Sunday, December 23, 2007

Good news, except in some newsrooms

This Blog will be taking the holidays off. The post about Kansas, and how that state is compromising the integrity of an entire national database of foster care statistics will appear when the Blog resumes on January 2. (In the meantime, I’ve updated NCCPR’s Press Release on the issue).

But before pausing for the holidays, one note about a holiday tradition: the story about coping with holiday depression – you know, the story that talks about how suicides increase during the holiday season.

Except they don’t.

The Los Angeles Times reports on a review of 32 studies of the link between the holiday season and suicides. Here’s the link: Suicides go down, perhaps by as much as 40 percent.

What does this have to do with child welfare? Only this. Like so many “facts” and statistics that appear in stories about child abuse and foster care, the claim that the holiday season leads to more suicide was “too good to check.”

Sunday, December 16, 2007

What Dorothy learned and Kansas forgot

Correction: This post states that the Kansas child welfare agency licenses the state's foster homes and institutions. In fact, that is done by another state agency.

There is a land where a child can be interned in an institution for more than a week, cut off even from all communication with family for three days, and yet be an un-person to the bureaucrats who run the state child welfare agency. It is a place where holding a child in foster care for a week can be labeled a way to prevent foster care.

As I wrote last week, it isn’t Oz. It’s Kansas.

In fact, the system in Kansas sounds less like something that sprang from the pen of L. Frank Baum and more like a creation of Lewis Carroll, with an assist from Charles Dickens, Rod Serling and, especially, George Orwell.

The consequences for the state’s vulnerable children are deadly serious.

Like most states, Kansas requires that, when a child is torn from her or his parents based solely on the authority of the child welfare agency or law enforcement, there must be a court hearing within 72 hours, excluding weekends and holidays. But in the state’s largest county, Sedgwick, which includes Wichita, authorities somehow were interpreting 72 to mean 144 – in other words, six days. And since you can’t go six days without hitting a weekend, children really were being interned – mostly in an institution – for eight days before any court ever heard the case. And here’s where it gets a bit Dickensian: The institution in question, the Wichita Children’s Home, actually has a policy of barring all communication between a child and his family for the first three days. Even an accused criminal gets one phone call, innocent children in Sedgwick County do not.

When the legislature “clarified” the law and told Sedgwick County it had to start behaving like every other county, judges and the District Attorney’s office, which effectively represents the child welfare agency in these cases, threw a fit. Their reasons offer a rare x-ray of the soul of a child welfare system. It’s not pretty.

For starters, the Assistant District Attorney in charge of child abuse cases in the county, Ron Paschal, argued that children needed to be held in foster care for eight days in order to prevent foster care. No, really. You see, by holding the child for eight days, he said, workers had time to investigate the case and find an alternative to foster care – like sending the child home or placing the child, informally, with relatives.

There are just two problems with this:

● First, if 80 percent of the children can go home or to grandma’s house within eight days, odds are very few of them ever needed to be torn from everyone they know and love, hauled off to an institution and interned there for a week in the first place – an enormously traumatic experience, particularly for young children.

● Second, (although this one would seem to be obvious): you do not prevent foster care by placing a child in foster care. You prevent foster care by not placing a child in foster care.

Authorities in Sedgwick County explain away this one in a way Orwell surely would have appreciated: Those first eight days in an institution are not foster care, they say. They’re “protective custody”! So they don’t count! (If you find this hard to believe, that’s understandable. Check out NCCPR’s Kansas Report for full citations). And what makes it “protective custody”? Simple. A police officer engaged in the physical act of removing the child, so law enforcement, not the child welfare agency, supposedly has “custody.”

Both Sedgwick County and state officials cling to this rationalization even though it is the child welfare agency that often asks law enforcement to remove the child, the child welfare agency that licenses the places the children go, the child welfare agency that oversees the investigation, the child welfare agency that recommends what to do next and – perhaps most important – the child welfare agency that foots the bill. The child welfare agency reimburse the Wichita Children’s Home.

In fact, this kind of placement – ripping a child away from everyone she knows and loves, sometimes in the middle of the night, based solely on a caseworker’s judgment - is supposed to be limited to emergencies; situations where a child would suffer immediate harm if this were not done. The reason for that is obvious. If the threat of harm is not immediate, there is time to remove the threat instead of the children, or at least time to go to a judge.

So if there really is such an emergency, there should be no need for eight days to “investigate” whether the child needed to be taken at all. Instead of taking children this way only in genuine emergencies, the policy in Sedgwick County, Kansas boils down to take-the-child-first-ask-questions-later. So it’s no wonder that 80 percent of the children could go home or to a relative within a week.

