Rethinking Foster Care

Since the middle of August, I’ve taken one day off - October 6 th .   Other than that day, I’ve been working seven days a week, each week. As I prepare to take a few days off for Thanksgiving, I want to share some reflections here. I have been working non-stop mostly because of the panic, insecurity, and stubbornness related to a new job, my first one actually practicing law. In May, after spending 10 years doing child welfare data analysis, I decided to scale back my consulting and try something I have no idea how to do – represent clients with civil legal problems. The idea that I would someday practice law was starting to feel elusive, and I would catch myself daydreaming about what type of lawyer I would be instead of actually taking steps to carve out time to be a lawyer. So I took the plunge. The transition has been unforgiving. I took a full-time staff attorney position in May, yet stubbornly convinced myself I could continue managing my consulting proj...

After a federal judge struck down the Indian Child Welfare Act (“ICWA)” a few weeks ago, many have written about the continued need for ICWA, given both the lingering effects of historical racism and forced separation, along with proof that many of these dynamics continue to persist.   Undoubtedly, the treatment of Indians by federal and state governments has played a dominant role in creating the high rates of poverty, alcoholism, and suicide, among the other serious public health risks, in the community.             When confronted with evidence of such a crisis, it is easy to view a community simply as a collection of their problems.   Public interests lawyers are particularly susceptible to falling into this trap.   Our minds quickly focus on the myriad problems our clients face that we need to solve, especially when so many have ignored – or contributed to – these problems over the years. ...

This past Tuesday, citizens across the country headed to the polls. In 36 states, people elected governors, and in many chose new leaders.  Now, new governors will likely select new directors to lead state child welfare agencies. I previously wrote a post about transforming our child protection system into a child welfare system. Changes in leadership will give us an opportunity to inch closer to such a transformation. But how can a new child welfare director make that happen? How can a director change the culture of child welfare? Here is my call to new agency directors. Be transparent about the complicated history that child welfare agencies have had with the families they seek to serve, and acknowledge the valid reasons why so many people distrust these agencies. Historically speaking, agencies have wrongfully taken children from certain communities, at times for the specific reason of divorcing children from their community. Unsurprisingly, even today, many families reg...