● Because of its vast unchecked power and no real
accountability, few (if any) government power centers are easier to weaponize
than the family police. Look who’s weaponizing them now:
Abortion,
Every Day has learned that Child Protective Services (CPS) has
targeted mothers in multiple states who helped their daughters seek out
abortions. In one case, CPS removed a teen from her home—and threatened her
mother with murder charges—to stop her from getting an abortion. Another
mother, one who lives in a state where abortion is legal, faced an
investigation from both CPS and local police after helping her teen end a
pregnancy.
These stories—shared with AED by the attorneys and
advocates at If/When/How—represent a new and largely unexamined consequence of
the end of Roe. It’s no longer enough that women have to worry they’ll die of
sepsis while surrounded by doctors that can’t legally treat them, or that
they’ll be arrested for how they dispose of their miscarriages. Now the
government is using family separation as an anti-abortion …
See also the
sidebar on how If/When/How is fighting back. It starts with another example
of family police brutality.
Some better news on the litigation front:
● He’s known in court papers as K.W. He was never accused of
harming his newborn son in any way. And for a week, he was allowed to keep his
newborn, unmolested by New York City’s family police agency, the Administration
for Children’s Services. But, as
amNY reports, according to his
lawsuit, suddenly, six days later, the family police showed up, took the child
– and held him in foster care for three years.
Though they had six days to do it, ACS never asked a court
for permission. Suddenly, after leaving the boy and his father alone for six
days, ACS decided the case was an “emergency” and snatched away the child
without going to court first. Such abuse of “emergency” power is common in New
York City and all over the country – something to keep in mind whenever the
family police and their apologists dredge up that tired lie about “we can’t
take children on our own.” From the story:
My infant son was torn from my arms by ACS when he was
just a few days old and put into foster care with strangers,” said K.W., the
father in his appeal. “I fought with all my heart and might to get him back for
nearly three years. After my son came home, we’ve been fighting to right that
devastating wrong.”
K.W. hasn’t won his suit. But an appellate court at least is
allowing it to move forward.
● And just today (May 28) the Family Justice Law Center,
which represents K.W., joined by several other groups, including the Legal Aid
Society’s Juvenile Rights Practice, which represents children in these cases,
have filed a class-action suit to stop ACS’s rampant abuse of its emergency
removal power. As
FJLC explains:
ACS often violates families’ basic constitutional rights
by conducting emergency removals in situations that are not true emergencies.
ACS’s own data show that most child removals now happen without prior judicial
authorization – almost 1,500 last year alone. And when these cases finally
reach family court, at the very first hearing judges find no justification for
children to remain in state custody nearly 30 percent of the time – indicating
that many of these purportedly “emergency” removals never met the legal
standard for a removal in the first place, yet the lasting harm has already
been done.
As one of the plaintiffs said:
“ACS workers are wolves in sheep’s clothing, and you have to be very cautious with them when you’re a Black or Latino parent,” said Plaintiff Denise Archer, who filed under a pseudonym to protect her family. “I tried to go to ACS to seek some type of assistance when my family was going through a hard time, and it turned into an almost three-year separation where I had to fight every step of the way to get my kids returned home. Even though ACS is supposed to be the entity you go to when you’re a family in need, they have their own hidden agendas, and my family and I had to pay the price of that.”
● Families won a big victory from New York State’s highest
court, the Court of Appeals: The Court is refusing to allow what amounts to a
shadow, hidden foster care system that started in Illinois and metastasized
into many other states to take hold in New York. I
have a blog post about what should be called sugar-frosted foster care,
including links to stories about the decision from The Imprint and Courthouse
News Service.
● In New Mexico, Source
NM reports that the state branch of the ACLU and two courageous legislators
are suing to block an order issued by the governor demanding that any child who
tests positive for certain substances be confiscated at birth. From the story:
The petition cited a December letter signed by more than
70 New Mexico providers saying that pregnant women may forgo prenatal care or
treatment due to concerns of losing their children and called the directive
“dangerous.”
Rep. Micaela Lara Cadena (D-Las Cruces), who joined Sen.
Linda López (D-Albuquerque) in filing the petition, told Source NM the policy
is “patently unlawful.”
“We have a state-sanctioned policy, when we are removing
kids without an individualized finding, not based on what’s happening in their
particular family, in their particular pregnancy, their circumstances, just a
blanket policy that says, ‘if there was exposure in this pregnancy, we are
automatically taking your child at birth,’” Lara Cadena said. “So for me,
that’s a dangerous precedent; among other things, it’s going to push people
further into the shadows.”
