Texas Since 2004, the
Texas Department of Family and Protective Services had itself been an object of reports of unusual numbers of poisonings, deaths, rapes and pregnancies of children under its care. The Texas Family and Protective Services Crisis Management Team was created by executive order after the critical report Forgotten Children of 2004. In late 2010 or early 2011, doctors became aware that two out of three children in a family had very small rib fractures. The doctors called CPS and it was agreed the parents could still have full custody until further notice, but that all three children would stay with relatives until an investigation was complete. However, soon after, for no apparent reason the people at CPS in charge of the case held a hearing with a judge about whether the parents should still have custody. People at CPS did not tell the parents or their attorney about the hearing, and they did not tell the judge the children had already been removed from the home. The judge took away the parents' custody, so the children could be removed from the home – he thought the situation was an emergency. People at CPS waited until business hours were nearly over to tell the parents they had lost custody. The parents and their attorney hired a medical professional who testified that the very small rib fractures, which had no evidence of internal bleeding or bruising, could have been from accidents. Eventually, the same judge who took away custody based on misinformation ordered CPS to pay $32,000, and he ordered the people in charge of the case to write a report about when they are and are not allowed to have a custody hearing. It is rare, but not unheard of, for CPS to be punished by a court in Texas.
2008 Raid of YFZ Ranch In April 2008, the largest child protection action in American history raised questions as the CPS in Texas removed hundreds of minor children, infants, and women incorrectly believed to be children from the
YFZ Ranch polygamist community, with the assistance of heavily armed police with an armored personnel carrier. Investigators, including supervisor
Angie Voss convinced a judge that all of the children were at risk of child abuse because they were all being groomed for under-age marriage. The state supreme court disagreed, releasing most children back to their families. Investigations would result in criminal charges against some men in the community. Gene Grounds of Victim Relief Ministries commended CPS workers in the Texas operation as exhibiting compassion, professionalism and caring concern. However, CPS performance was questioned by workers from the Hill Country Community Mental Health-Mental Retardation Center. One wrote "I have never seen women and children treated this poorly, not to mention their civil rights being disregarded in this manner" after assisting at the emergency shelter. Others who were previously forbidden to discuss conditions working with CPS later produced unsigned written reports expressed anger at the CPS traumatizing the children, and disregarding rights of mothers who appeared to be good parents of healthy, well-behaved children. CPS threatened some MHMR workers with arrest, and the entire mental health support was dismissed the second week due to being "too compassionate". Workers believed poor sanitary conditions at the shelter allowed
respiratory infections and
chicken pox to spread.
CPS problem reports The
Texas Department of Family and Protective Services, as with other states, had itself been an object of reports of unusual numbers of poisonings, death, rapes and pregnancies of children under its care since 2004. The Texas Family and Protective Services Crisis Management Team was created by executive order after the critical report Forgotten Children of 2004. Texas Comptroller Carole Keeton Strayhorn made a statement in 2006 about the Texas foster care system. In Fiscal 2003, 2004 and 2005, respectively 30, 38 and 48 foster children died in the state's care. The number of foster children in the state's care increased 24 percent to 32,474 in Fiscal 2005, while the number of deaths increased 60 percent. Compared to the general population, a child is four times more likely to die in the Texas foster care system. In 2004, about 100 children were treated for poisoning from medications; 63 were treated for rape that occurred while under state care, including four-year-old twin boys, and 142 children gave birth, though others believe Ms. Strayhorn's report was not scientifically researched, and that major reforms need to be put in place to assure that children in the conservatorship of the state get as much attention as those at risk in their homes.
