Posts Tagged ‘Child Protective Services’

On CPS: “The progressive case for parents’ rights is worth taking seriously”

The critique of Child Protective Services agencies advanced lately by the free-range kids movement should find a readier echo on the left, writes Michelle Goldberg in The Nation. “Progressives have not, in general, seen CPS as worthy of the same suspicion as other forms of law enforcement,” yet minorities and poor persons are exposed to its scrutiny and pressure if anything more intensely. “Most of the time, when CPS is called, no proof emerges that the parents did anything wrong.” Yet they may still keep coming around inspecting your refrigerator and so forth: “once CPS enters a poor family’s life…it can be hard for the family to extricate itself….A social worker may discover that the woman is living with a man who has a criminal record. And that’s enough to keep the case open.” One Twitter response, from Isaac A. Patterson:

More: Radley Balko.

“Take a Valium, Lose Your Kid, Go to Jail”

During pregnancy “occasional, small doses of diazepam (the generic name for Valium) are considered safe… But one morning a few weeks later, when Shehi was back at her job in a nursing home and the baby was with a sitter, investigators from the Etowah County [Alabama] Sheriff’s Office showed up at the front desk with a warrant. She had been charged with ‘knowingly, recklessly, or intentionally’ causing her baby to be exposed to controlled substances in the womb — a felony punishable in her case by up to 10 years in prison. The investigators led her to an unmarked car, handcuffed her and took her to jail.” [Nina Martin, ProPublica]

P.S. Expanded into a longer post at Cato at Liberty.

“Court: Leaving Baby in Car for 10 Minutes May Not Be Abuse”

“New Jersey officials were wrong to label a mother a child abuser for leaving her sleeping baby in an unattended locked car for 10 minutes while she went shopping in a nearby store, the state’s highest court ruled on Thursday.” Not only does she deserve a hearing before being put on the child abuse registry, said a unanimous New Jersey Supreme Court, but such a hearing should not find neglect unless her conduct is found to have placed the child in “imminent risk of harm.” [Jacob Gershman, WSJ Law Blog; earlier here and here]

School and childhood roundup

  • Why campus trigger culture and offense bans aren’t just anti-intellectual and a foretaste of wider speech regulation, but fail at specific therapeutic goal of reducing psychological upset [Greg Lukianoff/Jonathan Haidt, The Atlantic cover story]
  • Newtown shooting advanced existing trend toward a regular police presence in schools; consequences may include escalation of low-level discipline [ACLU of Pennsylvania report “Beyond Zero Tolerance,” pp. 28-34]
  • “Scottish Government’s named person scheme criticized by experts who will implement it” [The Courier (Dundee), earlier]
  • “Kids Dig for Worms, Sell to Fishermen. Town Says Not So Fast: That’s Illegal!” [Cornwall, Ont.; Lenore Skenazy]
  • “British Universities See Ethics Committees as ‘Easy and Convenient’ Censors” [Zachary Schrag, Institutional Review Blog]
  • “His son’s school requires student athletes to carry their own insurance, a move that many other schools also have had to make because of the rising costs from lawsuits.” [Charleston, S.C.-area Palmetto Business Daily] “NYC has paid nearly $20M from playground injuries since 2010” [Reuven Blau, NY Daily News]
  • Mom in famous Silver Spring, Md. “free range kids” episode is writing book, solicits stories of unattended kids and CPS abuse [tweet to @DanielleMeitiv or message at Facebook]

Medical roundup

  • Scorecards on complication rates and outcomes may reveal little about who’s a bad doctor since best docs sometimes take hardest cases [Saurabh Jha, KevinMD] “Anatomy of error: a surgeon remembers his mistakes” [The New Yorker]
  • When parents and doctors don’t agree, are allegations of “medical child abuse” levied too liberally? [Maxine Eichner, New York Times; Lenore Skenazy, see also “medical kidnapping” links]
  • ABA’s Standing Committee on Medical Professional Liability derailed in bid for House of Delegates resolution endorsing unlimited punitive damages in product liability [Drug & Device Law first, second, third posts]
  • Wisconsin repeals medical whistleblower law [Milwaukee Journal-Sentinel]
  • “Politically Driven Unionization Threatens In-Home Care” [David Osborne, IBD]
  • Ninth Circuit upholds Washington state regulations forcing family pharmacy to dispense morning-after pills [The Becket Fund]
  • Pathologist who frequently diagnosed shaken baby syndrome loses Montana role [Missoulian]

Schools and childhood roundup

  • “Someone could have put their hand in the window and unlocked the door and taken the kids” [Lenore Skenazy/Free Range Kids; related stories here and here; similar, Illinois Policy]
  • Police warn that plan in Scotland to provide state guardian for every child could backfire in abuse investigations [Telegraph, more on “named person” scheme]
  • Also from Scotland: Law Society says proposed ban on liquor promotion is so broad it might snag parent wearing rugby-sponsor jacket at school pickup [Express]
  • Judge rejects Mississippi school finance suit [Andrew Ujifusa, State Education Watch, background]
  • Widespread criticism of Michigan judge for sending kids to juvenile detention for not wanting to have lunch with their father [Radley Balko]
  • “Two Parents Weren’t Sure How Their Little Girl Fractured Her Leg, So CPS Took the Kids” [Lenore Skenazy, more, yet more on “medical kidnapping”]
  • Caleb Brown and Andrew Grossman discuss educator-dues case of Friedrichs v. California Teachers Association [Cato Daily Podcast, earlier on case, its SCOTUSBlog page]

