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Archive for the ‘Foster Care’ Category

Ombudsman Reveals Grim Realities of Foster Care in Victoria, Australia

Tuesday, June 8th, 2010 by Robert Franklin, Esq.

The Australian state of Victoria is all in a lather about its Ombudsman’s report on the condition of its foster care system. In a word, it’s dismal. The Ombudsman, George Brouwer, investigated the foster care system and issued his report on May 25th. Since then the government has shifted into full damage-control mode.

Brouwer didn’t like what he found and neither do the news media, as this article shows (The Australian, 5/29/10). It’s not just that there are widespread reports in government files of sexual abuse by foster “carers,” children with fractured skulls and broken legs, drug trafficking by “carers” to children or children pimped out. Nor is it just that children are often removed from their parents only to find themselves living in seedy motel rooms or travel trailers. The actual facts of the cases of abuse which run to over 10% of the population of children in care are bad enough, but they’re not the worst of it.

The worst of it is that it’s all more or less inevitable given the fact that the state agency running the whole thing, the Community Services ministry headed by Lisa Neville, routinely fails to follow its own rules for deciding who should be allowed to be a “carer.” Because of that, known drug addicts and sex abusers made it onto the list of acceptable placements.

Perhaps worse than that is that the agency in fact has little-to-no idea of what’s going on in its foster homes. That’s because its records are spotty at best and often inaccessible anyway.

But perhaps most disturbing was Brouwer’s conclusion that there is a complete lack of transparency and independent oversight about the quality of state care being provided.

The department does not keep complete statistics on all allegations of abuse, does not contribute figures to the federal Productivity Commission for national comparison and does not reveal publicly the number of allegations investigated.

The only data the department itself collected relating to the allegations that the Ombudsman could find was dated from 2005-2006.

The Child Safety Commissioner collects data on allegations of abuse but that information goes to the department itself and is not made public.

How can the government begin to fix these problems if it does not know the extent of them or let the public know?

Frankly, when government agencies don’t let the public know what they’re doing, you can be sure that there’s trouble afoot, and so it is here.

For her part, Neville defends her agency saying that things used to be worse, and apparently that’s right. But it stems from the fact that until as late as the 1980s, Australia favored group homes for children in need of out-of-home care. Group homes there, as here in the U.S., are notorious for abusing the children placed in them. So Neville’s defense that it’s better than it was then sets the bar entirely too low.

If you want to read the 135-page report, here it is. But one thing you won’t find in it is any inquiry into how, why and with whom children are placed once the decision is made to remove them from their homes. So we don’t know if, as is true in the U.S., child welfare authorities are wont to avoid placing children with fathers when mothers prove abusive or neglectful. There’s not a word in the report about that.

And as a consequence, there’s not a word about fathers as a potential cure for the vastly overburdened Victoria system of foster care. Here in the U.S. it’s an obvious partial solution to a significant problem. I’d bet it would be in Victoria too. But as concerned as they are about their foster care problems - and appropriately so - neither the government, the ministry nor the Ombudsman shows any sign of looking at the obvious. Father? The word appears but once in the entire report.

Mom, Son Reunited After 2-Year CPS Nightmare

Sunday, May 30th, 2010 by Robert Franklin, Esq.
lisakirkman

Lisa Kirkman

The case that’s dropped jaws all across the U.S. and Canada is finally coming to an end.  Judge Kip Leonard is finally allowing Noah Kirkman to return to his native Calgary after two years in foster care in Oregon.  Read about it here (Yahoo, 5/29/10).

I and countless others have written outraged pieces about the case.  Noah Kirkman is now 12 years old.  When he was taken into foster care by Oregon authorities two years ago, he had not been abused; he had not been neglected.  No one has ever claimed that his mother Lisa Kirkman (pictured) or his stepfather John Kirkman has ever been anything but a good parent to him.  That’s reflected in his grades which are straight A’s despite Noah’s severe  ADHD.

