In some ways, Judge Ernestine S. Gray with her child-friendly courtroom, reminds me of Juvenile Court Judge Camille Kelley of Memphis in the Georgia Tann days but whereas, Judge Kelley became corrupted, I have an intuition that is not going to happen with Judge Gray. She gives each child who appears before her a bear and a book. She believes it makes what can be the worst day of their lives just a little easier.
This soft touch belies the power that Gray wields as one of just four Louisiana judges who control the entire child protection docket in their jurisdiction. And she has used that authority to upend the status quo and reduce Orleans Parish’s foster care numbers to levels unmatched anywhere in the country.
Between 2011 and 2017, the number of children in foster care here fell by 89 percent compared with an 8 percent increase nationally. New Orleans children who do enter the system don’t stay long. Seventy percent are discharged within a month; nationally, it’s only 5 percent.
Gray has effectively all but eliminated foster care except in extreme situations, quickly returning children flagged by social workers to their families or other relatives.
“We shouldn’t be taking kids away from their parents because they don’t have food or a refrigerator,” she said in explaining her philosophy. “I grew up in a poor family in South Carolina, and we didn’t have a lot. But what I had was people who cared about me.”
Removing a child is extremely traumatic, and the best outcome is to make sure kids go home to their families where they deserve to be as quickly as possible, or not enter the system at all.
Few who know anything about the foster care system would disagree that it is severely broken nationwide due to decades of mismanagement and inadequate funding. Instead of protecting children, it often traumatizes them further. They have poorer outcomes in education, employment, housing and early pregnancy, studies show. By 17, more than half will have been arrested, jailed or convicted.
The Family First Prevention Services Act is the biggest overhaul of foster care in a generation. The law redirects money from paying for state custody to providing services designed to keep families intact, such as mental health care, substance abuse treatment and parenting skills training.
Judge Gray stresses that “The greatest threat of harm, for most of the children who appear before her, is being unnecessarily removed from their families.”
“Foster care is put up as this thing that is going to save kids, but kids die in foster care, kids get sick in foster care,” she said. “So we ought to be trying to figure out how to use that as little as possible. People have a right to raise their children.”
Missing Mom 