Disproportionality and disparity in the child welfare system In the United States, data suggests that a disproportionate number of minority children, particularly African American and
Native American children, enter the foster care system. National data in the United States provides evidence that disproportionality may vary throughout the course of a child's involvement with the child welfare system. Differing rates of disproportionality are seen at key decision points including the reporting of abuse, substantiation of abuse, and placement into foster care. Additionally, once they enter foster care, research suggests that they are likely to remain in care longer. Research has shown that there is no difference in the rate of abuse and neglect among minority populations when compared to Caucasian children that would account for the disparity. The juvenile justice system has also been challenged by disproportionate negative contact of minority children. Some literature suggests disproportionate state interefence into marginalized families reinforces existing disparities. Because of the overlap in these systems, it is likely that this phenomenon within multiple systems may be related. Other scholars have pointed out that these recorded disparities emerge from the history, structure, and nature of child welfare institutions today. Professor Elizabeth D. Katz of the University of Florida Levin College of Law conducted a historical survey of the development of child placement systems in the United States from the colonial era. The study confirmed the extensive participation of faith-based organizations in the formation of early orphanages and pieced together historical sources to show how private institutions created a system that exacerbated disparities in the quality of services available to dependent children depending on their religion, race, or gender. Because of the overlap in these systems, it is likely that this phenomenon within multiple systems may be related. The
American Journal of Public Health estimate that 37.4% of all children experience a child protective services investigation by age 18 years. Consistent with previous literature, they found a higher rate for African American children (53.0%) and the lowest rate for Asians and Pacific Islanders (10.2%). They conclude child maltreatment investigations are more common than is generally recognized when viewed across the lifespan. Building on other recent work, such data suggest a critical need for increased preventative and treatment resources in the area of child maltreatment.
Constitutional issues In May 2007, the
United States Court of Appeals for the Ninth Circuit found in
Rogers v. County of San Joaquin, No. 05-16071 that a CPS social worker who removed children from their natural parents into foster care without obtaining judicial authorization was acting without due process and without exigency (emergency conditions) violated the 14th Amendment and Title 42 United States Code Section 1983. The
Fourteenth Amendment to the United States Constitution says that a state may not make a law that abridges "... the privileges or immunities of citizens of the United States" and no state may "deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws". states that citizens can sue in
federal courts any person who acting under a
color of law to deprive the citizens of their civil rights under the pretext of a regulation of a state. In the case of
Santosky v. Kramer, 455 US 745 (1982), the
Supreme Court reviewed a case when the Department of Social Services removed two younger children from their natural parents only because the parents had been previously found negligent toward their oldest daughter. When the third child was only three days old, the DSS transferred him to a foster home on the ground that immediate removal was necessary to avoid imminent danger to his life or health. The Supreme Court vacated previous judgment and stated: "Before a State may sever completely and irrevocably the rights of parents in their natural child, due process requires that the State support its allegations by at least clear and convincing evidence. But until the State proves parental unfitness, the child and their parents share a vital interest in preventing erroneous termination of their natural relationship." The previous judgment granting the foster mother's adoption petition was reversed, the case remanded to the trial court to vacate the orders granting adoption and denying custody, and to enter an order granting custody to the child's relative.
Notable lawsuits In 2010, an ex-foster child was awarded $30 million by jury trial in
Santa Clara County, California for sexual abuse damages that happened to him in foster home from 1995 to 1999; he was represented by attorney Stephen John Estey. The foster parent, John Jackson, was licensed by state despite the fact that he abused his own wife and son, overdosed on drugs and was arrested for drunken driving. In 2006, Jackson was convicted in Santa Clara County of nine counts of lewd or lascivious acts on a child by force, violence, duress, menace and fear and seven counts of lewd or lascivious acts on a child under 14, according to the Santa Clara County District Attorney's Office. In 2009, the
Oregon Department of Human Services agreed to pay $2 million into a fund for the future care of twins who were allegedly abused by their foster parents; it was the largest such settlement in the agency's history. According to the
civil rights suit filed on request of twins' adoptive mother in December 2007 in
