Posts Tagged ‘CPS’

Last year in Texas, there were 58,644 confirmed victims of child abuse or neglect. That’s one child victimized every 9 minutes!

60% of these victims were 6 years old or younger!

If these statistics aren’t sobering enough, 48,795 children were in Texas’ child protection system – a system that in December 2015, U.S. District Judge Janis Jack ruled it failed to protect the children in its care – ultimately violating their constitutional right to be free from an unreasonable risk of harm. 

The 2016 Department of Family & Protective Services Data Book revealed that 222 children died due to abuse or neglect! If that many pets were killed from abuse, every news outlet across the country would be reporting on it! But when a child dies from abuse there is rarely more than a blip on the news outlets! 

In 2017 New Hampshire’s nonprofit Court Appointed Special Advocates, or CASA, was named as a defendant in a lawsuit against the state and the Division for Children, Youth & Families for the alleged sexual assaults on two young girls while in DCYF care.

Bedford attorney Rus Rilee sued the state, Easter Seals of New Hampshire and CASA NH on behalf of the adoptive parents of two girls, J.B. and N.B., who were “horrifically” sexually assaulted by their biological parents while the DCYF, CASA and Easter Seals were supposed to be supervising the case, according to the lawsuit. 

The biological parents are serving life prison sentences after they were convicted of assaulting the girls during unsupervised visits arranged by the DCYF and CASA, and videotaping the assaults. The girls were ages 4 and 18 months at the time. 

But Hillsborough County Superior Court Judge Gillian Abramson ruled that the judicial immunity that protects a judge from legal action extends to CASA-NH, because its volunteers act as an arm of the court by advocating for the interests of abused children. Abramson explained that CASA’s role in recruiting, training and supervising volunteers, known as “guardians ad litem,” entitles the organization to the same immunity protections. Attorney Rus Rilee, who represents the children’s grandparents, appealed Abramson’s decision to the New Hampshire Supreme Court. 

In May of 2018 the state had agreed to pay $6.75 million to settle a suit brought by the grandparents of two young girls who were sexually abused by their parents while under the supervision of New Hampshire’s Division for Children, Youth and Families. 

Under the settlement, each child will receive $3.125 million and their grandparents, who have adopted the girls, will receive $500,000. The money will come from the state’s general fund and be released as soon as Hillsborough County Superior Court Judge Gillian Abramson officially signs off on the deal, said Rus Rilee, the attorney representing the family. “They’re not doing well.” Rilee said. “They need serious treatment. And now they’re going to be able to afford it.” 

CASA volunteers, mostly middle class and overwhelmingly white, march into the homes of people who are overwhelmingly poor and disproportionately people of color. Then they pass judgment on the families and recommend whether they should get their children back. Judges routinely rubber-stamp their recommendations. The demographic information, and the information about judges’ behavior, can be found in the most comprehensive study ever done of CASA – a study commissioned by the National CASA Association itself.

But that wasn’t all the study found. As Youth Today reported at the time, the study “delivers some surprisingly damning numbers”:

  • The study found that CASA’s only real accomplishments were to prolong the time children languished in foster care and reduce the chance that the child will be placed with relatives.
  • The study found no evidence that having a CASA on the case does anything to improve child safety—so all that extra foster care is for nothing. 
  • The study found that when a CASA is assigned to a child who is black, the CASA spends, on average, significantly less time on the case. The study also found that CASAs don’t spend as much time on cases as the organization’s public relations may lead people to believe.

CASA volunteers reported spending an average of only 4.3 hours per month on cases involving white children, and 2.67 hours per month on cases involving black children.

No matter how desperately they try to spin the findings, the problem is built into the CASA model itself. So they need a better model.

CASAs still can perform a useful service as mentors to foster children and in advocating for services. But children need a real voice in court, a lawyer with a mandate to fight for what is best for the child, and not what’s most convenient for the courts.

I have experienced this myself when CPS placed our grandson in our care. Over a period of months, a CASA worker only visited us one time—and even then, only spent a few minutes talking to us long enough to sign some papers—and never even spoke to our grandson!

