Showing posts with label CAPTA. Show all posts
Showing posts with label CAPTA. Show all posts

Wednesday, April 1, 2026

Our annual reminder: If it's April Fools', it must be Child Abuse Hype and Hysteria Month


ORIGINALLY PUBLISHED APRIL 1, 2010 , MOST RECENT UPDATE:  MARCH 21, 2026.

Back in 2003, one of the groups most responsible for fomenting hype and hysteria about child abuse came remarkably close to admitting that they did just that – and that it had backfired. 

Rather like Dr. Frankenstein admitting he’d created a monster, in a 2003 Request for Proposals concerning how to improve their messaging, Prevent Child Abuse America wrote: 

While the establishment of a certain degree of public horror relative to the issue of child abuse and neglect was probably necessary in the early years to create public awareness of the issue, the resulting conceptual model adopted by the public has almost certainly become one of the largest barriers to advancing the issue further in terms of individual behavior change, societal solutions and policy priorities. 

In 2020, PCAA went further. They actually branded what they had done “health terrorism” – but refused to apologize for it. 

This is especially worth remembering as we begin “Child Abuse Awareness Month” – a month, which, appropriately, starts on April Fools Day. 

So I’ve reprinted below our 2010 blog post on the topic – with some updates and links to newer data – since, unfortunately, aside from those data, little has changed. Because it's a lot easier to create a monster than to bring it under control.

If it's April Fools', it must be Child Abuse Hype and Hysteria Month

Get ready for a seemingly endless stream of cookie-cutter news stories and Astroturf op-ed columns (the kind written by national groups with blanks to fill in to make them sound home-grown) touting "Child Abuse Awareness Month" – based on the bizarre premise that the American people are blissfully unaware of child abuse. 

There is something appropriate about the fact that "Child Abuse Awareness Month" starts on April Fools' Day, since it involves fooling the public in order to push an agenda of hype and hysteria that obscures the real nature of the problem, and real solutions, in favor of approaches that only make a serious and real problem worse. Your typical Child Abuse Awareness month news story or op-ed column follows a standard formula: 

1.  1. Take the most horrifying case to occur in your community over the past year, the more lurid the better.

2.   2. Jump immediately from that story to a gigantic number which actually is only the number of "reports" alleging any form of child maltreatment. Ignore the fact that the vast majority of those reports are false and most of the rest are nothing like the horror story. Rather, they often involve the confusion of poverty with neglect. Or…

3.   3.  Use only the total number of cases that caseworkers guess might be true, but call them "confirmed," giving the guesses, which are simply the opinion of a worker checking a box on a form, far more credibility than they deserve. A major federal study found that workers are two- to six-times more likely to wrongly label an innocent family guilty than to wrongly label real child abusers innocent.

4.   4. Pile hype onto hype by reasserting the racist, discredited COVID-19 “pandemic of child abuse” myth.  (Now that we know child abuse actually went down when COVID forced the family police to step back, and simply because memories of COVID are fading, that myth seems to pop up less often.)

5.    5. Throw in huge lists of "symptoms" or "warning signs" that "might" be "signs" of child abuse – and might as easily be signs of any number of other things.

6.     6. Instruct us all that it is our duty to phone the local child abuse hotline with any suspicion of anything no matter how vague and how dubious – instead of cautioning us about the harm of even well-meaning false reports and advising us to report when we have "reasonable cause to suspect" actual maltreatment - not poverty -- the same standard theoretically used in law to guide "mandated reporters."  

      7. Remind us that we are welcome to call the hotline anonymously – thereby encouraging those who want to harass an ex-spouse, a neighbor or anyone else against whom they may have a grudge to go right ahead, secure in the knowledge that they'll never get caught because they can conceal their identity. (Fortunately, in most cases in Texas and New York, you can't do that anymore.)

Of course, given that the child welfare establishment has no shame, in recent years the usual op-eds have included token boilerplate statements about racial justice – even as these establishment groups propose making a profoundly racist family policing system, one that will, at some point investigate the families of more than half of America's Black children, even bigger and more powerful.  But watch what they do, not what they say.  Are they proposing anything that would actually curb the power of the family police, or just tacking on the usual “prevention” programs and blathering about “more training."

All of this can do enormous harm to children.  

