Is Foster Care “In the Best Interest of the Child”? Not on your Life!

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The philosophy of “best interest of the child” sounds so very wonderful. It must keep children safe and help them to be successful for the remainder of their lives. Taking them from horrible parents, away from the abuse/neglect and placing them with foster parents in wonderful foster homes is the true solution to one of society’s worst corruptions.

Arizona Revised Statute A.R.S.25-403. Legal decision-making; best interests of child

  1. In a contested legal decision-making or parenting time case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the “best interests of the child.”

So, let us look at the National Foster Care Outcomes achieved from this wonderful intervention strategy to save children and put them on the road to a life of success. It must be exciting since we have federal funding that helps support this special cause, our future.

National Foster Care Outcomes

  • On September 30, 2012 there were approximately 397,122 children were in the foster care system. (1)
  • In the General Population of people that are 25 years of age or older, there are 31% that have a Bachelor’s degree (2)
  •  In the former foster children population that are age 25 and older, there are 3% that have a Bachelor’s degree (3)
  •  In the former foster children* population incarcerated since age 17: Males: 64% percent, Females: 32.5% percent. (4)
  • In the former foster children* population there are 24% percent who experience homelessness after aging out of the system. (5)
  • In the former foster children* population there are 61% percent who are unemployed one year after aging out. (6)
  • In the former foster children* population there are 53.5% who are unemployed five years after aging out. (7)

Question: Is it in the “best interest of children” from foster care to have 3 out of 100 with a Bachelor’s degree? Or 61 out of 100 unemployed? Or 24 out of 100 homeless? Or 64 out of 100 males incarcerated? Or 32.5 out of 100 females incarcerated?

Those outcomes do not seem to be in the best interest of these former foster care children.

America is:

  • 26th of 29 among developed nations based on measures of child welfare. (8)
  • 25th of 27 among developed nations based on the rate of child deaths from abuse and neglect. (9)

The U.S. Department of Health & Human Services, Administration of Children & Families, Administration on Children, Youth & Families, Children’s Bureau identified:

(10) “Children Entering Foster Care during FY 2013,” was N = 254,904.

  • White children N = 114,666                                          45%
  • Black/African-American children N = 54,835               22%
  • Hispanic children N = 53,786                                        21%
  • American-Indian children N = 5,456                             2%

A national study of child protective services by the U.S. Department of Health and Human Services reported that “minority children, and in particular African American children, are more likely to be in foster care placement than receive in-home services, even when they have the same problems and characteristics as white children”. (12)

Child Trends Data Bank, Foster Care December 2014 pg. 5 (11)

  • Non-Hispanic white children, who made up about 52 percent of American children under age 18, accounted for 42 percent of foster children in 2013.
  • Black children, who made up around 14 percent of all children, accounted for 24 percent of foster children in that year.
  • Hispanics (who can be of any race), who were 24 percent of U.S. children, accounted for 22 percent of foster children in 2013. [6]

See more at: http://www.childtrends.org/?indicators=foster-care#sthash.IzaMNls5.dpuf

Dorothy Roberts, a professor at Northwestern University’s School of Law, shares:

  • “If you came with no preconceptions about the purpose of the child welfare system, you would have to conclude that it is an institution designed to monitor, regulate, and punish poor families of color.” (12)
  • Black children make up more than two-fifths of the foster care population, though they represent less than one-fifth of the nation’s children.” (12)
  • Black children in New York were 10 times as likely as white children to be in state protective custody.” (12)
  • “According to federal statistics, Black children in the child welfare system are placed in foster care at twice the rate for white children.” (12)
  • “And once removed from their homes, black children remain in foster care longer, are moved more often, receive fewer services, and are less likely to be either returned home or adopted than any other children.” (12)

Well, surely the outcomes for Arizona’s Foster Care children will be significantly better than the national statistics. Remember we actually have a law, A.R.S. 25-403, that assures taxpayers that Arizona’s outcomes will demonstrate the spirit of “best interest of the child,” right?

