Open Child Protection More Let the Sun Shine in on Injustice to Providers
by Marian Turner, volunteer with the Coalition on Provider Vulnerability

"If the finding is "no maltreatment" the provider still goes through a lengthy post-traumatic stress disorder period with lack of sleep and trust in the world. People tell me they keep their curtains closed 24 hours a day to regain a sense of safety. Divorce is frequent."

The several recent articles on ‘open’ juvenile court have raised in me great jubilation and great despair. I believe in the theory that accountability follows knowledge, and have long worked toward more accountability in Child Protective Services (CPS), but I won’t go into that here. This is about my despair.

An ‘open’ system is not available to child day care and foster care providers, because our cases do not go to court. For licensed care givers, an allegation of maltreatment is bound to happen sooner or later, any by law CPS must investigate every single one.

Fine, so far. Allegations from disgruntled who-ever are part of the business (although new providers don’t know this). A professional does not, of course, welcome being accused and investigated, but it is part of the job, and you must try to deal with it like a pro. I have talked o the phone with dozens and dozens of providers going through the grief of this experience.

"Innocence is not relevant," I tell hysterical providers. "What hard documentation do you have to show to this investigator who drops in for a surprise interview? Can you show any evidence that you did not shake the baby, that you did not fondle the four-year-old who is new, that the bruises hidden under the toddler’s clothing must have been there when she arrived?"

In families, CPS has a mandate to hold the family together, if possible. A licensed provider does not have such protection. We are not a "family." We do not have to be held together. If maltreatment did occur, and the evidence is unclear on who did it, the provider is (hear my despair) dog meat. Providers suffer this de-humanizing experience invisibly in every community. The cases don’t go to court. The appeal process is weak.

These "investigations" have slight rules of evidence, although they are required to at least look at what you give them. They are required to document your interview verbatim, not just jot down notes. They are required to actually view the alleged victim. This is good. They are not allowed to be ambivalent in their finding; they must conclude the case.

Troubled families sometimes actually get some services that help them with their problems. Providers are not judged to need services, of course. The case is concluded. Hand it to the licensing unit. The real grief comes at the so-called "end" of the ordeal, because the CPS experience changes your life.

If "maltreatment found" is the conclusion, your license is gone, and you are barred from any future work with children in any setting that does background checks. You cannot, for example, volunteer at your child’s school or scout troop.

If the finding is "no maltreatment" the provider still goes through a lengthy post-traumatic stress disorder period with lack of sleep and trust in the world. People tell me they keep their curtains closed 24 hours a day to regain a sense of safety. Divorce is frequent.

Those who hired a lawyer will work two jobs for the next few years to pay this unplanned debt. They give up vacations, college funds, retirement. Some lose their house. But I don’t advise them not to hire a lawyer. I urge them to interview lawyers, make sure they have experience in this area of administrative law.

Do allegations against licensed care providers even belong in CPS? We have police for serious cases, and we have licensing for day-to-day quality of care issues.

The nanny Woodward had a jury trial with a team of lawyers and expert witnesses. If baby Matthew had only been bruised, it would never have gone to the criminal courts. I believe the standard CPS routine would have found her guilty, based primarily on the parents’ statements.

Was she guilty? Or did one parent do it, hiding the shame from the other? We weren’t there, and we will never know. But actual innocence or guilt is irrelevant. We consider mushy evidence, and it does make a difference if you can hire a lawyer.

I don’t want to give the wrong impression here about my attitude toward CPS. I admire their courage, and some of the workers are so competent and so dedicated that it makes others’ lives look paltry.

But if my future is to be decided by an entry-level, fresh-from-college, over-worked cog in the wheel of bureaucracy, I want a few things fixed before my turn comes around.

I’d like to see the same criteria used in day care, in foster care, and in families. Standards vary widely currently. If a child falls off a swing in a provider’s fenced back yard while the provider goes into the house to pick up the phone, a provider gets a finding of "neglect," while a parent gets sympathy for a normal accident on a hectic day. Remember, that provider cannot now volunteer for a son’s school field trip. This one simple example should not be picked to pieces by critics. Many, many stories illustrate the concept that providers are judged by harsh standards, with harsh consequences.

I also wish for predictable criteria for defining maltreatment. Many providers have told me in shock, "I thought I was following all the rules. If I had known they would call this maltreatment, I would have done it differently."

Predictable criteria, please, and one standard for everybody.

Marian Turner is a family child care provider licensed for 26 years, and a volunteer in the Coalition on Provider Vulnerability.

Keep Your Family and Children Safe

Foster parents must always be concerned about allegations of mistreatment of the child and mishandling of state money.

Children will lie! They will manipulate, threaten and lie to get what they think they want. It is very important not to give the children, the natural family, or the state any ammunition. And the pain and emotional heartache of being accused of harming a child, when you are expending so much of your time and energy to help the child is difficult to ever get over.

Take precautions from the start.

• Don't be in a room alone with the child. When you have a conference with the child, have a third person there. Otherwise the child could, when he is angry and wants his way, say “Foster Dad takes me into the bedroom every Monday night....” This is scarry but it happens.

• It is best to meet with the child in a room other than a bedroom. I know it may be hard to find privacy if your house is like ours, but the kitchen, dining room, picnic table in the backyard – most anywhere – is better than a bedroom.

• If you don't have a third person, than be sure to keep doors open. A closed door can cause suspicion.

Document or Journal the parent/child conference.

• This is good to review goals, and progress.

• It is also a good record of attitude, problems, and concerns.

• Document who was at the conference.

• Document the child’s behaviors. This is important for caseworkers, therapists, and court.

• Be specific.

• Be factual – this is not a journal of your feelings. “Just the facts, Mam.” It will usually hold up in a court of law if it is factual. Describe behaviors, not what you think he is feeling.

Good Example: Johnny came home at 2 am. He smelled like alcohol.

Bad example: Johnny came home at 2 am. He was probably out with those awful bums that drink and do drugs.

• Document action and discipline you have taken concerning the child’s behavior.

• Don’t make stupid threats – threats of violence or neglect.

• Some people may believe you.

• I had a neighbor ask me how I get my children to behave so well. I jokingly told her that I just paddle them each morning and they are fine all day. She believed me.

• Keep careful records of expenditures.

• Keep receipts.

• If the child is old enough, have the child review the expenses and sign his name to prove that he is aware of where the money is spent.

When giving the child money, have the child sign that the money was received. Make a ledger sheet that the child can see.

• Teenagers especially like to let caseworkers and natural family think they are being taken advantage of. The money issue is very big with them.