And what kind of a case would warrant traumatizing a child this way. Let Ron Paschal, the deputy district attorney, tell you. Here’s what he told the Kansas Health Institute news service:

Let's say police come upon a two-year-old child at night, wandering the streets. They do some investigating and they find out the child had been left with a six-year-old. Now, maybe the children were unsupervised because mom was passed out drunk or maybe she's working two jobs, doing everything she can to make ends meet - she didn't have anybody she could leave the kids with.
If she's working, it may be that she needs (public) assistance or some parenting classes or some other form of support. Maybe the child can stay with an aunt or uncle or a grandparent while all this is being worked out? If they can, that child may not need to be in foster care.

In other words, the deputy district attorney in charge of child abuse cases in Sedgwick County, Kansas is justifying the internment of children for more than a week – and returning them afterwards not necessarily to their own homes, but sometimes to relatives – solely because of their mother’s poverty.

In fact, faced with this kind of case, a well-functioning child welfare agency would not remove a child from the home for even one minute. Rather, the caseworker would wait in the home until the mother got home from work. Then the agency would send a babysitter into the home. Or the agency could provide a one-time payment of “flex funds” to the mother to arrange for a sitter until after-hours day care could be arranged.

It is incomprehensible why, under these circumstance, Paschal would call first for institutionalizing a child for more than a week and then placing the child 24-hours-a-day with grandparents instead of simply asking those grandparents to baby-sit.

Not that holding a hearing in a timely manner would help much. According to the same news story:

When these investigations don't come together in three days, judges are expected to choose between the uncertainty of a sending a child home and the safety of foster care. "It's a no-brainer," [Juvenile Court Judge Jim] Burgess said. "You go with safety."

Leaving aside the fact that the story makes the classic mistake of assuming foster care is safe and all risk lies in returning the child home, the judge’s interpretation raises questions about whether it is consistent with state law. That law requires probable cause to support a belief there are certain specified grounds to keep the child in foster care. It does not say “hold onto the child while we figure out if there’s actually a problem.”

But then, Paschal himself says the 72-hour hearings are a sham – in all those other counties, that is. In that same news story:

Paschal said he doubted that other judicial districts' hearings are truly held within 72 hours of a child entering police custody. "A lot of times what happens is, yeah, they'll have a hearing and the judge will say [to the parents], 'You want a hearing? OK, here, let's schedule a hearing. When can you be here?'" he said.
"That's not really a hearing" Paschal said. "It's certainly not the way it is in Sedgwick County. When we have a hearing, the evidence is presented, there will be witnesses, and you will have the opportunity to cross-examine your accusers.”

How, exactly, this cross-examination can be effective when the parent’s court-appointed lawyer typically just met her minutes before the hearing, Paschal doesn’t say.

But then, it is almost as if Paschal realizes he may have gone a bit too far. If after all, 72-hour hearings are a sham, and if Sedgwick County must now hold its hearings in 72 hours, then…

So Paschal quickly clarifies matters. Referring to the fact that he believes Sedgwick hearings are not a sham, he says:

"That's the way it was when we had 144 hours and that's the way it is now," he said.

So now, Paschal is saying that all those other counties don’t provide a real hearing in 72 hours – but Sedgwick does. In that case, what’s the problem with holding the hearings in 72 hours? He explains:

"The only difference is the social worker doesn't have as much time to come up with an alternative" to foster care.

But, of course, the child already is in foster care.

It’s not just Sedgwick County that’s playing games. The State child welfare agency is using a similar dodge to grossly underreport the number of children taken from parents every year, undermining the integrity of the entire national data-gathering process. That story next week.

But you would think in Kansas they’d remember: For most children most of the time, there’s no place like home.

P.S. An ombudsman takes on the virtual lynch mob

On November 19, I wrote about how newspaper publishers help poison the climate for civil debate by giving hate-mongers a forum, and the ability to hide behind anonymity. Yesterday, the ombudsman for the Miami Herald weighed in on the topic in a very good column.

Monday, December 10, 2007

It's not Oz, it's Kansas

One of the great fictions of child welfare is the one in which child welfare agencies deny that they ever take children away at all. “We don’t do that,” they piously proclaim, only a judge can order a child removed from the home.”

Since this Blog generally adheres to the style rules of a family newspaper, we can only call this nonsense.

In every state, child protective services caseworkers have the power to remove a child from any home they want at any time they want, if not at the snap of the fingers, then at least at the push of a “speed dial” button to call the police to do it for them. They don’t have to give notice to the family, they don’t have to go to court for a hearing – they don’t even have to call the judge on the phone.

