The (Black) Parent’s Guide to Surviving the (Predominately White Run and Racist) Child Welfare System
In every state in America black children and families are grossly-over-represented and experience increased negative system outcomes — institutional and structural racism, needless removals/out of home and family placements, speedy termination of parental rights, little to no case plan services provided — compared to their white counterparts.
This piece was inspired by a question that I was asked to answer via my Quora account. As a social justice and parental rights advocate and scholar — and mother whose has had several of my children unjustly taken from me by Ohio cps — I have devoted over two years of my life — and will continue to do so until federal and state legislation is passed that will protect the constitutional rights of black people and their children to be together and free of (racist) governmental and social controls — to child welfare advocacy.
And because November is “National Adoption Awareness” month, I believe that this is a good time share the advice below. Everything is based upon extensive child welfare experience — both personal and professional. And while each case — and individual family and case dynamic is different — the advice below can and should be applicable in just about every situation wherein parents have been reported, are being investigated, and children have been or are at- risk of removal. All that being said, I believe that the following things are necessary for a successful and speedy reunification:
DOCUMENT EVERYTHING.
Document everything that concerns your case (dates, times, who says what) either on paper or electronically or both. AND START IMMEDIATELY. Be willing and able to provide copies of your documentation to your attorney, your children’s attorney or CASA, and any other decision makers working on your case.
Involve As Many Family and Friends As Possible — and Early On — (Push Any Feelings of Shame and Embarrassment Aside).
Make sure that family and friends accompany you to your agency meetings and court dates. This is very important because it will demonstrate that you have a viable and strong support system. This will greatly increase your chances of reunification as cps loves to permanently separate children from parents without a strong support system whether or not it is in the “best interest” of the children.
Immediately Inform Child Welfare Personnel — including the Court and GALs/CASAs— Of Multiple Family and Friends that Could and Are Willing to Care For Your Children.
Foster care is supposed to be a last resort placement option and family and friends — also known as kinship care — is supposed to be the first option; although, the opposite is usually the case wherein foster care is usually the first and only option for black children and their parents and families. Therefore, make sure that you make your caseworker, the Court, and any other case decision maker aware of any and everyone that are willing and able to care for your children while they’re out of your custody and you’re working on your case plan AND demand they consider everyone you list. Moreover, more importantly, ask your caseworker to provide you with written explanations and/or reasons if individuals are deemed unsuitable and/or not approved to care for your children. There should be written explanations provided for each individuals family member or friend that is denied and be sure to keep them for your own documentation and/or records.
If Domestic Violence is Present in the Household— Completely Separate Yourself From the Perpetrator.
If domestic violence is at all involved in the case — Based on recent research, at least 25% of families involved in the child welfare system have been affected by DV, however, the actual number may be closer to 50%; I myself am a domestic violence survivor — cease contact with him/her, even if he/she is the father or mother of your children. This is very important because cps will and can legitimately use further contact with the alleged abuser as a reason to remove and/or keep your children out of your custody — this is especially true when black families are concerned. In other words, and simply put, it is him/her or your children. This is how you must see it because it is exactly how cps and the Court perceive it — while white parents can and do often get away with continued contact with their alleged abuser — along with almost everything else — because cps and the court show more compassion and understanding towards them, black parents can expect no such treatment.
Complete Your Case Plan “Services” As Fast As Possible.
Ideally, this should be done within 6–12 months. I know this will be difficult, however, it is extremely important that you complete the services (e.g. parenting and domestic violence classes, steady income and housing, etc…) rapidly because most cps agencies have a federally imposed 15 month time-limit (through ASFA) wherein parents have to complete their case plans or cps must go to court and seek to terminate the parental rights so that the children can be “freed” for adoption. NOTE: Complete as much of your case plan services on your own as possible. This is preferable because it will demonstrate to cps, and more importantly the Court, that you are able to accomplish goals independently.
