What Is And Is Not

My nearly 6 year old (in my care since she was 6 months of age, came to us from foster care) emotionally shared the other day that she’s embarrassed being seen with my husband and I at school drop off/pick up because she’s aware it’s making her different from the other children who have their birth parents pick them up and how she wishes her Mum could come to pick up sometimes (her Mum passed away tragically two years ago so it’s literally impossible).

There is no real clear physical difference between us – so it’s really just that she knows we aren’t her birth parents and she grieves what could have been. I told her I understood why she feels sad about that, that it makes sense she’d love her Mum to come and that I’m really sorry I can’t make that happen. I also pointed out other children wouldn’t know (for the most part) that we aren’t her birth parents because we’ve been private about her story (however, she recently shared with her class that she had scattered her Mums ashes). There are other kids who could be in the same situation as her and she wouldn’t know.

She’s really dislikes having a different surname than us because “you’re my parents and you’re my family, so why can’t I have the same name?”, even though we’ve never made an issue of it and we tell her how much we love her name and that families don’t require the same last names as each other. She has been asking for the last few weeks, can she please change her surname to our surname at school/extra curricular activities. She’s started calling herself and her little sister (who is her biological sister but also has a different surname, not the same as hers) *their names* with our surname.

One of my big hesitancies is the future her, looking back on her work/awards and seeing a name she might not identify with anymore and being upset we allowed her to use a different name. We are foster parents who became guardians but we specifically didn’t pursue adoption because of what we learned about the feelings of adult adoptees.

One suggestion was to hyphenate her surname with the guardian’s surname, not legally but just on paper, so she can see you are listening to her feelings, without changing anything legally. The guardian liked the suggestion – that way she doesn’t have to feel like it has to be one way or the other, either this part of my family or that part of my family. The guardian said “I definitely have no intention of changing her name legally, that’s something she can navigate once she’s an adult. But just socially, maybe hyphenating could be the solution.

Another suggested – could you explain to her that the surname was one of her first gifts from her mother ? Explain to her that there are some kids whose moms have gotten remarried and her kids don’t share her new last name. And even though it isn’t the same situation as she is in because her mom is no longer here like the other kids, it is similar with the last name situation. The reply was – I did try telling her how kids have different last names to their Mum’s sometimes because of marriage and such but she was like “but you and Dad have the same last name so that’s not the same thing.”

One answers from experience – This is tricky. I was given the choice to keep my last name or change it, and I kept it. There were so many times in school when I wished I just had the same last name as my adoptive family. It would have erased so many questions I didn’t want to answer. I’m 42 now and I’m 100% glad I kept it. I didn’t even fully let it go when I got married. On the other hand, my biological sister was all too happy to shed that last name when she got married (at 8 years older than me, she was 18 when we went to our adoptive family. So I don’t think changing to her last name was ever brought up). Our last name came from the guy who abused us. All that to say, I don’t think there is a concrete right or wrong answer here. *I* would say keep her last name but see if the school will just call her by yours, sort of like a nick-name? My sister on the other hand would say let her change it. Hugs to you as you try to navigate this.

Another shares – I have two last names and I say them proudly. Would she be willing to make a final decision after a bit more contemplation? Have her practice saying and writing the new name combo – you can call her anything for now. She might find just being able to say her new name and know that maybe one day she will legally be both names. The guardian answers –  I’ve responded to her saying “let’s keep chatting and thinking about it, so we make the best decision for you” and she seems okay with it thus far.

Another opinion was – I would honor her desire and let her change her name. I think you can do that and let her know if she ever changes her mind and wants to change it back, you’ll support her no questions asked. Or if it’s possible to change it with school and such without doing the full legal piece, maybe that could be a good compromise. I was under guardianship as well until adulthood, and I always struggled as a child with feeling like I didn’t truly belong and the uncertainty about where I’d spend the entirety of my childhood was deeply unsettling. I was under familial guardianship, so I was with family, but I just always felt like I was an add on, not a core part of the family. To this day, it’s something I still feel in my core when I’m with my family and I’m 37. I can understand why having a different name could exacerbate that feeling for her. Part of it is just inescapably that our childhood was different and more traumatic than those around us and even the best support systems simply cannot undo that. And that’s hard to understand as a kid and it leaves lasting changes to one’s brain. And for me at least, the uncertainty about whether I’d be able to finish out a school year, let alone all of K-12 in the home I was in, was always hanging over me. It just didn’t feel permanent (though it did turn out to be). There are SO few things that are in our control when we are kids, and the lack of control over any aspect of our lives can be overwhelming.

