Posts Tagged ‘Child Protective Services’

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.

Montgomery County authorities impound kids for walking on street, cont’d

I’ve now expanded Monday’s post into a longer Cato post. Among the new material, it links Petula Dvorak’s excellent WaPo column (“Our rapid march toward police-state parenting has got to end”) in which, to show how far we have moved, she quotes a checklist from a 1979 book on knowing whether your six-year-old is ready for first grade: “Can he travel alone in the neighborhood (four to eight blocks) to store, school, playground, or to a friend’s home?”

Megan McArdle notes “the kind of range of movement that those of us over 30 recall as a normal part of childhood” and names some possibilities of what social forces might have brought about such an extreme shift in attitudes, from cable news (magnifying the very-rare-in-fact peril of stranger abductions) to the lack of daytime “eyes on the street” to the ubiquity of mobile phones and report-possible-abuse lines (“It would be surprising if we lowered the price of being an officious busybody and didn’t get a lot more of it.”)

The Meitiv family has now issued a statement about the episode; they have a pro bono lawyer from Wiley Rein. The police account is here (“the victim children”). More from Lenore Skenazy:

Aren’t prisoners allowed one phone call, or is that just on TV? Because the Meitiv kids were not allowed to contact their parents in the six hours they were held by the authorities.

This is probably as good a place as any to share my personal experience: by around age 9 or 10 in the early 1960s I had the run of downtown Detroit and wandered around by myself to all sorts of attractions there, returning to my mother’s place of work at the end of the business day. That was considered a little precocious and my family was proud of me on that account. Once with some extra money in my pocket I even went into a white-tablecloth Italian restaurant by myself and ordered, ate, and paid for a meal with tip, a story told for years afterward.

P.S.: “This is kind of insane — in Illinois it’s illegal to leave a 13-year-old home alone” [Christopher Ingraham, but see comments below (not illegal in Illinois as such, only potentially so depending on a range of factors)]

Montgomery County seizes “free-range” kids again

On Sunday afternoon Montgomery County, Maryland police and Child Protective Services seized the free-range Meitiv children, ages 10 and 6, after their parents had again let them play by themselves at a park. The kids were supposed to return home by 6; the police did not call the by-then-frantic parents until 8 p.m. [WUSA; Lenore Skenazy] Although initial accounts placed the seizure at the park, per tweets Sunday evening by Fox5 journalist Marina Marraco, the kids were walking back from the park and had gotten to within 1/3 mile of home when police intercepted and picked them up pursuant to a 911 call from “a neighbor” who had spotted them walking alone. The Meitiv family had become the center of a national cause célèbre in January when the county charged the parents with child neglect for letting the two kids walk home from a park. In March, CPS found the neglect charge “unsubstantiated” but puzzlingly deemed the parents “responsible” for it anyway.

More from WTTG/Fox5 Washington: parents reunited with kids after agreeing to “sign a temporary safety plan to take them home, which means they are not allowed to leave the children unattended at all. …Police say after a thorough investigation, a decision about whether or not the Meitivs will face charges will be made.” And from Ellen Rowland (“Thoughts on the criminalization of childhood,” earlier this month) and from Petula Dvorak, Washington Post (“Our rapid march toward police-state parenting has got to end,” and don’t miss checklist at the end from a 1979 book on six-year-olds, on first-grade readiness: “Can he travel alone in the neighborhood (four to eight blocks) to store, school, playground, or to a friend’s home?”) (cross-posted at Cato at Liberty in revised and expanded form)

U.K.: parents “will be reported …for neglect if they allow children to play over-18 computer games”

A public authority governing 16 schools in Cheshire, England, has sent a letter to parents warning them that they must not allow their children to play with adult-themed videogames such as Call of Duty or Grand Theft Auto. “If your child is allowed to have inappropriate access to any game, or associated product, that is designated 18+ we are advised to contact the police and children’s social care as this is deemed neglectful.” [ITV via Lenore Skenazy]

March 4 roundup

Walk-from-park abuse charge “unsubstantiated,” CPS to track parents anyway

“The long-awaited decision from Montgomery County Child Protective Services has arrived at the home of Danielle and Alex Meitiv, and it finds them ‘responsible’ for ‘unsubstantiated child neglect’ for letting their kids walk outside, unsupervised. If that decision makes no sense to you, either — how can parents be responsible for something that is unsubstantiated? — welcome to the place where common sense crashes into bureaucratic craziness.” [Lenore Skenazy, Free-Range Kids] The “finding of unsubstantiated child neglect means CPS will keep a file on the family for at least five years and leaves open the question of what would happen if the Meitiv children get reported again for walking without adult supervision.” [Donna St. George, Washington Post] Earlier here and here. (cross-posted at Free State Notes).