● And in Maine, the
Maine Monitor reports, the state Supreme Court overturned the
termination of five children’s rights to their parents (a more accurate term
than termination of parental rights) that was based largely on the fact that a
supervisor told the court she read in a record somewhere that the mother allegedly
hadn’t passed two drug tests (which, by the way are notoriously unreliable to
begin with).
And some better news about safety – if the lessons are
learned
● Ten days ago, we
published a post about calculating the price of foster-care panic. Because
there are now so many studies documenting how, in typical cases, children
placed in foster care fare worse even than comparably-maltreated children left
in their own homes, it is now possible to calculate how many children will
suffer serious harm to their health, and even premature death, because they
were needlessly thrown into foster care.
It works both ways. It’s also possible to calculate the
lives saved in places like New York City and New Jersey that have safely
reduced foster care placements. This
week, we have a post with those data.
● It’s a lesson that urgently needs to be learned right now
in nearby Suffolk County, where it looks like a foster-care panic may
have started, for the usual reasons.
Legislators seem to be getting smarter, too
● You may recall that some rural counties in Minnesota are
whining about a new law requiring them to actually get serious about helping
families so their children don’t endure the trauma of needless foster care.
They wanted implementation of the law delayed. But Minnesota lawmakers didn’t
get suckered. Instead, they passed legislation which, if signed by the
governor, will give the counties some more money to do what they should have
been doing all along. One element of the
bill is concerning, though. As The Imprint reports:
If enacted, counties would receive the funds based on the
number of children who live within their borders as well as the number of
screened-in reports of child abuse or neglect, and open child protection cases.
The problem with this should be obvious.
● In March, I wrote about how the family police agency in
Tennessee wanted the authority to get rid of “problem” foster youth. They wanted
to be able to throw in jail any foster child who they felt was getting out
of line, or even threatening to get out of line. Lawmakers refused, in part
because of the superb advocacy efforts of a former foster youth, Ella Bet-Ami. Now
The Imprint has a profile of Bet-Ami.
In other news:
From NCCPR's op-ed column in CT Mirror:
If throwing cliches at a problem would solve it,
Connecticut would have the best child welfare system in America. Instead, the
tired thinking reflected in those tired cliches [from legislators and
advocates] explains the real problem: A state that once really might have
become the best, or at least the least bad, child welfare system in America has
been slouching back to mediocrity or worse.
● Two children with diabetes died in Arizona group homes
after not getting the medical care they need. Now, KNXV-TV
reports, the lawyer for their families wants the U.S. Department of Justice
to investigate the Arizona family police agency for discriminating against the
disabled, in violation of the Americans with Disabilities Act. It would be the
second such investigation in Arizona. As the story notes:
In 2024, the DOJ's Civil Rights Division found DCS
discriminated against parents and children with hearing disabilities and forced
the agency to make changes.
● The
Imprint reports that the federal Administration for Children’s Services
is making it easier for states and localities to incorporate seven specific
programs into their plans under the Family First Act. One
of those programs is Homebuilders – possibly the only approved program
under this act that actually can provide families with what they often need
most – concrete help. And oh, how the take-the-child-and-run crowd hates
Homebuilders!
In this week’s reminder that The Horror Stories Go in All
Directions:
Anybody see a pattern in these two stories?
● From KARE-TV,
Minneapolis:
A north metro psychiatric residential treatment program
is closing at least temporarily after its license was suspended over "an
imminent risk of harm." …
DHS alleged that the children served by the program did
not have their basic rights protected. MDH alleges that suspected maltreatment
was not reported, medications were not administered safely and accurately,
there was not enough appropriately trained staff to ensure residents' treatment
needs were met, and treatment services did not include adequate supervision to
support residents' safety. DHS also alleges the facility was not kept in good
repair.
● From WBFF-TV
Baltimore:
Maryland officials are preparing to remove foster
children from Silver Oak Academy after the state confirmed for the first time
that youth will no longer remain at the troubled Carroll County facility beyond
June 30, marking the clearest sign yet that the privately operated program is
effectively shutting down.
This update follows months of reporting by Spotlight on
Maryland documenting more than 100 emergency calls tied to the campus since
January 2025, including reports of assaults, arson, runaway juveniles and staff
concerns that the young residents were “overtaking the campus.”
And, WBFF
reports, the state either can’t or won’t even say how many children are
missing from foster care.
But this is not deterring Maryland from spending
$1.2 billion over five years to warehouse children in 637 beds in a bunch
of other institutions.