Hotlines wind up with more false reports and trivial cases; children are harassed and traumatized by needless child abuse investigations – often including stripsearches as caseworkers look for bruises - and some of those children are forced needlessly into foster care. The caseworkers wind up even more overloaded by these false allegations, so they have even less time to find children in real danger.  

Reality check 

NCCPR has some resources on our website for any journalists and others interested in putting all this into context, countering the hype and hysteria and pressing for real solutions: 

·        -- Issue papers on Understanding Child Abuse NumbersFalse Allegations: What the Data Really ShowThe Failure of Mandatory Reporting,  and many more.

·        -- Solutions pages: Our Due Process Agenda, Doing Child Welfare Right and the NCCPR Good Bill Bank.

·        -- Our presentation on how to really prevent child abuse: take a social justice approach instead of a public health approach. And our warning to be cautious when you hear the phrase "child and family well-being system."

If the people behind "Child Abuse Awareness Month"  (also known as "Child Abuse Prevention Month") really want to prevent "child abuse" then how about campaigning to ameliorate the worst effects of poverty?  

Poverty increases the stress that can lead to actual abuse and, as noted above, poverty itself often is confused with "neglect." This can be seen by the fact that study after study shows even small increases in income significantly reduce what child welfare systems call "neglect."

The problem of child abuse is serious and real, but the solutions have been phony. The distortion and exaggeration that typify child abuse "awareness" campaigns only promote phony solutions and make those serious, real problems even worse.

If only there were a Statistics Abuse Prevention Month.

Tuesday, April 1, 2025

Our annual reminder: If it's April Fools, it must be Child Abuse Hype and Hysteria Month


ORIGINALLY PUBLISHED APRIL 1, 2010 , MOST RECENT UPDATE:  MARCH 29, 2025.

Back in 2003, one of the groups most responsible for fomenting hype and hysteria about child abuse came remarkably close to admitting that they did just that – and that it had backfired. 

Rather like Dr. Frankenstein admitting he’d created a monster, in a 2003 Request for Proposals concerning how to improve their messaging, Prevent Child Abuse America wrote: 

While the establishment of a certain degree of public horror relative to the issue of child abuse and neglect was probably necessary in the early years to create public awareness of the issue, the resulting conceptual model adopted by the public has almost certainly become one of the largest barriers to advancing the issue further in terms of individual behavior change, societal solutions and policy priorities. 

In 2020, PCAA went further. They actually branded what they had done “health terrorism” – but refused to apologize for it. 

This is especially worth remembering as we begin “Child Abuse Awareness Month” – a month, which, appropriately, starts on April Fools Day. 

So I’ve reprinted below our 2010 blog post on the topic – with some updates and links to newer data – since, unfortunately, aside from those data, little has changed. Because it's a lot easier to create a monster than to bring it under control.

If it's April Fools, it must be Child Abuse Hype and Hysteria Month

Get ready for a seemingly endless stream of cookie-cutter news stories and Astroturf op-ed columns (the kind written by national groups with blanks to fill in to make them sound home-grown) touting "Child Abuse Awareness Month" – based on the bizarre premise that the American people are blissfully unaware of child abuse. 

There is something appropriate about the fact that "Child Abuse Awareness Month" starts on April Fool’s Day, since it involves fooling the public in order to push an agenda of hype and hysteria that obscures the real nature of the problem, and real solutions, in favor of approaches that only make a serious and real problem worse. Your typical Child Abuse Awareness month news story or op-ed column follows a standard formula: 

1.  1. Take the most horrifying case to occur in your community over the past year, the more lurid the better.

2.   2. Jump immediately from that story to a gigantic number which actually is only the number of "reports" alleging any form of child maltreatment. Ignore the fact that the vast majority of those reports are false and most of the rest are nothing like the horror story. Rather, they often involve the confusion of poverty with neglect. Or…

3.   3.  Use only the total number of cases that caseworkers guess might be true, but call them "confirmed," giving the guesses, which are simply the opinion of a worker checking a box on a form, far more credibility than they deserve. A major federal study found that workers are two- to six-times more likely to wrongly label an innocent family guilty than to wrongly label real child abusers innocent.

4.   4. Pile hype onto hype by reasserting the racist, discredited COVID-19 “pandemic of child abuse” myth.  (One hopes that, now that we know child abuse actually went down when COVID forced the family police to step back, they will knock it off, but that may be too optimistic.)

5.    5. Throw in huge lists of "symptoms" or "warning signs" that "might" be "signs" of child abuse – and might as easily be signs of any number of other things.