Get A Second Opinion If Necessary
While you are working on completing each case plan service, line up service providers that YOU trust. Moreover, and more importantly, be able and willing to get second opinions of any negative clinical diagnoses — which will most likely be the outcome should you see a cps service provider many of whom are “contracted” with them and only answer to your caseworker and other child welfare professionals — and make sure they are from competent and licensed providers.
If a CPS Caseworker or Another Case Decision Maker Does Something Unethical or Otherwise Harmful to You, Your Children, or Case, File Official Complaints With Applicable State Licencing Boards.
There is a common misconception that all cps caseworkers, investigators, and supervisors are “Social Workers,” this is not true. Most child welfare agencies only require an employee — caseworker, investigator, supervisor, or administrator — to have a degree (bachelors or masters) in a social science which includes social work but also includes sociology, psychology, anthropology, and a number if other majors. That said, several child welfare workers DO have a degree in social work and many are licensed social workers.
Having said that, if anyone working on your case is a “licensed social worker” — be sure to ask each person working on your case if he or she is licensed, this advice is valid and applies to lawyers, mental health professionals, and any other licensed individuals you come in contact with — you have the “right” and responsibility to file a complaint with your state board that licenses your states social workers. IT IS IMPERATIVE, that you file a formal complaint with the state broad if your feel that you have been mistreated by your caseworker — This is something that child welfare workers usually don’t inform parents of and something that I was completely unaware of during my years-long battle with cps, and more importantly, something that could’ve changed the outcome of my case had I known about it and had had the opportunity to do so.
I suggest filing complaints with the state board over simply filing a complaint with the county child welfare agency ombudsman’s office — which is what parents are routinely told to do — because it is not a conflict of interest — considering the ombudsman’s office is usually located within the very same agency where the wrongdoing occurred and is likely not going to do anything — you are much more likely to have the incident(s) taken seriously and investigated, especially is you provide documentation (see above).
BECOME AN ADVOCATE!
Once you have endured the child welfare system — especially as a black woman and single parent — you and your family will never be the same, for better or for worse. It is for this reason, that YOU can and must become an effective and passionate advocate. Be an advocate for your yourself, your family, your community, and your people. There will always be a need for parental rights and child welfare reform advocates and the more we have the more change we can demand — and the quicker things can and will change. I am living proof of this — and that some good can always come out of bad.
In Conclusion
That’s it. I know (personally and professionally) that it this will be a long and painful road ahead but that you will get through it. After all, you, I, your children, and all black people, descend from a race of kings and queens and slaves that were able to survive — and dare I say, thrive — under the most inhumane and impossible circumstances imaginable. That said, do all of above things and you have a much better chance of being reunited with your children. Good luck to you. And may God bless and reunite you and your family.
A Call To Action…
I’m calling upon social justice and parental rights advocates, families/parents at-risk, and woke child welfare professionals everywhere — those who are really ready to make a positive difference and combat the cultural genocide of African American families, and indeed all families, all across the country — to call and write the appropriate committees and/or state legislators and tell them that you want a National Reunification or Family Preservation Day. Together, we must let the (child welfare) powers that be know that we want them to cerebrate, and diligently work towards, keeping families together and not ripping them apart.
#NAFPAorg #AfricanAmericanChildWelfareAct #childWelfare #LivingWhileBlack #BlackFamilyMatters #BlackLoveMatters #BlackLivesMatter #BlackFamiliesBelongTogether #BlackHistory #CasaSoWhite #NationalAdoptionDay #KeepBlackFamiliesTogether
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Latagia Copeland-Tyronce, MSW, CADAS, is a longtime parental rights and social justice advocate, child welfare reform activist, writer/blogger, and journalist whose work has been featured in BlackMattersUs and Rise Magazine. She is the founder, president, and executive director of the National African American Families First and Preservation Association (NAFPA) a groundbreaking 501c4 nonprofit origination, the first of its kind, devoted exclusively to the protection and preservation of the African American (Black) Family though policy and legislative advocacy.
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