A school staff member noted that – our school has “legal” name and “preferred” name. “Preferred ” name can be changed at any time without any documentation, it shows up on attendance and display but all legal documents show their legal names. She even adds that – I did this as a child until I was legally able to make the decision to formally change my name.

 

Better Than Punishment

From an editorial by Dr Ruchi Fitzgerald in LINK>The Hill – It is unimaginable to think that seeking medical care could lead to losing custody of their children, yet this devastating predicament is all too real for pregnant women with addiction in the United States.

In our nation, the systems that aim to protect children from the negative effects of parental substance use often prioritize punitive approaches over proven public health strategies. Fear of being imprisoned, stigmatized, or having their children removed makes many pregnant women with substance use disorder (SUD) afraid to seek medical care, contributing to poor maternal health outcomes. Some state laws, including the law in Illinois where I practice medicine, even mandate that health care professionals report cases of detected controlled substances in a newborn infant as evidence of child neglect. While the federal Child Abuse Prevention and Treatment Act (CAPTA) has no such requirement, CAPTA’s overall approach has led to significant variation in how states, counties, and health care institutions implement its reporting requirements when substance use is involved during pregnancy.

Threatening child removal from a birthing parent with SUD without a risk assessment or evidence of danger to the child is not ultimately improving outcomes for children. Research has long shown that children affected by the trauma of family separation tend to experience worse long-term outcomes on a wide variety of indicators, including education, health, housing, employment, substance use, and involvement with the criminal legal system. With over 400,000 children in foster care across the US, the trauma of separation is widespread.

Forced separation also brings unimaginable pain to new families – triggering in some parents such despair that it deters them from seeking or continuing medical care, including treatment for their SUD. Study after study shows child removal is associated with parental overdose, mental illness, post-traumatic stress disorder, and return to substance use. Public health-oriented policies that can result in better outcomes for families are part of the solution.

As an addiction specialist physician, I am involved with the medical care of pregnant people with SUD, and I have seen counterproductive child welfare and criminal investigations launched after a newborn infant tests positive for a controlled substance. Too often, parents become hopeless about recovery once their children are gone.

Current policies and practices related to substance use during pregnancy also result in serious health inequities. Pregnant and parenting people of color are much more likely to be impacted by forced separation than their white counterparts. Black parents are more likely than white parents to be reported for substance use to the child protection system at their child’s delivery despite similar rates of drug use, while Black and Native American children are overrepresented in foster care relative to white children in the setting of parental substance use.

Meanwhile, health outcomes are unnecessarily worse for mothers of color. Since 80% of maternal deaths are due to overdose or suicide, we can save lives with policies and practices that encourage treatment, not punish pregnant women with SUD for seeking it. Policymakers need to remove controlled substance reporting requirements that overreach and contribute to the current punitive approach.

The American Society of Addiction Medicine (ASAM) encourages child protective services agencies not to use evidence of substance use, alone, to sanction parents—especially with child removal; supports eliminating in-utero substance exposure language in child abuse and neglect statutes, and supports policies that extend social services benefits and financial support to families in need.

The US Senate will contemplate reauthorizing and reforming CAPTA this year. Health care professionals who treat pregnant people with medications for addiction, like methadone or buprenorphine for opioid use disorder, do not need to involve child protective services for that reason.

Recovery is possible with the right medical care and support. A pregnant person with addiction seeking medical care deserves a chance to heal and recover with her children. If we want pregnant and parenting people with addiction to access the evidence-based treatment they need, our decision-makers must embrace public health over punitive policies.