Precisely because this is such a drastic action, with no real due process, it’s supposed to occur only in an emergency – a situation where a child is in immediate danger. The reason for this should be obvious: If the danger isn’t immediate, there is time to remove the danger instead of the child or at least to hear all sides first. That’s the theory. In fact, an emergency is anything the caseworker thinks it is, and emergency removal power routinely is abused.

Precisely because this is such a drastic action, most states require a court hearing within 24, 48 or 72 hours (usually excluding weekends or holidays). Even the American Bar Association’s Center on Children and the Law, which has never been a big booster of family preservation, says it is best practice to allow no more than 72 hours to pass before the hearing.

Sadly, the hearings don’t do much good. On one side is a child welfare agency and/or its legal representative which has had 24 to 72 hours to prepare a case. On the other side is almost always an overwhelmed, impoverished birth parent who, if she has a lawyer at all, met him in the hallway five minutes before the hearing.

Presiding is a judge who knows that he can approve hundreds of needless removals and, while the children may suffer terribly, his career is safe. But return one child home and have something go wrong and that career may well be over.

So it’s no wonder that, at these hearings, judges are far more prone to wield rubber stamps than gavels.

But all that is an argument for making the hearings meaningful, not putting them off for even longer.

All of which brings us to Kansas, and, in particular, Sedgwick County, which includes Wichita. NCCPR released a report on Kansas child welfare last week. Kansas is one of the states that has a rule requiring that first hearing to be held within 72 hours. But Sedgwick County judges, and the county district attorney’s office, which essentially represents the state child welfare agency in these cases, somehow were “interpreting” 72 hours to mean 144 hours – six days. Since you can’t go six days without hitting a weekend, that really means that in Sedgwick County, caseworkers had a free shot at any child I the county with no hearing of any kind for eight days.

And most of these children were not even placed with a family. Instead they were placed – interned is really a better word – at what amounts to the local orphanage, the Wichita Children’s Home. To add an extra dollop of cruelty, while a common criminal gets “one phone call” children interned at WCH do not. The children are cut off from any and all contact with their families for the first 72 hours.

In 2006, the Kansas Legislature clarified state law, to make clear that Sedgwick County has to do what every other county manages to do – hold that first hearing within 72 hours.

The judges and the D.A.’s office threw a fit - they’re trying to get the legislature to give them back the additional days. But it was an enormously revealing fit.

By the time they were done making their case:

--A judge admitted rubber-stamping removals even when the child welfare agency hadn’t really made a case.

--The Deputy D.A. in charge of child abuse investigations effectively endorsed taking away children solely because of poverty.

--The Deputy D.A. admitted that the 72-hour hearings are a sham – except in Sedgwick County.

--And most remarkable of all: The Deputy D.A. estimated that of all the children taken from their parents without a hearing in 2006, 80 percent of them were returned home or placed informally with a relative before that first court hearing.

But, of course, if 80 percent of the children you take away can be returned home or placed informally within a week, odds are most of them never needed to be placed in the first place.

Of course, as far as the child welfare agency in Kansas is concerned – they weren’t. In Kansas, all children placed in foster care but sent home before the first court hearing are what George Orwell called “unpersons.” When it comes to the state’s official statistics, they don’t exist. The children also don’t exist in reports every state is required to submit to the federal government. Kansas either is violating federal regulations concerning reporting entries into foster care, or has come up with a clever, albeit reprehensible, scheme to evade those regulations. NCCPR has asked the federal Administration for Children and Families to determine which it is.

More on all of this next week.

Sunday, December 2, 2007

How "Dr. Sooze" distorts the nooze

Last week, I wrote about the harm done by child welfare “ombudsmen” or state Offices of Child Advocate. Because they are almost always created in the wake of deaths of children “known to the system” their primary mandate almost always is to focus on such cases. That inherently distorts the perspective of the office, leaving the impression that systems err in only one direction, leaving children in dangerous homes. The problem is compounded by the fact that the people named to head these offices often come to the job with exactly that preconceived notion.

Last week’s blog focused on one of the two exceptions: Kevin Ryan, New Jersey’s first Child Advocate. It talked about how his tough-minded reports focused on errors in all directions, and how that helped improve one of the nation’s most troubled child welfare agencies.

The New Jersey system was never very good, and a few years ago, under dreadful leadership dominated by a take-the-child-and-run mentality, it hit rock bottom. The number of children taken from their parents started to soar in 2001, engulfing workers and collapsing the system. That became all too apparent when the death of Faheem Williams was discovered in January, 2003. News coverage of that case set off a foster-care panic, making everything worse.

