Progress in Washington State

Washington House Bill 1747: “Keeping Families Together” would encourage guardianships over termination of parental rights when possible. Black and Brown families are especially vulnerable — in Washington, Indigenous children are 2.7 times more likely and Black children are 2.4 times more likely than white children to experience the termination of both parents’ rights. This bill would help to reduce racial bias and inequities in the child welfare system.

Jamerika Haynes-Lewis who wrote an op-ed, LINK>HB 1747 Offers a Pathway to Keeping Families Together, for the South Seattle Emerald a year ago in January 2022 write – I think of my own experience as a foster child in the system. My world completely changed at 5 when I stepped into my first foster home. Though I had relatives and other people that could have served as guardians, this option was not considered. Instead, adoption was the only choice. This event led me to moving from the Eastside of Tacoma to becoming one of few Black children in Poulsbo, Washington. Away from my family and community connections, I suffered immensely from racism and an identity crisis. And I had to experience this alone, on my own.

I am unable to determine the current status of HB 1747’s effort. I did also find Washington House Bill 1295 at The Imprint LINK>Hidden Foster Care, which would guarantee legal counsel for hundreds of parents ensnared in “hidden foster care” — informal placements arranged outside of court oversight. In a practice deployed to varying degrees nationwide, social workers with the state’s Department of Children, Youth, and Families offer parents the option of voluntarily handing over their children to friends or family. In exchange, parents can provide input on where they would like to have the children stay without the dictates of a formal foster care placement. Legislation introduced by Rep. Lillian Ortiz-Self (D) would provide public defenders for those parents, who currently face separation from their children through contracts with the child welfare agency known as “voluntary placement agreements.” Such arrangements have been criticized by social work scholars and child welfare advocates, who say they can be coercive and strip parents of their due process rights.

“When you look at representation for such a critical decision in your life — whether or not to place your children in the care of the state — we just want to make sure that parents fully understand what they’re stepping into and what their options are,” Rep. Ortiz-Self said in an interview last week.

Optimistically, I believe that activists will continue making progress and will endeavor to remain informed as well as sharing what I learn here.

Siblings Bill of Rights Act

Change may come slowly but it does come. In New Jersey there is now a Siblings Bill of Rights Act. This includes –

Have access to phone calls and virtual visits between face-to-face visits with their sibling;
Be placed in the closest proximity possible to other siblings who are not in out-of-home placement or if placement together is not possible, when it is in the best interests of the child;
Have the recommendations and wishes of the child and of each sibling who participates in the permanency planning decision documented in the DCF case record and provided to the court;
Know, or be made aware by DCF, of expectations for continued contact with the child’s siblings after an adoption or transfer of custody, subject to the approval of the adoptive parents or caregiver;
Be promptly informed about changes in sibling placements or permanency planning goals;
Be actively involved in the lives of the child’s siblings, e.g., birthdays, holidays, and other milestones;
Not be denied sibling visits as a result of behavioral consequences when residing in a resource family home or congregate care setting; and
Be provided updated contact information for all siblings at least annually, including a current telephone number, address, and email address, unless not in the best interests of one or more siblings.

Recently signed by Governor Phil Murphy, the law recognizes that children placed outside their home have several rights related to maintaining sibling relationships, including the right to remain actively involved in the lives of their siblings and to have their voice heard in the permanency planning process for their siblings. “In what could very well be the most difficult time of their young lives, it is our hope that this bill will allow siblings in the child welfare system to maintain some measure of stability and continuity,” Murphy said.

“One of this Administration’s goals has been to make sure the children and families in this state’s welfare systems are treated with compassion and empathy,” said Murphy. “I was deeply moved, as I’m sure my counterparts in the Legislature were, by the compelling recommendations of the Youth Council who shared their lived experiences of their time during the child welfare process.” The Council consisted of 24 members ages 14-23 who are or were previously involved with one of DCF’s programs such as Child Protection & Permanency or the Children’s System of Care. Youth Council members stressed that sibling relationships were crucial for maintaining stability and ensuring future success.