6.     6. Instruct us all that it is our duty to phone the local child abuse hotline with any suspicion of anything no matter how vague and how dubious – instead of cautioning us about the harm of even well-meaning false reports and advising us to report when we have "reasonable cause to suspect" actual maltreatment - not poverty -- the same standard theoretically used in law to guide "mandated reporters."  

      7. Remind us that we are welcome to call the hotline anonymously – thereby encouraging those who want to harass an ex-spouse, a neighbor or anyone else against whom they may have a grudge to go right ahead, secure in the knowledge that they'll never get caught because they can conceal their identity. 

Of course, given that the child welfare establishment has no shame, in recent years the usual op-eds have included token boilerplate statements about racial justice – even as these establishment groups propose making a profoundly racist family policing system, one that will, at some point investigate the families of more than half of America's Black children, even bigger and more powerful.  But watch what they do, not what they say.  Are they proposing anything that would actually curb the power of the family police, or just tacking on the usual “prevention” programs and blathering about “more training."

All of this can do enormous harm to children.  

Hotlines wind up with more false reports and trivial cases; children are harassed and traumatized by needless child abuse investigations – often including stripsearches as caseworkers look for bruises - and some of those children are forced needlessly into foster care. The caseworkers wind up even more overloaded by these false allegations, so they have even less time to find children in real danger.  

Reality check 

NCCPR has some resources on our website for any journalists and others interested in putting all this into context, countering the hype and hysteria and pressing for real solutions: 

·        -- Issue papers on Understanding Child Abuse NumbersFalse Allegations: What the Data Really ShowThe Failure of Mandatory Reporting,  and many more.

·        -- Solutions pages: Our Due Process Agenda and Doing Child Welfare Right.

·        -- Our presentation on how to really prevent child abuse: take a social justice approach instead of a public health approach. And our warning to be cautious when you hear the phrase "child and family well-being system."

If the people behind "Child Abuse Awareness Month"  (also known as "Child Abuse Prevention Month") really want to prevent "child abuse" then how about campaigning to ameliorate the worst effects of poverty?  

Poverty increases the stress that can lead to actual abuse and, as noted above, poverty itself often is confused with "neglect."  This can be seen by the fact that study after study shows even small increases in income significantly reduce what child welfare systems call "neglect."

The problem of child abuse is serious and real, but the solutions have been phony. The distortion and exaggeration that typify child abuse "awareness" campaigns only promote phony solutions and make those serious, real problems even worse.

If only there were a Statistics Abuse Prevention Month.

Monday, April 1, 2024

If it's April Fools, it must be Child Abuse Hype and Hysteria Month


UPDATE, 2024: given that the child welfare establishment has no shame, expect the usual op-eds to have token boilerplate statements about racial justice – even as these establishment groups propose making a profoundly racist family policing system even bigger and more powerful. 

Indeed, this year, the leading group of one time "health terrorists" (that's their own term!) Prevent Child Abuse America will be proclaiming its supposed interest in racial justice while campaigning to expand the so-called Child Abuse Prevention and Treatment Act.  This horrible federal law laid the foundation for America's child welfare surveillance state, contributing to the trauma inflicted on millions of children.  You can read here about how awful this law, so beloved by PCAA really is.


ORIGINALLY PUBLISHED APRIL 1, 2010 , UPDATED APRIL 1, 2018, MARCH 31, 2020, AND MARCH 31, 2021, MARCH 27, 2024.

Back in 2003, one of the groups most responsible for fomenting hype and hysteria about child abuse came remarkably close to admitting that they did just that – and that it had backfired. 

Rather like Dr. Frankenstein admitting he’d created a monster, in a 2003 Request for Proposals concerning how to improve their messaging, Prevent Child Abuse America wrote: 

While the establishment of a certain degree of public horror relative to the issue of child abuse and neglect was probably necessary in the early years to create public awareness of the issue, the resulting conceptual model adopted by the public has almost certainly become one of the largest barriers to advancing the issue further in terms of individual behavior change, societal solutions and policy priorities. 

In 2020, PCAA went further. They actually branded what they had done “health terrorism” – but refused to apologize for it. 

This is especially worth remembering as we begin “Child Abuse Awareness Month” – a month, which, appropriately starts on April Fools Day. 

So I’ve reprinted below our 2010 blog post on the topic – with some updates and links to newer data – since, unfortunately, aside from those data, little has changed. Because it's a lot easier to create a monster than to bring it under control.