No, in their zeal to substitute foster care for parental care, Oregon child welfare authorities decided that Lisa Kirkman had abandoned her son.  How did they figure that?  Well, he was living with his stepfather in Oregon, that’s how.  Make sense to you?  After all, John has been the boy’s steadfast and true dad for 10 of his 12 years on this earth.  How Oregon child welfare workers and Judge Leonard concluded that a boy, who’s never been abused or neglected in any way and who’s living with his stepfather, had been abandoned is one for the record books.  In all the annals of state intervention into families, has there ever been a case more arbitrary or capricious?

Recently, Lisa Kirkman asked what Oregon child welfare authorities do with kids who go to summer camp.  She had a point.  If a stepfather has no parental authority, does a camp counselor?  Can we look forward, in the upcoming weeks, to child welfare sweeps of Oregon summer camps for kids?

In the meantime, we can also enquire as to what’s changed to make the judge allow Noah to return to Canada.  Is he in some way less “abandoned” now than he was two years ago?  Have Lisa and John miraculously become better parents?  I doubt it.  I think the extreme level of public and media-based outrage at the highhandedness of the judge and the Oregon DHS forced them to do the obvious - the thing that any non-zealot would have done from the very first day - send Noah home to his dad and move on to real cases of children who suffer from parental abuse or neglect.  In other words, Oregon DHS should have done its job.

Amazingly enough though, Judge Leonard didn’t return Noah to John and Lisa; he returned him to his grandparents in Calgary.  How that makes sense is anyone’s guess, but it looks suspiciously like a judge trying to make himself look like a little less of a fool than most people probably think.  He actually maintains the fiction that the Kirkman’s household may not be the best thing for Noah, although he doesn’t mention why it wouldn’t be.

Whatever the case, I have a couple of pieces of advice for the Kirkmans.  First, once your son is beyond the jurisdiction of the Oregon court, bring him home to your house.  He can see his grandparents any time and he’ll be beyond the reach of Judge Leonard’s draconian grasp.

Second, talk to an Oregon attorney about suing the state’s DHS under Oregon’s tort claims act.  My antennae tell me that there was a lot of negligence involved in the decision to take your son.  And you can count on a sympathetic jury.  Almost every one on it will sit in court listening to the evidence while the sentence “there but for the grace of God go I” runs through his/her head.

Thanks to Charles and Lawrence for the heads-up.

F & F Bill to Protect Disabled Parents’ Child Custody, Visitation Rights Passes Assembly, Senate

Monday, May 10th, 2010 by Glenn Sacks, MA, Executive Director

Fathers & Families’ mission is to protect children’s right to the love and care of both parents after divorce or separation. We often hear from disabled or partially disabled parents who have been driven to the margins of their children’s lives because the other parent has used their disability/partial disability as a pretext to deny them custody or visitation with their children.

While some disabled people are truly unable to care for their children, many are not. California Senator Rod Wright’s (D-Los Angeles) SB 1188 will address and help solve this problem. Fathers & Families has joined with Disability Rights California, one the nation’s largest and most respected disabled advocacy organizations, and the American Retirees Association in co-sponsoring SB 1188, which passed the Senate in May and has now passed the Assembly.

Fathers & Families has helped garner the support of the Family Law Section of the State Bar of California, the Association of Certified Family Law Specialists, the Association of Family and Conciliation Courts, AMVETS Department of California, and others for SB 1188.

Existing California family law codes do not address the issue of disabled parents, leaving the door open for unnecessary and often expensive litigation, even in cases where the disabled parent had been successfully parenting the children for many years prior to the separation or divorce.

SB 1188 will add Section 3049 to the Family Code. It will read:

3049.  In any proceeding to determine child custody or visitation under this part, in which at least one parent is disabled, the disability of that parent may not form the basis for an order granting custody or visitation to another party, or for an order for imposing any condition or limitation on an award of custody to or visitation by the disabled parent, unless there is a finding by the court that  a grant of custody or visitation to, or a condition or limitation on custody or visitation by, the disabled parent would not be in the best interest of the child. This section applies to any proceeding regarding custody or visitation, including, but not limited to, a request for a modification of an existing order for custody or visitation…

SB 1188 shifts the burden of proof onto the parent who raises the disability as an issue, serving as a deterrent to a parent seeking to raise the issue as a way to cause unnecessary litigation. It also reduces disabled parents’ litigation costs and helps reduce court calendar time and costs at a time when California is struggling with budget woes.