“When letting your kids out of your sight becomes a crime”

Danielle Meitiv, who with her husband has come under Child Protective Services scrutiny for letting their kids walk home from a local park, has some thoughts on the still-in-progress episode in the Washington Post [earlier]. I have often wondered why there were not more stirrings toward a legal defense organization for parents facing overreaching CPS actions, and a group called National Association of Parents apparently is hoping to fill that gap (its Facebook presence).

P.S. Well, this is neat: at the New Yorker “Talk of the Town,” Lizzie Widdicombe profiles Lenore Skenazy.

Schools roundup

  • New report: “Schools Cut Back as Litigation Costs Eat into Budgets” [California Citizens Against Lawsuit Abuse, PDF] “Swings too dangerous for Washington schools” [AP; Richland, Wash.]
  • “Appeals Court Ruling Paves Way for Gender Quotas in High School Sports” [Saving Sports, Ninth Circuit on Title IX] More: Alison Somin [Ollier v. Sweetwater Union School District]
  • “College and university administrators demolishing freedom of religion and association” [Bainbridge]
  • “Grenade Launchers: The Newest Must-Have School Supply” [Jason Bedrick/Cato, earlier]
  • “It was against the school policy for elementary kids to have Chapstick” [Amy Alkon; Augusta County, Va.] “Mom Tells Therapist About Briefly Leaving Kids Alone, Shrink Calls Cops” [Lenore Skenazy]
  • Disability and school discipline: “Wondering why a preschooler would ever need to be suspended? Here’s an explanation.” [Amy Rothschild, Greater Greater Washington]
  • Civic education needed: some Greendale, Wisc. parents and educators wonder why non-parents are allowed to vote on school matters [Lenore Skenazy]

September 16 roundup

  • “When I asked them why they decided to sell their [toy import] business, they said that they got out because of Proposition 65 and the CPSIA.” [Nancy Nord]
  • State tax regimes are getting more aggressive about grabbing money earned in other states [Steve Malanga, City Journal]
  • “Still can’t get over the fact that all [development] permits are discretionary in San Francisco” [@TonyBiasotti linking Mark Hogan, Boom]
  • How would American politics change if political parties could expel members, as in many countries they can? [Bryan Caplan]
  • Defenders of Wisconsin John Doe prosecutor push back against Stuart Taylor investigation [Daniel Bice, Milwaukee Journal-Sentinel via Althouse, more, related on “blue fist” posters and John Doe investigator, earlier]
  • “In Britain, Child’s Weight Leads to Parents’ Arrest” [New York Times in June, King’s Lynn 11-year-old; also, Cadbury agrees to “stop making chocolate bars in Britain with more than 250 calories”] More: Pencil-twirling in class leads to CPS referral in New Jersey [Katherine Mangu-War, Reason]
  • Should there be judicial remedies — what kind, and for which plaintiffs — when federal spending is politicized? [Daniel Epstein, Federalist Society “Engage”]

September 12 roundup

  • ObamaCare, Common Core, EPA policy all raise specter of federal commandeering of state governments [Richard Epstein and Mario Loyola, The Atlantic] Vocally supporting Common Core, William Bennett provides new reasons to be queasy about it [Neal McCluskey, Cato]
  • Mom lets six-year-old play within sight of his own front door. Then Child Protective Services arrives [Haiku of the Day]
  • Study finds no evidence California cellphone ban reduced accidents [The Newspaper]
  • Or maybe if you’ve been in good health for 13 years it’s okay to let the grievance slide: pols, union leaders urge unimpaired WTC rescuers to enroll for possible future compensation [AP/WCBS]
  • “Thomson Reuters Thinks Not Responding To Their Email Means You’ve Freely Licensed All Your Content” [Mike Masnick, TechDirt]
  • New frontiers in urban expropriation: San Francisco imposes crushing new “relocation assistance” burden on rental owners [Pacific Legal Foundation]
  • A lesson in standing up for individual liberty, and not being discouraged by setbacks [my Cato Institute piece on Lillian Gobitis Klose’s flag-pledge case, Donald Boudreaux/Cafe Hayek]