June 24 roundup

  • Judge lifts gag order against Reason magazine in commenter subpoena case, and U.S. Attorney’s Office for Manhattan is shown to have behaved even more outrageously than had been thought [Nick Gillespie and Matt Welch, Ken White/Popehat (magistrate’s approval of gag order looks an awful lot like rubber stamp; AUSA directly contacted represented party), Paul Alan Levy (when bloggers push back, gag orders tend to get lifted), Matt Welch again with coverage roundup]
  • Maryland authorities clear “free range” Meitiv family of all remaining charges in kids-walking-alone neglect case [Donna St. George, Washington Post]
  • Disgraced politico Monica Conyers sues McDonald’s over cut finger [Detroit News]
  • American Law Institute considers redefining tort of “battery” to protect the “unusually sensitive”, Prof. Ronald Rotunda on problems with that [W$J]
  • “Did you ever falsely represent yourself as an attorney?” asks the lawyer to her client in front of reporter [Eric Turkewitz]
  • Feds endorse alcohol-sniff interlock as new-car option, critics say eventual goal is to force it into all cars, assuming rise of self-driving cars doesn’t moot the issue first [Jon Schmitz/Tribune News Service]
  • Echoes of CPSIA: regulatory danger is back for smaller soap and cosmetic makers as big companies, safety groups combine to push Personal Care Products Safety Act [Handmade Cosmetic Alliance, Elizabeth Scalia, Ted Balaker, Reason TV and followup (Sen. Dianne Feinstein objects to “nanny of month” designation, points to threshold exemptions for smaller businesses), earlier on predecessor bills described as “CPSIA for cosmetics”, National Law Review (panic over recent NYT nail salon expose might contribute to momentum)]

Children and schools roundup

  • L.A.: “school police estimated they would need 80 new officers to protect students walking home from school with iPads.” [Annie Gilbertson/KPCC]
  • “Md. officials: Letting ‘free range’ kids walk or play alone is not neglect” [Donna St. George/Washington Post, earlier]
  • Foes of education vouchers turn to argument that private schools not obliged to accommodate disabled kids, but it’s complicated [Rick Esenberg]
  • U.K.: “Children banned from doing handstands and cartwheels at Plymouth primary school” [Plymouth Herald]
  • Florida officials remove kids from home after 11 year old found playing alone in yard [Lenore Skenazy posts one, two, three, plus a Chicago case (“Family Defense Center”) and overview]
  • In left-meets-right campaign to beat up on “deadbeat dads,” right seems more gung-ho at the moment [Connor Wolf/Daily Caller, my earlier Cato]
  • North Carolina high schoolers’ alarm-clocks-go-off-in-lockers prank annoyed school administrators. Felony-level annoyance? [Uproxx]

Children and schools roundup

  • Story of free-range Meitiv kids goes national, cont’d: “Bystanders are forced [sic] to step in and enforce discipline because the parents aren’t around.” [Slate via @bibliographing] Yes, the cited “National Association to Protect Children” is a real group, I looked it up [Washington Jewish Week] “Epidemic of moms getting arrested for leaving children in car 5 mins to run into store.” [Kim Brooks, Salon via @Lorettamalakie]
  • What got buried in a WaPo column arguing that standardized tests for schoolkids are “a civil right.” [Ann Althouse] Testing issue allows teachers’ unions to make friends on the conservative side [NYT via same]
  • Legal costs exceed $100 per student at some Chicago-area public schools; $23 billed for one lawyer’s phone message [Tribune via ABA Journal]
  • Maintenance of Effort laws, meant to insulate school budgets against local voter control, might backfire [Free State Notes post by me, channeling my letter to the editor]
  • A dissent on liberalizing school discipline policies [Paul Sperry, New York Post]
  • Colorado school shootings: why is GOP leading push for emotion-driven, public-fisc-endangering lawsuits? [John Frank, Denver Post]
  • Expensive new playground mandates [Paul Best and Lenore Skenazy, more from Skenazy, Tim Gill via Common Good]

CPS vs. free-range parents: are there Constitutional issues?

Per Ilya Somin, there might be: “In two landmark cases in the 1920s, Meyer v. Nebraska and Pierce v. Society of Sisters, the Supreme Court ruled that the Due Process Clause of the Fourteenth Amendment protects parents’ and guardians ‘to direct the upbringing and education of children under their control.'” Meyer struck down a ban on instruction of students in foreign languages before eighth grade, while Pierce struck down a ban on private and religious school education. While authorities presumably have wider leeway to regulate pedestrian activity on public streets than instruction that may take place within private homes, churches, or schools, a degree of regulation that forcibly substitutes the state’s judgment for parents’ on debatable issues of child-rearing might cross a line.

The idea of a Constitutional right of parental autonomy appears to be alive and well on both conservative and liberal sides of the Court, but some may be surprised at which current Justice has written most critically of the idea: Antonin Scalia, because of his dislike for “substantive due process” theory and in general its protection of individual rights not enumerated in the Constitution. In a 2011 article I haven’t had a chance to read, David Wagner traced the Scalia-Thomas conflict and apparently also looked at whether Scalia continues to count as a holdout given what might be a softening of his views on the issue.

Related: Lenore Skenazy on Scotland’s scary Named Person child advocacy scheme [earlier on which], and interviewed by Joel Mathis at Philadelphia Magazine. Earlier on Child Protective Services.