If you are a disabled parent, we want to hear from you–please fill out our form here. If you have a family law problem or feel that your disability has been used against you, please also fill out the last two boxes of the form.

A Mother’s CPS Nightmare: Canadian Mom Lisa Kirkman Still Separated from Son

Monday, May 10th, 2010 by Robert Franklin, Esq.
12-year old Noah Kirkman

12-year old Noah Kirkman

Since it’s Mother’s Day, I thought I’d add a few details to what I’ve already written about Noah Kirkman and his mom, Lisa. Noah is the 12-year-old Canadian boy who went to Oregon two years ago to spend some time over the summer with his stepfather, John Kirkman. John and Lisa are married and have a daughter together. Noah is Lisa’s son with another man who’s been out of the picture since Noah was two. John has been Noah’s only father since then.

While in Oregon, the police picked up Noah for things like riding his bicycle without a helmet and eventually placed him in foster care. He’s been there ever since - four different families in two years. Why are Oregon authorities holding Noah in foster care? What form of abuse or neglect did he suffer at the hands of John and Lisa? None whatsoever. You read that right - none whatsoever. Noah has been diagnosed with ADHD, and so he has a file with Canadian child welfare authorities, but there’s never been an allegation of abuse or neglect.

One remarkable conclusion by Oregon judge Kip Leonard and Oregon DHS was that John Kirkman lacked parental authority over Noah. He’s been the boy’s only father for 10 years and he’s married to Noah’s mother, but somehow that counts for naught with the powers that be in Oregon. And because John had no “parental authority,” that meant Lisa had “abandoned” Noah in Oregon.

I know; you think I’m making that up, but really and truly, it’s what happened.

This article gives us a few more interesting facts about the arrogance and overreaching by Judge Leonard and the State of Oregon (Salem News, 5/9/10). It’s the best article I’ve read to date on the case.

Consider this:

Lisa hasn’t seen her son since July, 2009, and the family is only permitted one 15-minute supervised call with Noah every two weeks during which they are not allowed to say anything to Noah about coming home or how much they miss him. When they have, their calls have been cut off.

“It is literally easier to visit someone in prison, than to schedule a phone call so that he can speak to his sister on the phone,” his aunt said.

Or this:

Everything his mother and family send to him is screened by DHS, and they do not know how much of it he receives.

Or this:

Though Noah is computer literate, his foster parents do not make one available to him, so he also doesn’t have access to email.

Or this:

Lisa was mandated by the Lane County Judge (Leonard) to participate in Home Studies, parenting classes, and months of therapy, and when those things were completed, the Judge’s response was, “This is not a checklist. I’ll decide when he gets to go home.”

All of which raises the question “Is Noah in foster care or prison?” As his aunt points out, it’s easier to contact an incarcerated felon than it is for Noah’s own mother to speak to her son.

As I said, this is not the first time I’ve written about Noah, Lisa and John Kirkman. I wanted to give readers a link to the new article because it gives a better sense than anything I’ve read on the case of the arbitrary power wielded by child welfare authorities and judges in juvenile proceedings.

Let me be clear; the State of Oregon kidnapped Noah Kirkman. It has done so with complete impunity. Let no one believe that this situation is unique. It may be worse than most cases, but more and more, states are reaching into families, substituting their own decisions for those of parents and taking children from them. Of course sometimes that’s appropriate; sometimes it’s necessary. But what Lisa Kirkman can tell us on this Mother’s Day is that there’s no brake on state power to take children from parents. Once the decision is made, parents, even good ones like John and Lisa have little recourse. Listen.

“I have been investigated by Canadian social services and found to be a good parent who provides a good home to her children and they have no concerns, so they closed my file. I’ve never lost custody of my daughter, who is 7,” Lisa Kirkman said.

“None of my family has been criminally charged with anything and their big complaint against me is that I “abandoned my son in Oregon” and left him with someone who technically, has no ‘parental authority,’ namely my husband, the only father has ever known.”

