Rethinking Foster Care

Last week, in a provocative op-ed in the Washington Post , Naomi Riley – a fellow at the American Enterprise Institute – argued that the problem in America’s child welfare system is “not that we’re taking too many children away from their parents. We’re not taking enough.”   To support her claim, she cited a mishmash of statistics, including an increase in the national child fatality rate, and then some isolated data from two jurisdictions involving reentry rates for children returned home and the number of termination of parental rights petitions filed and adoptions finalized. She then broadly concluded that this isolated data demonstrates that “many parents are… not capable of caring for their children.” I appreciate Ms. Riley’s controversial piece because it surfaces feelings that we know exist among judges, lawyers and caseworkers working in child welfare – that more children would be better served by taking them from their parents. Although there is

Child welfare is a grueling field. Catastrophic forces ignored by society – poverty, mental illness, addiction, homelessness, domestic violence – work together to transform problems into crises. When those crises hit, children are caught in the crossfire. Suddenly, society looks to the child welfare community to fix problems it has allowed to fester for years. The magnitude of this responsibility, along with the futility of trying to solve structural problems with few resources, understandably creates feelings of hopelessness among many who do this work. Yet what keeps me going are the stories of hope that can be found everywhere – when I choose to search for them. I spent last week at Camp Michigania , one of the most beautiful hamlets on earth, nestled in Northern Michigan. My week there was my respite from the real world, a chance to reflect, relax and disconnect. It was an opportunity for me to remember how to pay attention to the small moments that happe

Every family enjoys its stories.   Several years ago, mine had its “Home Alone” moment.   My brother, his wife and their two children were visiting my parents in New Jersey.   They agreed to head out to dinner – in two cars – to a restaurant about 45 minutes away.   When everyone arrived at the restaurant, they all jokingly asked where one of my nephews was, assuming he was in the other car.   Only after a few long seconds passed did they realize that they had accidentally left him behind!      My nephew – around 10 at the time – was busy tending to the backyard garden when both cars had departed.   Upon realizing that everyone had left without him, he went to a neighbor’s house and patiently waited for their return.   Eventually laughs were exchanged by all, recognizing that accidents happen.   Nobody called the police.   Or Child Protective Services.   The story remains a favorite in our family lore. About a year after our “Home Alone” moment, one of my cli

THE GUT PROBLEM             Recently, I had the opportunity to attend a child welfare training alongside other child welfare stakeholders including agency attorneys, case managers, CASAs, guardians ad litem and child advocates. As an attorney for indigent parents in abuse and neglect proceedings, I found the training simultaneously illuminating and deeply unsettling because of a troubling conversation about the role of the “gut” in removing children from their families.             Towards the end of the second day, we had the opportunity to discuss a hypothetical scenario in which a mother had seemingly neglected her child perhaps due to some potential mental health diagnoses. In the course of this conversation the facilitator, a judge from Georgia, acknowledged that for some cases requiring judicial decisions about whether a child should stay in state custody, his gut tells him something bad is going on even when the evidence may be legally insufficient to keep the child

In response to the recent immigration crisis, thousands of people contacted Bethany Christian Services interested in serving as foster parents for children separated at the border from their parents.   The agency witnessed a 3,846.9% increase in inquires about foster parenting.   The generosity of the American spirit was in full display. I get it.   Every time I hear about a tragedy in the foster care system, my instinct is to want to serve as a foster parent, or adopt a child – to comfort kids who need help.   On several occasions, my wife and I have attended orientation sessions to become foster parents.   And every time I present about the foster care system – when asked about how individuals can help – I rattle off trite predictable responses.    Become a foster parent.   Serve as a Court Appointed Special Advocate.   Volunteer as a mentor for an older youth in foster care.   Adopt a child.   These are all noble, selfless acts that will certainly help childre