Simply Thankful

So often in this space I am focused on all of the things that are not quite right in adoptionland or within the foster care system. I do care about how adoptees feel about their state of being which began involuntarily and those complex feelings extend to donor conceived persons, especially those who may not have known about their origins until much later in life. I believe we can ALL do better and many who are similarly educated by the realities of life are now speaking out – to help the rest of us understand that the truth is complex and diverse but usually not the fairy tale narratives that adoption agencies prefer for everyone to believe.

My education about all of these related aspects has been brief and intense since my adoptee parents (yes both of them were) died in late 2015 and early 2016 (just 4 mos apart after over 50 years of marriage) and I made my own roots discovery journey. I am certainly grateful for what I learned that made me feel finally “whole” and for the genetically related family I am now acquainted with. They are all precious to me and totally human with flaws and positive attributes like we all are – myself included. And I still have a love in my heart for my adoptive grandparents, aunts and uncles and cousins because they were the family I knew and grew up with. They are who I often celebrated Thanksgiving with throughout my childhood and early adulthood.

The thing I am honestly most thankful for is that I was NOT given up for adoption. It is my own personal “miracle” because adoption was so common in my family as to feel natural to us (though I now understand that it never was “natural”). My mom was a high school junior, unwed. My dad had just started at the University of New Mexico in Las Cruces. Yet, I was preserved in the family in which I was conceived. This may explain one of the reasons that family preservation is so important to me personally. I had a good enough childhood. Sometimes we were a bit financially challenged. Sometimes my dad’s anger was a bit too short fused. My mom was unhappy enough at one time to contemplate suicide. My youngest sister ended up homeless. My other sister lost her first born to his paternal grandparents in a court of law and my own daughter ended up being raised by my ex-husband and his second wife. Even so, I am thankful for every CRAZY experience of my own life because it has made my understandings of human nature so much deeper and more reality based.

May you too be counting your own blessings this day.

Ending November

National Adoption Awareness Month can mean an adoptee feels heard. Or it can be an opportunity with the spotlight shining on adoption to discuss the trauma of being adopted. Some adoptees prefer to share what they feel are the positive things and people being adopted brought them. Every adoptee has a different story to tell but maybe the greatest relief is knowing there are others out there with the same experiences, that we are not alone. Less than 10 days left in this year’s adoption awareness month.

Mardi Link writes in the Traverse City Record Eagle on Nov 20 2022 – LINK> Happy National Adoption Month – “Being adopted isn’t just for babies, it doesn’t last for a single month and the brief burst of celebratory attention lavished on an institution designed to ‘save’ people like me feels jarring.”

She acknowledges – The press releases, celebrity baby adoption photo spreads and international infant rescue stories leave no space to narrate the lifelong complexity of a system which often provides adoptees with no agency over their own lives. For example, I’ve been on a 30-year mission to obtain every page of my medical, adoption, foster care and genealogical records. I’ve had some success at this mostly because I haven’t stopped asking after being told no.

Mardi notes – As a baby, I spent months in foster care before I was adopted. Somewhere, there are records and I want them. They’re mine. If National Adoption Month was really meant to raise awareness about the lifelong requirements of adoptees, the folks behind this celebration would have developed a mechanism for us to use to access our records.

She affirms – We’re also not going away. I’m still filing Freedom of Information Act requests on myself and I’m still writing polite letters. We have to be polite — we can’t ever appear angry or even conflicted about a system everyone else seems to celebrate.

This is the kind of reality that is an every day occurrence for adoptees – Last month, an Michigan Department of Health and Human Services adoption analyst responded to my latest inquiry with a copy of a typed telephone message delivered to the Children’s Aid Society in December of 1961. “Booth hospital telephoned to report Patricia delivered a baby girl at 8:15 a.m. Birth weight six pounds and seven ounces.” That baby was me. Until last month, I didn’t know what time I was born or what my birthweight was.

In my going nowhere efforts with the state of Virginia where my adoptee mom was born, that is the kind of information I would have liked to have received – the hospital’s name, the time my mom was mom, what she weighed. But alas, no. Not without a court order and that means an expensive legal representative and no guarantee of success. Sometimes, we just have to let some details be unresolved. Like why my grandfather abandoned my grandmother and baby mom. Like why my grandmother was sent away from her family in Tennessee to Virginia to give birth to my mom. When she left Tennessee and when she arrived in Virginia. Where she went to wait out her pregnancy until my mom was born. All I can do is make up stories.