By these standards, parents “abandon” their children when they send them to summer camp, as no person there would have legal “parental authority.”

Friends and gentle readers, make no mistake; if it can happen to the Kirkmans, it can happen to you.

Mothers’ Day Rally to Bring Home Noah Kirkman

Monday, May 10th, 2010 by Robert Franklin, Esq.

There’s going to be a big rally on Mother’s Day, May 9th,  in Calgary to bring home Noah Kirkman.  I urge everyone who can to attend.  Anyone who can’t be there should take any form of peaceful action they can think of to let Oregon DHS authorities and Judge Lenard know that they need to let this boy go back to his parents.

For those of you who haven’t read about Noah either on this blog or elsewhere, the facts of his case will disturb anyone who believes that states should butt out of family life whenever possible.  What’s happened is about as blatant an exercise of naked state power as you can imagine. 

Two years ago, John Kirkman, Noah’s stepfather, traveled to Oregon to spend some time out of Alberta’s winter.  In Oregon, a police officer apprehended then-10-year-old Noah for riding his bicycle without a helmet.  He may have also been seen on the property of an industrial park.  Whatever the case, the police picked up Noah and turned him over to child welfare workers.  Investigating the case they found that Noah’s mom, Lisa Kirkman had once been arrested for a short time for her advocacy of medical marijuana and that Canadian child welfare authorities had a case file on Noah.

As to the latter, in Canada, when a child has been diagnosed with ADHD as Noah has, he’s eligible for services from the state.  So the fact that there’s a file on Noah is not as sinister as the State of Oregon apparently believes it is.

Into the bargain, apparently the fact that John Kirkman is Noah’s stepfather and the only dad he’s had since he was two years old means that he “has no parental authority” in Oregon.

The upshot?  Noah has spent the last two years shuttling from foster home to foster home - four in all.  That’s not because John and Lisa aren’t perfectly fit parents; they are.  It’s not because the State of Oregon isn’t spending a lot of its tax money uselessly on foster care for a child who doesn’t need it; it is.  It’s because the State of Oregon, like so many other states in so many other situations has arrogated to itself far too much power to intervene in parental care of children.  It decided to take Noah Kirkman on what look to be the slimmest of pretexts.  And when a state decides to take your child, woe be unto you.  It won’t be easy to get him/her back.

So John and Lisa are holding a rally, the particulars of which are below.

I’d like to add, that, while the United States may have some pretty strange ideas about child custody, we also have some pretty expansive ideas about what you can sue for.  In Florida, there’s a lawsuit going on right now in which William Dunn has sued the state’s child welfare agency for failing to adequately investigate claims of child abuse against him and thereby keeping his child out of his care. 

John and Lisa Kirkman, let me suggest you contact an attorney in Oregon who’s willing to sue the state under its Tort Claims Act.  

BRING NOAH HOME MOTHER’S DAY FAMILY RALLY

Sunday, May 9, 2010 2pm-3pm 

Starts: Harry Hays Building

220 - 4th Avenue S.E.

Calgary, Alberta T2G 4X3

Ends: United States Consulate General Calgary

615 Macleod Trail S.E. 


Calgary, Alberta 
T2G 4T8

Noah Kirkman is a 12-year-old Canadian child who was taken into custody by the Oregon Department of Human Services while on summer vacation at his stepfather’s in 2008. Noah has been moved through four foster care placements and three schools in Oregon. Noah’s mother, Lisa Kirkman, and his entire family in Calgary have been fighting to have him returned.

 Noah’s family and supporters will be holding a peaceful, family rally in Calgary on Mother’s Day. The rally begins at the Harry Hays Federal building with a statement by Lisa Kirkman pleading with Prime Minister Harper to intervene. Participants will then proceed to the nearby US Consulate where Lisa will make another statement, demanding of President Obama Noah’s immediate return to Canada by American authorities.

