tag:blogger.com,1999:blog-2897769158349596209.post1664094671054220223..comments2023-11-03T01:43:43.656-07:00Comments on Rethinking Foster Care: To Have Impact Laws Must Be Enforced. Appellate Lawyers Do Just ThatVivek Sankaranhttp://www.blogger.com/profile/06495006363195612332noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-2897769158349596209.post-18106160642504928512019-06-14T09:27:50.746-07:002019-06-14T09:27:50.746-07:00I am always pleased to hear of child welfare decis...I am always pleased to hear of child welfare decisions going to appeal. As you said, the laws aren't usually enforced, because families don't usually have access to counsel to appeal them.<br /><br />The other issue, which varies by state, is states having very little child welfare practice codified into law or published policy. Even if a family is able to appeal, there is often no statute or case law to even raise in terms of whether something is abuse/neglect or whether a family is entitled to certain attempts to address issues. I'm in Massachusetts, where comparatively speaking, there are clear statutes in terms of things like timelines and providing notice, but basically nothing addressing decision-making, ethics, not confusing poverty with neglect, etc. I see things like decisions that an adolescent walking to school is neglect, and we don't have even vague statutes stating the worker should have considered community norms and the child's abilities, or spoken with collaterals, or anything like that, so nothing can be brought up in appeal because the courts defer to the department as the experts on child welfare. Same thing with workers making factually untrue statements; I know of several cases where workers found abuse/neglect based on blatantly false narratives, but there was nothing that could be raised, because there are no statutes requiring the workers to even talk to anyone, obtain documentation, report it correctly, or anything like that. <br /><br />At least in my state, we need better laws on the books, but it's so politically unfavorable to suggest any changes to the department that are perceived as more work for them or giving them less power in "saving children." Granted most of the workers are ethical and do decent work, but it's so problematic that they're viewed as such saviors with a thankless job that no one could possibly understand. Erika Shirahttps://www.blogger.com/profile/14217732804308595112noreply@blogger.com