Mardi ends her article with Happy National Adoption month. I question whether happy is the right word to attach to it – unless you are an adoptive parent who got what they wanted – someone else’s baby.

A Tough Way To Go

From direct experience (not my own) –

He was in the foster care system from age 3-18, with a failed adoption from the ages of 4-8. This is how broken the foster care system is and how adoption is not always rainbows and butterflies. Excerpts from his story – For a portion of my life my identity was ripped from me, changed, and those who were looking for me could not find me. I was in plain sight living under a different name. After 20 years of silence, I am finally ready to tell my story.

Trigger Warning – What you’re about to read is graphic, disturbing and may be triggering.

I was adopted – Twice. In my personal opinion, I lived a better life with my second adoptive parents than I would have ever lived without them. Yes, I am thankful for the opportunities I do have because of my adoptive parents. Yes, I have chosen to see the good in my life and be grateful for everything I do have. But this is the mature, 27 year old man speaking, not the boy who endured so much trauma that causes the 27 year old man to still go to therapy on a weekly basis. Today, I am what most would consider a successful man.

I was adopted the first time at the age of 4 to what the world thought was a loving home. From the ages of 4-8, behind closed doors I was brutally beaten daily. Some nights I would be locked outside at night in the cold rainy Washington state weather nights in nothing except my underwear. I would be stabbed by forks at the dinner table to the point I was bleeding because I would gag on and throw up my food, then be forced to eat my throw up. I would be told to stick out my tongue, just for her fist to slam up under my jaw, forcing my teeth to slam together and viciously bite my tongue. I would be tucked in at night not with a warm hug or a loving kiss, but rather a hand over my face suffocating me until I stopped moving. Her eyes turned into a cold, chilling midnight black, and she would grit her teeth together and say “I will not stop until your body is done moving. Once you stop moving, I will stop.” I would be grabbed by my neck and choked and slammed to the wall with my feet dangling, my entire 30lb body off the ground and glued to the wall from my neck. She has this super strength, black eyes, and could hold me off the ground by my neck, not letting go until she was satisfied knowing she held the life of the little boy between her palms, against the wall.

I would cry when it was time to line up for the bus at the end of the day in kindergarten while all the other kids would be jumping with joy to be picked up by their parents. I would cry because of the home I knew I was going to. Kids would ask me why I was crying. It’s the end of school and I should be excited. But I wasn’t excited, I was jealous because I knew the first graders got to stay the whole day, but I only stayed half the day, and I was going back to a place worse than hell. I would be asked by not only teachers, but doctors as to why I had bruises all over my body, just to tell them they were from my siblings to avoid my abusive adopted mom from ever finding out I told anyone because I knew if I told anyone I would be brutally beaten. I can go on and on, but I’ll end it here for now because as I type this I am getting dizzy, sick and shaking.

I also had to hear the muffled cries of my brother as he would be choked, beaten and abused while fear and adrenaline would shoot through my veins as I listened to the muffled cries of my twin as I watched his body stop squirming, and almost peacefully slowly stop moving knowing I was next. I quickly learned that once the hand covered my mouth and nose, the quicker I would lay limp, the quicker she would be satisfied and leave the room. I would run away at the sound of punches, slaps, screams and terrifying, gasping cries of my sister knowing my 30lb self had no ability to protect her.

My biological mother gave me up to this family because she trusted them. At first she didn’t give me up. At the age of 3 we were taken from her because she was an alcoholic. We were placed in this home but still visited our mother often. My mother would end up signing away her rights so the family could adopt us. My mother died never knowing the truth about what she signed her rights away for and where she sent her three young children. My mother thought I was going to a home that could provide more love than she could, even though she was an Angel and nothing but comfort to me. I didn’t know what money was, nor did I care she didn’t have any. I didn’t know what drugs or alcohol was, nor did I care that she used/drank them. All I knew was what the warm motherly feeling of love, compassion and dedication was, and that is what I felt in my mothers arms, and only in my mothers arms.