DHHS was even worse. Although our grandson’s pediatrician, the pediatrician’s phycologist, and our grandson’s former therapist all agreed that he needed further therapy, DHHS refused to allow us to take him to therapy. We even offered to pay for his therapy ourselves, but they still refused. Their reason? Our grandson had already graduated six weeks of family and group therapy and therefore did not need more therapy.

I don’t believe these are isolated cases.

When children enter the long-term care of the state, there is a general perception that they’ve been saved, and no further help for them is needed. Nothing could be further from the truth!

The sad reality is that kids languishing in foster care means a lifetime of damage and trauma; and they tend to experience bleak outcomes such as homelessness, incarceration, mental health illnesses and attachment and abandonment issues.

Mahatma Gandhi once said “The true measure of any society can be found in how it treats its most vulnerable members.” If this quote is to be believed, where does that leave us?

Our Broken Justice System

When criminals are brought before judges for sentencing, judges should weigh factors including the severity of the crime, public safety, losses to the victim and a defendant’s efforts to change. But all too often judges hand down light sentences to repeat offenders who often go on to commit even more violent crimes. It has become even more common for judges to hand down probation to those convicted of child sexual abuse.

Our Broken Court System

In June of 2013 an 11 year old girl had been sexually abused by her then step-father. (A third degree Felony) He was later arrested and held on a $250,000.00 bond. Even though a great many pages of documents were submitted to Sarpy County Judge Zastera proving that this man had been physically and emotionally abusive to his children and wife for more than 10 years before he was arrested for child sexual abuse, the judge allowed him to plead guilty to a lesser charge of misdemeanor sexual assault, and only sentenced him to two years probation and required him to register as a sex offender! 

Although Judge Zastera required him to have no contact with his step-daughter, he did allow him to live with his three other biological children. Only ten days after he was released on probation, he was arrested again in Plattsmouth, Nebraska after throwing his then 8 year old daughter across a room and into a wall. The father was later transferred to the Sarpy County jail for violating his probation—after police discovered weapons, drugs, alcohol and pornography in his possession. But he was never charged for abusing his biological daughter! He was then sentenced to less than three months in the Sarpy County jail and then allowed to leave the state; where is allowed to abuse others there.

Judge Zastera has since retired from the bench, but now works as a defense attorney for other sex offenders.

Our Broken Welfare System

Many may ask, “Why didn’t the mother just take her kids and leave?” Many times women who live with an abusive partner don’t leave with the children out of fear of retribution from their partner. Some have even had their abusive partner threaten to kill them and their children if they ever left.

But rather than providing therapy and help for these children and their mother, who all suffer from years of abuse, the children are removed from the home and placed in foster care where they are refused contact with their mother and many times placed in separate foster homes.

In the meantime, the mother suffers even more mental anguish from being separated from her children and may begin to self medicate with drugs or alcohol. This causes CPS to flag the mother as potentially unfit and the children could be removed from her care several times. 

A typical CPS victim family is living below poverty level. Their main concerns have been to take care of their children and make enough money to pay bills each month. They don’t know what the US Constitution says and have never studied laws about child welfare, thus, they are no match for child welfare social workers whose work-life revolves around court cases and separation of children from their families. So long as families are kept confused and “in the dark” about what’s going on, the social workers have a great advantage over them when they go to court.

There has been a great outcry against U.S. Immigration and Customs Enforcement (ICE) for separating young children from their mothers after crossing our borders illegally. Many are calling it inhumane and demanding the dismantling of ICE because of it.  But where is the outrage against Child Protective Services (CPS) and the hundreds of thousands (Yes, thousands) of children separated from their mothers and siblings? 

In 2016, over 687,000 children spent time in U.S. foster care. In June of 2017, the child welfare system in Nebraska had 4,123 children in foster care. And the numbers keep rising. But instead of being safely reunified with their families, many of these children will languish for years in foster homes or institutions. Nebraska historically has removed children at one of the highest rates in the nation. 