Arizona Foster Care Outcomes

According to Children’s Action Alliance, as of January 9th, 2015, the Arizona Department of Child Safety records share:

  • 53% growth in the number of children in Foster Care from June 2008 to October 14, 2014. (13)
  • June 2008 there were 9,148 children in Foster Care and in October 2014 there were 17,184 children in Foster Care. (13)
  • In June of 2009 there were 5,509 families receiving In-Home Services and in November of 2014 there were 8,712 families receiving In-Home Services. (13)

Question: Is it in the best interest of the children in Arizona to have a 53% increase in the number in foster care? Or is that in the state’s financial best interest?

Question: Is in the best interest of children to have a 53% increase in the number of children in foster care and only a 27% increase in the In-Home Services provided to families?

It would not be unreasonable for an outsider to wonder if the state philosophy to reduce families getting In-Home Services had something to do with increasing the number of children in foster care. Would that be in the “best interest of children”?

According to Children’s Action Alliance, as of January 13th, 2015, the Arizona Department of Child Safety records share:

  • 2,144 children in foster care did not receive required monthly visit from DCS in September, 2014 (14)
  • 1,213 Parents with a case plan to reunify with their children did not receive required monthly visit from DCS in September, 2014 (14)
  • 448 foster homes did not receive required quarterly visit from their licensing agency between April 2014 and September 2014. (14)

Question: Is it in the “best interest of the child” to not have received the required monthly visit from the Department of Child Safety? Is it in the “best interest of the child” to not have received the required monthly visit to Parents in the reunification process?

Question: Is it in the “best interest of the child” to not have the quarterly visit from the agency that licenses the foster home to check on accountability outcomes in that foster home

  • African American children represent 4.8% of population yet 13.9% are in out-of-home care. (15)
  • Children with an adoption case plan spend on average 25.1 months in out-of-home care. (15)
  • 23.9% children in foster care have been in out-of-home care for 13 to 24 months. (Arizona Department of Economic Security, “Child Welfare Reporting Requirements Semi-Annual Report for the Period of Apr. 1, 2014 through Sep. 30, 2014”; 2010 U.S. Census Data) (15)
  • Average number of placements was 2.3, and the range for the number of placements was 1 to 43. (15)

Question: Is it in the “best interest of the child” that is African-American to be represented three times more in foster care than in the general population?

Question: Is it in the “best interest of the child” for children to spend over two years in out-of-home care?

Conclusions:

Maybe I do not understand the true meaning of what is in the “best interest of children.”

For the life of me I cannot fathom or understand how taking children from their natural parents and natural families for the rest of their childhood is in their best interest.

Taking their identity, their heritage, their beliefs, their religion, and even their name and social security numbers away in the name of “best interest of the child” does not seem reasonably to be in their best interest.

Why?

Why does the Arizona Department of Child Safety ignore “Kinship Care”?

The Child Welfare League of America has successfully focused on this solution for more than 30 years that I am aware of and yet Arizona ignores one of the most positive, healthy, and successful methods for keeping children safe.

“Every day hundreds of thousands of grandparents, aunts and uncles, older siblings, and non-related extended family members step in to keep children safe and nurtured when their parents cannot. CWLA defines kinship care as the full-time protecting and nurturing of children by grandparents, aunts, uncles, godparents, older siblings, non-related extended family members, and anyone to whom children and parents ascribe a family relationship, or who ‘go for kin’. Within this definition there are two populations of kinship families: (a) informal, where children live with grandparents or other relatives and are not in child protective service custody; and (b) formal, where children are placed in the care of a relative or non-related extended family member under the auspices of a public child welfare agency. Whether informally arranged among family members or formally supported by the child welfare system, it is essential to affirm and support the considerable contributions of kinship caregivers.” (16)

 References:

