Shame On You Missouri

Whose Money Is It ?

From an article in the Missouri Independent, LINK>Legislation aims to stop Missouri from seizing federal benefits owed to foster kids. Turns out Missouri’s child welfare agency took at least $6.1 million in foster kids’ benefits last year to reimburse itself for the cost of providing care. Of course they did !! Missouri’s practice of taking millions of dollars in Social Security benefits owed to foster kids to defray the cost of providing care could come to an end under legislation debated last week in a House committee. The state took at least $6.1 million in foster kids’ benefits last year — generally Social Security benefits for those with disabilities or whose parents have died — to reimburse itself for agency costs.

It’s a decades-long practice that has come under increased scrutiny across the country over the last few years. Several states, including Arizona, New Mexico and Oregon, have stopped the practice. Fifteen states and cities have, according to NPR, “taken steps to preserve the money of foster youth.” Nationally, state leaders have raised concerns they wouldn’t be able to fill in the budget gap left by abolishing the practice. California’s governor last year vetoed a bill that would’ve halted the practice, saying it would have cost too much.

If the legislation actually passes (a big IF in this state), the division could use the funds for the child’s “unmet needs” beyond what the division is obligated to pay, such as housing as the child prepares to age out of foster care. The state would also be required to ensure the account in which the child’s benefits are deposited is set up in a way that doesn’t interfere with federal asset limits.

“This money is important for their future,” Rep Hannah Kelly of Mountain Grove said. She has been a foster parent in the past. The hearing was in a House Children and Families committee. “We have a responsibility to make sure that it is safeguarded for their future.”

The state withheld $8.1 million in foster kids’ benefits in 2018, $7.9 million in 2020 and $7.1 million in 2022, according to data shared at the House Children and Families committee. State agencies are allowed to be designated as the payee for kids in their custody, though nationally it’s been documented that kids aren’t always informed the state is receiving their benefits. The main federal benefits at issue are through Social Security: Supplemental Security Income for those with disabilities and survivor’s benefits for those who have a parent who has died. Kelly’s bill also includes benefits issued by the Railroad Retirement Board and Veterans Administration.

Around 10% of foster kids are entitled to Social Security benefits for survivors or those with severe disabilities, national reports have estimated. That would mean somewhere around 1,200 kids are eligible yearly in Missouri. The result of the practice is that kids who are orphaned or have disabilities are responsible for paying toward the cost of their care in state custody, while foster kids who are ineligible for those benefits pay nothing. “No child really wants to be in foster care,” said Rep Raychel Proudie of St. Louis, “…to make them pay for it is just absolutely egregious. We don’t usually make children pay for their care under any other circumstance.”

The state uses the money to pay for routine foster care costs, though agency staff did not provide details when asked by lawmakers about those specific expenditures. In other states, it’s used to help offset the money states pay foster parents and group homes, for instance, for costs like housing and food. The bill would prohibit that practice, so the agency would only be able to use the money to pay for things outside the bounds of their obligations, such as tuition, transportation, technology or housing.

A foster father, Jason White, testified at the House hearing that his foster child, now 20, “has exactly zero dollars to his name,” which he said would not be true if the state had put his federal benefits money into an account. The state is supposed to provide a quarterly accounting of how it is using a child’s money but White said in practice that hasn’t happened. He has no record of where his foster child’s benefits went.

Madison Eacret, lobbyist for the nonprofit social service organization FosterAdopt Connect, said the annual social security disability benefit per child is around $10,000: equivalent to “two years of books and supplies for college, 10 months of rent for a one bedroom, nine to 12 months of child care for a young child, or four years of SNAP benefits. Currently the vast majority of foster youth beneficiaries including those in Missouri never see a dollar of this money, and they don’t even know that someone has applied for their benefits.”

Mary Chant, CEO of Missouri Coalition for Children, said the money could help foster youth who age out of the system and can become homeless. “This funding would make a considerable difference in helping youth better position themselves for independence. This money belongs with the child.”

Adoption Fragility

Fragility is often called out in regard to adoptive parents. Today’s blog was inspired by a mother who lost her child to adoption. This mother admits – I am also fragile. It’s often pointed out in response to an adoptive parent’s fragility. I am working on this. What is helping is getting all the adoption conditioning out of my body, heart, mind and soul. It’s deep and intense yet this work is helping.

My image above came from a Facebook page called LINK>The Open Adoption Project which focuses on improving adoptee experiences by encouraging open communication. Regarding this situation, they say “Sometimes, tragedy turns to triumph.” They note, Stevoni, the mom that Aymee is referring to, was struggling with drug addiction when her kids were removed from her care and placed with her ex-husband’s wife, Aymee. Stevoni’s parental rights were eventually terminated. Aymee adopted the kids. There were years of struggle and heartache with Stevoni going in and out of prison. Stevoni and Aymee eventually laid aside their differences for the kids. The Open Adoption Project says the two have formed one of the most admirable open adoptions we’ve seen. Stevoni now helps incarcerated individuals recover from their own addictions and is an active part of her kids’ lives.