If it's April Fools, it must be Child Abuse Hype and Hysteria Month

Get ready for a seemingly endless stream of cookie-cutter news stories and Astroturf op-ed columns (the kind written by national groups with blanks to fill in to make them sound home-grown) touting "Child Abuse Awareness Month" – based on the bizarre premise that the American people are blissfully unaware of child abuse. 

There is something appropriate about the fact that "Child Abuse Awareness Month" starts on April Fool’s Day, since it involves fooling the public in order to push an agenda of hype and hysteria that obscures the real nature of the problem, and real solutions, in favor of approaches that only make a serious and real problem worse. Your typical Child Abuse Awareness month news story or op ed column follows a standard formula: 

1.  1. Take the most horrifying case to occur in your community over the past year, the more lurid the better.

2.   2. Jump immediately from that story to a gigantic number which actually is only the number of "reports" alleging any form of child maltreatment. Ignore the fact that the vast majority of those reports are false and most of the rest are nothing like the horror story. Rather, they often involve the confusion of poverty with neglect. Or…

3.   3.  Use only the total number of cases that caseworkers guess might be true, but call them "confirmed" giving the guesses, which are simply the opinion of a worker checking a box on a form, far more credibility than they deserve. A major federal study found that workers are two- to six-times more likely to wrongly label an innocent family guilty than to wrongly label real child abusers innocent.

4.   4. Pile hype onto hype by reasserting the racist, discredited COVID-19 “pandemic of child abuse” myth.  (One hopes that, now that we know child abuse actually went down when COVID forced the family police to step back, they will knock it off, but that may be too optimistic.)

5.    5. Throw in huge lists of "symptoms" or "warning signs" that "might" be "signs" of child abuse – and might as easily be signs of any number of other things.

6.     6. Instruct us all that it is our duty to phone the local child abuse hotline with any suspicion of anything no matter how vague and how dubious – instead of cautioning us about the harm of even well-meaning false reports and advising us to report when we have "reasonable cause to suspect" actual maltreatment - not poverty -- the same standard theoretically used in law to guide "mandated reporters."  

      7. Remind us that we are welcome to call the hotline anonymously – thereby encouraging those who want to harass an ex-spouse, a neighbor or anyone else against whom they may have a grudge to go right ahead, secure in the knowledge that they'll never get caught because they can conceal their identity. 

All of this can do enormous harm to children.  

Hotlines wind up with more false reports and trivial cases; children are harassed and traumatized by needless child abuse investigations – often including stripsearches as caseworkers look for bruises - and some of those children are forced needlessly into foster care. The caseworkers wind up even more overloaded by these false allegations, so they have even less time to find children in real danger.  

Reality check 

NCCPR has some resources on our website for any journalists and others interested in putting all this into context, countering the hype and hysteria and pressing for real solutions: 

·        -- Issue papers on Understanding Child Abuse Numbers and False Allegations: What the Data Really Show

·        -- Our Solutions pages, Doing Child Welfare Right and our Due Process Agenda.

·        -- Our presentation on how to really prevent child abuse: take a social justice approach instead of a public health approach.

If the people behind "Child Abuse Awareness Month"  (also known as "Child Abuse Prevention Month") really want to prevent "child abuse" then how about campaigning to ameliorate the worst effects of poverty.  

Poverty increases the stress that can lead to actual abuse and, as noted above, poverty itself often is confused with "neglect."  This can be seen by the fact that study after study shows even small increases in income significantly reduce what child welfare systems call "neglect."

The problem of child abuse is serious and real, but the solutions have been phony. The distortion and exaggeration that typify child abuse "awareness" campaigns only promote phony solutions and make those serious, real problems even worse.

If only there were a Statistics Abuse Prevention Month.

Sunday, November 12, 2023

Pushing back on a child welfare poll full of loaded questions

A new poll reveals that even when the questions are rigged, Americans are less likely to buy the snake oil the family police establishment has been selling.

The Child Abuse Prevention and Treatment Act and the Adoption and Safe Families Act
 have destroyed the lives of millions of children and families. 
But the "Bipartisan Policy Center" thinks they're models of a glorious era of bipartisanship.

Two new polls, one of them with questions that appear rigged to produce answers favorable to family policing, are bringing some good news to families, and some bad news to the family police. 