  1. xix. The Adoption and Foster Care Analysis and Reporting System (AFCARS) Report, U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau, available at http://www.acf.hhs.gov/sites/default/files/cb/afcarsreport20.pdf (estimates as of Nov. 2013).
  2. National Center for Education Statistics, Digest of Education Statistics: 2012 (table 8), available at http://nces.ed.gov/programs/digest/d12/tables/dt12_008.asp?referrer=report (2012)
  3. Foster Care by the Numbers, Casey Family Programs, Sept. 2011, available at http://www.casey.org/media/MediaKit_FosterCareByTheNumbers.pdf
  4. xxiv. Courtney, M., Dworsky, A., Brown, A., Cary, C., Love, K., Vorhies, V. (2011). Midwest evaluation of the adult functioning of former foster youth: Outcomes at age 26. Chicago, IL: Chapin Hall at the University of Chicago.
  5. World Bank, World Development Indicators Database, Total GDP 2011, at 1, http://databank.worldbank.org/data/views/reports/tableview.aspx (2012).
  6. Calculated by finding average of unemployed former foster youth males (60%) and females (62%) at age 19. See Hook, J. L. & Courtney, M. E. (2010). Employment of Former Foster Youth as Young Adults: Evidence from the Midwest Study. Chicago: Chapin Hall at the University of Chicago.
  7. Calculated by finding average of unemployed former foster youth males (54%) and females (53%) at age 24. See Hook, J. L. & Courtney, M. E., Employment of Former Foster Youth as Young Adults: Evidence from the Midwest Study. Chicago: Chapin Hall at the University of Chicago (2010).
  8. Calculated from rankings in overall well-being. See UNICEF, “Child well-being in rich countries: A league table of inequality in child well-being,” Innocenti Report Card 11, UNICEF Innocenti Research Centre, Florence, available at http://www.unicef-irc.org/publications/pdf/rc11_eng.pdf (2011).
  9. UNICEF, “A league table of child maltreatment deaths in rich nations,” Innocenti Report Card 5, UNICEF Innocenti Research Centre, Florence, available at http://www.unicef-irc.org/publications/pdf/repcard5e.pdf (2003).
  10. The U.S. Department of Health & Human Services, Administration of Children & Families, Administration on Children, Youth & Families, Children’s Bureau identified; “Children Entering Foster Care during FY 2013”
  11. Child Trends Data Bank, Foster Care December 2014 pg. 5 http://www.childtrends.org/?indicators=foster-care#sthash.IzaMNls5.dpuf
  12. Race and Class in the Child Welfare System by Dorothy Roberts; http://www.pbs.org/wgbh/pages/frontline/shows/fostercare/caseworker/roberts.html
  13. Children’s Action Alliance, January 9th, 2015, the Arizona Department of Child Safety Records http://azchildren.org/wp-content/uploads/2015/02/Receiving-Required-Visits-for-Children-in-Foster-Care.pdf
  14. Children’s Action Alliance, January 9th, 2015, the Arizona Department of Child Safety Records
  15. http://azchildren.org/wp-content/uploads/2015/02/Receiving-Required-Visits-for-Children-in-Foster-Care.pdf
  16. CASA of Arizona (Court Appointed Special Advocates for Children http://www.azcourts.gov/casa/ChildWelfare/ChildWelfareStats.aspx Arizona Department of Economic Security, “Child Welfare Reporting Requirements Semi-Annual Report for the Period of Apr. 1, 2014 through Sep. 30, 2014”; 2010 U.S. Census Data)
  17. KINSHIP CARE: TRADITIONS OF CARING AND COLLABORATING MODEL OF PRACTICE http://www.cwla.org/kinship-care/

 

A version of this column originally appeared in:

Size of Kansas foster care population up 18 percent

KANSAS CITY, Mo. (AP) - The size of Kansas’ foster care population has swelled 18 percent over the past six years, and child welfare advocates blame high turnover among caseworkers, parental drug addiction and cuts to programs that help poor families.

“I really think something needs to be done,” said Diana Frederick, executive director of Douglas County CASA, the agency that provides volunteer Court Appointed Special Advocates to work with abused and neglected children in state custody. “Things are enough of a concern that we need to acknowledge that there is a problem and we need to work together to find a solution.”