So back to the original comment – Adoptive parents often get called out regarding their fragility. She says, I rarely see them change. Then, goes on to share her theory (while hoping she’s wrong).

Emotional manipulation of your adopted child/adult (withholding important information from them in relation to their biological family, guilt trips, passive aggressive behavior, savorism, jealousy, ownership, etc) is not because you are blind to your mind games, these behaviors are intentional.

Why? Perhaps because it is dynamic and this behavior has been in place from Day 1. The adopted child is groomed to feel responsible for your feelings. You like this dynamic because it makes you feel better.

Here’s the thing. Mind games are not Love. So if you are fragile and choosing to not deal with it, this is not love. It’s dysfunctional and extremely harmful. If you truly love your adopted kids, work on this. It’s not that hard but it does take work.

I spent a week in Oregon at Jean Houston’s house and she talked about that John Lennon song, Mind Games. The lyrics reflected John’s interest in a book with that title by Robert Masters and Jean Houston. The book stressed tapping into our mental potential to effect global change. So, just because, here is the song.

My Life’s Purpose

In 2012, I participated in an online course with Jean Houston titled Awakening to Your Life’s Purpose. In 2016, I spent a week at her home in Oregon with other participants attending what was titled Electing Yourself. I remember that she was certain that Trump would not be elected but as we all know, he was (regardless of how one might interpret the validity of his election).

In the August 2016 Salon, I took the “hot seat” and commented that I had not discovered my Life’s Purpose previously. I didn’t discover it at that Salon either.

But beginning in the fall of 2017, I began a personal roots journey to discover who my genetic grandparents were, since both of my parents were adoptees and both died with almost no knowledge of their origins (1930s closed, sealed adoptions). I succeeded beyond any of my wildest dreams and now feel whole in ways I did not feel for almost 6 decades of my life. Now that I and my related family members know who these people were, no one can take that back away from any of us. I am still integrating my own new awareness and this has had to include re-owning my relatives via adoption. Once I knew my family’s truths, for awhile, the adoptive family no longer felt “real” to me. Now I can embrace all of them (personally known and never having met) as important in my own lifetime.

Part of that new understanding was realizing what a minor miracle it was that my unwed, high school student mother had not been forced to give me up for adoption.

I believe I was preserved in the family I was conceived within to reconnect the severed threads of my family’s origins. Having done that, I continue to educate myself about all things adoption and that has led me to write this daily blog (with some gaps unavoidably occurring). Sometimes, I think I have written enough, sharing what I learn with anyone else who is interested for whatever reason. But there always seems to be something more to say. My daughter once said to me – it seems like you are on a mission. I accept that is true – I do what I can to spread the word about the trauma and unintended consequences experienced by adopted persons. Until there isn’t anything more to share, I will continue to write here.

The late Dr Wayne Dyer wrote in Staying on the Path, pg 68 – “A purpose is not something that you’re going to find. It’s something that will find you. And it will find you only when you’re ready and not before.” Dr Dyer actually died just before my own mother did in 2015. My dad died a short 4 months later. They had been high school sweethearts and remained married for over 50 years. Both were gone before I could share my own family origin discoveries with them.

Small Sacrifices

A friend commented on a music video I posted to Facebook inspired by today’s full moon, known as the Wolf Moon, this – Unfortunately, that song always reminds me of the woman who shot her kids to be with a married man. This song was said to be one of her favorites. Yikes !! Talk about unintended consequences . . .

It does appear that my friend was at least correct that a natural mother (not the first time as the news goes in general) shot her own children and then made up a story to cover for the deed – She claimed she was carjacked on a rural road near Springfield by a strange man who shot her and the children. Upon arrival at the hospital, the oldest child, Cheryl who was age 7, was already dead. The youngest, Danny age 3 was paralyzed from the waist down. The second child, Christie age 8 had suffered a disabling stroke. The mother had been shot in the left forearm.

In 1973, she had married a man she met in high school. Her first child was born in 1974. The next in 1976 and the youngest in 1979. However the couple divorced in 1980 because the husband suspected the youngest child was not his but the product of an extramarital affair of his wife’s. The prosecution argued that the mother had shot her children, so she could continue her affair with a married man who did not want children.

Sometimes, a parent really is not fit to raise their children. In prison, the woman was diagnosed with narcissistic, histrionic, antisocial personality disorders and labeled a “deviant sociopath”. And the judge intends that he dies not intend for the mother to ever be released from prison in her lifetime. The two surviving children went on to live with the lead prosecutor and his wife, who adopted them in 1986. Prior to her arrest, the mother became pregnant with a fourth child. She gave birth to a girl, who was seized by the State of Oregon and adopted. That girl has appeared on national television saying that she regards her mother as “a monster.”