I have struggled with abandonment issues and identity issues my entire life. As a young man I cheated on the mother of my daughter because if I got a glimpse of love or attention from a woman, I did not know how to turn it down. I yearned for love and affection. I dealt with losing my sister. No, she didn’t die, I was ripped away from her after the first adoption failed because the next home simply didn’t want 3 children. I would live in the same town as my sister, the only piece of my mother I had left, just to be denied the ability to see her for years at a time. I have matured immensely and have learned from my mistakes, but the trauma is still rooted deep within. I have used my childhood as motivation to stay strong and push foward to obtain a simple, successful, happy life. That’s all I’ve wanted and that’s all I work towards every day, and to make sure my children have the most loving, stable home I can possibly provide for them.

Even when the hardest part of my childhood was over and I was adopted for a second time, this time to the most amazing, most loving family I could dream of who did everything to love and protect me, I had identity issues. Not with sexual orientation, but with who I was genetically. Where I came from ancestrally. I knew nothing about ME but I lived inside me every day. I never understood why I wasn’t enough for my biological mother and father to change so they could take me back. Why was I never good enough? That’s what I asked myself every day. I asked myself this every time I was told to pack my bags and given a trash bag. I would be moving to yet another foster home. I was told I had no biological family, but I did. Dozens of biological family members existed in the very state and county I lived in, and they were looking for me. I love my second adoptive parents very much, and I am the man I am today because of them. My parents mean absolutely everything to me.

A song I associated myself with, and feel with every fiber in my body is “Concrete Angel” by Martina McBride. As a young boy, I would listen to it and it would resonate with me as if the song was specifically written about me, and just for me. There’s no reason why an 8 year old boy should hear that song and feel such a strong connection to it and understand it so perfectly, but I did. No one knew what was happening, and if I told people who knew the family, they wouldn’t believe me. Even one of my adoptive sisters who lived in the home during the abuse denies it and claims it never happened, despite it being my whole world every day living in abuse, because only my brother, sister and I were abused. But it was hidden so well, that some of my abuser’s own biological children weren’t aware – although I know one was, and unfortunately, she inherited the abuse after the adoption failed.

Hasty Accusations

Syesha Mercado and Tyron Deener

I stumbled on a LINK> Change.org petition and thought – there must be a larger story here. Because of her high profile as an American Idol alumus (season 7), her story got more attention nationally than it may have otherwise. Because wrongful child/parent separations concern me, I cared to look further.

Dr Sally Smith is said to have wrongly accused more than a dozen parents of child abuse. There are hundreds of child abuse cases tied to her, where parents were proven innocent but suffered irreparable trauma and harm due too her accusations. This doctor is said to hastily diagnose child abuse which rips families apart. Dr Smith is the medical director for the Pinellas County Child Protective Services team and is a contracted child abuse Pediatrician at Johns Hopkins All Children’s Hospital and Bayfront Medical Center in St. Petersburg, Florida.

Syesha’s nightmare started when her 15-month-old son, Amen’Ra, was ripped from his family, and placed in foster care, following a hospital visit. Mercado and her partner, Tyron Deener, had taken their baby boy to Johns Hopkins All Children’s Hospital in St. Petersburg on Feb. 26 for a routine check-up. The couple had become concerned about the possibility of malnutrition when Mercado’s breast milk started to run dry. She was pregnant (later delivering her newborn daughter) and her son, Amen’Ra, stopped accepting fluids. I remember the challenges of weaning my own children off breast feeding.

During their legal battle for custody of Amen’Ra, Mercado and Deener were in the car with their 10 day old daughter. They were subjected to a police conducted roadside welfare check in the middle of the highway. The result was their newborn baby was also taken away by Child Protective Services.  The couple said that they directed all communication to their attorney who had not been given a warning about the safety check.  

The Change.org petition has a summary of just a few of the other cases that Smith has been involved in, which pointed to significant inconsistencies in Smith’s medical notes. Florida’s Second District Court of Appeal said as it overturned one such removal – Smith’s conclusions were based “primarily on her assessment of the father’s credibility, not on the available medical reports.” In another case, a wrongfully accused mother committed suicide due to Smith’s trumped-up claims. One Marine Corps veteran spent 300 days in jail on Smith’s allegation that he killed his girlfriend’s son and was freed when a neuropathologist contradicted her findings.

