- Progressive law school opinion has never made its peace with Milliken v. Bradley, which is another reason not to be surprised that the coming campaign cycle might relitigate the whole school busing issue [Em Steck and Andrew Kaczynski, CNN on 1975 Elizabeth Warren article]
- Irony? School “anti-bullying specialist” seems to have bullied students over officially disapproved expression [Robby Soave, Reason; Lacey Township, N.J. students suspended over off-campus Snapchat]
- How Abbott and other New Jersey school finance rulings wound up plunging the state deep in debt [Steven Malanga, City Journal; earlier here and at Cato on New Jersey and more generally on school finance litigation including here, here (Kansas, etc.) and at Cato (Colorado)]
- “Pennsylvania School District Warns Parents They Could Lose Kids Over Unpaid School Lunches” [AP/CBS Philadelphia]
- “Educational Freedom, Teacher Sickouts, and Bloated Higher Ed” [Cato Daily Podcast with Corey DeAngelis, Neal McCluskey, and Caleb Brown]
- No shock, Sherlock: New York law suspending statute of limitations for suing schools results in higher insurance premiums for public districts [New York Post]
All at Reason: “After a False Accusation, Police and Child Services Forced a Family Apart for 7 Months” [Robby Soave] “Cop Arrests Mom for Letting Kids Wait in Car During 10-Minute Errand” [Lenore Skenazy] “A Mother Spends a Week in Jail, Is Fired From Her Job, and Temporarily Loses Her Kids After a Police Mix-Up” [Zuri Davis]
“Kentucky social workers are failing to have courts properly scrutinize and approve the drastic step of taking some children from their homes, relying instead on blank removal orders with pre-signed judges’ signatures, which is illegal according to several attorneys and judges.” The practice, now ended following an investigation by local broadcaster WDRB, was rationalized by the state Cabinet for Health and Family Services as a way to speed things up on evenings and weekends when family court judges are not sitting, although on-call judges are supposed to be available during those times to review removal orders. The practice raises grave due process concerns, since it means that judges had not (and perhaps would not have) signed off on removal orders after individualized review, and if need be questioning, of the underlying allegations. It also permits allegations to be filled in after a child is taken, perhaps tailored to whatever household conditions were or were not discovered during the seizure. “In addition, cabinet workers have allegedly called judges after hours and told them about the need to remove one child from a home, but then used multiple copies of pre-signed emergency custody orders to take more than one juvenile.” [Jason Riley, WDRB via Robby Soave, Reason]
- Stop active-shooter drills in schools: “Preparing our children for profoundly unlikely events would be one thing if that preparation had no downside. But in this case, our efforts may exact a high price.” [Erika Christakis, The Atlantic] “Lockdowns and active-shooter drills have led to officers firing blank rounds to simulate live fire, mock executions of teachers, and students tearfully writing out wills while hunkered down. …Last year, The Post reported an estimate that the odds of a child being fatally shot while at school any given day since 1999 was 1 in 614,000,000.” [Jonathan Blanks, Washington Post/Cato]
- After ordeal with Child Protective Services based on drug test fluke, Western New York mom “is certain of one thing, she’ll never eat a poppy seed again.” [WROC]
- Answer: no. “Should access to a public education be a constitutional right for all children?” [Jessica Campisi, Education Dive; Mark Walsh, Education Week, covering AEI debate on holding of 1973 Supreme Court case of San Antonio Independent School District v. Rodriguez against such a federal right]
- Pay attention to the politics of schools of education, because they help determine what you’ll see in the classroom down the road [Jay Schalin, Martin Center] More: University of Washington’s Secondary Teacher Education Program “is a 12-month immersion in doctrinaire social justice activism.” [Quillette]
- “The Regressive Effects of Childcare Regulations” [Cato video with Ryan Bourne]
- “Court revives Obama-era rule that incentivizes racial quotas in special ed” [Liam Bissainthe]
Diane Redleaf led a symposium at Cato Unbound in November in which I participated (more here and here) on the formidable power of Child Protective Services. And now The Atlantic has published an article in which Redleaf explores some of the themes of her newly published book They Took the Kids Last Night: How the Child Protection System Puts Families at Risk. Not surprisingly, there are horror stories galore:
After detecting a second possible rib fracture, Texas CPS authorities demanded that the family abide by a restrictive safety plan. The parents, in turn, pointed out that the fractures were quite possibly the result of birth trauma or a potential genetic condition, and asked the state for an independent evaluation, but their request was denied. The family was compelled to use its own resources to gather five medical opinions from a geneticist, an endocrinologist, an obstetrician, a maternal- and fetal-medicine specialist, and a neonatologist. All took the family’s side, but the CPS-affiliated pediatrician still pressed to keep the investigation open, until the family’s lawyer intervened. The CPS investigation against the family stayed open for 71 days, with round-the-clock supervision imposed on the family for 55 days.
