Poverty is an inadequate reason to take children from families - Michigan

By Vivek Sankaran

Detroit Free Press Guest Writer


A loving father sees a judge place his children in foster care because his Walmart job doesn't pay enough, and he and his child live with his sister.

Another father can't get his two boys out of foster care because he can't afford to buy them separate beds.

And a baby is removed from her parents' custody and placed with strangers simply because the family is homeless -- despite the parents' attempt to place the baby with family friends, instead.

All three Michigan families share a common denominator: poverty.

The foster care system exists to protect children from being abused by their parents. Yet, every day, children are separated from their families and placed in the system for no better reason than their parents' low income.

A short conversation with lawyers, caseworkers and judges bears this truth out. And in a state like Michigan, where the child poverty rate has increased by more than 60% in the last 10 years, recent cuts in public assistance and a staggering economy have only made things worse.

The Legislature, courts and the Department of Human Services must take immediate actions to address this growing problem. Here are steps they should consider taking:

• First, Michigan's Legislature should join other states around the country and revise current laws to clarify that a child cannot be placed in foster care -- nor can a parent's rights be terminated -- solely because of poverty. As noted by the California Court of Appeals, "Indigency, by itself, does not make one an unfit parent."

• Second, courts must enforce federal laws that require the Department of Human Service to make "reasonable efforts" to prevent a child's removal from his or her home. When dealing with poor families, this must include providing services such as emergency cash and housing services, day care or assistance in paying utilities, which may be the only barriers preventing the family from being able to take care of itself. Making these types of efforts is far cheaper than paying for children to live in the homes of licensed foster parents.

• Finally, the DHS must offer comprehensive training and enact policies to help its caseworkers, hundreds of whom are brand new, understand the difference between poverty and neglect. Too many caseworkers seem to be confusing the two and, as a direct result, Michigan children face a risk of being unnecessarily separated from their families.

The unfortunate reality in our state is that some families will continue to struggle for as long as the economy does.

But we need to remember: Society's failure to eradicate the evil of poverty can never justify taking children from their loving parents.

Vivek Sankaran is a clinical assistant professor of law at the University of Michigan Law School and the founder of the Detroit Center for Family Advocacy.

Source http://www.freep.com/article/20111229/OPINION05/112290395/-Guest-commentary-Poverty-is-an-inadequate-reason-to-take-children-from-families-?odyssey=tab%7Cmostpopular%7Ctext%7COPINION

DSS finds disproportionate contact with blacks - North Carolina

By Melody Guyton Butts

DURHAM – African-American children are nearly four times more likely than the general population to be the subjects of child abuse or neglect reports in Durham County and more than seven times more likely to be placed in foster care, county Department of Social Services officials reported this week at a DSS board meeting.

“Our system is overloaded with contact with African-American families as opposed to any other family in Durham,” said Toina Coley, an in-home services social worker who serves on a committee looking to tackle the issue of disproportionate minority contact (DMC) in agencies across the county.

DSS decided to look at its DMC numbers after the N.C. Central University Juvenile Justice Institute, through a grant from the Governor’s Crime Commission, issued a report on disproportionality within Durham County’s juvenile justice system.

That report found that in fiscal year 2006, African-American youths were 3.2 times more likely than the general population to have a court petition filed. In 2010, that number skyrocketed to 7.22 times more likely.

Coley dissected local DSS numbers from fiscal year 2011, finding that African-American children were the subjects of child abuse or neglect reports at a 3.78 higher rate than the general population. Disproportionality in the child welfare system hovers around 4.0 through investigations, case substantiations and in-home services – until spiking to 7.54 with initial entries into foster care.

That’s something DSS officials want to address, and the solution starts with awareness of the problem, said Catherine Williamson-Hardy, assistant director of customer accountability with the agency. From individuals reporting abuse or neglect to the social workers investigating it, everyone has cultural biases, she said.

“It’s not about sugarcoating it and pretending we don’t have them – it’s about being aware of them so that we can manage them,” she said.

Just as with race playing a role in which new mothers are drug-tested at the hospital, a school teacher might be more apt to make a report about a black child not dressed for cold weather than a white child, Williamson-Hardy gave as an example.

Awareness is beginning to take hold within DSS, suggested John Holtkamp, the agency’s assistant director for family safety and permanency. “There was just kind of a murmur that went through our people” when the DMC numbers were presented at a division meeting last week, he said.

“Most of them don’t know. You work day by day,” he said. “No one’s intentionally doing this.”

Coley’s data collection suggests that disproportionality isn’t a currently significant concern for the Latino community, as the reports rate was 1.39, and the initial entry into foster care rate was 0.0. But Holtkamp worries that it might become an issue in the future, as juvenile justice system officials recently reported a growing DMC for that population in their system.

Dean. F. Duncan, a professor at the UNC School of Social Work, examined DMC data from across the nation and across North Carolina in a 2009 report, looking at 2007-08 data. He found that North Carolina’s DMC with regard to African-American youths in foster care (2.07) was below the U.S. as a whole (3.32). However, in that same report, he noted that Durham was one of just two counties in North Carolina – the other was Mecklenberg – with DMCs with regard to child protective investigations of black children greater than 4.0, and among 11 counties with DMCs with regard to black youths in foster care greater than 4.0.

Reached this week, Duncan said he no longer had access to the exact figures for counties and that he hasn’t revisited the data since the 2009 study. His analysis then led him to believe that factors of poverty played a large part in African-Americans’ DMC, and he cautioned against assuming that it’s only a race issue.

Holtkamp noted that Arnold Dennis, executive director of N.C. Central’s Juvenile Justice Institute, has also suggested that poverty contributes to DMC. He cited Dennis as having suggested that family-of-origin issues, like child-rearing practices and family support, and policies and practices of systems of intervention, like DSS and law enforcement, play a part.

The DMC committee of which Coley is a member was launched early this year, and its focus is now on spreading awareness of the issue, she said. The committee is looking to reach out to other parts of the community, like faith-based organizations. Committee members are also looking at hosting some sort of community meeting to help spread the word.

Stan Holt, chairman of the DSS board, asked that the board be briefed on possible solutions to the disproportionality problem at its February meeting.

It must be understood that there’s no one-size-fits-all solution to addressing disproportionality, Duncan said.

One method might be prevention programs, although there’s not a “major funding stream” for that, he said. Preventing abuse and neglect isn’t the work of DSS alone – it requires the partnership of the whole community, from schools to faith-based organizations to mental health agencies, he continued.

He’s pleased that Durham is looking to address the issue.

“There’s a need to come up with very tailored solutions,” he said, “and be able to track it over time to see if we get the outcomes we want to achieve.”

Source http://www.heraldsun.com/view/full_story/16821376/article-DSS-finds-disproportionate-contact-with-blacks-