Showing posts with label Anna Arons. Show all posts
Showing posts with label Anna Arons. Show all posts

Tuesday, December 21, 2021

Child welfare lessons from New York City’s “unintended abolition”

UPDATE: Nationwide confirmation for what happened in New York City can be found in this article, just published by the ultimate establishment source, JAMA Pediatrics. (Subscription or "rental" required.) The headline says it all: "Child Physical Abuse Did Not Increase During the Pandemic"

I began last week’s weekly review of family preservation news and commentary with this video: 


It’s from a panel on narrowing the front door to the family policing system.  The focus was New York City, but it’s just as applicable anywhere else in America – indeed, in most places the harm done by family policing is even greater and even more widespread.

The centerpiece of the event was a presentation, starting at 17:54 on the video, by Prof. Anna Arons of New York University School of Law, in which she summarized her landmark study “An Unintended Abolition.”  The study found that when COVID-19 forced the city’s family policing agency, the Administration for Children’s Services, to step back and community-run community-based mutual aid organizations stepped up, the trauma of needless investigation and foster care was significantly reduced, with no compromise of safety.

 Even the ACS Commissioner confirmed it.

 Here are some highlights from Prof. Arons’ presentation, lightly edited for space and clarity. I've also included some of the slides from her presentation. All of the slides are available here.

On the harm done by needless investigation:

These investigations even if they don't end up in family court are incredibly invasive and even if they don't result in a separation, we have an agent of the state who's entering families’ homes often unannounced in the middle of the night, demanding to see the child's nude body, demanding to look in every cabinet, and it's just a terrifying experience for any person to go through, even if that's the end of it. And for most families that is the end of it, in that 65% of reports, even before COVID were not substantiated. … This trauma is induced for this whole family, and then ACS finds no evidence to support the report whatsoever. 

Who is most affected? 

If we're looking back at the family regulation system at each stage from investigation through filing, 90% of reports received [in New York City] are about families who are Black or Latinx.   They're hugely disproportionately in neighborhoods that are lower income. So even if we are going to control for poverty, there is still an overrepresentation of for black and Latinx families at every stage of the system. 

What COVID changed – and the dogwhistling that followed 


First was just the shutdown of in-person schooling, which reduced the contact between children and this army of mandated reporters.  [Then we saw] reflected in the media at the time all of these narratives of children are going to be locked away at home, out of the eyes of mandated reporters.  We can also see that as [the] dog whistle it is, for not all children are we concerned about  - we were concerned about Black and Latinx kids who are being trapped at home with these parents who we in the predominant narrative are going to argue, have to be monitored in order to keep their children safe; they can’t be trusted to do that.
 

[NCCPR has more about this false narrative here.] 

What the drop in foster care suggests 

The drop outpaced the drop in reports alleging abuse and neglect. As Arons explains:

This significant drop in foster care seems to indicate first that ACS itself began assessing more rigorously whether it was in fact going to go to court and request a removal and it seems to have held off on filing cases where it might previously have sought removal … We also had judges at least initially granting fewer applications, even when ACS did request them, which would seem to indicate that judges were paying a bit more attention to this key factor for removal: whether there is harm or the risk of harm to the child that would be outweighed by the harm that was going to be enacted by removal itself … 

And this to me seems to show that the ACS claim [and] the family court claim that it only had previously used removals as tools of last resort is just not true … That would seem to show that in past years we have a huge number of children … who were taken from their family, for no reason. [They] could have stayed at home with their family, and yet the city still removed them and judges still approved of those removals. … 


By last summer ACS itself, through its commissioner … acknowledged at a city council hearing that he too had come to the conclusion that there had been no increase in child abuse or neglect, and it did not seem that this narrative of children being trapped at home with their abusive or neglectful parents had actually been borne out. …
 

And finally, looking forward  … we also now can say that there has been no kind of observable rebound effect.  Even now, as children are back in school, while the number of reports received creeps back up to what it was prior to COVID, there has not been any kind of bubble any increase in the number of reports as if teachers were reporting abuse or neglect that had gone unnoticed in the last year. …   

What accounts for these results? 

This is also a period where we have had more government assistance to families with fewer strings attached than essentially any other period since the New Deal. … [These programs] they do have the benefit of giving families the autonomy to receive funds and spend funds the way they would like to … fully outside the auspices of the family regulation system.  So unlike something like preventive services where, if you're accepting aid from ACS … you're also accepting ACS into your home to monitor you and police you and to accept X, Y or Z condition that goes along with that. This is just families getting money to spend as they see fit, much like we already give to, for example, foster parents, when they are caring for children. 

