Washington State, you know the type.)
But Bill Diamond became a godsource for Maine media in
spite of another couple of jobs he held: Director of Government Relations and
Superintendent of Schools for the now shut – thank God – Elan School.
What was the Elan School? Modeled on Synanon, it was possibly
the most notorious troubled teen industry institution in America. There is a
survivors group.There is a book about it.
And there is a two-hour documentary that is very, very difficult to watch.If I had time, I’d have shown the trailer during the Kempe Conference presentation. I had to settle for this screenshot. But you can see it here:
Diamond – the superintendent of schools – said he never
so much as set foot in the place, and thought all the problems ended before he
ever got there. Some of the survivors disagree.
In the short time since I originally wrote those last few
paragraphs, Bill Diamond died, of cancer, at the age of 81. Diamond’s obituary mentions that he died “with his family by his side.”
That family has my sincere sympathy.
Some would argue that I should have softened what I
wrote about Diamond or deleted it. Butwhen I read that line in the obituary, I was struck by something:
All over Maine, there are people who will never have
the comfort of having family by their side in their final hours. They won’t
have family around the tree with them at Christmas, or at the table with them
at Thanksgiving.
They won’t have that comfort because the state of Maine
tore them apart, often needlessly. And while I’m sure that was never his
intent, Bill Diamond’s work, and the failure of Maine media to scrutinize his
work, contributed to that tragedy.
So that’s what Maine’s most vulnerable children and
families are up against.
In his presentation, Julian Richter explained how some of their advocates are fighting back.