 WEAR YELLOW or a YELLOW RIBBON along side thousands of supporters around the world doing the same for Noah and the 400 Canadian children held abroad awaiting their return to Canada. YELLOW is the color of HOPE and LIGHT and signifies THOSE WHO AWAIT THE HOMECOMING OF THEIR LOVED ONES.

 RETURN NOAH KIRKMAN TO CANADA NOW  Facebook group:

http://www.facebook.com/group.php?gid=259988792133&v=wall

Senate Committee Grapples with Foster Care, but not Father Care

Monday, May 10th, 2010 by Robert Franklin, Esq.

This article is really about a fairly narrow subject - the ability of foster children to remain in the school they’re currently attending when they get moved to a different foster family (MinnPost, 4/30/10). The piece deals only with that topic and the testimony before a senate committee of a girl who spent most of her 18 years in foster care.

As to the subject of the article, I have no objections to changes in the law that facilitate foster children’s stability by allowing them to remain in a given school for as long as possible. Schooling though is not why I bring up this article. I do so because the case of Kayla VanDyke gives us a peek at the life of a child in foster care.

Kayla VanDyke has lived in seven foster placements in and around the Twin Cities during the course of her 18 years on this Earth and, as a result, has now attended 10 different schools.

Along the way, VanDyke missed entire content sections because the school she’d enroll in taught a subject in a different order than the one she’d just left. She inadvertently skipped the entire fourth grade during a year of homelessness. When she and her mom were finally accepted in a Minneapolis homeless shelter, she went back to school and was enrolled in fifth grade because her academic records couldn’t be found and “no one pressed the issue.”

Although the article isn’t clear on this, it looks like Kayla was with her mother at least some of the time until the fourth grade. That’s when they were admitted to a homeless shelter. So her seven different foster homes were in addition to time spent with her mother. Even if she had spent no time at all with her mom, seven homes in 18 years averages out to be a little over 2.5 years per family. And that doesn’t even mention the 10 different schools. Face it, that’s a pretty chaotic life.

From what we can gather, Kayla herself seems to have made it through that maze in pretty good shape, at least academically. What attachment difficulties she may have, if any, the article doesn’t let on about. But suffice it to say that most kids probably don’t fare as well. After all, Kayla is testifying before the Senate; that means she’s got some exceptionally good qualities. By definition, most kids in her situation don’t possess those qualities. As Kayla herself testified, roughly half of kids in foster care don’t finish high school. That alone indicts the foster care system.

To the extent the new legislation (that looks likely to pass) encouraging local child welfare agencies to keep kids in their schools “of origin,” achieves greater stability in their lives, I’m all for it. To the extent that this legislation complicates the foster care process and therefore encourages local agencies to seek out fathers instead of foster care, I’m also for it. Will it have that latter effect? I’d say it’s possible.

Stopping the preference of CPS agencies for foster care over father care isn’t necessarily a federal responsibility, but neither is the schooling of foster children. The U.S. Senate has taken on the one, so why not the other? It would conceivably cut the cost of foster care and connect a fair number of children with their dads. It would also save local CPS agencies the cost of litigation as more and more dads pick up on the fact that federal civil rights statutes give them the right to sue local authorities for deprivation of their parental rights.

Speaking of which, here’s a citation to the Ninth Circuit case establishing that cause of action.

In Finland a Familiar Story: Child Welfare Agencies Choose Foster Care over Father Care

Monday, May 10th, 2010 by Robert Franklin, Esq.

In case anyone thought that fathers have it better somewhere else, consider this article out of Finland (Helsingin Sanomat, 4/30/10). It seems that in that country, fathers are battling child welfare agencies to get custody of their children. They’re having to battle because - surprise, surprise - the child welfare agencies prefer foster care to father care. (Where have I seen that phrase before? Oh that’s right, I’ve written it myself countless times.)

Veli-Matti Korhonen is not the only one to be in such a predicament. Helsingin Sanomat has examined the situations of two other fathers.

Although they live in different parts of the country, they share the experience that officials often only listen to the mother. Fathers are ignored. In spite of a joint custody agreement, the children are placed outside the home.