A class-action lawsuit settlement, and the naming of Ryan to run the child welfare agency, brought the first steps in the right direction – reduced entries into care and concrete evidence of improvements in child safety. The improvements were attested to in a report by the independent court-appointed monitor overseeing the settlement.

But those findings soon were overshadowed by the work of “Dr. Sooze.”

That’s how Dr. Susan Hodgson likes to be known. When Ryan went from watchdog over the child welfare system to top dog within that system, Hodgson was named the new “Child Advocate.”

Dr. Sooze is a pediatrician specializing in child abuse cases. In other words, she’s spent much of her life in settings where one sees the very worst cases, cases which bear no resemblance to a typical CPS worker’s load. It’s a background that easily can distort one’s impression of who gets caught up in the system and why, and that helps explain what happened next.

Dr. Sooze promptly abandoned the innovative approach of her predecessor. It was back to spewing out conventional reports filled with conventional wisdom about deaths of children “known to the system” – and nothing else.

And then she did something worse. She broke the previous record for an agency making vast generalizations based on minuscule, unrepresentative samples. The previous record-holder, New York City’s Department of Investigation, trashed the City child welfare agency based on the eleven worst cases it could find over a period of about six months. (See the August 13 entry on this Blog).

New Jersey OCA goes New York DOI one worse. It draws sweeping conclusions about the work of thousands of dedicated people in New Jersey’s child welfare agency based on the absurd notion that a grand total of three horror story cases, one of which dates back to 2004, can possibly tell us anything about the overall status of casework in 2007. The link to this report on the OCA website describes it as a report on “Global Issues.” The press release calls the issues “systemic.” But the report offers not a shred of evidence that the issues are either.

At least, unlike New York City’s DOI, OCA acknowledges on the first page that “from this review, it is impossible to know how widespread the errors are that were present in these cases…” but the report then goes on to generalize anyway.

And it’s the generalizations that are the problem.

On the one hand, the tone of the report is commendably measured and the specific recommendations largely meet the Hitchhikers Guide to the Galaxy test: They’re mostly harmless. A few even are good.

But the biggest problem in this report is the problem that is inherent in how OCA, and its counterparts around the country, are structured. They are geared to examine fatalities and near fatalities. Inevitably, they leave the false impression that the child welfare agency errs in only one direction: leaving children in dangerous homes.

That impression is heightened when Dr. Sooze goes on to make broad, sweeping generalizations based on the three worst failures she can find. The distorted impression that leaves concerning where things stand in New Jersey child welfare, and what’s wrong with it, promptly overshadowed a far more objective, more nuanced – but still highly-critical – report from the court monitor.

Imagine what would happen were any of us judged the way Dr. Sooze judged the child welfare agency. Even the best doctors make mistakes. But what if a doctor’s entire career were judged solely by the three cases in which his or her diagnoses were farthest from the mark. Imagine if any of us walked into one of those annual “performance review” rituals only to be told that we would be judged only by our three worst screw-ups over the past 12 months.

Or to put it more cosmically, for those who believe in such things, suppose when its time to go to our eternal reward, we are judged solely on the basis of the three worst things we ever did in our entire lives. Were that to happen, I suspect most of us would be doomed to spend eternity trapped on one of the more odorous sections of the New Jersey Turnpike.

The issue here is not that Dr. Sooze’s methodology is unfair to the child welfare agency. Rather, it’s unfair to New Jersey’s children. The wrong methodology leads to the wrong diagnosis, and, as every doctor knows, if you get the diagnosis wrong, the patient is far less likely to recover. The New Jersey child welfare system is still in critical condition. To switch metaphors, the monitor’s report offered a road map for further reform, Dr. Sooze offered only a detour.

The detour is especially dangerous in light of one of the three cases that made up the so-called Global Issues report. In this case, the most critical of many tragic errors took place all the way back in 2004; when the system still was laboring under the foster-care panic set off by the death of Faheem Williams. If anything, this case was still one more illustration of how foster-care panics endanger children. But instead of pointing this out, the Global Issues report only increases the likelihood of another panic.

The only way to know the status of typical casework is either to be in a position like that of the court monitor, able to use a wide variety of means to see how the system typically operates, or to review a random sample of cases, using reviewers who either are objective or who are drawn from organizations with differing perspectives that balance each other. That’s exactly what Kevin Ryan did when he was child advocate, producing the Families Under Supervision report described in last week’s blog.

One look at the website of the current New Jersey Child Advocate suggests we’re not going to see anything better anytime soon.

