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August 18, 2002
Are children protected enough?
By Fred Silberberg
America is supposed to set an example for others. Our messages
of democracy, free speech and protection of human rights are
supposed to be the guiding light for the rest of the world.
However, as the events of the past several months indicate, our
message may be broadcast worldwide, but it isn't followed at home.
While we are quick to condemn violations of children's rights
everywhere else, we fail to set the example in valuing, and
protecting, our own children.
The headlines tell all. Recently two teenage girls, out at 1:30 a.m. in
a remote area of Los Angeles County, were saved when their
abductor was caught because of the recently implemented AMBER
Alert broadcast in California later that morning.
Since the rescue, Gov. Gray Davis has repeatedly congratulated
himself for protecting California's children by launching the AMBER
system. What Davis omits is that for months he resisted signing the
bill.
Only the brutal abduction and murder of 5-year-old Samantha
Runnion, and the public outcry that followed, exerted enough
political pressure (he's in a tough re-election campaign) for him to
sign the bill. AMBER is in effect in but 14 of 50 states.
Separation of church and state is certainly a historic American
doctrine, but it was never intended to protect clergy who assault
children.
While there is public pressure for the Catholic Church to take
internal action to stop this abuse, with the exception of one highly
publicized case in Boston, little action is under way to investigate
and prosecute the offenders, again leaving American children at
risk. Why?
More unfortunate is that when governmental authorities take action
to protect children, they frequently caused more harm than good.
Some social services departments are so inept that those children
who are not literally lost by the system are subject to abuse, neglect
and even murder at the hands of their supposed guardians.
In Florida, the disappearance of a 5-year-old went unnoticed for 14
months.
In Maine, caseworkers failed to make quarterly visits to the home of
a foster parent who is now on trial for murdering a 5-year-old
placed under her care.
Los Angeles County is not exempt. Most anyone who keeps up with
the news is familiar with reports on the ineptitude and even gross
negligence of our Department of Children and Family Services.
Just this summer, in the course of settlement negotiations over a
pending lawsuit, DCFS was exposed when a 9-year-old child taken
into foster care died.
In 1997, caseworkers removed the child from his mother's custody,
claiming that she had intentionally made him ill. In fact, the boy had
severe asthma, which the social workers dismissed.
As a result of this asthma, the boy died after six weeks in foster
care.
Admitting that social workers failed to inform medical personnel of
his condition, the county agreed to pay $1 million to the mother of
the child.
Had the child's welfare really been of paramount concern, he would
still be alive today.
Although this local situation involved the taking of child from his
biological mother, where possible, social services agencies
generally prefer to return children to their biological parents at some
point. The goal is family reunification.
Too often, that legacy of biology prevails over a child's welfare.
In Washington, D.C., a biological mother killed her 23-month-old
daughter, two weeks after the girl was returned to the mother from
foster care.
Dependency courts throughout the nation are backlogged with
cases of biological parents trying to regain custody of children they
should never have been permitted to keep in the first place -- and
maybe should have never conceived.
Yet, we spend millions each year on these cases, when that money
could be spent on programs that would truly better the lives of
children.
The foster care problem could be solved, in large part, by allowing
adoption, but we fail to permit that while thousands of parents seek
to adopt.
A gay couple in Florida is denied permission to adopt an HIV
positive child that has been in their custody for years based solely
on their sexual orientation, even though no one else wants the boy.
Why?
Divorce courts, too, have problems in protecting children; it seems
at times that the law is simply not set up to define best interests in
determining custody plans. Best interests, too frequently, are what's
best for parents, not children.
Cases can take years to wind through the system, and while
children are interviewed by experts and placed in temporary
custody situations, their own rights and opinions are at times
disregarded, even when they are old enough to express them.
Considering how America treats its children, it should surprise no
one that so many of them become even more troubled adults.
Has anyone asked the parents of the girls rescued with AMBER
why their daughters were out in a remote area at 1:30 a.m.?
If we truly want to be the model society for the world, then we'd best
clean our own house first.
We need to educate parents and reform the very processes that
are supposed to protect our children.
Until that occurs, headlines will continue to expose our hypocrisy.
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Fred Silberberg is certified by the State Bar of California as a family
law specialist and served on the executive committee of the Family
Law Section of the Los Angeles County Bar Association. For further
information visit: http://www.fspclaw.com/
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