Sound familiar? It should. In this country, studies show that child protective agencies routinely ignore fathers as a placement alternative when children are taken from mothers. Indeed, the Urban Institute has shown that that happens in well over half the cases even though the father is known in 88%. The discrimination aganist fathers by CPS agencies has grown so bad and so pervasive that lawsuits against them are cropping up. One California case found the United States Ninth Circuit Court of Appeals affirming the lower court decision that a father could sue the child welfare organization under federal civil rights statutes because it had failed to give him the opportunity at custody.

Apparently dads in Finland have no such recourse. Their situation is actually worse than here.

Many fathers around Finland are fighting to keep children who are in foster care, even though they have joint custody agreements with the mothers.

These kinds of situations arise in divorce cases in which the a joint custody arrangement exists, but the mother suddenly decides that she does not want to let the father keep the children when she is rendered unable to do so.

Such conflicts can last for years. The children in such cases suffer the most, even though everyone involved is ostensibly acting in their best interest. Municipal costs for child protective services have quadrupled in the past decade.

So, even as we’ve seen so often in the U.S., child welfare agencies bypass dads in favor of foster care. That’s at no small cost to the children, to the fathers and to the taxpayers, but they do it anyway.

And it looks like it’s all up to the mother. That too looks familiar. The situations in which fathers’ rights are placed firmly in the hands of mothers are many, and foster care is one of them. For a mother, the words “I don’t know who the father is” go a long way toward deciding whether he gets to see his child or not.

But if the article is accurate, in Finland, if “the mother suddenly decides that she does not want to let the father keep the children” then it’s off to foster care for them and off to court for him. Somehow, someone must think some portion of that makes sense, but I can’t imagine who or how. Fathers should have enforceable (by fathers) rights to children; children should have enforceable rights to fathers. Public policy and law that recognize those two things would save tax money. The only “downside” is that mothers would have to cease to be the sole arbiters of children’s and fathers’ rights.

“The law requires that the parents should be treated even-handedly, but in practice, mothers get support, and fathers are left on their own”, says one father. “A father who cares for his children is in a weak position.”

The sense of agony is also something that the men share. “This is hell on earth. A weaker person would have given up already.”

Again, as we’ve seen before, the law may be gender neutral, but if judges and agency personnel want it to be pro-mother, it is. That’s why lawsuits can be so effective at accomplishing what laws alone do not. Experience teaches that, while CPS agencies may be staffed by people with an anti-dad mindset, juries seldom are. Dads should quit going hat in hand to agencies that have proven time and again to disdain them.

Expert: LA child welfare system tied up with ‘huge number of false allegations’

Sunday, September 20th, 2009 by Glenn Sacks, MA, Executive Director

“Gerardo R., as he is known in court documents, never beat his children. He did not torture them or stab them or brutalize them. He was a loving father who’d always been a part of his children’s lives — and when their mother lost custody, he immediately stepped forward. But he had to fight for his children’s right to live with him.

“Why? Because he was unable to afford housing deemed satisfactory to the Los Angeles County Department of Children and Family Services. For that, his children were denied the chance to live with their father and even had their right to have him in their lives terminated forever, until a California appellate court intervened.”

Richard Wexler, Executive Director of the National Coalition for Child Protection, has an interesting commentary on the problems with the Los Angeles child welfare system, saying the system is being tied up with “a huge number of false allegations, trivial cases and cases in which family poverty is confused with neglect.”

I would imagine that most of the false allegations are made in custody battles, and it’s one more example of how the truly abused are harmed when people use false abuse claims to manipulate the system for personal gain.

From Wexler’s L.A.’s beleaguered foster care kids (Los Angeles Times 9/16/09):

Contrary to the stereotype, most parents who lose their children to the county and to foster care are nothing like the sadists and brutes who make headlines. Tragedies like the ones this summer — in which two youngsters, Dae’von Bailey and Lars Sanchez, were killed within family units that the county had evaluated — are rare. Far more common are cases in which parental poverty is confused with parental neglect. Other cases fall squarely between the extremes, the parents neither all victim nor all villain.