The polls make clear that even after growing up on decades of “health terrorism” – the exploitation of horror stories to misinform the public about who typically gets caught up in the system and why – the reality of family policing is starting to break through in the public mind. 

In this post I’ll look at the results, and at the group behind the poll with the loaded questions. 

The poll that wasn’t rigged 

Back in the 19th Century, the white racists who stole Native American children and forced them into hideous boarding schools, and tore apart impoverished immigrant families and forced the children onto so-called “orphan trains” grandly called themselves “child savers.”  So it’s hard to imagine that in the 21st Century there could be a group that actually calls itself “Kidsave.”  But there is.  And they commissioned a poll from Gallup, which appears to have been geared toward encouraging more Black families to foster and adopt. 

But the questions appear to be unbiased.  The results are broken down by Black adults and adults of all other races.  

It found that a majority of people of all races now recognize that the system is profoundly biased and doesn’t even try to keep families together.  And of course, the recognition is greater among those who, as a group, have had far more personal experience with that system.  Have a look:


The only good news for the family police came from the fact that, apparently, only a minority of respondents agreed with the statement “Overall, the foster care system harms more than helps the children in its care.”  But while Gallup reveals how many agreed with the statement, it doesn’t say how many disagreed.  Did the majority disagree or did the majority say some equivalent of no opinion / I don’t know. 

The poll that was rigged 

In politics they’re called “push polls” – polls in which the true objective is to sway voters using loaded or manipulative questions. 

Was that the intent of this poll done by Harris for a group calling itself the Bipartisan Policy Center (BPC) as part of its new child welfare initiative?  I don’t know.  But some of the questions sure sound like push polling. 

The poll was conducted as part of a BPC initiative that appears intended to thwart real change.  Indeed, the initiative’s home page explicitly states that they want to recreate the same bipartisanship that prompted Congress to pass two of the most hideous anti-family “child welfare” laws now on the books: the Child Abuse Prevention and Treatment Act and the Adoption and Safe Families Act.  

These laws have destroyed millions of lives.  

These laws have formed the foundation for a child welfare surveillance state that will subject more than one-third of all children, and more than half of Black children to the trauma of a child abuse investigation before they turn 18.  And almost always, it will be in response to a false report.  These laws have channeled millions into the lifelong emotional trauma inflicted by needless foster care.  One-quarter to one-third of them, and probably many more, will be subjected to abuse in foster care itself

And these laws have so overwhelmed the system with false allegations, trivial cases and cases in which family poverty is confused with neglect that the system has little time to find the relatively few children in real danger. 

Equally revealing: The one excellent anti-racist law passed by Congress in the past 50 years is not celebrated by BPC. There is no mention of seeking to recapture the spirit of the Indian Child Welfare Act.  Even the current Supreme Court recognized the importance of ICWA, and the vote to uphold it was bipartisan! 

The bipartisanship of CAPTA and ASFA is the bipartisanship for which the Bipartisan Policy Center is nostalgic.  So of course they wring their hands about “polarization.”  But in this case, opposition to their agenda is not polarization – it’s families fighting back.  It’s foster youth refusing to be shut out and silenced.  It’s a refusal to label repression as consensus. 

The BPC’s initiative is an attempt to hold back the tide of change.  It is led by Rob Geen, who was a longtime apparatchik at the Annie E. Casey Foundation.  His arrival coincided with a significant turn for the worse at Casey as it largely abandoned any concern about needless removal of children. (In contrast there already is a real bipartisan initiative pressing for real changes in family policing that would make all children safer.  It’s called United Family Advocates.

BPC is kicking off its initiative with what sure seems like a push poll.  It’s got lots of questions that stack the deck and encourage particular answers.  In question after question, they do this by embracing the Big Lie of American child welfare – the false claim that child safety and family preservation are opposites that need to be “balanced.”  According to the Big Lie, when the system falsely accuses families, traumatizes children with needless interrogations and stripsearches and forces them needlessly into foster care somehow only adults are harmed. 

Indeed, BPC’s publication releasing the poll results explicitly characterizes support for massive overinvestigation of families as “err[ing] on the safe side.”  On the contrary, the massive child welfare surveillance state built on the very laws BPC loves has made all children less safe. 

