a critical look at the child welfare system



1. Lois M. Collins, “Foster Kids Have New Advocates,” Deseret News, (July 15, 1996)

 2. “Families in Crisis,” Report 2, 1991-92 San Diego County Grand Jury, February 6, 1992.

 3. Child Welfare Services: Protection of Children, 2008-2009 San Diego Grand Jury, June 2009. This practice continues nothwithstanding In re Ivan C., 2005 WL 1317045 (Cal. App. 2 Dist., 2005), in which the Court of Appeals ruled that: “The Department’s obligation to tailor services to an individual family’s needs includes making reasonable efforts to assist in areas where compliance is difficult. This includes helping to meet the scheduling needs of a working parent.”

 4. Santa Cruz County Peer Quality Case Review, Final Report, April 7, 2010.

 5. In re Welfare of A.R.G.-B., 551 N.W.2d 256 (Minn. App. 1996).

 6. Los Angeles County Department of Children’s Services, 300 Petition Guide, p. 46.

 7. Sue Badeau and Sarah Gesiriech, A Child’s Journey Through the Child Welfare System, Pew Commission on Children in Foster Care, undated document.

 8. Interim Report of the Spring Term 2001 Grand Jury, Broward County Grand Jury, 2001.

 9. PBS Frontline, Failure to Protect, Interview: Martin Guggenheim, undated.

 10. Hank Orenstein, Child Planning and Advocacy Now, “Putting Social Work Back into Child Welfare,” (April 2000). Last accessed at http://www.naswnyc.org/c31.html on August 2, 2010. Now off line, copy on file with author.

 11. Policy Report, The Long Road Home: A Study of Children Stranded in New York City Foster Care, Children’s Rights, Inc., (2009).

 12. Jeanne M. Kaiser, Finding A Reasonable Way To Enforce The Reasonable Efforts Requirement In Child Protection Cases, Rutgers Journal of Law and Public Policy, Volume 7, Number 1, (Fall 2009).

 13. “Families in Crisis,” see note 3.

 14. Tom Gorman, “County Also Faults Child Abuse Response,” Los Angeles
(March 7, 1992).

 15. San Diego County, Juvenile Justice Commission, Case Review Report, February, 1992. pp. 7 – 14.

 16. In re Interest of Xavier H., 274 Neb. 331, 740 N.W.2d 13 (2007).

 17. Nebraska Foster Care Review Board, Hope is on the Horizon, Annual Report, (2005).

 18. Robert J. Benvenuti III, Inspector General, Cabinet for Health and Family Services, Allegations Of Misconduct By Certain Employees Of The Department For Community Based Services’ Lincoln Trail Region Related To The Removal Of Children And/Or The Termination Of Parental Rights Based On Alleged Abuse, Neglect, Or Dependency, January 10, 2007.

 19. Office of Kentucky Legal Services Programs, Comments Offered to the Blue Ribbon Panel on Adoptions, January 17, 2007. (DOC file format). The Office has since been renamed the Kentucky Equal Justice Center.

 20. Assessment and Recommendations for Improving Child Abuse and Neglect Proceedings in Montana Courts, Montana Supreme Court, Office of the Court Administrator. December 1996. pp. 21 – 23.

 21. HRS v. SH, 666 So.2d 1039 (1996). In 1997, HRS was renamed the Department of Children and Families.

 22. Dana Mack, The Assault on Parenthood: How Our Culture Undermines the Family, (New York: Simon & Schuster, 1997) p. 59.

 23. Judy Sheindlin, Don’t Pee on My Leg and Tell Me It’s Raining, (New York: HarperCollins, 1996) pp. 146-147.

 24. U.S. Department of Health and Human Services, Final Report: Illinois Child and Family Services Review, January 2010.

 25. In the Interest of S.D., 670 So.2d 1099 (1996).

 26. Blanca P. v. Superior Court, 45 Cal.App.4th 1738 (1996)

 27. In re Brequia Y., 57 Cal.App.4th 1060 (1997). (In which seeking termination based on grounds barely more substantial than that the mother consumed alcohol was not considered as among those extreme grounds).

 28. In re Kimberly F., 56 Cal.App.4th 519 (1997).

 29. State ex rel. Juv. Dept. v. Johnson, 997 P.2d 231 (2000).

 30. Nina Wasow, Planned Failure: California’s Denial Of Reunification Services To Parents With Mental Disabilities, New York University Review Of Law & Social Change, Vol. 31:1, (2006).