One can see what has gone wrong at the New Jersey Office of Child Advocate just by looking at the agency’s website. Anyone who has seen the website evolve since “Dr. Sooze” took over will notice one thing immediately. The site, which used to be crisp and professional, is now cutesy and cloying. But that’s not the problem.

The problem is summed up by the following item that appeared in October under the heading “Dr. Sooze says:”

“Eating healthy will keep kids awake and aware throughout the school day. All children should be sure to start the day with a healthy breakfast and eat only snacks that help them grow up strong throughout the day.”

Now I just want to go on the record: I, too, favor children eating a good breakfast and healthy snacks. But so do 99 percent of New Jersey parents. They don’t need a smug reminder of the obvious. When it comes to the parents who are likely to be the subject of child welfare agency attention, what they need is help in getting the food.

I’ll bet almost every child taken into foster care was eligible for school lunch and school breakfast programs – precisely because those parents couldn’t afford to give them that “healthy breakfast.” So wouldn’t it be a lot more helpful if “Dr. Sooze” provided links to food pantry locations and to places where these parents could get help obtaining foodstamps? But no. There was only a link to another website full of things like “Halloween Candy Hints” and similar information.

It’s the difference between a mindset that emphasizes a helping hand and one that emphasizes a wagging finger, and a mindset that has some concept of what it means to be poor, and one that doesn't.

Sunday, November 25, 2007

Why the typical child welfare "ombudsman" does so much harm

After the death of a child “known to the system” makes headlines, there often is a demand for greater “accountability” on the part of the child welfare agency. This could be achieved, of course, by subjecting child welfare agencies to the same public scrutiny as most other state and local government agencies. 

Legislatures could open the court hearings and make most child welfare agency records public. But then people would see the extent to which errors go in all directions; they’d see how the same agencies that leave some children in dangerous homes wrongfully remove many more. The “foster care-industrial complex” in any given state, that network of providers paid for every day they hold children in foster care and their allies in the advocacy community, would just as soon you not see that. They pressure legislators to keep everything hidden from the general public. 

Instead, legislators sometimes jerk their knees by creating a new state agency to look over the shoulder of the existing state agency. They create a child welfare “ombudsman” or “Office of Child Advocate.” Typically they can investigate pretty much whatever they want – but must look into deaths of children “known to the system.” To guarantee independence, often the Ombudsman/Child Advocate is appointed to a fixed term and can’t be removed by the Governor. 

The circumstances of these offices births tend to dictate what happens next. The person named to fill the job almost always means well; she or he is typically sincere in believing that the efforts of the office are helping children. But the typical Ombudsman/Child Advocate generally has a “take-the-child-and-run” mentality, and the mandate of the office means he or she will generally be looking at errors in only one direction – leaving children in dangerous homes. 

Their tough talk, often bordering on swagger, their tendency to reinforce conventional wisdom, and the fact that they are often the only source of information make them media darlings. Often they become what I’ve come to call the Godsource – that one source about all child welfare issues whose words are treated as Holy Writ and whose claims are never questioned. And they can do enormous harm.

In Michigan, during the mid-1990s, the state’s child welfare “ombudsman“ played a crucial role in undermining reforms that had made the state a national leader in child welfare; today the state wallows in typical mediocrity. Washington State’s ombudsman got it into her head that the biggest problem in child welfare was the fact that the state’s incredibly broad “neglect” statute wasn’t making it easy enough to take away children. 

The quintessential state “Child Advocate” was the first one named to the job in Georgia. She was caring, passionate, dedicated – and flat wrong. Her efforts helped encourage a foster-care panic that swept through the state in the early part of the decade, and she worked tirelessly to undercut subsequent reform efforts. NCCPR’s report on Georgia child welfare is devoted to the unintended consequences of her good intentions. After waiting for six months after her term as Child Advocate ended, the Governor replaced her. 

 With only two exceptions I know of, OCAs have been still another thumb tiling the scales of justice against families. One of those exceptions was a child advocate’s office created within the office of New York City’s first Public Advocate, Mark Green. That office took up the cause of children needlessly taken away by the city’s child welfare agency and issued outstanding reports on things like the lack of adequate defense counsel for families. But Green’s successor, Betsy Gotbaum, let the office wither away – and even took the reports off the Public Advocate’s website. Then, a reporter for The New York Times decided the best way to undermine reform in the city was to make deaths of children “known to the system” news again, even creating the myth of a “series” of child abuse deaths where no such series existed. (“It was a series,” she would say later, “but not statistically.”) Gotbaum knew a p.r. opportunity when she saw one. She began churning out press releases demanding creation of a child welfare ombudsman’s office. Apparently, she was betting on mass amnesia among the city’s journalists; it was a good bet, none has pointed out that such an ombudsman once was employed by her own office.

