The journalists were
so trapped in their own “master narrative” – their preconceived notions going
in -- that of course they wouldn’t think of actually speaking to a parent whose
child was wrongfully removed in the child removal capital of America. But even when the former head of a state
foster parent association tried to tell them, they weren’t interested.
When it comes to
tearing apart families and consigning children to the chaos of foster care the
extent to which West Virginia is an outlier is breathtaking.
Compare entries into foster care
to the total child population and West Virginia is the child removal capital of
America – by far – tearing apart families at a rate five times the national
average.
ENTRIES INTO FOSTER CARE
PER THOUSAND CHILDREN, 2022
But hey, West
Virginia is a poor state, so you should really factor in poverty, right? Agreed. Compare entries into foster care to
the impoverished child population and West Virginia still is the child
removal capital of America – tearing apart families at a rate more than four
times the national average.
ENTRIES INTO FOSTER CARE
PER THOUSAND IMPOVERISHED CHILDREN, 2022
Looked at another
way:
Right now, American
family policing agencies (a more accurate term than “child welfare” agencies) take
away about 186,000 children every year. If every state were like West Virginia,
American family policing agencies would take away 930,000 children every
year.
Right now, on any
given day, nearly 369,000 children are stuck in officially-measured foster
care. (The figure does not include hidden foster care.) If every state were like West Virginia, the
officially-measured American foster care population would be more than 1.8
million!
Human Rights Watch,
a group best known for exposing human rights abuses abroad, singled out West
Virginia and three other systems for scrutiny in a study of the human rights
abuses of American family policing called “If I Wasn’t Poor, I Wouldn’t Be Unfit.”
But when NBC News
decided to take an in-depth look
at the West Virginia system – or, more likely, was spoon-fed a “master
narrative” by one of the groups that brings largely worthless McLawsuits all
over the country – they implied that this massive exercise in family
destruction was justified.
The phrase “master
narrative” was coined by the late William Woo, when he was editor of the St.
Louis Post-Dispatch. It is not something handed down from above. It's not
some kind of media conspiracy. (As a former editor of mine liked to say, "There
are no media conspiracies; we're not that well organized.") Rather, the master narrative is simply the
preconceived notions reporters bring with them to a story. The best reporters seek out a wide variety of
sources, including those who might challenge their master narrative. That did not happen here.
Ironically echoing
exactly what the West Virginia family policing agency would want the story to
say, the website version of the NBC story presents a master narrative that
boils down to: Well, what do you expect?
The parents must all be druggie moms doped up on opioids! Or as the story put it:
West Virginia
has the country’s highest rate of children in foster care—a figure that’s four
times higher than that of the U.S. as a whole. Ravaged by the opioid epidemic,
the state has seen its foster care population balloon by 57% over the past
decade, overwhelming an already strapped child welfare system.
The version that
aired on NBC Nightly News was even more blunt – and even more wrong. According to that story:
West Virginia’s
foster care system is maxed out, largely because of the state’s intractable
opioid epidemic.
It’s not just that
this facile claim assumes that any parent who uses opioids can’t raise a child (though it didn't stop opioid abuser and alcoholic Betty Ford),
it’s not just that NBC neglected to mention what Human Rights Watch found by
actually talking to birth parents and looking at court records: that West
Virginia also takes children if their parents are receiving medication-assisted
treatment for opioid addiction. The
story also fails to take into account some basic data.
West Virginia
claims that 53% of entries into care
involved some form of substance abuse – not just opioid abuse (and, of course,
this included those medication-assisted treatment cases). This is only a claim, since children are
routinely placed in foster care before a court decides if there really was
substance abuse or any other reason to take the child. But let’s assume the figure is correct. Let’s even assume that these entries are
justified.
What about the
other 47%? West Virginia’s snatch-and-grab
mentality runs so deep that these entries alone still would leave West Virginia
tearing apart families at a rate double the national average.
In other words, if
the scourge of drug abuse magically disappeared from West Virginia tomorrow,
the state still would be a huge outlier when it comes to tearing apart
families.
Or let’s look at it
another way: NBC blames opioids for the fact that the state “has seen its
foster care population balloon by 57% over the past decade,” implying that
before the opioid epidemic West Virginia’s rate of tearing apart families was
pretty typical.
But it wasn’t.
Ten years ago, again
factoring in rates of child poverty, the proportion of children in West Virginia
foster care already was double the national average. The proportion torn from their families over
the course of a year already was more than triple the national average. (Past year figures are at this link by clicking
on the “State Dataset.”)
West Virginia isn’t
the foster care capital of America because of opioids. West Virginia is the foster-care capital of
America because of a deeply ingrained culture of child removal that predates
opioids and led to a knee-jerk response to opioids.
No mention of
racism
The NBC News story
also never bothered to examine the role of racism. Yes, there are Black people in West
Virginia. Not very many, it’s true, but the state’s family police agency has effectively painted
a target on the backs of every one of them.
● According to a recent study, at some point
during their childhoods, nearly one-third of Black children in
West Virginia will be forced into foster care. No other state even
comes close. For the four states tied for second place, it’s 18% - which would
seem appalling if not for West Virginia.
● And 14% of Black West Virginia children will, at some
point, be taken from their parents forever. In the state
with the second highest rate of termination of parental rights for Black
children, it’s 6% - which, again, would seem appalling if not for West
Virginia.
And it’s not like
nobody tried to tell the NBC journalists.