 31. Performance Audit, Foster Care: Reviewing Decisions To Remove Children From Their Homes, Legislative Division of Post Audit, Kansas, October 2006.

 32. Daniel L. Hatcher and Hannah Lieberman, Breaking the Cycle of Defeat for ‘Deadbroke’ Noncustodial Parents through Advocacy on Child Support Issues, Clearinghouse Review, May-June (2003).

 33. Daniel L. Hatcher, Collateral Children: Consequence and Illegality at the Intersection of Foster Care and Child Support, Brooklyn Law Review, Vol. 74, No. 4, (2009).

 34. Martha Shirk, Complex Issue: Billing Parents For Foster Care, Post-Dispatch, (May 5, 1991).

 35. In Re: The Adoption Of: H.L.W., No. 71A03-0911-CV-516, Court of Appeals of Indiana, July 28, 2010.

 36. In Re Interest Of Gabriela H., 280 Neb. 284 (2010).

 37. Daniel L. Hatcher, Foster Children Paying For Foster Care, Cardozo Law Review, Vol. 27, pp. 1797-1852, (2006).

 38. Dana Mack, pp. 72 – 73.

 39. Betsy Gotbaum, Office of the Public Advocate for the City of New York, Families at Risk: A Report on New York Citys Child Welfare Services, December 9, 2002.

 40. Nebraska Gov. Dave Heineman, web site, State Executive Branch, undated document with job descriptions for various state positions. Copy on file.

 41. Recovery.Nebraska.Gov, Child Support Enforcement – Funds to Nebraska: $10,300,000, as last updated July 13, 2010. Copy on file.

 42. Select House Committee On Child Welfare And Foster Care, Texas House Of Representatives, Interim Report, 2004.

 43. Performance Audit, Foster Care: Reviewing Decisions To Remove Children From Their Homes, see note 31.

 44. See e.g. Susan Orr, Child Protection at the Crossroads: Child Abuse, Child Protection, and Recommendations for Reform, Reason Foundation, October 1, 1999 (noting that police are trained in matters of investigation); Ira Schwartz and Gideon Fishman, Kids Raised by the Government, (Connecticut: Praeger, 1999) p. 129 (joining ranks with other advocates calling for transferring the investigative role to police); Duncan Lindsey, The Welfare of Children, (New York: Oxford University Press, 1994) p. 169 (arguing that child abuse, by whatever degree, “requires firm investigation and prosecution by the police, backed by the courts.”) But see also generally John M. Hagedorn, Forsaking Our Children: Bureaucracy and Reform in the Child Welfare System, (Chicago: Lake View Press, 1995) in which Hagedorn argues persuasively that relegating the investigative role to police will result in little more than the transfer of funding from one expansive governmental bureaucracy to another.

 45. General Accounting Office, State Efforts to Improve The Permanency Planning Process Show Some Promise, HEHS-97-73, May 7, 1997.

 46. In the Interest of SHA, 728 S.W.2d 73 (1987).

 47. Judge Arthur G. Christean, “The Child Welfare Reform Act of 1994: Is the Cure Worse than the Problem?” Utah Bar Journal, Vol. 10 No. 5, pg 30-42.

 48. Judge Daniel Leddy, “Our foster-care system fails kids and the city,” Staten Island Advance, (July 27, 2010).

 49. PBS Frontline, Failure to Protect, Interview: Martin Guggenheim, undated.

 50. State Ex Rel. SMW, 771 So. 2d 160 (2000). Would that it had ended there, however the state’s Supreme Court reversed, upholding the termination in State Ex Rel. SMW, 781 So.2d 1223 (2001), most effectively instructing the lower court not to make waves.

 51. In Interest Of CNG, 531 So. 2d 345, (Fla. 5th DCA 1988).

 52. See e.g. Springer’s dissents in Matter of Parental Rights as to Deck, 930 P. 2d 760 (1997), Matter of Parental Rights as to Bow, 930 P. 2d 1128 (1997), and Matter of Parental Rights as to Daniels, 953 P. 2d 1 (1998). See also Matter of Parental Rights as to Carron, 956 P. 2d 785 (1998) in which Springer described what he considered as a “legally-sanctioned abduction” in a termination and adoption case.