The other exceptional OCA was the one created in New Jersey after the death of Faheem Williams. It was probably the nation’s most powerful and best staffed. But most important, the first person to hold the title of New Jersey Child Advocate, Kevin Ryan, was determined to avoid the pitfalls of other such agencies. Ryan had been a top aide to the governor who appointed him. 

But if anyone thought Ryan would go easy on his former boss, they soon were proven wrong. One after the other, the reports came pouring out of the new office, blasting the child welfare agency for getting almost everything wrong. It probably would be hard to find a news story about the New Jersey Office of Child Advocate in which the word “report” wasn’t preceded by the word “scathing.” Ryan’s reports are widely considered one of the things that forced both the head of the state human services agency and the head of its child welfare division out of their jobs. 

But Ryan’s reports weren’t just tough. They also were smart. Because from the beginning, Kevin Ryan understood that the errors go both ways. Consider the report he issued on the death of Samuel Allen, a five-year-old suffering from autism. The state child welfare agency had investigated the mother, Alicia Day, before. Caseworkers found a struggling single mother working a night shift and, like thousands of others, cobbling together makeshift childcare arrangements. The agency did nothing to help. The New Jersey OCA investigation found some of the same failings commonly found in such reports all over the country, such as failure to interview other children in the household or others who knew the family. But the report also said this: 

The most profound failure here was systemic. The child care, early intervention and homemaker assistance services that this single mother may have needed as she tried to raise four children, including a child with autism, on her own, while working an overnight shift to generate income for the family, simply do not exist in New Jersey to meet the need. The child welfare reform plan’s commitments to make significant investments in prevention initiatives can lead to genuine child welfare reform if they are targeted to strengthen families like Alicia Day’s, based on an assessment community-by-community of the risk factors that place children and families at risk. 

The following year, Ryan became the first government official we know of to address an issue we have come to call “fatal neatness.” There is no field we know of where the phrase “cleanliness is next to Godliness” is taken more literally than child welfare – and no field we know where the consequences can be more harmful. 

Over and over again, in fatality reviews and news stories, caseworkers say something like “we never suspected anything because the home was so neat and clean” as though there was some direct correlation between cleanliness and love. In contrast, children can be taken from loving homes because an overwhelmed parent fell way, way behind on the house cleaning. So in his report reviewing child abuse fatalities in 2005, Ryan issued the following recommendation: 

In two cases here, and as also evidenced in the OCA’s prior reports, the caseworkers noted in the file that the home was neat and clean. Until someone demonstrates a correlation between cleanliness and child safety, [the state child welfare agency] should instruct employees that this factor is, at best, hardly relevant unless the filth is severe enough to cause a real and immediate risk to the child. This both will reduce needless removals from dirty homes, and encourage workers not to write off the potential for risk in homes that happen to be spotless. 

But no matter how many such statements appear in reports about fatalities, the very fact that deaths of children “known-to-the-system” may be the only subject investigated can leave the impression that the system errs in only one direction. So at NCCPR’s suggestion, Ryan initiated an audit of “Families Under Supervision” in their own homes, including some who subsequently were placed in foster care. The audit examined the quality of the services to families and whether placement was necessary. It included a casereading of a random sample of case files. The result was a comprehensive examination of cases where the state was right to place children in foster care, and where it was wrong, including this case history:

In February 2004, DYFS determined that two-year-old Tavon was physically abused by his babysitter. During the course of the DYFS investigation, Tavon and his three-year-old brother, Xavier, could not remain with their mother, Katrina, because she was homeless.
Katrina signed the 15-day consent to placement and the children were placed in relative care. Katrina assumed that the placement would be temporary while DYFS helped her to locate permanent housing. However, after the 15-day consent expired, she was asked to sign a six-month consent because she remained homeless. The children remained with their maternal aunt until June 2004 when she informed DYFS that she could no longer provide care for the children.
Tavon and Xavier were placed in a foster home for 1 month and then into separate relative care placements. Meanwhile, Katrina secured employment, attended parenting skills classes and searched for housing. By December 2004, she had secured housing in a boarding home, but she was informed by her landlord that no children were permitted.
When the six-month consent expired, DYFS went to court and was granted custody, care, and supervision of Xavier and Tavon, based solely on Katrina’s inability to secure adequate housing for them despite her efforts and requests for assistance through DYFS and welfare. Time and again, Katrina asked her case manager for assistance but only a bus pass, a list of 8 agencies to contact and a form letter to present to each was provided. As this was the extent of the assistance she was provided, Katrina made no progress towards securing appropriate accommodations.
Katrina’s frustration with DYFS began to grow as the months passed and her children were moved from the maternal aunt’s home to a foster home and then to separate relative placements, in two different cities. Not only was Katrina becoming overwhelmed by her situation and her need to locate suitable housing, but DYFS then began referring her to services that required less urgency, like parenting skills classes.
Soon, the bus pass that DYFS provided to assist her getting to work, housing agencies, parenting classes, and visits with her sons expired. After the children were in placement for over a year, Katrina began to visit them less and less, and the sibling visits also became less frequent. In June 2005, Xavier’s caregiver reported that he had begun to wet his bed and she would like counseling for him. Katrina still did not have housing, which remains her only barrier to reunification. 