Recently the Omaha World Herald reported that state auditors are calling into question more than $26 million worth of Nebraska child welfare spending from last year. The audit also discovered that a state ward was placed in the home of a foster parent whose son was the ward’s boyfriend—even though the boyfriend was convicted of sexual assault in 2011!

HHS agreed that with the auditors that some matters needed correcting, but disputed key findings in the audit. Isn’t placing a child in the home of someone convicted of sexual assault a key finding? 

Foster Care And Minority Children

Racial and ethnic minority children are overrepresented in the number of children in foster care. African American children, Native American children, and children of two or more racial backgrounds are more likely to be in foster care. Even more striking, the time spent in foster care increases for minority children with two or more racial backgrounds. This is a troubling and complex situation.

The Foster Care Review Office data on DHHS wards indicate that minority children are also more likely to be separated from their siblings during their time in care. This is particularly true for African American children and Native American children. But once children are in the foster care system, there is little variation in well-being by race. Many children of all races struggle with a variety of issues related to being in foster care. 

National research shows that children who experience four or more changes in placement are likely to suffer permanent damage from the instability and trauma of broken attachments.

The American child welfare systems is badly broken—and the children are the ones who suffer serious harm as a result. Some will be separated from their siblings. Others will be bounced from one foster home to another, never knowing when their lives will be uprooted next. Too many will be further abused in systems that are supposed to protect them.

Caseworker turnover produces another source of instability. Among the Nebraska cases reviewed, 16.8 percent of children had five or more caseworkers while in their latest episode of foster care. An additional 36.8 percent had three or four caseworkers! 

So it’s no wonder so many children fall through the cracks! It was reported that at least 50 Nebraska children—some as young as 4 years old—have suffered from sexual abuse while in the state’s care. And that’s just in the first 4 months of this year! 

For-Profit Foster Care

For-profit foster care homes were originally created to replace government-funded foster homes. For-profit programs are generally revered because they can cut the corners and costs that public systems can’t. But those corners are generally very important and critical for the wellbeing of children. And when corners are cut, it generally means that those who are supposed to care and provide for children are under qualified, not background-checked, and occasionally criminal. In 2013, the LA Times reported that children living in private, for-profit foster care are 33 percent more likely to experience abuse—be it physical, sexual or emotional.

The Omaha World Herald reported that for five years Nebraska has tried privatized foster care; and it has been a terrible failure. A study compared results achieved by state child welfare workers and by the Nebraska Families Collaborative, the private agency that manages child welfare cases in the Omaha area. It found no cost savings and no significant difference—either positive or negative—in outcomes for children and families. “Privatization promised better outcomes at a lower cost, and that has not happened,” the authors wrote in their report. “It was, perhaps, a worthy experiment, but it has failed.” And yet the Nebraska State Legislature continues to be unable to reach a common sense solution for the child welfare problem in our state.

What does the Bible say about this?

The Bible does not specifically use the term child abuse. What the Bible does tell us is this: children have a special place in God’s heart and anyone who harms a child is inviting God’s wrath upon himself. When Jesus’ disciples tried to keep children from coming to Jesus, he rebuked them and welcomed the children to his side, saying, “Let the little children come to me and do not hinder them for the kingdom of God belongs to such as these.” (Mark 10:14) Then Jesus took the children in His arms and blessed them. (verse 16) The Bible promotes child blessing—not child abuse.

Children are abused and mistreated in several different ways, all of which are abhorrent to God. The Bible prohibits child abuse in its warnings against improper treatment. Though healthy forms of discipline are biblically acceptable, such discipline should never be administered as physical punishment. There is no place for uncontrolled anger when dealing with children.

The Bible also prohibits child sexual abuse in its condemnation of sexual sin. Sexual abuse or molestation is particularly devastating, and warnings against sexual sin abound in Scripture. To force sexual acts upon a child is a horrible, evil offense. 

In addition to committing a sexual sin, the perpetrator is also attacking the innocence of one of the world’s most vulnerable persons. Sexual abuse violates everything about a person from his or her understanding of self to physical boundaries to spiritual connection with God. In a child, these things are so barely established that they are often altered for life and without appropriate help, may not ever heal.