Oh, no. They didn’t actually speak to birth parents –
of course not! (Or, if they did, they didn’t include them in the story.)
Consider how that
compares to covering other issues.
No journalist for a
mainstream news organization, particularly none who is part of a national news
organization’s “investigative unit” would do a story on the criminal justice
system and speak only to crime victims, prosecutors and judges, while ignoring
the accused and defense attorneys. But
in child welfare, journalists treating birth parents as too inherently subhuman to speak to
is common. This is especially true in
West Virginia, where NBC News is simply following the lead of local media.
Since all birth
parents are stereotyped as bad, the producers reached out to the kind of parent
stereotyped as good – a foster parent.
Specifically, the former head of the West Virginia Foster Adoptive and
Kinship Parents Network, Marissa Sanders.
But what Sanders
said apparently came as a surprise. So
much so, that NBC chose not even to make clear who she is. Buried deep in the website version we find
what journalists call the “to be sure graf” the token paragraph that contradicts
the journalist’s master narrative. After noting the high rate of terminations
of children’s rights to their parents (a more accurate term than termination of
parental rights) but making no mention of the mindboggling figures specific to
Black children, the story gives us this one to-be-sure graf:
Marissa Sanders,
a foster care reform advocate, said she thinks Child Protective Service workers
are overburdened in part because they are investigating too many families that
don’t need to be investigated. “They are chasing poverty cases about kids with
dirty clothes or someone who forgot lunch and then they don’t have time to deal
with cases where a kid is being sexually abused,” she said.
But having given
that a token mention, it’s then forgotten.
And in the broadcast version seen by millions on NBC Nightly News
this isn’t mentioned at all.
Enter the
McLawsuit
So it's no wonder
the story goes on to extoll all sorts of wrong answers – starting with, yes, a
McLawsuit.
But you see,
according to NBC News, this isn’t just any lawsuit. It’s a “sweeping class-action lawsuit” that
means “West Virginia faces a legal reckoning.”
Not likely.
The track record of
these particular McLawsuits (essentially the same suit brought all over the country)
is that it will lead to years of litigation, a consent decree, court-appointed
monitors, court monitoring reports on failure to abide by the consent decree, hearings
on the failure to abide by the consent decree, lectures by the judge, more
monitoring reports, more failure to abide by the decree, more hearings, more
lectures, a modified decree, failure to adhere to the modified decree, more
lectures, a modification of the modified decree and finally, after five or ten
or 20 years or more, exit from monitoring with a system that is no better and
may well be worse.
That’s not because
the description of the conditions in these systems found in these lawsuits is
inaccurate. On the contrary, the systems
are every bit as horrible as the McLawsuits allege. The problem is the same as the problem with
NBC’s story: They ignore the fundamental cause of everything that’s gone wrong
– needless removal of children often when family poverty is confused with
neglect.
Two groups bring
most of these McLawsuits. Both were
founded by Marcia Lowry. First, she
founded “Children’s Rights,” then she left to form “A Better Childhood.” Marcia’s departure was good for Children’s
Rights. It’s taken a while, but
Children’s Rights appears to have become disenchanted with the McLawsuit
approach. First their rhetoric and now,
their most recent litigation, is zeroing in on needless removal and racial
bias. But not Marcia. Her McLawsuits are the same old same old.
They don’t always
fail.
But the rare successes all involve
situations in which Marcia briefly flirted with groups interested in taking
fewer children or in which agencies themselves said, in effect, to hell with
Marcia’s micromanaging, we’re going to focus on keeping families safely
together.
You can read all about the organizations,
the McLawsuits and the track record of this kind of litigation here.
To be clear: the
West Virginia “child welfare” system absolutely deserves to be sued. But the children of West Virginia deserve
better litigation.
They also deserve
better journalism. But the journalists
at NBC News don’t seem to have checked Marcia’s track record, just as they didn’t
check the facile explanation for West Virginia’s extreme outlier status.
So it’s no wonder
the NBC story claims that
One of the
state’s underlying issues is a lack of foster parents to take in all of the
children who have entered the system over the past decade.
Technically that’s
true. But the real problem is that so
many of those children never needed to enter the system. Were West Virginia not so fanatical about
tearing apart families, the state would have plenty of foster homes for the
children who really need them.
And so, when the
NBC story goes on to expose another West Virginia horror – the state’s
obsession with using the worst form of “care” – institutionalization – the story
itself gives the state the perfect excuse: It’s not that we want to do this,
they can say, but you said yourself we have a shortage of foster parents
because we simply had to take all those kids because of opioids!
A real
investigative story would have asked if perhaps West Virginia would have plenty
of room in good safe foster homes right now, if it simply reduced the rate at
which it tore apart families to, say, the national average (The national
average is, itself, too high, by the way – but it would be huge progress in
West Virginia.)
Then comes more standard
master narrative stuff. According to the
story:
The problem with
the system, experts say, begins with overburdened Child Protective Services
workers. While the state has hired more workers and raised salaries, it’s not
unusual to have caseloads of 100 cases, three former CPS employees told NBC
News.
No. The problem
begins with the state screening-in and investigating too many false reports, trivial
cases and, as Sanders said, “chasing poverty cases about kids with dirty
clothes or someone who forgot lunch.” Then they take the children in too many
of those cases. That overburdens the
caseworkers. So a caseworker hiring
binge won’t fix it. It will do just what
the McLawsuit is likely to do: leave West Virginia with the same lousy system
only bigger.
But NBC News
discovered none of this. They never got
past that master narrative.