Hard Times Don’t Come Around No More

Both of my parents were Great Depression babies – born 1935 and 1937. For that fact alone, it isn’t a wonder they both ended up adopted, though the reasons are much more complicated than that. But certainly, financial hardship in the lives of my two original grandmothers is the key factor.

So this is on my mind this morning after watching Angela’s Ashes on dvd last night and being reminded of the song – Hard Times Don’t Come Around No More written by Stephen Foster and published in 1854. Some of the lyrics – While we all sup sorrow with the poor, Many a days you have lingered around my cabin door, There are frail forms fainting at the door, Though their voices are silent, their pleading looks will say, There’s a pale weeping maiden who toils her life away, With a worn heart whose better days are o’er: Though her voice would be merry, ’tis sighing all the day, Oh! Hard times come again no more.

So what was it like in the 1930s ?, was a question on my mind this morning. The Great Depression was the worst economic downturn in modern history at the time it occurred. It profoundly affected the daily life of American families in ways large and small. The bleakest point was about 1933 or 34.

The life of a child in the 1930s was very different than a child’s life today. With the Great Depression, children and their families were greatly impacted—millions lived in poverty and had very little to eat, let alone money to spare for entertainment. Times were tough everywhere, and an additional mouth to feed was a burden. Certainly, I believe that both of my grandmothers encountered this mind set when they were seeking aid with their newborn babies.

Food was scarce for a lot of families and many children suffered from malnutrition. As we were watching children die in Angela’s Ashes my husband said, it is the lack of nutrition that makes it impossible for them to fight off diseases.

My maternal grandmother’s childhood family did live on a farm that was not ravaged by the Dust Bowl being west of Memphis in the rural countryside. They probably did grow a variety of crops and raised small amounts of livestock to survive. During the Depression, casseroles and meals like creamed chipped beef on toast, chili, macaroni and cheese, and creamed chicken on biscuits were popular. Jello was actually considered a cheap protein source (had to believe it would be viewed as that – one serving only has 1.6 grams of protein and the equivalent of 4-1/2 tsp of sugar !!) But Jello still found its way into many cookbooks during the Depression. Potlucks were often organized by churches to share food and provide a cheap form of social entertainment. The board games Scrabble and Monopoly were introduced during the 1930s. Both of which my own family has played recently.

Economic struggle caused mothers to leave the home for work and children to leave school for work as a breakdown in child labor law enforcement occurred. My paternal grandmother was put to work in the Rayon mills in Asheville NC to help support her family. A quarter of the US workforce was unemployed. Those that were lucky enough to have steady employment often saw their wages cut or their hours reduced to part-time. With record unemployment, children competed for jobs with their elders to help contribute to their family’s income, often forgoing further schooling. Many children were technically self-employed, collecting junk to sell or doing odd jobs for neighbors.

The stress of financial strain took a psychological toll—especially on men who were suddenly unable to provide for their families. The national suicide rate rose to an all-time high in 1933. Marriages became strained, though many couples could not afford to separate. Some men deserted their families out of embarrassment or frustration: This was sometimes called a “poor man’s divorce.” So, was this what my paternal grandfather chose when faced with yet another child on the way ? Is this why he failed to show up for my grandmother and mom when they returned to Memphis after her birth in Virginia (where she was sent away to avoid embarrassment for her father, even though she really was a married woman).

Disadvantaged families couldn’t afford much for their children, so most of their clothes were cast offs and children often went barefoot. Most middle-income boys wore t-shirts with overalls and girls wore blouses and plain dresses. Both would have one pair of shoes and an outfit for special occasions. The Depression-era motto was: “Use it up, wear it out, make do or do without.” I definitely saw these effects in the lives of my in-laws (both born in 1921) and on my dad’s adoptive parents.

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.