.jpg) |
| Pete Buttigeig |
Much of America just got its first partial lesson in how
the child welfare system really works (and why it should be called a family
policing system). Two four-year-old children were the unwilling teachers.
What happened to the children of Pete Buttigieg is
horrible. It is not meant to diminish this harm in any way to add something at
least as important: More than one-third of all American children and more than
half of all Black children will endure the same experience. For most of them,
it will be even worse.
By now, you probably know about what happened to the four-year-old
twins adopted by former South Bend, Indiana, Mayor, former Transportation
Secretary and former (and perhaps future) presidential candidate Pete Buttigieg
and his husband Chasten. Below are some key points, and some of the lessons
that can be learned from his family’s ordeal.
Key points:
● The report to the Michigan child abuse hotline was
blatantly, obviously, false and malicious. Law enforcement ultimately concluded
that it was also politically motivated.
● The allegations were ludicrous. The caller did not say
that he actually witnessed any abuse. Nor did he say that one of the Buttigieg
children told him about any abuse. Rather, Buttigieg
says he was told:
The caller said that he had spoken to a woman who claimed
to have met me at a conference several years ago in Alabama, where she said I
told her that I had committed unspeakable violent crimes, and the caller
believed my children were still at risk.
That was enough to a bring child protective services
caseworker – and a police officer -- to the Buttigieg’s Grand Traverse,
Michigan home.
● It didn’t stop there. CPS and the police refused to even
tell Buttigieg what he was accused of. The children, four-year-old twins, were
separated from their parents for 24 hours. They were placed with grandparents
and then taken somewhere “in town” where they were separated from each other
for hour-long “forensic interviews” with total strangers.
As Buttigieg writes:
My in-laws had to explain to my children, whom we have
taught to avoid talking to strangers, that they would need to have a
conversation, one at a time and for nearly an hour each, in a place they’d
never been, with adults they did not know, who would ask questions we weren’t
allowed to know either. For twenty-four deeply distressing hours, we had no
idea what I was accused of or what was about to happen. We could not understand
someone abusing the system like this in order to hurt me and my family with an absurd
and easily refuted allegation of a horrific crime.
● The Buttigieg children were in foster care – even though
it will never show up as such in Michigan family police agency reports to the
federal government. Buttigieg and his husband were coerced into placing the
children in out-of-home care. The placement lasted 24 hours. That’s foster
care. It is the least harmful form of foster care – placement with relatives –
but it’s still foster care. But because it was all done informally, the federal
government will allow Michigan to exclude it from its figures for entries into
foster care. That’s why such placements are called, of course, hidden
foster care.
● This was almost the least amount of harm the family police
can do. (The harm would have been less had the children not been removed from
the home at all.) Buttigieg says everyone was polite and professional, and, as
noted above, the children stayed with relatives. What he encountered can best
be called CPS-lite. I’ve
written before about what a shock that can be for white, middle-class
families, and how the white middle-class version of a CPS encounter differs
from the norm.
But even when it’s CPS-lite, there’s still plenty of trauma.
Buttigieg writes:
The twenty-four hours until they returned are among the
darkest hours of my life. I tried to get my head around the idea that I had
been accused of something so serious that I couldn’t be alone around my own
children, and had consented to have them interviewed by strangers, without my
knowing where the accusation had come from or even what it contained.
Now our family is left to deal with the aftermath. I
worry about any unseen effects this had on our kids, on Chasten and me, and on
the rest of our family. Even though the accusation was absurdly and obviously
false, and was promptly rejected by law enforcement, I still worry about the
harm it has done. Chasten and I worry about who else might try to do this kind
of thing, to us or to others. … I am a reasonable man. I try to keep as calm
and low-key as possible. But I cannot describe the mix of rage and sadness that
I feel at the idea that someone brought our children into this. … this is the ugliest thing that has
happened to me since my career in service began.