DCF Commissioner Christine Norbut Beyer said the new law “represents the power of shared leadership and the importance of having individuals with lived experiences in a meaningful role at the table.”

“Ensuring children can maintain relationships with their siblings, arguably the people who best understand what they are going through, we can provide them with more stability and the possibility of invaluable, life-long family connections.” Assemblywomen Gabriela Mosquera (D-Gloucester), Carol Murphy (D-Burlington), and Lisa Swain (D-Begen) said in a joint statement.

“New Jersey has taken a stance on sibling rights — that they matter, they exist, and this is now the law,” Jack Auzinger, a member of the DCF Youth Council, said.

~ story courtesy of Steve Lenox of Tap Into Patterson News – LINK

National Adoption Awareness Month

The original intent of this effort was NOT to take newborn babies away from their first parents but to raise awareness about ALL of the children in foster care who may age out of the system without supportive people in their lives.

In his LINK> proclamation, President Biden committed to “extending the adoption tax credit to legal guardianships — including grandparents, aunts, uncles, and other relatives — which would make it easier for loving family members to care for children who need their support. This measure could also help reduce racial inequities in our country’s child welfare system, which too often render some children of color more likely to be removed from their homes and cut off from their families and communities.” This is a reform to the adoption system long advocated by activists and that I frequently mention here.

President Biden also said – The Department of Health and Human Services will provide training and technical assistance to State child welfare agencies in order to better support LGBTQI+ youth, whose needs are often unmet in the foster care system, and take steps to ensure all youth are placed in supportive environments.

Additionally, the administration is committed to ensuring that older adolescents transitioning from the foster care system have access to housing and education and can pay their bills and prepare for adulthood. President Biden has proposed increased funding for the John H. Chafee Successful Transition to Adulthood program by 70 percent. John Chafee was a Republican, Governor of Rhode Island and a US Senator. He also served in the Marine Corps. He died in 1999.

Birth Parent National Network

I came across a mention of this organization today – Birth Parent National Network (BPNN). I don’t really know a lot about it but I do know that birth mothers who surrender a child to adoption are often the least supported of the adoption triad. Once the baby is out of their possession, they are often discarded. Sadly.

So, I only share here today, what they say about their own organization.

We are a national network of hundreds of birth parents and organizations working together to strengthen families, communities and systems by engaging the voices of parents. The organization seeks to inform policies and practices that affect children and families.

Members are said to have a high interest in engaging in policy work and draw upon their life experiences to inform and educate policymakers and other stakeholders. These are people who have experienced parenting challenges or have been at risk of child welfare becoming involved in their affairs or they have been previously involved with the child welfare system.

BPNN Members meet four times a year by webinar for policy updates and information sharing. The BPNN holds an annual virtual convention in December.

BPNN is an outreach of the Children’s Trust Fund Alliance. They are an organization working to help every child and youth in the United States grow up in strong, stable, nurturing families within thriving and prosperous communities. The Children’s Trust Fund Alliance is committed to racial justice and to becoming always more accurately an anti-racist organization. Children’s Trust Fund Alliance, was formerly known as the National Alliance of Children’s Trust and Prevention Funds, is the national membership organization for state children’s trust funds.

So in my state of Missouri there is The Children’s Trust Fund (CTF) which is a foundation for child abuse prevention. CTF was created by the Missouri General Assembly in 1983 as a 501c(3) non-profit organization whose purpose is to prevent and/or alleviate child abuse and neglect. They would be a member of the national alliance.

