[Yesterday, I was invited to testify before the Maryland House Judiciary Committee on a bill related to Child Protective Services. The sponsor pulled the bill from consideration while I was en route – this post is adapted from the comments I prepared for that hearing].
My name is Danielle Meitiv. I am a Maryland resident and mother of two children: Rafi, 11, and, Dvora 7. From October 2014 to June 2015, my husband and I were subjected to three neglect investigations by Child Protective Services (CPS) of Montgomery County, Maryland. In the first incident, we allowed our children, then ages 10 and 6, to play at a park one block from our house without adult supervision. In the other two instances, we allowed them to play at a park one-mile from our home and walk back, again without an adult. In all three investigations, my husband and I were cleared of any wrongdoing.
“Being wrongly investigated and indicated for inadequate supervision is more harmful to families than it may seem to the general public,” says Diane Redleaf of the Family Defense Center.
Some people might think that it is better to investigate innocent families than to risk missing actual abuse or neglect. This ignores the harm that wrongful investigations inflict on children and their families. Our children were pulled from their classrooms, interrogated and frightened by a CPS caseworker, lied to, and held against their will for hours in the back of a police car without access to food or a bathroom. We were not notified that the children had been into custody until almost three hours after the fact, and they were not returned to us for two more hours. My son later told me that he thought he was going to an orphanage and would never see me again, and both children still want to hide when they see the police.
Children can be deeply traumatized by these forcible, unwarranted separations and their parents are left to pick up the pieces, with little or no help or apology from the authorities. Our family can certainly attest to that – we sought therapy to help our children deal with the post-traumatic stress induced by their ordeal, and it was a full month before we were all able to sleep without nightmares. Because most people assume that CPS only intervenes or removes children in cases where there is a clear threat of serious harm, “there have been few consequences for child welfare authors who indicate parents of neglect or remove a child from the home without evidence,” according to a 2015 report by the Family Defense Center.
Our children are not the only ones who have suffered. According to a report published by the federal Department of Health and Human Services in 2012, from 2008 to 2012, the number of referrals to CPS agencies nationwide increased by 8.3% to 6.3 million children, the while overall rates of actual child victimization declined by 3.3%. That means that over this period, the rate of wrongful investigation increased significantly. These wrongful investigations wasted government resources, which would have been better spent on children and families who actually needed intervention and support.
Nationwide and in the State of Maryland, a root cause of the increase in wrongful investigationsis the vague and inappropriate definition of child neglect. Maryland law 5-701 includes under the definition of neglect “the leaving of a child unattended…under circumstances that indicate… that the child’s health or welfare is harmed or placed at substantial risk of harm.” The use of “risk” as a criterion is a serious problem because it is subjective and fails to take into account the risk management decisions that are an essential aspect of parenting. Every parenting action entails a level of risk, whether it is allowing your child to play football, ride in a car, walk home from the park unattended, or sit in front of the television all day.
This criterion also infringes on the rights of parents to make those decisions. As recently as 2000, the U.S. Supreme Court reffirmed that “it cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children”. [Troxel v. Granville, 530 U.S. 57 (2000)]
The child welfare policies and practices of most states, including Maryland, directly violate these rights. In June of 2015, the Maryland Department of Health and Human Services announced a “clarification” of their guidelines, stating that an unattended child would not automatically trigger an investigation for neglect. This is a step in the right direction, but more needs to be done. The laws that govern child neglect in Maryland, and every state nationwide, must change to recognize the Constitutional rights of parents to raise their children, without risking government intrusion or harassment. The U.S. Supreme Court has recognized that fathers – and mothers – know best. State laws must recognize this as well.