Now, let’s consider the lessons:
● In media, social and otherwise, the incident is being
treated largely as some kind of bizarre outlier and a sign of the increasing
ugliness and polarization of our politics. That’s largely how Buttigieg himself
framed it.
But perhaps the most important lesson in all of this is that
it is not an outlier. Not by a longshot.
While the motives are rarely political, thousands of
children are victimized every year by the weaponization of child protective
services. It can be educators,
trying to bully parents who are fighting for the special education to which
their child is entitled. It can be landlords harassing tenants, neighbors
harassing neighbors, ex-spouses harassing each other.
By definition, no one knows what percentage of calls are
made maliciously. But in New Mexico, for example, it was so bad that officials
at their hotline issued a
plea to callers to stop using it for vendettas.
The fact that it happened to the children of Pete Buttigieg
simply brought it to the attention of millions of Americans – including Pete
Buttigieg -- who had no idea the system worked that way.
The danger of anonymous reporting
● It’s all made vastly easier by the fact that 48 states,
including Michigan, allow anonymous reports. Many states even encourage them
with constant reminders that callers don’t have to give their names. News
stories about child abuse often end with the same great big notice, along with
the hotline phone number. Buttigieg writes:
To be clear, making a false report of this kind is a
crime. That’s as it should be, both to protect the innocent from false
accusations, and to preserve the integrity of a process designed to protect
children from harm. I don’t know how much we can do about it, but so help me
God, if there is any way to press civil or criminal charges over this, we will.
Not just for our own sakes but to draw a line that I thought everyone already
recognized: do not mess with someone’s kids.
But he probably won’t be able to do a damn thing about it.
And an entire child welfare establishment wants to keep it that way. That’s why
so far only two states, New York and Texas, have had the courage to replace
anonymous reporting with confidential reporting. The accused still doesn’t know
who accused them, but at least the hotline has to know. As for the
fearmongering that’s used to defeat such laws, you can read a whole slew of
news accounts and commentaries debunking it:
amNY
has a particularly good story about the New York law. The
Imprint also has a story about the signing. So does
the New
York Daily News.
And before it passed: ProPublica
published a good story on
the bill. Also: there was an
excellent editorial from
the Syracuse Post-Standard, a superb commentary in The
Imprint, from Prof. Dale Margolin Cecka, Director of the Family Violence
Litigation Clinic at Albany Law School, and another
outstanding commentary from the lawyers who regularly represent
children in these cases, concerning why this law is needed – and why 48 states
and D.C. should follow New York and Texas in enacting such laws.
The scope of the child welfare surveillance state
● Now consider the sheer scope of the intrusion by family
police. Before they turn 18, more than one-third
of all children and more than half of all Black children will be forced to
endure much of what the Buttigieg children endured. For some, it will be
better; for most, it’s likely to be worse. Most of the calls leading to these
investigations are not malicious, but
more than 80% of the reports are false, and many of the rest are cases in
which poverty
is confused with neglect.
● Let’s go back to Buttigieg’s statement that “I am a
reasonable man. I try to keep as calm and low-key as possible.” That was
made easier for him by the simple fact that he has resources and a keen
understanding of power and politics. In this case, it also was easier because
the people who confronted him were not at all confrontational. On the contrary,
Buttigieg takes pains to praise their politeness, professionalism and efforts
to put the children at ease.
But what if they weren’t? What if they’d pounded on the door
in the middle of the night? What if they were harsh and demanding? What if they
immediately stripsearched the children? What if their father had no clout, no
resources and nowhere to turn? What if
all that caused a protective father to lose his cool? And what if that father
were Black? Would the twins be home now?
In child welfare, where there's smoke there's usually just smoke
● There are many reasons Buttigieg should worry about the
same thing happening again. In most states there is no such thing as crying
wolf in child welfare. Often, if a call alleges something that, if true, would
be child abuse, it’s screened in for investigation – no matter how thin the
evidence, no matter how absurd the allegation and no matter how many times an
anonymous caller has made similar unfounded allegations before. Obviously, that
should change and screening should be tightened.