Dr Smith has long been criticized by defense attorneys, parents and child welfare employees for her aggressive way of interrogating parents. Oftentimes, she sees injuries that other doctors do not.

Mercado said, “He wanted mama’s breast milk, like a lot of breastfeeding babies do, and I went to the hospital in the middle of this entire process, in the middle of the weaning process, which I know a lot of mothers out there experience all the time. I was met with a lot of judgment and accusations that literally just started to spiral out of control.” Deener noted that every person who has handled his child’s case has been white, from the case manager to the guardian ad litem to the judge. 

Every day in America, parents are separated from their families and mistreated, they are mishandled and they are misquoted, by a very oppressive system. Since 2004, there have been 7,425 claims of medical neglect reported in Pinellas County. Of those,1,490 were verified, representing about 20 percent, according to the Florida Department of Children and Families. The agency verified 16% of medical neglect claims statewide in that time frame, with 14% of claims verified in the Suncoast Region, an area that covers Pinellas, Hillsborough, Manatee and Sarasota, among other counties. Experts say parents like Mercado and Deener are often confused about their rights, when dealing with pediatricians in cases of alleged child abuse. They are talking to the equivalent of the police without knowing their rights.

In August of 2021, the couple regained custody of their baby daughter after only a few days. It took the couple 7 months to regain custody in October 2021 of their toddler son. At that point, they were still faced with six months of supervision by the state, coming to their home to check their competency and ability to raise their own children. Their children should have never been taken from them in the first place. The couple are vegans who live holistically. They have maintained that the doctors didn’t understand their lifestyle. They also believe there is a racial element to their case. In fact, the children of people of color are more often removed from their families than the children of white people.

Will the US Supreme Court End the ICWA ?

Within my all things adoption group, I have become aware of the Indian Child Welfare Act, as one outspoken member has brought us awareness of this. The Indian Child Welfare Act was passed to redress years of mass separations of Native families.

In custody battles involving criminality and other race spouses, Native rooted children can find themselves removed over legal involvement and then removed again over abuse, ending up in and out of group homes and rehabilitation centers, and often eventually landing in foster care.

On November 9th, the Supreme Court will hear oral arguments in Haaland v Brackeen, a case challenging the constitutionality of the Indian Child Welfare Act. Designed to keep Native American children in their communities during custody, foster care and adoption proceedings, ICWA was passed in 1978 in response to the mass separations of families that had been customary since the 19th century. Many Native American activists are worried for the future of ICWA, given the rightwing composition of the supreme court.

Some history – In 1860, the Bureau of Indian Affairs opened the first of what would become more than 350 American Indian boarding schools, with the intention of “civilizing” Native American children – an assimilationist policy regarded by many as “cultural genocide” today. By the 1920s, nearly 83% of school-age Native American children were enrolled in boarding schools, where a government report found they were malnourished, overworked, harshly punished and poorly educated. As boarding school attendance increased into the 1960s and 70s – peaking at 60,000 in 1973 – the US government rolled out another program, called the Indian Adoption Project. It ended up placing 395 Native American children from western states with white families in the midwest and east coast.

By the 1970s, data showed that 25% to 35% of Native children had been removed from their families during the boarding school era, leading to the passage of the Indian Child Welfare Act in 1978. According to the law, states are required to follow protocols when handling certain custody cases involving a Native child, including involving the tribe in the proceedings. Perhaps most notably, ICWA also establishes a placement preference system, requiring child welfare agencies to try to keep Native children within their communities – by placing them, for example, with extended family or with a foster family in their own tribe – to ensure that they do not lose ties to their heritage.

Despite ICWA’s existence, the law has often gone unenforced. That’s in part because there is no federal oversight agency monitoring compliance. Although the Bureau of Indian Affairs released guidelines designed to improve enforcement in 2016, tribal officials say that state welfare agencies regarded them as suggestions that were not legally binding.

Therefore, regarding this Supreme Court case – in 2016, a 10-month-old Navajo and Cherokee boy was fostered by a white Texas couple, Chad and Jennifer Brackeen, who ultimately adopted him. When the Navajo Nation was alerted to the case and stepped in to place the child with a Navajo family, the Brackeens sued.