As well as ideas for improving the system:
The CPS system needs some sensible checks to protect the innocent. “When in doubt, call the hotline” inevitably leads to unnecessary stress for wrongly accused families. Unless there’s reason to fear imminent harm to a child, a medical review for “reasonable suspicion” should precede rather than follow the decision to place a call. States need to use neutral decision makers. Relatedly, doctors who work directly with the state need to disclose their roles so that parents have a genuine and fair choice about how to respond to allegations against them; parents shouldn’t mistake physicians tasked with evaluating the merits of a hotline call for members of their child’s medical-care team.
Full piece here.
As I mentioned in my earlier comment, there are agencies willing, as policy, to snatch children from parents over marijuana use in the home, over letting Junior sit in the back seat while Mom picks up the dry cleaning, over playing alone in the park at age 8, and over a host of other infractions within past or present normal range. Ten years from now, maybe the triggers will be cigarette smoking in kids’ presence, moderate drinking during pregnancy, or a snack-food-based diet. Being popped into the care of paid strangers through multiple and shifting placements may involve getting yanked into a different school system, losing touch with your old friends, and crying yourself to sleep each night from missing your real family – but never mind, agencies record a low rate of formal abuse findings in situations like yours. Above all when shifting policy and value judgments get framed in the language of claims to expertise, families fear CPS, and they are right to fear CPS.
The discussion is led by attorney Diane Redleaf, author of the just-published book They Took The Kids Last Night, with Prof. James Dwyer of William and Mary Law School as the third participant.
This month I’m participating in a Cato Unbound symposium on Child Protective Services and family rights. In its lead essay, attorney Diane Redleaf details some of the ways in which CPS agencies can arm-twist parents into so-called interim placements and safety plans that separate families with little or no judicial review. Participant James G. Dwyer, in a response essay, takes a relatively positive view of the agencies’s work. My essay, by contrast, generally backs up Redleaf’s critique of CPS as a species of government enforcement agency gone wild: far too often, these agencies seize children from parents based on flimsy evidence, second-guess everyday parental behavior and decisions, or act on misguided Drug War zeal.
Redleaf in her essay then goes on to raise distinctive objections about how the agencies negotiate with parents before a judge has ruled on their cases, which I paraphrase thus:
…what sorts of policy response should apply to agencies’ practice of proffering to parents ostensibly voluntary interim placements and “safety plans”? What happens when parents regret—the next month, or the next day—having agreed to those conditions? Can they reopen the concessions they made, and how? Does it matter whether the agency has withheld information from them or menaced them with worst-case scenarios?
In my response essay, I argue that the problems with these practices are real but that legal attack on the voluntariness of interim plans is likely to be of at best limited helpfulness because our courts follow a strong presumption of enforcing settlements as written. More promising in the long run, I argue, may be to impose direct obligations on agencies to respect families’ autonomy without attacking the settlement process as such. “Safeguarding every family’s rights will, as one of its benefits, shore up families against unwise surrenders of their rights.” [cross-posted from Cato at Liberty]
Advocates are pushing for laws much expanding the ranks of private actors required by law to inform to authorities on suspicions about child abuse (“mandatory reporters”). Naomi S. Riley quotes some of my misgivings: “As Walter Olson of the Cato Institute notes, increasing the number of mandated reporters could ‘incentivize’ people ‘to resolve uncertain, gray areas in favor of reporting.’ It will multiply “investigations based on hunches or ambiguous evidence which can harm the innocent, traumatize families, result in CPS [child protective services] raids, and stimulate false allegations,’ he says.” [Weekly Standard]
Suburban Chicago last month: “A mother faced a visit from police and an Illinois Department of Children and Family Services investigation after she allowed her 8-year-old daughter to walk the family’s dog around the block alone.” [Joel Shannon, USA Today]
Sitcom plots come to life: mom of newborn reported to state after poppy seed bagel triggers positive opiate test, baby kept in hospital for five days [Zuri Davis, Reason; Chaunie Brusie, Everyday Family; Baltimore County, Md.]
Longtime readers of Overlawyered know that this is not the first time around for this fact pattern. See “Mom ate poppy seed dressing, state holds baby for 75 days” and earlier; Radley Balko reported in 2014 that two lawsuits involving the same western Pennsylvania hospital and county children’s services department were both settled for substantial sums and a third case had been filed against another hospital in the same region. See also re-jailing of halfway house inmate from 2010 (Florida), as well as Dubai airport madness.