But it wouldn’t last. In proof of the adage, “no good deed goes unpunished,” a new Governor named Ryan to run the state child welfare agency. (He spent Thanksgiving with a family he’d personally intervened to reunite after their poverty had been confused with neglect.) But at OCA, the Governor replaced Ryan with a typical type, who’s doing typical harm. 

Next week: How “Dr. Sooze” distorts the nooze.

Sunday, November 18, 2007

Standing up to the virtual lynch mob

The Washington Post had an article last week headlined “With Cruelty and Malice for All” lamenting the astounding viciousness that characterizes many of the things people say when they can post comments online anonymously.

“I don’t know what it is about this particular moment in human history which lends itself to the sanction of miscellaneous and casual cruelty,” John Perry Barlow, vice chairman of the Electronic Frontier Foundation, told The Washington Post.

In fact, there are plenty of candidates to blame for this. For starters, right-wing hate radio, various cable talk show hosts and the corporations who find that the venom those talk show hosts spew enhances their own bottom line. But one contributor to the undermining of civil discourse has gone largely unnoticed. Certainly it went unmentioned in the Post story: America’s newspapers. I don’t mean fringe elements of the press, either. I mean big respectable mainstream dailies – like The Washington Post. All it took was a sense that there was money to be made with one technological “advance”: Adding a section where people can comment on items published in the paper’s print edition.

It’s not the addition of comment sections per se that causes the problem, of course. Newspapers have had letters to the editor pages for decades, and they have added a great deal to public discourse. But that’s because of two key features: First, an editor reads and screens letters before they are published. Second, with rare exceptions, the writer has to sign her or his name to the work, and the name is published.

Internet comment sections typically have neither safeguard. The result is an outpouring of vile sentiment that can’t help but poison the well of public debate. I don’t think people have gotten any nastier; I just think America’s newspaper publishers have given the extreme haters a forum.

The fact that the people who post on these sites are not necessarily a representative cross-section of America doesn’t change the fact that offering a place for haters to gather and spread the venom harms us all. (And before anybody whines about censorship, I’m suggesting no more than that anyone who posts to a newspaper comment section be required to sign his or her name and city, something that can be verified when people “register” to post comments. An alternative is to have moderators for the sites. The New York Times does this. As far as I know, every other newspaper in America is too stingy to pay anyone for that task.

Since anyone can see this for him or herself, I’m not going to contribute to the hate by offering examples. But particularly striking is the racism. America’s newspapers have created something new: the virtual lynch mob where the vilest among us can use their anonymity the way a Klansman uses a sheet.

What brings all this to mind is an unusual contribution to the op ed page of a newspaper in Florida, the Vero Beach Press Journal last month.

Regina Watts, an impoverished Black single mother wrote about her struggles with the Florida Department of children and Families. She was honest about her own mistakes, and wrote about all she’d done to overcome them – only to be thwarted by the hoops DCF makes her jump through. The lynch mob formed quickly. Readers gleefully summarized the writer’s mistakes and ignored everything else. At first.

Then came something surprising. Other readers came to this mother’s defense. First came “stevensna” who wrote:

“She admits that she has made not one mistake but several. But her children should not be held accountable for her lack of family support, and agency support. Once you reach bottom it is hard to pull yourself out and up if there is no one reaching down to her and help pull her out she doesn't know how to find the steps and directions to go.

“DCF tells you they will help you and promises the world of support and services but they give you no tools to work with there is little success from just words. It takes action, plans and steps to follow. She needs someone in her community, church, or a women shelter since she has been abused to give her direction to regain her children and help her build her self-esteem.

“There are a lot of Regina Watts in this world, but what have you done to help change the outcomes for all the Regina Watts.”


Then came “MissMara:”

“I understand what she is going through, because it really is hard being a single parent. She is not asking for help. I do feel like we should help her before we criticize her!”