At the same time, we also have this huge growth in mutual aid projects … to a large degree able to take control of their own redistribution of wealth to some extent, and able to help their neighbors with everything from providing diapers, clothing and provisions like that to each other as well as services like counseling childcare, things like that. 

The way forward 

All of that to me feels like the path forward.  How do we solve child neglect, how do we keep children safe in this country?  We give families money.  We give families money so they can keep their own family safe. And so, we are not requiring the government to come in and police them and say this is how you need to raise your children. 


I think also we need to reconsider the role of mandated reporters and particularly the existence of mandated reporters in school in that I think that destroys the relationship between parents and their children school and seems to serve no real benefit.
 

And I think finally … as we creep back to the system as we saw before, I would just urge us all to kind of reject this notion that we need to return to business as usual.  … If we are going to return to a world that looks more like the world that we were in before that doesn't mean accepting all of these abusive practices of policing that are still continuing to target Black families and poor families and Latinx families and police and surveil them.  Instead, we need to move to a future and call for a future where those families are able to care for themselves the same way that all families should be able to.

Monday, April 12, 2021

Mutual aid vs. the family police: Guess which approach keeps kids safer

A new study debunks not only the “pandemic of child abuse” myth but myths about abolition as well. 

When COVID-19 forced New York City's family policing agency to step back, mutual aid organizations,
such as Bed-Stuy Srong in Brooklyn, stepped up - and child safety improved. 

It should have been obvious from the beginning: The pandemic of child abuse claims were bull--it.  It also should have been obvious that such claims are, uh, racist. 

So I’m pessimistic about how much good it will do to point out the findings of a new study by Prof. Anna Arons of New York University School of Law, looking at actual data from before, during and the transition-to-after COVID-19 in New York City.  And I’m pessimistic about how much good it will do to point out that NCCPR’s own check of similar data in Florida produced similar results.  But let’s give it a try. 

The data show that none of the dire predictions of the fearmongers came to pass.  And the new study shows more: In New York City, when the family police agency – the city’s Administration for Children’s Services – was forced to step back, community-based, community-run mutual aid organizations stepped up.  That, plus direct cash payments to individuals included in federal stimulus bills, made children safer. 

The study has lessons not only when it comes to fearmongering about COVID-19 and child abuse, but also about the word that strikes terror in the heart of the “child welfare” establishment: abolition. 

The study is only the latest challenge to the “master narrative” about child abuse and COVID-19 that emerged as soon as the pandemic began.  You remember the claims (hard to forget, since they still haven’t stopped): As soon as mostly white middle-class mandated reporters – especially teachers and other school personnel – no longer had their “eyes” constantly on overwhelmingly poor disproportionately nonwhite children due to COVID-19 school closings, the children’s parents would unleash upon them a pandemic of child abuse. 


So of course, the fearmongers claimed, there would be a huge surge in child abuse reports once the kids were back in school and their teachers could see what their parents had done to them. There even were calls to recruit more foster parents because, inevitably, so many more children would need to be taken away. 

But even after several national news organizations challenged the fearmongering, local reporters across the country accepted the myth as fact.  Even after that bastion of child welfare establishment scholarship, Chapin Hall at the University of Chicago, challenged the claims, the stories continued.  

That’s partly because of the racism that permeates all aspects of society – even if many in child welfare claim immunity.  But it’s also the result of 50 years of “health terrorism,” decade after decade of suggesting that extremely rare horror stories were common and there’s a child abuser under every bed. 

But the COVID-related claims are especially dangerous. In addition to the dangers of needlessly destroying families and overloading the system with false reports, giving workers less time to find children in real danger, the mythology risks increasing the spread of COVID-19 among families and caseworkers alike. 

These claims also fuel calls for premature full reopening of schools – in order to get those white middle-class eyes back on the kids - based on the idea that Black and Brown parents are a greater danger to their children than a deadly disease.  That was always dangerously wrong – all the more so as we are learning how the more dangerous “UK variant” of COVID-19 is spread. 

Measuring safety 

In the paper, Prof. Arons offers several measures of safety, three of which stand out to me: 

Fewer alleged child abuse fatalities.  Like everything else in the family policing system, child welfare’s pandemic of fear has been driven by lurid stories of child abuse deaths.  The message has been: If you don’t peek inside the door when you’re supposedly helping a neighbor by dropping off food and report anything that your “gut feeling” or “intuition” says is wrong today, that child might be dead tomorrow. At least two recent stories have speculated that a child who died of abuse might have been saved had the schools been open.  They went on to draw sweeping conclusions about how such a case supposedly shows the need for what amounts to a massive child welfare surveillance state.  