All You Can Ever Know

With Asians on my mind this morning, I stumbled on this book when an essay in Time magazine titled “My adoption didn’t make me less Korean” got my attention. I can not locate a digital link for this (I will share some excerpts – her own words about being Asian at this fraught time – later in this blog). In my all things adoption group, there have been a number of Korean adoptees. The international adoption of Korean children by Americans was the result of a large number of orphaned mixed children from the Korean War after 1953. That is not Nicole’s story.

In looking for her book, I found a New Yorker review by Katy Waldman – Nicole Chung’s Adoption Memoir, “All You Can Ever Know,” Is an Ode to Sisterly Love. Like many adoptees, her parents believed she was a gift from God. Like many transracial adoptees, growing up among white, Catholic Oregonians in the eighties and nineties, students teased her for being adopted and for looking “different.”

Her adoptive mother couldn’t tell her much about her original parents. They “had just moved here from Korea” and “thought they wouldn’t be able to give you the life you deserved.” This brief story, one of love and sadness and altruism, “may be all you can ever know,” her mother told her.

After a protracted and unglamorous process of filing paperwork and wrangling lawyers, she finally uncovered the reality of her original genetic family, the Chungs. She discovered an older sister, Cindy. Sadly, her sister had been physically abused by their natural mother. She learned that her parents are divorced and not speaking to one another. Her birth father had told Cindy that Nicole had died.

Nicole explains why having a baby mattered to her so much, “I wouldn’t be alone anymore. There would be someone who was connected to me in a way no one else had ever been.” For her memoir, Chung wanted to explore “the quiet drama of the everyday adopted experience.”

Remembering the fiction she scribbled down as a kid, Chung writes that she “found a measure of previously unknown power” in envisioning “places where someone like me could be happy, accepted, normal.”

From Chung’s Time essay – What her adoptive parents struggled with was to fully and consistently see and understand her as a Korean American woman. She doesn’t blame them for this, she notes – “Acknowledging it flew in the face of everything ‘experts’ had told them when they adopted me in the early 1980s – the adoption agency, the social worker, the judge had all maintained that it wouldn’t, shouldn’t matter.” She shares the things they would say to be color-blind with her.

She also notes – “Often, people who’ve read my memoir will note my white family’s ‘color-blind’ approach and ask whether this led to me thinking of myself as white. My answer is always swift, unequivocal: no, I never thought I was white.” However, she goes on to say her adoptive parents did “assume that I’d be protected from racism because the world would see me as they did – their child, no more, no less – and as my race was irrelevant to them, they could not imagine anyone else caring about it either.”

She says, “While my adoptive family saw me as almost raceless and therefore safe from racists, I lived every day from the age of 7, when I heard my first slur from a classmate, understanding that my Korean face made me hypervisible where we lived – and that it could also make me a target.”

This startled me. I cannot imagine children that age knowing racial slurs. Then, I remember reading once that children learn racism in the family. I thought about WWII, the Korean War and more recently the Vietnam War. I could believe that some returning veterans, having done battle with Asians, might have brought bias home with them.

Chung describes how from the start of the pandemic and racial scapegoating, she has thought of other Asian American kids growing up in white families and white spaces, even as she knows their experiences are not interchangeable. She says, “I know it can feel like a unique burden when you witness or experience racism in a kind of isolation, unable to retreat and process your rage or sorrow with people who also know what it’s like to live in an Asian body.”

She speaks of the experiences of transracial adoptees – “asking, sometimes begging our adoptive relatives to acknowledge our experiences; to stand with us; to challenge the racism endemic in our society as well as our own families and communities.”

Her adoptive parents have died. She says, “I’ve had to accept that there are questions I’ll never get answers to, things we’ll never be able to settle. That my parents didn’t entirely understand or accept my racial reality will always be with me, part of my adoption story.”

In her final thoughts she says, “I know the last thing either of my parents would have wanted was for me to despair, or live my life in fear. And so, for their sake and my own, I won’t.”

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.

Open Records And Abortion

Thankfully, I finally know mine. No thanks to Virginia, Arizona and California. If Tennessee had not been rocked by a baby stealing and selling scandal (Georgia Tann, the baby thief, of the Tennessee Children’s Home Society at Memphis), I would not have been able to get my mom’s adoption file and see a photo of my maternal grandmother.

I have DNA and the matching sites at Ancestry and 23 and Me to thank for my success. It really shouldn’t be so hard to know one’s hereditary origins.

I personally think the main impediment is bureaucratic laziness. However, there is also the strange argument that giving adoptees the same right to know where they come from that most everyone else on the planet has would somehow increase the number of abortions. Therefore, the closed and sealed records advocates (mostly adoptive parents who fear competition from the original parents) have enlisted the pro-Life contingent to help their cause.

The facts don’t support them. Case in point is the state of Oregon who was one of the first closed record states to open them back up (Alaska and Kansas always had open records). The rate of abortions actually decreased 25% after the state of Oregon passed its historic adoption law that restored to adult adoptees access to their original birth certificates.

Know this – just because you have taken a stand on abortion, does not automatically give you an understanding of everything you need to know about the issues related to adoption.