Another way the Bible prohibits child abuse is in its forbidding of psychological and emotional abuse. Ephesians 6:4 warns fathers not to “exasperate” or provoke their children but to bring them up in the “training and instruction of the Lord.” Harsh, unloving verbal discipline, emotional manipulation, or volatile environments alienate children’s minds from their parents and render their instruction and correction useless. 

It has been well documented that many foster parents provoke and exasperate their foster children by placing unreasonable requirements on them, belittling them, or constantly finding fault, thereby producing wounds that can be as bad as or worse than any physical beating can inflict. Colossians 3:21 tells us not to “embitter” our children so they will not become discouraged. Ephesians 4:15–19 says we are to speak the truth in love and use our words to build others up, not allow destructive words to pour from our lips—especially toward the tender hearts and minds of children. Child abuse in any form is evil. 

We are told that if we witness injustice that we are to write to our senators and other lawmakers to make our voice heard. In the past I have written to over 20 state senators pleading with them to do something to protect our children from predators that they are forced to live with—either in their own homes or in foster care—by placing restrictions on those who have been convicted of child sexual abuse. Currently, Nebraska has no restrictions on sex offenders of any kind, so being required to register as a sex offender means nothing. The few who responded: Governor Pete Ricketts, Senators Patty Pansing Brooks, Brett Lindstrom, John McCollister, and Sara Howard, told me that there was nothing they could do.

Nothing they can do? According to the Nebraska Legislature website, a senator is called, among other things to: “…right injustices involving the public; establish state policy by introducing bills to create new programs, modify existing programs, and repeal laws which are no longer needed; study problems between sessions and determine whether legislative solutions are needed to correct them…”

 CPS, the court system, the broken foster care system and lawmakers who refuse to protect our children and allow them to receive justice are just as guilty as the one who abuse them. Jesus said, “…But if you cause one of these little ones who trusts in me to fall into sin, it would be better for you to have a large millstone tied around your neck and be drowned in the depths of the sea. (Matthew 18:6)

But it’s not just CPS, the court system, the broken foster care system and lawmakers that are to blame. Anyone who has witnessed, or know of a child being abused and does nothing are as guilty as those in the broken foster care system who refuse to protect our children. “If someone sins by failing to testify when he hears a public charge about something he has witnessed, whether he has seen it or learned of it, he shall bear the iniquity.” (Leviticus 5:1) 

God’s Justice

The Bible is very clear about refusing to report the crime of child abuse: “Give justice to the weak and the fatherless; maintain the right of the afflicted and the destitute. Rescue the weak and the needy; deliver them from the hand of the wicked.” (Psalm 82:3-4) “Rescue those who are being taken away to death; hold back those who are stumbling to the slaughter. If you say, ‘Behold, we did not know this’, does not he who weighs the heart perceive it? Does not he who keeps watch over your soul know it, and will he not repay man according to his work? (Proverbs 24:11-12)

Today, Jesus might well say, “I was hungry and you gave me no food; I was thirsty and you gave me no drink; I was a stranger and you did not welcome me; afraid, abused and in foster care and you did not visit me. Truly, I say to you, when you did not do it to one of the least of these, you did not do it to me.” 

The Bible reveals that all of mankind’s systems of government will one day be wiped away. This will happen at the return of Jesus the Messiah, which is detailed throughout God’s Word.  “In the time of those kings, the God of heaven will set up a kingdom that will never be destroyed, nor will it be left to another people. It will crush all those kingdoms and bring them to an end, but it will itself endure forever.” (Dan. 2:44) See also: Revelations 11:15; Obadiah 1:21; Zechariah 14:9

Unlike our current government system, the kingdom of God will not be “left to another people”.  It will not be based upon the ideas of man. This government—the kingdom of God—will be built upon God’s Law, which will be administered perfectly. This newly established kingdom will solve mankind’s most persistent problems, which stem from its flawed systems and governments. But until that day comes, we have an obligation to be a voice for those who are afraid to speak.