U.S. Federal Court, children were kept in makeshift cages—cribs covered with chicken wire secured by duct tape—in a darkened bedroom known as "the dungeon". The brother and sister often went without food, water or human touch. The boy, who had a shunt put into his head at birth to drain fluid, did not receive medical attention, so when police rescued the twins he was nearly comatose. The same foster family previously took in their care hundreds of other children over nearly four decades. The DHS said the foster parents deceived child welfare workers during the checkup visits. Similarly, in 2007,
Florida's DCF paid $1.2 million to settle a lawsuit that alleged the DCF ignored complaints that another mentally challenged Immokalee girl was being raped by her foster father, Bonifacio Velazquez, until the 15-year-old gave birth to a child. In 1999, a
class action lawsuit Charlie and Nadine H. v. Christie was filed in
federal court by "Children's Rights" a national advocacy group working to reform child welfare. According to their website, "Children’s Rights filed this class action lawsuit in 1999 on behalf of more than 11,000 children in New Jersey’s child welfare system." The case resulted in court-ordered improvements. After continued advocacy and a contempt motion against the state, "In January of 2006...Governor Corzine announced the creation of a new cabinet-level children’s agency..." Children's Rights further publishes that, "Since then, New Jersey has made significant progress in implementing the first phase of the massive reform effort. DYFS is recruiting and licensing more foster parents; caseworkers are better trained and have more manageable caseloads; and in 2007 New Jersey broke its own record for the most adoptions finalized in one year. However, significant challenges lie ahead..." In 2007, with Shawn McMillan as her lead trial attorney, Deanna Fogarty-Hardwick obtained a jury verdict against
Orange County, California and two of its social workers for violating her Fourteenth Amendment rights to familial association. The $4.9 million verdict grew to a $9.5 million judgment as the county lost each of its successive appeals. During the appeals process it was argued by the defense attorneys that the caseworkers had a right to fabricate evidence and lie to the court in order to facilitate the continued removal of the child from her family. This case, which has come to be called the "right to lie" case set a precedent of how caseworkers can handle cases to which they are assigned. It was adamantly argued, by the defense, that caseworkers should be allowed to make up things in order to sway the judges decision to remove a child from his or her fit parents. The defense attorney even tried to justify the right of the caseworkers to lie saying that the statutes which cover perjury are "state statutes". In 2018, Rafaelina Duval obtained a jury verdict against
Los Angeles County, California and two of its social workers for an unwarranted seizure of her child. The board of supervisors approved a $6 million payout for Duval, who said her 15-month-old baby was seized by county social workers against her rights.
Illinois Illinois Children and Family Services plays an important part in investigating and restoring children and families in order to better a society. As the Children Abused and Neglected Child Reporting Act of Illinois states, that upon receiving a report it is the responsibility of Department of Children and Families Services to conserve the health and safety of the child in any circumstances where the children experience abuse and neglect. Protective assistance to the child should be provided in order to maintain a proper mental health and psychological state for the child; which includes preserving family life whenever possible. Sadly, in the most extreme cases, child abuse results in the death of a child. In 2016, there were 64 child maltreatment deaths reported in Illinois—a rate of 2.19 per 100,000 children (U.S. DHHS, 2018). From 2012 to 2016, Illinois' reported annual maltreatment-related deaths have been as high as 105 and as low as 64, with a decrease every year since 2014.
CPS investigations, services and removals CPS services differ in different states. In most states in the US CPS services include investigation, supports and safety plans to keep children with families, and removal with a plan of reunification if safety is unachievable with support. For a child to be removed from their family they must be in imminent danger (in which case the removal is typically done by law enforcement) or the family has not been able to achieve the goals of the safety plan set up between them and CPS. Many calls made to CPS by mandated reporters or civilians are "evaluated out" meaning they do not rise to the level of CPS involvement. For CPS to remove a child, they must obtain a warrant from the Superior Court, and within three day must prove to the court that they have enough evidence to continue with custody. CPS workers have an ethical obligation to tell the truth and to work to protect children first and foremost. Most successful non-removal and reunification cases include the family actively using the child and family team and services offered in order to address concerns. When a child is removed from the home the removing agency must make active efforts identify a relative or non-related extended family member who is willing to become the caregiver while the family is working on reunification. If no kin meeting state regulations is identified, the child will be placed with a foster family who has been recruited and specially trained and who know that they are part of a team helping a child reunify with their family. The CPS department will establish a child and family team which includes the parents/guardians as well as the caregivers (be they kin or foster), and supports from the community, who will all work with the family to address CPS' concerns and establish a system of support for the family. The primary goal for the CFT is reunification until a court determines that there must be an alternative goal for permanency for the child.
