The current configuration of the U.S. child protection
system is far different from the criminal justice system, and the fact is
that few children are safer even though we spend billions of dollars each
year to protect them. Real abuse goes unnoticed, false accusations
abound, and poverty is often mistaken for neglect while reform efforts are
stalled by the system's insistence that more money and more workers are
the only requirements for change.
While most parents are good, loving people who care for their children
appropriately, unfortunately, some do hurt or neglect their own
children. It is very sad that in this day and age, some people have not grown
enough to realize that children are not property. Parents cannot just
do whatever they want to their children. That is why this country
employees protection agencies, which go by many names, but are universally
known as Children’s Protective Services, or CPS.
But, is CPS doing a good job of keeping children safe? How are
families treated once they come under an agency’s radar? Are innocent
families ever sucked into the system? The answers to these questions might
surprise you.
CONFIGURATION OF THE SYSTEM
Since the 1960's, child abuse and neglect have evolved into "illnesses"
rather than crimes. Well-intentioned social workers, doctors, and
therapists believed they could treat the disease. Prosecution of abusive
and neglectful parents stopped, in a large percentage of cases, and
abuse and neglect were relegated to "family" or "administrative" courts,
which ordered treatment plans based on the advice of these professionals.
The usual Constitutional safeguards we expect as American citizens are
not available in family and administrative law. Certain rights only
apply to the criminal justice system, such as being informed of your
rights, having an attorney present during questioning, and being appointed
an attorney if you cannot afford one.
Accused parents are also refused the right to a fair and timely trial,
the right to be tried by a jury of their peers; the right to face and
cross-examine their accusers, and the right to have evidence used
against them only when it meets the highest standards.
Also forgotten is the right to be free from unreasonable search and
seizure, the right to refuse to incriminate one's self, the presumption of
innocence until proven guilty beyond all reasonable doubt, the right to
not be subjected to cruel and unusual punishments, and other due
process measures. None of these protections are afforded parents accused of
child maltreatment, unless and until they are criminally charged, which
rarely happens.