But deaths also are the hardest form of child abuse to hide.  And when Prof. Arons compared reports alleging child abuse fatalities between February and June 2019 – before COVID -- to the same period in 2020, during the pandemic, Prof. Arons found that reports to New York’s child abuse hotline alleging fatal child abuse in New York City declined by 25 percent, from 63 such reports to 47.  

One always should be cautious in citing fatality data to as evidence for anything – for a reason for which we all should be grateful: Though each is the worst form a tragedy, they also are extremely rare, so rare that they might rise or fall year-to-year due to random chance. 

But remember – the fearmongers told us to expect a big increase in such fatalities, and the fearmongers will use any one case they can find to “prove” that we desperately need that massive child welfare surveillance state. 

So, at a minimum, since the predicted surge in fatalities hasn’t happened it is at least as likely, and probably more likely, that forcing the family police to step back saved children’s lives, rather than contributing to children’s deaths.  I’ll discuss possible reasons for this below. 

No “rebound” in numbers or severity. Perhaps even more significant is what has happened as schools have reopened in New York City.  If the fearmongers were right, thousands of battered and bruised children would be limping back into their classrooms and shocked teachers, seeing the welts and scars would be rushing to call the hotline – a “rebound” in calls that supposedly was going to swamp child protective services and foster homes.  If the fearmongers were right, there would be far more such calls than in a typical fall (when reports always go up as children return to school) and the proportion alleging physical and sexual abuse would be higher. 

Instead, from September through November 2020, the rate of increase in hotline calls from New York City was about the same as the previous (pre-COVID) year.  And the proportion of such reports alleging anything like the stuff of horror stories remained unchanged. Both years, the proportion of reports alleging only neglect – which usually means poverty – was the same, about 75 percent. 

This is all-the-more remarkable given the power of suggestion: From March 2020, when schools shut down, until their reopening in September, New York City teachers, administrators and other school personnel heard the same messages as the rest of us: Just wait until the kids come back!  You’ll see how horrible those parents were!  But even though they were primed to see a surge in physical and sexual abuse that supposedly had gone undetected, they didn’t.  Because it wasn’t there. 

Different state, similar results 

Of course, desperate apologists for the family police might try to claim that the New York results are because not enough children are learning in person yet.  But data also are available for one of the states that has been most fanatical about trying to force children back to in-person education – a state where the governor has been among the most demagogic about pressuring schools to reopen by exploiting the false narrative of a pandemic of child abuse: Florida (of course). 

From September through November 2019, before COVID, Florida’s child abuse hotline received 84,985 calls.  During the same period in 2020, after Gov. Ron DeSantis was pushing all schools to reopen, the number was 81,688, a difference of 3,297 in a state with more than 4.2 million children.  Each year, the proportion of calls “screened in” for investigation was nearly identical. 

When Florida breaks down reports by type of abuse alleged, it reports the data for the month an investigation was closed, not when it was opened, so that makes comparisons more difficult, but it’s clear that even with all those kids pushed back into in-person instruction there was no surge in reports alleging abuse as opposed to neglect – even though, again, the governor himself was issuing dire warnings. 

Back in November, Prof. Robert Latham, associate director of the Children & Youth Law Clinic at the University of Miami (and probably child welfare’s foremost data nerd) wrote this: 

I wrote last month that if there wasn’t a big jump in the number of kids being removed by October (the typical high-point in Fall removals) then I was going to call the COVID prophecies bunk. And here we are with the October data and…nothing. The October removal numbers came in lower than expected. 

What went right? 

Prof. Arons cites two factors: The first was the emergence of a network of more than 60 mutual aid organizations throughout New York City. 

Mutual aid projects mobilized to provide an extraordinary array of services to community members who requested aid. Nearly every group organized grocery deliveries and provision of essential items like diapers, but others focused on more specialized services, like childcare for workers or mental health care and support groups. Rather than the exacting intake procedures required by charities and government social services, groups kept their barriers for entry low, requiring only that community members complete online request forms or call intake lines, and removing eligibility requirements that judged moral worthiness. 

Families stayed safely together not because of the family regulation system but because of its absence. Even in the midst of the nonstop trauma of 2020, community members worked for and with each other, providing their neighbors food, diapers, childcare, mental health services, and redistributing government wealth. [Emphasis in original]. 

Mutual aid projects had one other crucial feature: The people running them are not “mandatory reporters” of alleged child abuse or neglect – so no one had to be afraid to go to them for help. 