As it turns out, it is a serious mistake to pull children out of their homes just because their parents are poor or imperfect, just as it is a mistake to leave them in homes where parents are dangerous brutes. A landmark study of 15,000 typical foster care cases showed that children placed in foster care usually fared worse in later life than comparably maltreated children left in their own homes.

The foster children were more likely to commit crimes, more likely to become pregnant as teenagers and less likely to be able to hold a job as young adults. Another study found that only one in five former foster children was doing well as a young adult. That’s not really surprising, considering that foster children often bounce from placement to placement, emerging years later unable to love or trust anyone.

These everyday horrors of foster care don’t get much notice; they accumulate over years, and they are often hidden by confidentiality laws that protect not the children but the child welfare system itself. So the public, understandably, assumes that the only mistake the system makes is to keep children in dangerous homes.

In fact, agencies like the Department of Children and Family Services can be arbitrary, capricious and cruel. They do indeed leave some children in dangerous homes, even as they take more children from homes that are safe or could be made safe with the right kinds of help.

The two errors are directly related.

When children are left in dangerous homes, it’s almost always because a caseworker didn’t have the time to talk to one more witness, make one more phone call to law enforcement or check another record. What’s overwhelming those workers is a huge number of false allegations, trivial cases and cases in which family poverty is confused with neglect. By the time the court cases were finished, the county had spent years keeping Gerardo R.’s family apart — time, in effect, stolen from other cases and other children who could have been in real danger.

Read the full piece here.

Outrage: Boy Languishes in Orphanage as Italian Courts Refuse to Return Him to His American Dad

Monday, August 17th, 2009 by Glenn Sacks, MA, Executive Director
mccarty

Michael McCarty, father of Liam

When a mother and father are divorced or separated, and a child welfare agency removes the children from the mother’s home for abuse or neglect, an offer of placement to the father, barring unfitness, should be automatic. Yet in the report What About the Dads?, the Urban Institute presents a shocking finding: when fathers inform child welfare officials that they would like their children to live with them, the agencies seek to place the children with their fathers only 15% of the time.

We’ve often discussed this issue. In my co-authored column Choosing Foster Parents over Fathers (San Diego Union-Tribune, 7/11/07) I detailed the heartbreaking Melinda Smith case, in which a San Diego father and daughter were needlessly separated by the foster care system for over a decade. I wrote:

Smith was born to an unwed couple in 1988. Her father, Thomas Marion Smith, a former Marine and a decorated Vietnam War veteran, saw Melinda often and paid child support. When the girl was four, her mother abruptly moved without leaving a forwarding address. Two years later, Los Angeles County Department of Children and Family Services found that Melinda’s mother was abusing her. Though the social worker for the case noted in the file that Thomas was the father, he was never contacted, and his then 6-year-old daughter was placed in the foster care system.

Michael & Liam

Thomas–whose fitness as a father was never impugned nor legally questioned–continued to receive and pay his child support bills. Authorities refused to disclose his daughter’s whereabouts, and didn’t even inform him that his daughter had been taken by the County. Smith employed private investigators and attorneys to try to find Melinda and secure visitation rights, but he eventually ran out of money.

Rather than allowing Smith to raise his own daughter, the system shuttled Melinda through seven different foster care placements. An understandably angry child, her outbursts led authorities to house her in a residential treatment center alongside older children convicted of criminal activity—when she was only seven years old.

Melinda says that during this period she was told that her father was a “deadbeat dad” who had abandoned her. When Melinda was 16, she told an investigating social worker that the “most important thing” for her was to find her dad. Moved by her story, the social worker began searching for Melinda’s father–and found him in one day.  In 2005, Thomas and Melinda were finally reunited.

Unfortunately, the Smith case is no aberration…What About the Dads? makes it clear that many child welfare workers treat fathers as an afterthought. The report found that even when a caseworker had been in contact with a child’s father, the caseworker was still five times less likely to know basic information about the father than about the mother. Just as with Thomas Smith, 20% of the fathers whose identity and location were known by the child welfare agencies from the opening of the case were never even contacted.

