What Is Child Endangerment?

When my children were very young, I used to worry that some rather innocent parental choice might cause us to lose custody of them. There was a memorable episode of The Simpsons – LINK>Home Sweet Homediddly-Dum-Doodily – the third episode of the seventh season. Homer and Marge lose custody of their children to the state. The kids end up in foster care at Ned and Maude Flanders’ house. Marge and Homer were spending the day at a spa, while the children were in school. Baby Maggie was left in the care of her elderly grandfather, Abe Simpson. This caused the parents to be accused of negligence after Bart was sent home from school with head lice and Lisa was found shoe less. Child Protective Services agents arrived at the Simpson house and judged it to be under incompetent care.

This was much less likely when I was growing up in the late 1950s and early 1960s. I do remember getting in trouble for going too far from home on my bicycle. I also remember wandering in wild and remote spaces and never feeling concern from my parents, though in adulthood I learned they weren’t aware of the extent of my journeys LOL.

We never left our two sons alone and never even employed their grandparents (who lived next door) as overnight babysitters. I suppose we have been overprotective but they are still alive and have not gotten into any serious youthful trouble. They’ve been allowed to develop their own character absent being overly influenced by peers. So often I read in adoption related spaces how easily children have been removed from their natural parents for no more than poverty, which this country does pitifully little to address and probably will do even less in the next 2 years with extremist Republicans in charge of the federal government.

Two recent events have gotten my attention. This country has a serious double standard depending on one’s race and class status. One event is alluded to in the image I chose for today’s blog (more on that below). The other I just read about in The Huffington Post – LINK>What Is Child Endangerment? When Leaving Your Child Alone Becomes A Crime. I remember hearing a similar story from my own mother. She left two of us alone to run to the grocery store, I believe. We were discovered by a neighbor. My mom learned her lesson and the police and/or Child Protective Services were never involved.

The Huffington Post story was about two children, ages 2 years and 5 months, who were left alone in a New York City hotel room, sleeping and under camera surveillance, so that their parents could go out to dinner about a block and a half away. Life is what happens next. The father had a sudden heart attack at the restaurant and was rushed by ambulance to the hospital, where he was later pronounced dead. The mother accompanied her husband in the ambulance. In the midst of this crisis, she asked both a close friend and her parents to rush to her children’s hotel room and attend to them (as she continued to monitor them by camera). However, the hotel denied entry to her friend (which actually is policy, I remember being with my dad but in a separate room in a hotel and he asked the front desk what room I was in and they would not tell him). In the case of these children, the hotel called NYPD.

The issue of a double standard comes up in this case, though the mother does face two counts of “acting in a manner injurious to a child” and is scheduled to appear in Manhattan criminal court on Thursday. One commenter noted – “If she was a poor woman in an inner city she would’ve been arrested.” In fact, some children are left alone in inadequate circumstances by single mothers due to a lack of affordable child care options, while that mother must work to feed, house and clothe her children. Any individual can make a call to the police or to Child Protective Services, triggering a process leading to state involvement, which can include the parent’s loss of custody. New York’s juvenile court has defined such neglect with this example – “A child of 12 might be fine alone for two hours in an afternoon. Yet, the same child may be incapable of responsibly caring for a 5-year-old for that same period of time.”

This case gets attention because the parents are wealthy and well-known. As I have already noted – most other cases involve disproportionately poor and working-class parents who leave children alone when faced with a need to go to work or on a job interview, when they don’t have accessible, affordable child care. Families living in poverty or near poverty are judged far more harshly than wealthy parents. Parents who are taken to family court are at very high risk of having their children removed from their custody and placed in foster care. More often than you may think possible, this leads to the permanent termination of their parental rights.

The Guardian had an update this morning, LINK>No fight or warning before six-year-old boy shot teacher, say Virginia police, regarding the case of the Virginia teacher who was shot by a 6 year old who brought a loaded handgun to school. The 9mm handgun used by the boy was bought legally by his mother and kept in the family’s home. It remains unclear whether the mother will face any legal charges. Virginia does not have a law that requires unattended guns to be stored in a particular way or a law that requires gun owners to affirmatively lock their weapons. The issue will be whether it can be proven that the mother’s actions violated a Virginia law that prohibits anyone from recklessly leaving a loaded, unsecured gun in a manner that endangers the life or limb of children under 14. It could be argued by gun advocates that the child was never in danger – but certainly his teacher was.

Un-Adopted

The Stauffer Family minus Huxley

The video began like so many others. YouTubers Myka and James Stauffer, in the glow of camera-friendly lighting, staring into the lens. But this time, instead of energetically updating their roughly 1 million subscribers (over 700,000 on Myka’s YouTube channel and over 300,000 on the family’s vlog, The Stauffer Life) on their “kiddos” or Myka’s “mommy morning routine” or vegan-meal ideas, the couple had somber expressions.

