By: Matthew Fraidin
Professor, University of the District of Columbia, David A. Clarke School of Law (12/30/2011 05:37 pm ET
|
Updated
Feb 29, 2012)
Huffington Post: http://www.huffingtonpost.com/matthew-fraidin/changing-the-narrative-of_b_1177000.html
The nuclear
secret of child welfare is that most of the children in foster care
should not be there.
Most children in foster care are harmed more than
they are helped by being taken from their families, and by being kept in
foster care for too long. Children in foster care are torn from their
schools, separated from their siblings, over-prescribed psychotropic
drugs, and housed in dangerous group homes rife with abuse — and it all
happens behind the iron curtain of secret court proceedings.
Things haven’t
improved since 1991, when the National Commission on Children wrote
“If
the nation had deliberately designed a system that would frustrate the
professionals who staff it, anger the public who finance it, and abandon
the children who depend on it, it could not have done a better job than
the present child-welfare system.”
What’s going on here? We’re reminded almost any time a politician
gets up a head of steam — about Social Security, the budget deficit,
crime, even foreign policy — that there is no lack of ardor for
children’s issues. Everyone is in favor of children.
But our good
intentions are rechanneled destructively by a grand narrative that is
equal parts pernicious, inaccurate, and pervasive. A false storyline
suffuses child welfare in the press, public discourse, and even among
the lawyers, social workers and judges responsible for children in the
system. That narrative is one of brutal, deviant, monstrous parents, and
children who are fruit that doesn’t fall far from the tree. We can’t
escape it, but it just ain’t true.
To give you an
idea of the relentlessness of the messages drummed into our heads, more
than 90 percent of news stories about children are about violence by and
against children.
One researcher found that 70 to 95% of stories about
child welfare are “horror stories,” about gruesome, brutal injuries
inflicted on children by unfathomably beastly parents.
As a result,
when we think of children and foster care, we imagine brutality,
savagery, deviance, and abuse. We think of horrible, heinous misdeeds
perpetrated by monstrous felons. We think of murders that scream from
the headlines, and the vile tragedy of family sexual abuse perpetrated
against children ruined for life. These are, to use Edgar Cahn’s
phrase, “throwaway people.”
There is
another story, however. In fact, more than 70% of the children in foster
care are there because of allegations that they were neglected, not
abused.
- And neglect — lack of food, clothing, shelter, supervision, or
other necessities of life — is poverty by another name: more than one-third of children in foster care, for example, could be living with their parents if only their parents had better housing.
Harmful, unnecessary foster care placements are epidemic in D.C. and throughout the nation.
- The National Conference of State Legislatures recently found, “[m]any children who are in foster care do not need to be there.”
- Locally, then-incoming Mayor Gray’s human services transition team
warned of the harms caused by the D.C. Child and Family Services
Agency’s “expensive and harmful current practice of unnecessarily
removing children from their birth families.”
- A report issued by the
federally-mandated D.C. Citizens Review Panel indicates that hundreds of
children annually are taken from their families unlawfully. And in 60%
of my students’ cases at the University of the District of Columbia,
the children were returned home from foster homes or group homes — and
were never found to be abused or neglected. These are kids who were
taken from their homes for a few days, or a few weeks, or three months —
but it turned out they weren’t abused or neglected, so they were
returned.
One of the
children in our cases was Kevin. Kevin was only seven months old at the
time he was separated from his mother. He was born HIV-positive. The
state took custody of Kevin because test results showed that his viral
load was elevated. According to the agency, the doctor who treated Kevin
said that the enormous elevation could only have been due to
maladministration of the medication by Kevin’s mother. The problem was
that the test results were a month old, and Kevin’s viral load actually
was normal on the day he was taken. The other problem is that the doctor
later signed a sworn affidavit stating she had never said that there
could have been only one cause for the spike in Kevin’s viral load.
Kevin was returned to his mother’s custody.
And James, who was taken from both his mother and his father — who did
not live together — because his uncle came to school and beat him up for
stealing a video game. The uncle didn’t live with either parent or the
child! James lived with strangers in foster care for a month and a half.
And finally,
Isaac, who was apart from his mother for three months. The government
alleged that Isaac’s grandfather had beaten him across the legs and that
Isaac’s mother knew about it and failed to stop it. The government also
alleged that Isaac was “educationally neglected” because he had missed
seven days of school in the first two months of the term. Three months
later, at trial, it turned out that the government couldn’t even prove
that Isaac had been hit, let alone by his grandfather. And the
educational neglect? One of the days they said Isaac was absent was the
day the social worker went to the school and took Isaac to foster care!
The judge sent Isaac back home after three months.
We have a
foster care system full of children who should be at home.
Children and
youth in foster care experience multiple moves from home to home and
high levels of abuse in foster homes and group homes. Former foster
youth have sky-high rates of homelessness, unemployment, poverty, arrest
and incarceration, teen pregnancy, dating violence victimization, and
low educational achievement.
- How can we be part of the solution? How can we disrupt the status quo? How can we fight the narrative?