The Supreme Court is set to hear arguments on November 9 2022 and eventually decide these questions related to the Haaland v Brackeen case – does the ICWA discriminate on the basis of race and does the law supersede a state’s right to control child custody placements ? The Brackeens and their supporters argue that ICWA violates the constitution’s equal protection clause, discriminating against them as a white family, and imposes unlawful requirements on states. The federal government and Native advocates say that Congress may enact laws that apply to states in order to uphold its treaty obligations, and that Native Americans belong to a political class based on their sovereign status, not a racial group. Overturning ICWA would reshape the legal relationship between the federal government and Indian tribes.

Many states are now enshrining ICWA in their state law. To date, ten states have codified ICWA – and eight have added provisions to augment it. Native-led coalitions in other states are working to do the same.

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.

No Big Deal ?

Because LINK> Rebecca Solnit says it so well in her essay in The Guardian . . .

Being a parent is expensive. Being a criminal is also expensive, whether you lose economic opportunities to avoid apprehension or spend money on your defense if apprehended or go to prison and lose everything and, marked as a felon, emerge unemployable. Abortion is an economic issue, because when it’s not legal, those are the two remaining options, leaving out being dead, which you could argue is either very expensive or absolutely beyond the realms of money and price. And being dead is also on the table because women have all too often died from lack of access to reproductive healthcare, including abortions (to say nothing of being unable to leave an abuser, to whom pregnancy and children can bind you more tightly). They are facing more of that now.

Having no options but to be dead, criminal or a parent is not a sane or moral argument for parenthood, and it’s also pretty different than having certain inalienable rights, including life, liberty and the pursuit of happiness. Also, now that abortion is unavailable under almost all circumstances in Texas and other states, it’s an economic justice issue in that those with the financial capacity to take time off, travel in search of care and pay for it out of pocket are not affected the way those who cannot do so are. And those who can afford to get an abortion under these circumstances are also those who can afford to defend themselves against possible criminal charges.

All of which is to say, abortion is an economic issue and a labor issue, as well as a human rights and healthcare issue, as the AFL-CIO and other labor unions have recognized. So it’s been confounding to see some supposedly progressive men say that people should talk about economics instead of abortion, as if the loss of reproductive rights isn’t a huge economic blow to anyone facing the possibility of an unwanted pregnancy. The last days before the midterm elections should include robust Democratic conversations about defending rights and pursuing economic justice, with access to abortion central to both.

Access to birth control and abortion laid the groundwork for US women to begin to claim financial, professional and educational equality – a goal still far from realized, overall, but reproductive rights flattened the mountains and filled in the chasms a little. Taking that away pushes women back into the grim era when an unplanned, unwanted pregnancy could upend a life, stop an education, stymie a career, force unwanted dependency on the person who caused that pregnancy – an era when self-determination was an aspiration, not a given.

The Dobbs decision striking down Roe v Wade on 24 June was cavalier about all this. The majority opinion pretends that bearing a child no longer has significant social and economic impact. It cites among its justifications that “attitudes about the pregnancy of unmarried women have changed drastically; that federal and state laws ban discrimination on the basis of pregnancy; that leave for pregnancy and childbirth are now guaranteed by law in many cases; that the costs of medical care associated with pregnancy are covered by insurance or government assistance; that states have increasingly adopted “safe haven” laws, which generally allow women to drop off babies anonymously; and that a woman who puts her newborn up for adoption today has little reason to fear that the baby will not find a suitable home”. In other words, there is no reason not to have an unplanned or unwanted child; doing so is no big deal.

All of which are callous lies. The right not to bear children isn’t just about respectability for the unmarried, and to frame it that way while ignoring the profound and lasting emotional, psychological and physical as well as financial impact of carrying a pregnancy for nine months and giving birth is outrageous. Discrimination against people who may get pregnant or are pregnant continues despite those laws; many pregnant people continue to lack access to healthcare; and the fact that a baby can be handed over is no justification for being forced to bear it. Furthermore, as another branch of the US government that the supreme court could have consulted reports: “The number of children waiting to be adopted also fell in fiscal year 2020 to 117,000”; the number in foster care was over 400,000.