“This is by far the hardest video James and I have ever publicly had to make,” said Myka. Wearing white shirts that matched the linens on the bed where they sat, the Stauffers revealed that they had placed Huxley, their then almost 5-year-old autistic son from China — whose adoption process and life they had documented for more than three years — with “his now new forever family.” Myka and James tearfully explained that the extent of Huxley’s needs had not been clear when they’d adopted him, that it was never supposed to happen this way, and that they loved him.

In the kindest light, Myka, now 33, and James, 35, were painted as well-meaning but naïve parents who had gotten in over their heads; in the harshest, they were fame-hungry narcissists who’d exploited a child for clicks and profit only to discard him when caring for him proved too difficult.

According to the US Department of Health and Human Services, anywhere from one percent to 5 percent of the more than 100,000 adoptions in the U.S. each year are legally terminated in what’s called a “dissolution”. The Stauffers’ decision to relinquish custody of Huxley could be called rare but it is not uncommon in adoptionland.

Myka said she’d long wanted to adopt; at one point, she and James talked about having six or seven children, with multiple adoptions, and were specifically interested in a child from Africa. James was more reluctant, she said, and after several conversations, she finally pleaded, “Can you please, please in your heart just consider adoption? Just really genuinely think about it, because it’s really important to me.” He ultimately agreed, and, later in 2016, the couple posted a video announcing their plans to adopt and their intent to take viewers along with them on their “journey.”

Sharing information about a child’s adoption before he or she is in the home is frowned upon by adoption experts.  Not only can publicizing an adoption jeopardize it, but it’s often seen as playing into the stereotype of white families swooping in to “save” foreign children.

International adoptions to the U.S. have dropped to a fraction of what they were a decade and a half ago, as many countries, including China, have revised their protocols. (For the 2019 fiscal year, the U.S. Department of State reported just 2,971 adoptions to the US from other countries, down from almost 23,000 adoptions in 2004.) China still accounts for more adoptions to the US than any other country, but now almost all adoptees from China to the US are toddler age or older, and many have existing health conditions. If the Stauffers adopted from China, they would almost certainly be choosing a child with special needs.

Myka and James asked viewers to invest not only time in Huxley’s adoption story but money.  In October 2017, Myka and James, along with their three biological children, traveled to China to pick up Huxley. The accompanying video, which they called Huxley’s “Gotcha Day” — a term popular on YouTube but criticized by the adoption community — racked up more than 5.5 million views. Myka and James dedicated it “to all the orphans around the world” and set the video to “You Set My World on Fire,” by Sweden’s Loving Caliber, an acoustic track with the lyrics “Just tell me you’ll stay or take me away / I want you for myself every single day.”

Since adopting Huxley, Myka and James’s online success had grown substantially. Total earnings are difficult to estimate, but the Stauffers earned from $4,100 to $66,700 from their three channels in April and May 2020, according to analytics site Social Blade, a number that does not include revenue from sponsorships. Myka had hired a manager to handle all the direct marketing from companies that wanted to work with her.

The Stauffers began to consider a way out that was never part of the “journey” they had expected to experience, much less share. When they finally broke their silence in late May, they said they had initially kept quiet because they didn’t want to jeopardize Huxley’s transition to his new family. In their video, Myka said that Huxley was thriving in his new home, that he was happy, and that “his new mommy has medical-professional training and is a very good fit.” But the optics of their situation were fraught. In the middle of a pandemic and a national reckoning over racial injustice, when the president and multiple other right-wing leaders repeatedly referred to the coronavirus as the “kung flu” or “Wuhan flu,” Myka and James were a privileged white couple who’d given away their Chinese son.

Other adoptive parents have described situations that seem to echo the Stauffers’ sense of hopelessness. In her memoir The Best of Us, author Joyce Maynard describes adopting two girls from Ethiopia and then, just over a year later, placing them with another family whose mother she met during the adoption process. “With an ignorance that staggers me now — ignorance, and some arrogance, no doubt — I had believed my love would be there like an eternal flame, and that this love of mine could fix whatever had been broken in my daughters’ lives.” When this proved not to be the case, that the road to attachment would be a long one, she describes it as “the most profound sense of despair I had ever known.”

One of the biggest misconceptions is that dissolutions happen because the child is bad. Nine times out of ten, it is NOT the child’s behavior. It seems like it’s the child’s behavior, but it’s the child’s behavior triggering something in the family.  The most common reason for dissolution is that the parents feel incompetent to manage the child’s behaviors.

These are just excerpts.  You can read the entire story here – Why Did These YouTubers Give Away Their Son?  I had encountered the story previously but I didn’t know it in depth.  It is a cautionary tale about international adoptions as well as chasing after lucrative clicks and sponsorships.  It is a double edged sword waiting to cut the next victim.