We need to challenge the tired, dangerous narrative. We need to tell new stories.
The low-income
people who comprise virtually 100% of child welfare-involved families?
Suspend disbelief for a moment, and convince yourself they’re rich. The
crummy neighborhoods the children come from and the communities
breaking down all around us? Think of those as strong and healthful,
instead of shabby and pathologized.
Here’s how.
Imagining a
challenge to our approach to legal services provides a roadmap.
Anti-poverty programs in general, and legal service providers in
particular, see clients as the sum of their needs. Clients and litigants
come to us with their problem. Indeed they only get our attention
because they have a problem. And the first thing we ask is “What is your
problem? What do you need? How can I help you?” And we try to solve the
problem. We fill the hole, apply a band-aid, put a finger in the dike,
whatever. You’ve heard the metaphors.
Here is a
different model. Instead of merely asking: “What is your problem? What
is the disease, the defect that brought this mother and child into my
life,” we can ask a different question. Not what is she lacking, but
what does she have? Not only “what can I do?” but we can also ask her,
“What can you do?” What are her abilities, her strengths, her assets?
How can we re-envision her as rich, powerful, and capable?
Well, can the
mother whose child is taken away braid hair? Can she cook a meal? Can
she smile at an elderly person in a nursing home? And let’s think about
that person in the nursing home. Can she watch a child recite a poem and
clap for the child? Can she read a story? Can she share her own story
about life “in the old days”? Does she know by heart, perhaps, a recipe
for the best fried turkey you’ve ever eaten?
We can see with
different eyes, and look for successes. Did the child’s mother pull her
neighbor’s weeds last week? Or change a light bulb? Or pick up litter?
These are things she did, not things she didn’t.
Can she shop
for groceries? Can she throw a party, or drive a neighbor to the doctor?
Can she paint a room or clean a house or walk a dog?
The answers will be yes, yes, and yes.
In Chicago, eighth-graders in special education tutor first-graders in math. In Washington, D.C., returned prisoners provide children safe passage to school.
In Washington, D.C., our Youth Court
is run by kids we might call juvenile delinquents. Youth Court gives us
a chance to call them judges and jurors. It is a diversion program, in
which the very youth who come through the court as defendants sit as
jurors, reviewing infractions of other youth. They hear facts,
deliberate, and impose sentences of community service, restitution,
counseling, or an apology.
So it turns out that delinquent youth also are judges!
Our clients can
do the things professionals do. Research is clear, for example, that
women in violent relationships are the very best judges of their own
safety, better than police, lawyers, case workers, or even judges. In
Washington, D.C., when our highest court ruled that there was no
statutory right to custody for non-parents, low-income grandmothers
descended on the city Council, submitting statements and testifying
about the necessity that the law be amended. And it was. In Washington,
D.C., a homeless homeless advocate led a campaign to restore funding for
homeless services.
So our low-income clients have power. Si se puede. Yes we can!
Now, if the
mother is a person with assets, wealth, power, and strength, we see her
differently. We learn from her, we admire her, we grow from knowing
her.
It turns out we
don’t have all of the answers. We don’t have a preordained stereotype
into which we can fit her any more. She has busted through the
narrative. We have to take her for who she is, the real person, the
complicated three-dimensional, real person. She isn’t a stick figure —
the deviant, monstrous black hole of problems, needs, and pathologies.
Her strengths and powers and abilities unlock ours. If she can do, so can we.
And what we can
do together is change the conversation about child welfare. Remember
the Citizens Review Panel report I mentioned? The Panel echoed Mayor
Gray’s own transition report, finding that excessive foster care
placements are widespread and systematic. But the Gray Administration
circled the wagons, insisting that the distinguished panel had it all
wrong and that CFSA, despite the chorus of detractors and 20+ years of
federal-court oversight, is just plain humming along. It’s high time
for District of Columbia voters to push back against that kind of
stonewalling. It’s time for D.C. residents to insist that the Council
pull back the curtain of secrecy shielding the adults who disrupt
children’s lives.
In child
welfare, we can make a difference by preventing children from entering
foster care unnecessarily. And we can end children’s stays in foster
care as quickly as possible. We can achieve our goals of limiting
entries to foster care and speeding exits from it by looking for the
strengths of the people involved in our cases, rather than their
weaknesses. We can look for what they can do, rather than what they
can’t. We can focus on their abilities, not the shortcomings over which
we often obsess — like drug addiction, disability, illiteracy, poverty.
We can start from a premise that families involved with child welfare
are bundles of assets, rather than collections of problems.
If we can do all this, we can help families build, rather than watch them fall.
care will save children’s lives. Everyone who cares about kids
has the opportunity to keep children from unnecessary, devastating
disruption, fear, and pain. Reducing the
scourge of unnecessary foster care placements and lengthy stays in
foster
Fortunately, to paraphrase Brendan Sullivan, Oliver North’s lawyer, we are not potted plants. We can do something. Yes, we can.
- This post was adapted from an article forthcoming in Georgetown Journal of Poverty Law and Policy, Volume XIX (2011).
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