Children are usually removed from their homes because of neglect, and leave the foster care system when they rejoin their families, are adopted or reach age 18. State data shows that the 2009 fiscal year is the last time more children were exiting the system each month, 312 on average, than were entering, 260 on average. Since then, the numbers have gradually flipped, with 317 children entering the system on average each month in FY 2015, which ended June 30, and 286 leaving the system.

Over the six-year span, the foster care monthly average jumped to 6,257 children in fiscal year 2015 from 5,317 in 2009, state figures show.

Read more at: Size of Kansas foster care population up 18 percent

A version of this column originally appeared in:

Fired Miami social worker gets 1 1/2 years in prison for extorting families of refugee children

As a newly hired employee for a Miami social services agency, Leslie Rubero Padilla’s job was to reunite unaccompanied refugee children with their parents or legal guardians in the United States.

She was supposed to charge the families only for transportation, such as airfare. But authorities say Rubero shook down more than a dozen of them by insisting they had to send her additional money or the reunification with their children would be delayed — or, worse, they would be deported back to their native country in Central America.

“This case is just so shocking because this defendant preyed on the most vulnerable people,” federal prosecutor Daniel Bernstein said at Rubero’s sentencing hearing on Friday. “Why is it so offensive? She calculated that these are people I can rip off because they are not going to report it.”

The prosecutor asked U.S. District Judge Darrin Gayles to send Rubero, who pleaded guilty to wire fraud in September, to prison for four years. Bernstein pointed out that she not only exploited the poor parents and guardians for a total of $11,100, but also noted: “She had legal custody of their children.”

A version of this column originally appeared in:

Parents say CPS took their 3 kids away because they wanted to visit dying relative

- “What CPS is doing to these parents is wrong,” said attorney Julie Ketterman.

The Giwa’s turned to FOX 26 last May after their then 19-month-old son Ali was taken into protective custody by CPS.

Photo

Parents say CPS took their 3 kids away because they wanted to visit dying relative

CPS accused the parents of medical neglect even though doctors could not explain why he was failing to thrive like his twin sister.

“They’ve run test,  after test, after test, and there’s nothing,” Ketterman said.

In June, Ali was returned home to his parents and siblings, but CPS had two conditions.

One, they told the parents not to talk to the media.

“I’m not scared. I will do this again, and again, and again,” Ali’s mom Kathy Giwa said.

CPS also ordered the parents to undergo yet another round of psychological testing.

“By a CPS contractor because they know that it’s going to come back saying what they want it to say,” said Ketterman.

Read More at: Parents say CPS took their 3 kids away because they wanted to visit dying relative

A version of this column originally appeared in:

Secrets won’t protect children

doug-ducey-greg-mckay

(Photo: Michael Schennum / The Republic)

The public's right to know is more than some noisy neighbor's curiosity.

When it comes to child safety, the level of openness can determine whether a child protection agency gets the scrutiny it needs to improve or simply uses secrecy to hide its mistakes.

Arizona's failed former child welfare agency was stealth-prone.

The agency that replaced it last year, the Department of Child Safety, was born amid promises to be more transparent.

Lawmakers, supported by Gov. Doug Ducey, are moving in the right direction.

But there are troubling shadows of secrecy.

For example, Ducey's office is refusing to release a whistle-blower complaint made against Greg McKay, who is now the department's director. It was made by the department's general counsel, Allister Adel, when McKay led the agency's Office of Child Welfare Investigations.

INTERVIEW: Child-safety director shakes up agency

In response to a Feb. 20 public-records request from The Arizona Republic, Ducey's office claimed attorney-client privilege, saying the memo from Adel was covered under attorney-client privilege and was not subject to disclosure, according to a statement to The Republic from Ducey's spokesman, Daniel Scarpinato.

Openness would be a better approach.

There were tensions last month when Ducey fired Charles Flanagan as the department's chief and put McKay in the job. A lengthy memo from McKay criticizing Flanagan's handling of backlogged cases preceded the change. Under Flanagan, the department's internal-investigations unit had investigated McKay and other employees.

When McKay took over, he eliminated the internal-investigations unit.

Read More :