A new case, involving American father Michael McCarty and his 7-year-old son Liam Gabriele McCarty (pictured, right) is similar, and just as appalling. In American father Michael McCarty fights to rescue his son from an Italian orphanage (8/17/09) Examiner.com columnist Barbara Thompson, a frequent commenter on www.GlennSacks.com, writes:

In 2007, Liam McCarty was kidnapped by his mother and taken out of the country in violation of a NY court order. After arriving in Italy, Italian officials determined that she was an unfit mother and placed the boy in an orphanage. For more than two years, Michael McCarty, who has sole legal and physical custody of young Liam, has fought to bring his son home.

In 2007, Michael McCarty and Manuela Antonelli were involved in a nasty custody battle over Liam in New York where the family resided.

Antonelli had made numerous allegations of abuse against McCarty but investigations by the NYPD, New York District Attorney’s Office, Children’s Services, and numerous court-appointed mental health professionals all found the accusations to be “unfounded,” “baseless,” and “false.”

Antonelli was diagnosed with severe personality disorders and was determined to be an unfit parent. Sole legal and physical custody was awarded to McCarty, an order was issued that Liam not be taken out of the United States, and a judicial finding of parental alienation was made against the mother.

On March 5, 2007, Manuela Antonelli picked her son up from kindergarten and fled the country in direct violation of the court orders. She returned with the boy to her native Italy where she continued to make accusations of abuse against McCarty.

According to the Hague Convention, Italian officials should have returned Liam to the US where his father had legal custody. For some reason, they did not, setting off a battle in Italian courts.

For nearly two years, Michael McCarty was denied any access to his son. Eventually, the Italian courts came to the conclusion on their own that Antonelli’s accusations were false and that she was a danger to Liam. Still, instead of returning the boy to his father, Italian Social Services assumed custody and Liam was placed in an orphanage.

Over the past few months, Michael McCarty has been able to visit his son in the orphanage under strict supervision, but there is no word on when he will be able to bring the boy home. McCarty says he is concerned that his son’s condition seems to be deteriorating while the case is tied up in Italian courts.

Manuela Antonelli is wanted by the FBI and Interpol but Italy has refused to extradite her. She is still on the run.

Like David Goldman and hundreds of other parents of abducted children, Michael McCarty has sworn to never give up the fight to bring his son home. He has set up a website to tell his story and accept donations to fund his ongoing legal battle and travel to visit his son.

Fox News did an excellent interview with Michael McCarty–to watch, click on A Father’s Tale: Dad Fights for Kidnapped Son (8/17/09). McCarty’s website is http://www.saveliam.org.

Action Alert: Does Dear Abby Believe Kids Need Foster Care Before Their Fathers?

Friday, June 12th, 2009 by Glenn Sacks, MA, Executive Director

It may well be just a case of careless wording. I hope it is. But Dear Abby’s June 12 column implies that if a mother isn’t taking care of her children properly, putting them in foster care is a more viable option than placement with their father. From Mom’s careless spending may cost children their home:

Dear Abby: My sister has five children, all younger than 18. She has full custody and receives child support every month from her ex-husband. The problem is, she has been spending that money on her boyfriends instead of her children. Because of it, they have been homeless twice, and it may happen again. The only person in that household with a steady job is the oldest, but he can’t support all of them by himself. How can I make my sister see how irresponsible and immature she is? - Alarmed Auntie in D.C.

Dear Alarmed Auntie: Your sister’s behavior is not only irresponsible, but also detrimental to the welfare of her children. If it’s possible, contact their father and let him know what has been going on. Also contact Child Protective Services because although foster care is not ideal, it would be better than what’s going on.

So we have an identifiable father (who also pays child support every month), yet while Abby does recommend “contacting” him “if possible,” she seems to hold out foster care placement as an apparently better (or equally viable) option.

I don’t think this is what Abby really believes, but it is important for her to clarify that she believes fathers come before foster care. Write to her asking her to do so by clicking here.

This problem is very real. Research shows that when children of broken families are abused by their mothers, the child welfare system often places them into the foster care system instead of with their dads. To learn more, see my co-authored column Choosing Foster Parents over Fathers (San Diego Union-Tribune, 7/11/07).