But it’s even worse. In almost all states some sort of
record is kept of every allegation, even those labeled unfounded, which is more
than 80% of them. And keep in mind, for an allegation to be unfounded that means
a worker found so little evidence she couldn’t even check a box on a form
saying it was slightly more likely than not that the alleged abuse or neglect
occurred.
But those unfounded allegations are ticking time bombs.
Whenever someone suggests they be expunged entirely someone in the take-the-child-and-run-all-families-are-guilty-until-proven-innocent
crowd will insist they need to be kept to detect “patterns” because after all,
they say, “Where there’s smoke there’s fire.”
So if there’s another anonymous call made against Buttigieg
the existence of the first call ratchets up suspicion --
after all, where there’s smoke …
It’s even worse in any community that relies on a predictive analytics algorithm.
Those algorithms are likely to consider any previous report, unfounded or not,
reason to raise the “risk score” on a family.
And lawmakers love this stuff. A bill likely
to become law in North Carolina requires what amounts to an extra push to
take away children in any case where there are “three or more reports to Child
Protective Services in a 12-month period” – no matter how ludicrous those
reports may be.
Good thing the Buttigiegs don’t live in North Carolina.
The premise behind retaining false reports is, itself,
false. In child welfare, where there’s smoke, there’s usually just more smoke.
And no one can see clearly through smoke.
● It is striking how little Buttigieg knew about how the
child protective services system works. He had no idea any of this could be
done to his children. That’s not a knock on Buttigieg. It’s simply due to the
fact that, even if you’re in public life and the family policing system isn’t
part of your portfolio (it probably didn’t arise much at the Department of
Transportation) you are unlikely to know any of this – if you are white and
middle class. Though there are exceptions, white middle-class status provides a
great deal of immunity from encounters with family policing – though being gay
weakens that immunity, and the report against Buttigieg may illustrate that.
In contrast, if you’re poor and nonwhite, you may not know
your rights, but you know that the family police are omnipresent in your
neighborhood and you need to factor that in to every decision you make, from
when to seek help to how much to confide in a helping professional. (For an
excellent discussion of this, see Prof. Kelley Fong‘s brilliant book, Investigating
Families.)
● Indeed, even with all Buttigieg’s knowledge and experience
in power, it’s not clear if he even knew he could say no to the CPS worker and
the police and demand they get a court order. He didn’t get a lawyer until the
next day (and, of course, unlike the overwhelming majority of parents in his
position, he could afford a good one). This is why all states should have
“family Miranda” laws, requiring the family police to tell families their
rights.
Left and Right share responsibility
● And finally, a note about politics: Some of the social
media commentary from my fellow liberals has been quick to blame it all on the
hatred stirred up by President Trump and his followers. Concerning this
particular case, I think they’re probably right. But there’s more to it. The
system that allowed this to be done to Pete Buttigieg’s children wasn’t created
by Donald Trump. In its modern form, it dates back largely to the 1960s and
1970s, a time when party control of the White House shifted back and forth and
Democrats controlled Congress.
The giant child welfare surveillance state, the mandatory
reporting laws, the permission and even encouragement of anonymous
reporting, the massive power to tear apart families, the lack of any serious due
process, and horrible laws like the Child Abuse Prevention and Treatment
Act and the Adoption
and Safe Families Act – almost all of it well-intentioned – are bipartisan
failures.
Or, to put it another way: The person who tried to fire a
weapon of family destruction at Pete Buttigieg’s children may well have been
from the extreme Right. But when it came to building the weapon, loading it,
and handing it to the shooter, the Left has been complicit, and we need to own
up to it.
Even now, three Democratic governors have tweeted their
sympathy with Buttigieg and his family. All are in states that allow anonymous
reports. Will they move to change that?
It took the worst elements of liberalism and conservatism to
create this horrible system, it will take the best elements of both to fix it. Some
of us are working on it – together – through a group known as United Family Advocates.