…and the fact that the Alaska family police agency is gloating at kids’ expense says everything you need to know about that agency.
A federal judge in Alaska has thrown out one of those typical McLawsuits brought by the latest group Marcia Lowry founded to bring such McLawsuits, A Better Childhood. (ABC is the group Marcia founded after leaving Children’s Rights, which now has effectively rejected Lowry’s approach. She founded Children’s Rights after leaving the ACLU, which now has effectively rejected Lowry’s approach. She joined the ACLU after leaving the New York Civil Liberties Union, which now has effectively rejected Lowry’s approach.)
Alaska’a family police agency, the Office of Children’s Services, is gloating about this, falsely claiming it's some sort of vindication for them. For reasons discussed below, it is nothing of the sort.
I wrote a column for the Alaska Beacon criticizing the lawsuit – for the same reasons I criticize almost all the nearly identical McLawsuits Lowry has brought. But unlike OCS, I’m not gloating. That’s because the reason the Alaska McLawsuit would have failed, even had it been allowed to proceed, is not that it was wrong about the problems – its condemnation of Alaska foster care was almost certainly spot on. The problem is that, as usual, the McLawsuit ignored the only solution that has a chance of working: Alaska needs to stop tearing apart families at the fifth-highest rate in America, a rate nearly triple the national average.
Dismissing the lawsuit won’t advance real solutions – it will just make it easier for OCS to hide the problems.
Contrary to what OCS implies, the lawsuit was not dismissed because of anything having to do with the merits of the case against the system. It was dismissed only because A Better Childhood and its co-counsel couldn’t show that the children chosen to represent an entire class of foster children, known as “named plaintiffs,” were personally affected by the alleged failures. (This is not the first time there have been questions about how Marcia Lowry has chosen named plaintiffs.)
The real failing in the lawsuit also is the failing at the heart of a column in the Beacon by Les Gara. Gara writes from personal as well as professional experience. He’s a former foster child as well as a former state legislator. But he condemns OCS only for not doing things the legislature ordered it to do in 2018: lower caseloads, recruit more foster parents, recruit more caseworkers – in other words, the usual. But whether it’s caseworkers or foster parents, you can’t recruit your way out of a crisis caused by tearing apart families at one of the most obscene rates in America. A laser-focus on curbing wrongful removal is the essential prerequisite for fixing any system, especially an extreme outlier like Alaska.
One constructive solution Gara does embrace is making greater use of kinship foster care. OCS replies that Alaska’s percentage of children placed in this form of foster care is above the national average. Gara replies that the proportion actually appears to be declining. Both are correct. But as Gara points out, “The reality is most states do poorly on foster care work. Comparing bad apples to bad apples isn’t much of a goal.”
So, what next? A Better Childhood might appeal the dismissal of the suit. A better option would be for better lawyers to start over and bring a better lawsuit.