Families had a safe way to ameliorate the poverty that is so often confused with neglect. They had a community-based support system to ease the stress that, in rare cases, might have prompted a parent to lash out and abuse their child.  At the same time, as Prof. Jane Spinak of Columbia University Law School predicted at the start of the pandemic, the reduction in calls may have given workers more opportunity to find the very few children in real danger in time – which might have contributed to the decline in reports alleging fatal child abuse. 

So even as family policing apologists run around yelling about how the sky will fall if we abolish the child welfare surveillance state, something very much like it happened in New York City – and children wound up better off.  Prof. Arons calls her study, “An Unintended Abolition.” 

But what about Florida? I know of only one mutual aid group in that state, though of course there may be many more.  But if, in fact, mutual aid wasn’t as much of a factor in Florida, what was? 

For starters, there is the simple fact that the kind of child abuse we think of when we hear those words – the beatings, torture and murder that the fearmongers revel in – is, in fact, extremely rare, but we’ve been conditioned by health terrorism to think otherwise.  Overwhelmingly, families love their children and cope with whatever stress the world dishes out.  

But there also was a second factor in Prof. Arons’ analysis, one which applies nationwide: 

Money. 

As Prof. Arons writes: 

Together with the increase in mutual aid came a rare influx of government aid with few strings attached. The CARES Act, passed in early April 2020, provided a one-time stimulus payment of $1,200 per adult for individuals earning less than $75,000 annually, with an additional $500 payment for each child under the age of 17, and an extra $600 per week in unemployment benefits, through the end of July 2020. Together, these measures represented a transfer of funds from the government to the people larger than all other non-retirement programs combined. 

This real-world experience adds to the wealth of studies showing that even small additional amounts of cash dramatically reduce what family policing agencies call “child neglect.” This additional cash, and the help of mutual aid organizations to which families can turn without fear also prevent problems from escalating, reducing the already low probability that families will lash out at their children. 

The new danger in believing the fearmongers 

All of this takes on even greater significance as our knowledge of COVID-19 and its variants grows.  At least as early as March 19, one of the nation’s leading infectious disease experts, a member of the Biden Transition Team’s COVID task force was explaining why he’d changed his mind about the safety of a full reopening of schools.  Here’s what Dr. Michael Osterholm, director of the Center for Infectious Disease Research and Policy at the University of Minnesota, told a Boston television station: 

“I, for one, was a strong supporter of opening schools, particularly K through 8, saying the epidemiology here is compelling, that there’s just very little transmission -- to kids, from kids, by kids and that we could open schools,” Osterholm said. “Well, B.1.1.7 [The U.K. variant] has totally turned that on its head.” 

“I think school openings today are going to greatly enhance transmission of B.1.1.7 in our communities,” Osterholm said. “And I predict that within weeks we will be revisiting this issue -- unfortunately, after we’ve had substantial transmission.” 

Yet the fearmongering stories remain a staple of local news. 

Three days after Dr. Osterholm spoke, a newspaper published a story (no, I won’t link to it) in which Dr. Rachel Berger, one of the foremost proponents of a massive child welfare surveillance state, someone who's gone out of her way to minimize the harm of tearing apart families said this: 

“I can’t emphasize enough the need to get back in school. …  At least, get them into a classroom. Get a teacher seeing these kids. … At this point, we know you can open schools as long as you do it well.” 

The same story includes a similarly panicky quote from a local district attorney – and, again, all of this was published three days after Dr. Osterholm’s warning.

The fearmongers’ false, dangerous message, is unmistakable: Poor parents, especially poor parents of color are a greater danger to their children than a deadly disease. 

Time for an intended abolition? 


What really endangers children, of course, is the extent to which America’s family policing establishment has dehumanized the Black and Brown families it professes to want to help.  The family policing establishment finds it inconceivable that families who always have had to cope with far more than their white middle-class counterparts also can cope with the stress of a pandemic without taking it out on their kids.  They find it unimaginable that these parents love their children – just like white people do! They find it incomprehensible that the children and families will do better without the “counseling,” “parent education” and, worst of all, foster care, they seek to inflict. 

But now we’ve seen it happen.  We don’t have to ask what abolition would do – we’ve seen an unintended abolition make families safer. 

So imagine how well an intended abolition could work.  Imagine how much the safety and well-being of America’s impoverished children would improve were there a phased transition from agency-inflicted “preventive services” and foster care to a system that emphasized concrete help provided by community-based agencies.  Imagine if we phased out mandatory reporting laws, so no one ever need fear asking for such help.  Imagine if we drastically scaled back the family police. 

COVID-19 didn’t teach us exactly what that would look like.  But it taught us it would look a hell of a lot better than what we have now.