One of the striking things about the conversation in defense of abortion rights in recent months is the testimony by those who’ve undergone pregnancy, miscarriage and childbirth about how physically grueling and even life-threatening they can be. Pregnancy can incapacitate women for months, which is obviously economically devastating to a poor person working in the gig economy or, say, in a nail salon or a fast-food restaurant. It can be an overwhelming experience, interfering particularly in the ability to perform physical labor: the judge may be able to toil on when the janitor cannot. And a lot of people are making a living through work that is physically demanding.

Another striking new note has been the insistence that we need to stop defining abortion as a stand-alone right and look at the criminalization of pregnancy and motherhood, especially for poor and nonwhite women. “More than 50 women have been prosecuted for child neglect or manslaughter in the United States since 1999 because they tested positive for drug use after a miscarriage or stillbirth,” reported the Marshall Project, while noting that miscarriages are common under all circumstances. “Sentences have ranged from probation to 20 years in prison. Women prosecuted after pregnancy loss are often those least able to defend themselves, the investigation found. They typically work low-paying jobs, are often victims of domestic abuse, have little access to healthcare or drug treatment and rely on court-appointed lawyers who advise them that pleading guilty is their best option.” Too, some women die from pregnancy and childbirth, and thanks to unequal medical care, Black women have the highest incidence of such deaths. Pregnancy and childbirth can also cause permanent physical changes, including lasting pain and disability.

The laws making the most intimate conditions of a body and life subject to legal intrusion are reportedly already preventing pregnant people from seeking healthcare and spreading well-founded fear. Making the administration of an abortion a crime is frightening medical caregivers and interfering with their ability to provide care. Some of the proposed abortion bans would include life-saving abortions, and we have already seen cases in which medical care was withheld until a woman’s life was actively in danger. Women are already being denied prescriptions when those drugs can be used in abortions, another way that taking away abortion rights is turning into a broader loss of rights.

The financial and professional impact of parenting in heterosexual relationships still mostly falls on women. The majority of women who have abortions are already mothers raising kids; we are in a childcare crisis that has, along with the long months schools were shut during the pandemic, crushed a lot of women’s working lives and financial independence.

As Congresswoman Alexandria Ocasio-Cortez noted in late September, “When the powerful force people to give birth against their will, they trap millions in cycles of economic setback and desperation. Especially in a country without guaranteed healthcare. And desperate workers are easier to exploit.” The supreme court majority pretended it was undermining access to reproductive rights because they have no significant impact, but of course the court’s agenda was the opposite: to impose the conditions that make women subordinate in rights and economic status.

How Come ?

In my all things adoption group the question was asked – “If these families are so great, how come kids end up in foster care?” Basically supply chain issues with unfulfilled demand make it necessary to remove children from families ?

The Adoption and Safe Families Act provides federal funds to stage foster care agencies for adoptions out of foster care. In order for children to be adopted out of foster care, there must first be children *in* foster care. In order to obtain this federal funding, the state agency must have more adoptions out of foster care than the previous year, which means the agencies must constantly be increasing the number of children in foster care in order to have them adopted *from* foster care.

There are as many as 100 hopeful adoptive parents waiting for every infant who becomes available, and in order to provide children for those families who are waiting for them, those children must first be removed from their biological families in order to be placed with adoptive families who are waiting to adopt them. Hence, coercion in adoption and foster care. A smaller but still large number of hopeful adopters will fight over a child between the ages of 1-5. After that the ‘demand’ starts to drop off, which is why no one is talking about a shortage in the domestic supply of adoptable teens.

Children are *frequently* removed from families for issues relating to poverty or trauma in the parents, and this is not resolved by taking the children from the parents and forcing the parents to pay into the system that has taken their children from them.

A simplistic way to understand suspicious things going on in the foster care space is often (not always) to look at how different ages of children are treated. Another major question is why children are more likely to be removed from their biological parents than from foster caregivers who are abusive toward those children? Foster carers, social workers, and professionals who work with foster youth are quick to believe a child is lying when it’s about one of them.