Then “itmaiden:”

“…even if her background was pristine and she had more funds, the scenario with DCF would be the same. Families do not deserve to be torn apart just because a parent is low income, or without transportation. The cost of living in Florida is high, the wages are low, and DCF makes "jumping through the hoops" to get your kids back as difficult and as impossible as they can. This woman has been through a lot of stress. Why lay more on her ? She is trying to educate herself and provide better opportunities for herself and her children. … Send her a card, some encouragement. God's second commandment is that we Love each other.”

And then this, from “sunbird”

“Regina, bless you pay no attention to those who criticize without lending a hand. I, too, had my first child at the age of 15. I graduated from college with a degree in Engl Ed. and a smug attitude. I hated welfare moms so much, I became a Republican (Happiest time in my life being ignorant of world affairs). 16 years later, after moving to Florida, I became a single mom all over again. Yes, I repeated my mistake! No longer ignorant of the world, and experiencing my own struggles, I learned not to judge others. With one son in college and a very difficult toddler, I struggled without any taxpayer help. Then came the DCF caseworker to ‘help’ me. The child care she arranged kicked my son out, and the other help was denied because my 20,000-something income was too much. So the caseworker visited again and told me to clean my house -- the house I mortgaged with MY income -- or my son would go in foster care. I put a hitch on my car and moved back to Illinois instead where I work, perhaps ironically, as a public high school teacher.

“To all: Before you lecture anybody about poor choices, consider the options that were presented to them. And telling the mother of a disabled child to get a job is shameful. How many employers will allow her to take off for doctor's appointments? (Mine will, thanks to a strong Il. union). And shouldn’t our taxes pay to support those children with the parent they love and not some paid foster family? Regina, you are in our prayers.”


So for offering a momentary respite from the nonstop hate unleashed by America’s stingy newspaper publishers, thank you “stevensna,” and “MissMara” and “itmaiden” and “subird” – whoever you are.

Sunday, November 4, 2007

When child welfare systems go to pot

California has legalized the use of medical marijuana. One can obtain it with a prescription. But they don’t stock it at the local CVS. So co-ops have sprung up across the state. But while the state says it’s legal, the federal government says it’s not. So the Drug Enforcement Administration has been raiding the co-ops.

But they don’t stop with arresting the adults who run the stores and confiscating the marijuana. They make sure to phone the local child protective services agency to try to get them to confiscate the children.

In Riverside County, east of Los Angeles, Ronnie Naulls was prescribed marijuana for chronic pain resulting from an auto accident in 2001. He opened a co-op so he and other patients would not have to drive long distances to obtain medical marijuana.

Naulls had always understood he could be raided, he understood his home might be trashed, he even understood he might face jail. But, he told the Riverside Press-Enterprise, he never thought child protective services would take his children, ages 1, 3 and 5. "If I would have known my kids would be taken away, I never would have done this. I never thought this would happen."

Naulls’ lawyer, James Anthony, didn’t see it coming either. "I warn all my dispensary clients that the federal government will try to capture and imprison you, but it hadn't occurred to me that the government will also kidnap your children," Anthony told the online newsletter Drug War Chronicle. "It's just unbelievable, barbaric."

(Even Mr. Anthony doesn’t quite get it, however. Among the reasons he says CPS was out of line is because the Naulls family lives in “a nice middle-class home.” So if Mr. Naulls also were poor and the home was messy this would be o.k.?)

The children were trapped in foster care for five weeks. The first time the oldest child, the five-year-old, was allowed to speak to her father by phone she said: "Daddy, we're ready to come home now, we promise to be good."

Of course, just because DEA calls a child protective services agency doesn’t mean the agency has to be idiotic enough to traumatize innocent children in order to aid and abet the feds’ war on medical marijuana. But Mr. Naulls had the misfortune to live in Riverside County. As NCCPR’s California Rate of Removal Index shows, of all California’s larger counties none is more enamored of a take-the-child-and-run approach than Riverside. A high-profile death of a child “known to the system” almost certainly has made the county’s record even worse.

But even as caseworkers stage protests over unmanageable loads, somehow, Riverside County CPS found time to harass the Naulls family and traumatize the children. One can only wonder how much real maltreatment they missed while they were doing so.

And Riverside is not alone in this practice. One group advocating for medical marijuana patients told Drug War Chronicle they’ve gotten 30 or 40 calls about similar cases in the past couple of years “and those are just the people who call us.”

Given everything we know about how much harm needless foster care can do to children, one can only contemplate the actions of Riverside County CPS and wonder: What are these people smoking?