Perpetrators The National Child Abuse and Neglect Data System (NCANDS) gathers and analyzes all screened-in referrals from the child protective services from all 50 states. It defines a perpetrator as someone who has caused or permitted the abuse and neglect of a child to had happened. As NCANDS data on 2018 shows, in Illinois, 17,431 out of 18,958 perpetrators, or 77%, are parents of their victims, 6.4 percent are relatives and 4.6 percent had a different relationship to the child3. Within those numbers, 40 percent of the victims were abused and neglected by a mother acting alone and 21.5 percent by father acting alone3. Compared to Wisconsin where 2,502 out of 2,753 perpetrators are parents of the victims. Alcohol abuse and drug abuse have been identified as major risk factors which will increase child maltreatment.3 Evidence shows that there is an increase of victims if parents consume drugs or alcohol.
Child protective services responsibilities and case load Illinois Children and Family Services is composed of social workers, a position which does not require a degree in social work and in many cases any degree beyond a high school diploma, who assist families and children in complicated situations where abuse and neglect are alleged. National Association of Social Workers sets professional standards for social workers in family support programs, parenting programs and family-based services. According to these standards, social workers must act ethically, in accord with service, social justice, integrity and respect toward the person. Furthermore, the standards emphasize the importance that a social worker should have on serving as an advocate for the physical health and mental health of the children, youth and their families. Moreover, social workers should be able to perform ongoing assessments in order to gather important information and intervene with adequate evidence in order to ensure safety of the child. This provides evidence that child welfare social workers may find their daily responsibilities to be challenging. Compared with Michigan that has 177 workers who perform intake and screening for child abuse and neglect, and 1,549 workers that follow up on reports. In addition to the challenges of a lack of resources and large caseloads, the Office of Inspector General identified issues that hinder effective service delivery. Among individual professional social workers, cognitive fixation, knowledge deficit, and documentation burdens are problems. Among social worker teams, coordination and supervisory support are problems. And environmental conditions, such as policies, training, and service array can also be inadequate. Based on the U.S. Bureau of Labor Statistics individual and family services, social workers in 2018 had an annual mean wage of $42,972, which might be taken as a trivial amount compared to the amount of work that is needed from social workers. An example of fixable efforts is Annie E. Casey Foundation Human Services Workforce Initiative (AECF). The initiative focuses on recruiting and retaining social workers with training and support in order to provide an effective resource for children and their family. States are doing different partnerships with colleges and universities to provide recruitment strategies that could attract students to find interest in the career of social work. ----
[1] Legislative Information System, Illinois General Assembly,
Children Abused and Neglected Child Reporting Act Source: P.A. 79–65 http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1460&ChapterID=32
[2] Weiner, D., & Cull, M. (2019).
Systemic review of critical incidents in intact family services. Chicago, IL: Chapin Hall at the University of Chicago. https://www.chapinhall.org/wp-content/uploads/Systemic-Review-Critical-Incidents.pdf
[3] Social Work,
Child and Family Social Workers https://www.socialwork.org/careers/child-and-family-social-worker/
[4] U.S. Department of Health & Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Children's Bureau. (2020).
Child Maltreatment 2018. hhs.gov
[5] National Association of Social Workers (2019)
NASW Standards for Social Work Practice in Child Welfare https://www.socialworkers.org/LinkClick.aspx?fileticket=_FIu_UDcEac%3d&portalid=0
[6] U.S Bureau of Labor Statistics,
Occupational Employment Statistics and Wages.https://www.bls.gov/oes/2018/may/oes211021.htm
[7] Social Work Policy Institute,
Child Welfare. 2010 http://www.socialworkpolicy.org/research/child-welfare-2.html == Effectiveness ==