Justice For Foster Care Abuse

A former foster care youth writes – I thinking about taking legal action against the state of Nevada for putting me and my 3 siblings through 8+ years of abusive foster homes? My brother repeatedly told our case workers about abuse over and over and they said no one wanted us, so we would have to “suck it up”. I want justice. We were abused, severely in some cases and the worst that happened was a slap on the wrist and MAYBE a foster license taken away. Why no jail time? I would think that most of what happened must be written in our case files somewhere. I know it’s a long shot and probably “way too dramatic” but I’m angry and so are my siblings, our lives were completely turned upside down and we will carry unnecessary trauma with us our entire lives. There has to be something we can do??

Turns out this isn’t as rare as you might think. Oh I knew many are abused. I read a book last April titled Foster Girl, a memoir by Georgette Todd in which she shares her own experiences of being in foster care.

So in the responses to the plea above came stories about other cases and some not-legal advice from a lawyer.

Just last December 2020 in the state of Texas, Corpus Christi-based federal District Judge Janis Graham Jack found the state of Texas in contempt of court for continuing to fail to comply with court orders put in place to protect children in state custody from abuse. The ruling was the latest in a nearly 10-year-old class action lawsuit over allegations of abuse, neglect and systemic failures in Texas’ child welfare system.

The not-legal advice – I’m a lawyer but don’t know anything about this area of law (which is complex bc govt officials may have some degree of immunity from prosecution, I don’t know). I would begin by (1) googling to see if and how others have brought these suits, (2) law firms in your area who have successfully sued the state for damages, and (3) legal aid providers or maybe the ACLU to see if they can refer you to any lawyers who might be willing to take it on contingency. I’d also move quickly – some kinds of suits can only be brought for a certain number of years (but again, I know nothing about this area of law so please do not take this as legal advice!).

Another woman chimed in – I would look up recent cases brought up against the state/Dept of Human Services… Look up the law firms used… Call them or submit an online inquiry. In Oregon, you have 6 months from a qualifying event to file tort (notice that you intend to file a lawsuit) … But a qualifying event could be as minor as “remembering” a new thing. Usually these types of suits are a contingency, so you don’t pay the law firm unless there is money awarded (except if you lose you usually have pay actual costs of things like filing fees and paper copies, etc), if you win/settle the law firm takes a pre-agreed upon percentage. Law firms don’t usually take on these cases unless they are pretty sure they can win…*good luck* I hope you can hold them accountable!!!

Here is another case moving through the courts in Alabama during 2020. Alabama officials failed to protect multiple children who were abused and neglected for years while in foster care. Foster children who lived with Daniel and Jenise Spurgeon (both have been arrested and are serving time) were sexually, physically, verbally, mentally and emotionally abused, according to the four lawsuits. While the children were starved, isolated, tortured and assaulted, the lawsuits allege, the Alabama Department of Human Resources ignored signs of abuse and neglect. The lawsuits say “numerous” complaints about abuse and neglect were made to DHR by the children and others. The complaints included violations of DHR’s standards for foster homes and ban on corporal punishment, plus reports that the children weren’t properly bathed or were forced to bathe with other children.

There is an organization that does a lot of this kind of justice work. It is called A Better Childhood. They cover the states of West Virginia, Indiana, Oregon, Minnesota, Mississippi, New York, Oklahoma, Texas, New Jersey and Washington DC. A Better Childhood fights for children who are abused, neglected, and irreversibly damaged while dependent on child welfare systems. Their work challenges existing structures to improve the lives of children, whether they are in state custody or reliant on the state for protection. Using the power of the courts, they develop new legal theories and apply and expand existing law to reform the various states’ foster care and other child welfare systems. Then, we monitor the states’ responses to hold them accountable.

Instances of abuse for children in foster care is estimated to be as high as one out of every three children. For some more startling statistics, you can read – Abuse in Foster Care Is a Social Justice Fail.

The ENTIRE justification for the state taking children from their families is to protect the child from abuse. If the child then is put into another abusive situation or worse yet, a series of abusive situations, then the entire premise of the state’s effort to protect children has failed. The agency has failed in it’s jo, and their justification for taking children from their families is a nightmare.