In spite of the rigged wording, discussed in detail below, the poll produced some extraordinary numbers: 

● By a wide majority, respondents believe children’s well-being is best ensured by “heavily favor[ing] parents' authority” rather than “heavily favoring the government’s interest in ensuring children’s well-being.”  (Notice the subtle stacking of the deck: The question is not balanced. It does not repeat the line about children’s well-being in the part favoring parents, only in the part favoring government.) 

● Americans are realizing that racial and class bias permeate family policing.  Sixty percent agree that “Too often, decisions on whether the child welfare system should intervene in families are influenced by racial biases.”  (That’s the figure for all of those surveyed.  So far, BPC has not  released any results broken down by race.)  And 73% agree that “Too often, decisions on whether the child welfare system should intervene in families are influenced by socioeconomic/poverty biases.” 

● And despite the best efforts of the pollsters and the Bipartisan Policy Center, Americans understand how harmful it is for children to be consigned to the chaos of foster care. 

The poll found that 39% of respondents “Heavily favor the system removing the child from their home, even if removal might not be absolutely necessary”   But 53% “Heavily favor the system keeping the child with their family, even if the risk of future harm is unclear.” 

Now, let’s consider the more flagrant examples of loaded questions: 

● Consider this muddled mess of a question that led to seemingly contradictory responses 

In your opinion, which of the following statements most closely reflects your position on how the U.S. child welfare system should work when deciding whether to investigate reports of abuse or neglect in these scenarios?

-- Investigate every report, even if that means that some parents might be investigated unnecessarily. 

-- Only investigate reports where there is compelling evidence that abuse or neglect has occurred, or is occurring, even if some legitimate reports aren't investigated.

 The question is framed to leave the false impression that only parents might be harmed by unnecessary investigations.  So, not surprisingly, when questioned this way, a strong majority favors investigating every report.   


But what would happen if the options were phrased this way? 

-- Investigate every report even if it leaves some children emotionally traumatized for life after being interrogated about the most intimate aspects of their lives – and then being stripsearched – while also overloading workers so they have less time to find children in real danger. 

-- Only investigate reports where there is compelling evidence that abuse and neglect has occurred or is occurring in order to spare children needless trauma and increase the odds that workers will find children in real danger before it’s too late. 

And here’s where it gets weird.  In spite of the stacked deck nature of the actual poll question, the BPC publication discussing the poll also notes what apparently was a response to another question.  Before the family police begin an investigation 


60% of Americans think that authorities should need reports detailing first-hand knowledge or a strong reason to suspect a child has been or is being harmed.

So according to this poll, before the family police launch an investigation, a  majority of Americans oppose requiring “compelling evidence that abuse or neglect has occurred” but favor requiring “first-hand knowledge or a strong reason to suspect a child has been or is being harmed.”  (And by the way, either of those would be a higher standard than child abuse hotlines apply today.) 

Another question once again tries to stack the deck: 


 
In an ideal world, which of the following statements most closely reflects your position on what the primary purpose of the child welfare system in this country should be?

They were given two options: 

44% said: 

Primarily protecting children at risk of abuse or neglect by their families. 

But 51% said: 

Primarily strengthening families' ability to care for their children.

So despite the false framing in which “protecting children” and “strengthening families” are presented as opposites, a majority wasn’t fooled.  A majority apparently understood that the primary way to protect children is strengthening families. 

But imagine how much greater the margin would be had the options been phrased honestly, and respondents had been asked if the system’s role should be 

Primarily protecting children at risk of abuse or neglect by investigating their families and removing the children 

or 

Primarily protecting children at risk of abuse or neglect by strengthening their families. 

Why were the results here so different from the very similar question about investigations?  Perhaps because people don’t realize how traumatic investigations, in and of themselves, are for children.  In contrast, this question speaks of the entire “child welfare system,” which might conjure up visions of the harm of child removal. 

The question that was really about ASFA 

As you read about this next question, keep in mind that BPC specifically cites the so-called Adoption and Safe Families Act (ASFA) as the kind of glorious achievement their new initiative hopes to replicate. 

● Another example of pushback against the push polling comes in a question about timelines.  With certain exceptions, ASFA requires states to seek termination of children’s rights to their parents (a more accurate term than termination of parental rights) if they have been in foster care for 15 of the previous 22 months – no matter what the reason.  Even if the child never should have been taken in the first place.  Even if the family police agency did nothing real to help the family reunify.  

