News roundup
....December14, 2022
Good morning! I’ve been in trial for a few days, so I’m just getting around to checking out the child welfare news. Here goes:
Here’s an interesting piece in the New York Law Journal suggesting that a judge’s appointment of a GAL in a child custody case violates the parties’ 14th amendment constitutional rights to a fair and impartial hearing by an impartial court. “Putting a GAL in place is usurping the role of the court where the GAL is putting facts together to convey a perspective in the child’s best interests,” the authors say. “Each parent puts forth their belief regarding what is in the child’s best interests, and the court should be making a best interest decision of the facts the parents as parties put forth.” The article is currently behind a paywall but you can get it if you have a subscription to the Fulton County Daily Report or Law.com.
Is the foster system worth fostering? The Regulatory Review asks the question.
Colorado is looking at doing more to prevent and address homelessness among former foster youth, according to CBS News.
Also in Colorado, a task force is working to clarify mandated reporter obligations.
Tennessee’s DCS is burned in a recent government audit.
Reporting on the impact of child protection investigations on black families in Arizona.
Finally, child rights and disabilities advocates have filed a lawsuit against North Carolina, accusing the state of “warehousing” children in foster care who have disabilities.
Remember to please help children in care have a Merry Christmas this year by considering buying gifts for them through Clark’s Christmas Kids!
Are we missing any interesting developments? Please let me know!
Great information this week and much to think about. My takeaway from all articles is the system is broken. ASFA is well intended yet I met case managers every day that have no idea how or why concurrent case planning or expedited TPR works. There is no doubt a disproportionate amount of minority children in care. This brings me to the GAL articles. My observation is many times the GAL wants to be a child’s voice based on their own values. Why don’t we approach this like a jury pool? Ask family members to provide three to five people they believe can help guide the family. This is a more holistic approach and aligns with the culture and norms of where the child is in crisis. A teacher, a neighbor, a relative, a clergy, etc. This type of treatment team could provide more solutions to maintain the child in the community than a GAL who has 40 hours of training and a lifestyle that is often vastly different. Sometimes thinking out of the box requires us to let go of what we know and learn something new. I am glad the conversation is happening. Kids in care need some solutions. Hotels and single night placements are not the answer. We are providing a roof and four walls at the expense of long term trauma and mental health. Let’s build something that works. ❤️