Congress was persuaded to pass this thanks to another Big Lie: the false claim that a vast family preservation conspiracy was forcing children to languish in foster care while the same agencies that took them away in the first place lavished chance after chance on horrible parents.  Impose strict timelines, they said, and all these children would be “freed” for adoption, taken in immediately by hordes of couples desperate to receive them and all would live happily ever after. 

None of it was true.  The primary purpose of ASFA was to encourage taking away more children.  One of those who claimed responsibility for writing ASFA, the late Richard Gelles, couldn’t resist gloating about this. In 2000 he told the New York City publication Child Welfare Watch: 

"Initially, this was just supposed to be a safe families bill, not really an adoption bill at all. The adoption component was a way of sanitizing the bill, to make it more appealing to a broader group of people. Adoption is a very popular concept in the country right now." 

In fact, not only was ASFA not responsible for reducing length of stay in foster care it may have impeded it.  ASFA also led to an increase in children aging out of foster care with no home at all, many of them legal orphans with no ties to their birth families and no magical adoptive home either. 

The best way to reduce time in foster care is to reduce it to zero by not taking children needlessly in the first place.  The next best way is to finally get serious about providing families with the concrete help they need to reunite.  

But BPC’s push poll-type question offers a false choice in keeping with the ASFA false narrative.  Respondents were asked: 

In your opinion, which of the following statements most closely reflects your position on how the U.S. foster care system should work when deciding how long parents should be given to address challenges? 

Heavily favor the system giving parents more time to address challenges and reunify with their children, even if it means that children spend more time in foster care. 

Heavily favor the system minimizing the amount of time that children remain in foster care, even if it means that parents and children are less likely to be reunited. 

Despite this loaded language, respondents weren’t hoodwinked.  By a remarkably strong majority 55 to 36% they favored “giving parents more time.” 

And what might have happened had the question been framed more honestly, with the options presented as: 

Heavily favor the system giving parents more time to address challenges and reunify with their children, because research shows children do best when they maintain ties to their families. 

Heavily favor the system minimizing the amount of time until termination of parental rights, even if it means children may become legal orphans with no ties to any family. 

They’re not evil, but they sure are sick! 

A key defense used by family policing agencies boils down to: You don’t understand.  We’re not police, we’re helpers!  We don’t think parents are evil (even though we gladly use horror stories about extremely rare cases where they are evil to stampede you into supporting us). No, we don’t think they’re evil, but they’re sick! Sick! Sick!  So we must be free to bestow upon them our counseling and parent education while we hold their children in foster care. 

This ugly, patronizing narrative pervades BPC’s and Harris’ discussion of the poll results.  And it’s straight out of the health terrorists’ playbook.  Compare: 

In the 1980s Prevent Child Abuse America, the group that admits to having practiced health terrorism – they even used the phrase – said this about neglect: 

“Whatever the causes of physical child neglect – and they are multiple – the heart of the problem is always an emotional lacking in the parents … The community and the caseworkers see parental behavior as the problem and they are, of course, right …

In 2023, here’s how BPC and Harris sum up the answers to one of their poll questions: 

While child abuse is largely seen as an outcome of parents who want to harm their child, there is more room for redemption and second chances for neglectful parents. 

Given this kind of framing, it’s amazing that, in another question, “parents lack of financial resources” makes it to #5 in the top five “contributors to child neglect.”  At no point are respondents asked if poverty is confused with neglect.  

The work still to be done 

After all those years of health terrorism, it’s remarkable that we’ve come so far.  But the poll still reveals how much work there is to be done.  Respondents believe the #1 contributor to neglect is “Parents who don’t want to care for their child” – almost exactly the message the health terrorists at PCAA were selling decades ago.  Number three, which will be music to the ears of the family policing establishment, is “Parents who are uninformed or uneducated about how to parent.”  

Majorities support family police investigation of almost anything bad that might happen to a child. But I’m betting all those respondents who said the family police should investigate “evidence of a child’s parent(s) abusing substances” weren’t thinking of the “cannamoms” of Massachusetts

Would they be so quick to call for investigation of any parent with substance use issues or mental health problems if they were told first that Betty Ford suffered from both

And would they be so quick to call for investigating any instance of domestic violence in the home if they knew that the threat of just such an investigation drives domestic violence victims away from seeking help and keeps them, and their children, trapped with the abuser? 

The only good news in this part of the poll is that a majority did not think homelessness was cause for a family police investigation. 

So if we really want to keep children safe, safe from abuse, safe from neglect, safe from needless investigation and safe from the enormous harm of needless foster care, we still have our work cut out for us – including fighting the misdirection from Rob Geen’s project at BPC and supporting the real bipartisan solutions coming from United Family Advocates

But I am heartened to see how far we have come.

Monday, August 22, 2022

The American Bar Association(!) just came damn close to calling for repeal of America’s three worst “child welfare” laws

 They even acknowledged their own role in “contributing to racism in the legal field” in general and “within the child welfare legal field in particular…” 

Offhand, I can’t think of an organization that says “establishment” more than the American Bar Association.  Oh, a committee or a task force may say something radical from time to time – but the entire House of Delegates? 

So take a look at ABA 2022 House of Delegates Resolution 606.  The topic is “anti-Black systemic racism within the child welfare system.” 

I’ve noted before that lots of “child welfare” establishment groups have been engaging in reputation laundering. They’ve rushed to slap “Black Lives Matter” statements on their websites and otherwise pretend to support real change – while supporting nothing that would reduce the family policing system’s power or acknowledge their own complicity in creating and supporting that system. 

The ABA resolution is different on both counts. 

At various points, the report gets specific about where to find the racism.  It singles out for criticism three odious laws, the Adoption and Safe Families Act, the Child Abuse Prevention and Treatment Act and the Multi-Ethnic Placement Act.  The resolution makes clear that the ABA views these laws as running afoul of the right to maintain one’s family. 

Then, a few pages later it says "policymakers must evaluate where laws run afoul of the right to maintain one's family and, where necessary, revise or repeal legislation with discriminatory impact." [Emphasis added.] 

And then there’s this the part, on page 2, where the ABA seems to be apologizing for its own role in supporting ASFA and for its “Termination Barriers” project.  That project taught lawyers how to persuade judges to rush to terminate children’s rights to their parents (a more accurate term than “termination of parental rights”). According to the resolution: 

the ABA also has a responsibility to recognize its own role contributing to racism in the legal field. … Within the child welfare legal field in particular, the ABA has also traditionally supported and helped design pieces of legislation that have disproportionately affected and caused harm to Black children, parents, and families.[10] 

And just to be sure everyone knows what they’re talking about, that [10] refers to a footnote which states: 

See e.g., Dorothy Roberts, Shattered Bonds: The Color of Child Welfare (2001), (Referencing the ABA’s project Termination Barriers and active support for provisions in the Adoption and Safe Families Act that facilitated parental and child termination of family rights). 

The report continues: 

Recognizing the discriminatory effect of these laws requires that the legal profession stand up and do something to change them. Even if those results arose from well-intended laws, no profession should turn a blind eye once the consequences are clear. 

So, now that the American Bar Association has done it, what about you Children’s Defense Fund?  Will you admit how wrong you were about ASFA and call for repeal, or at least support of Rep. Karen Bass’ bill to significantly revise it?  Are you ready to admit the failure of CAPTA and MEPA and act accordingly?  How about you “Social Current” – or whatever you call yourselves this week?  And you, Child Welfare League of America.  Are you finally ready to put the needs of children ahead of the financial security of your members?  And you, Prevent Child Abuse America. Are you really ready to renounce your long, ugly history of, in your own words,  “health terrorism” and support change that goes beyond prattling about “well-being”? 

The ABA itself still has some work to do.  Although what was once the termination barriers project is largely gone, it’s still active in Pennsylvania – though the name has been sanitized and, I’m sure they would argue the goals broadened a bit.  But they’re still pushing, for example, the horrific practice of “concurrent planning.” 

But still …  

In 2003, I debated Howard Davidson, the first director of the ABA Center on Children and the Law, before the National Center on Adoption Law and policy.  The topic was ASFA. 

In my closing statement, I cited two of the extremely rare occasions when child welfare establishment groups actually apologized: Australian governments for the Stolen Generations, and CWLA for its project to destroy Native American communities through transracial adoption, which they admitted was “both catastrophic and unforgivable.” I said that in doing so, Australia and America showed they had become better nations. 

I concluded this way: 

I am convinced that someday America will become a better nation still.  And from tomorrow’s perspective, we will see that what is happening now is  -- both catastrophic and unforgivable.  I don’t know who will say it or when it will be said.  But I know that someday someone will stand before its victims and their descendants – and seek forgiveness for ASFA. 

We’re not there yet.  But I never thought we’d get this close in my lifetime.