Hello class,

I have attached 3 documents:

-The child welfare overview we discussed in class.

-The legal definition of child abuse.

-Your assignment.

Please read  the material and compose a written response, addressing the questions posed in the assignment. Your assignment should be in a Word document and emailed to me by Tuesday, January 28, 2020 by 1:00PM.

Please email me with any questions. 

CHILD WELFARE SYSTEM OVERVIEW

When parents are unable, unwilling, or unfit to care for their children, the state can step in to help. Every state has a child welfare system that provides services to children and families—sometimes in their own homes, and sometimes services are provided to the parents or children where the child has been removed and placed in foster care or other residential placement outside their home. At its core, the child welfare system strives to preserve family unity whenever possible and pursues separation of children and parents only when clearly necessary. The child welfare system is primarily concerned with children who have been abused or neglected; some states also include truant, runaway or otherwise ungovernable children within the jurisdiction of their child welfare system. Funding to pay for services to children and families comes from a combination of local, state and federal sources.

The child welfare system is regulated by federal and state law. Foster care—placement out of the home—is intended to be temporary. Federal and state law require that non-emergency removal of a child from the home be reviewed by a court. Due process is required for the parent and child. While there is no constitutional right to counsel in child welfare matters, the majority of states provide counsel to parents and children in these matters under state law. If a child is removed, courts must also regularly review the cases of every child who is in out-of-home care. The laws require child welfare agencies to make reasonable efforts to prevent placement, and if the child is placed, to make reasonable efforts to reunite the family and help ensure child safety in the home. Placement with (and the involvement of) relatives and kin is favored under the law.   

All of these decisions are subject to the review of a juvenile or family court. In many cases, the court will determine that a child may be reunited with his or her family if the parents have met court-imposed requirements, such as parenting classes, mental health care, or drug and alcohol treatment. They may also be required to provide adequate housing or otherwise demonstrate their ability to care for their children upon the child’s return.

For cases in which returning home safely isn’t viable, there are an array of options, referred to as permanency plans. The goal is to provide the child family. If adoption is pursued, the child welfare agency will move to have parental rights terminated and seek adoptive resources. Some states have forms of open adoption, which allow the child to have a relationship with his or her biological family. Kinship guardianship and placement with relatives are additional permanency options as well. The least favored permanency plan, is Another Planned Permanent Living Arrangement (APPLA).  This plan is prohibited for youth under age 16 and should only be selected when significant efforts to achieve the other goals have been attempted. 

Legally, the child welfare system acts as a substitute parent for children in foster care or other out of home placements and must provide sufficient protection and support. The child welfare system should provide for a child’s basic needs, but should also put them in the position to thrive. Large numbers of children and youth in the child welfare system have experienced trauma and need a system that is trauma informed as well as services that will help them heal. 

Unfortunately, the system doesn’t always fulfill its obligations. Many foster children bounce from one placement to the next (and from one school to the next), and fail to receive adequate services. Often, a child welfare agency will fail to locate a permanent home and children will remain in foster care until they “age out” at 18 or older (depending on the laws of the respective state). Individuals who age out of the system face bad adult outcomes. Research shows that they’re more likely to face homelessness or incarceration and less likely to obtain a high school diploma or GED, attend college, or secure employment.  These poor outcomes can be reversed by ensuring that youth are placed with family and by offering youth the opportunity of extended foster care to provide more time for a youth to find family and be prepared for adulthood. ©2019 Juvenile Law Center

CHILDREN & JUSTICE

What is child abuse?

Legal definition: N.J.S.A. 9:6-8.9 Child abuse defined:

“Abused child” means a child under the age of 18 years whose parent, guardian, or other person having his custody and control:
a. Inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ;
b. Creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ; or
c. Commits or allows to be committed an act of sexual abuse against the child;
d. Or a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, or such other person having his custody and control, to exercise a minimum degree of care (1) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or (2) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment or using excessive physical restraint under circumstances which do not indicate that the child’s behavior is harmful to himself, others or property; or by any other act of a similarly serious nature requiring the aid of the court;
e. Or a child who has been willfully abandoned by his parent or guardian, or such other person having his custody and control;
f. Or a child who is in an institution as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21) and (1) has been so placed inappropriately for a continued period of time with the knowledge that the placement has resulted and may continue to result in harm to the child’s mental or physical well-being or (2) has been willfully isolated from ordinary social contact under circumstances which indicate emotional or social deprivation.

NewJersey Division of Child Protection and Permanency v.Tina Jones;

In the Matter of Trevor Jones

On May 5, 20

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8, the Division of Child Protection and Permanency (DCPP, formerly known as “DYFS”) was contacted by a teacher to report concerns regarding Trevor Jones, age 7. The teacher alleged that Trevor has a large bruise on his arm a few weeks ago, engaged in disruptive behavior, exercised very little self-control, hit other students and threatened to harm himself. The Division conducted its investigation, but determined that the neglect allegation was unfounded.

In the course of the investigation, the social worker obtained Trevor’s school records, and learned from the school that Trevor was receiving special education services, including behavioral counseling for ADHD.

Two months later, July 5, 2018, the Division received another referral from a neighbor in the apartment building where Trevor and his mother lived alleging that Trevor was home alone. The worker went to the home, knocked on the door, and Trevor answered. He said his mom was not home but he wasn’t sure where she was. The worker found the home in disarray and little food in the house. She was in the apartment for approximately fifteen minutes before Ms. Jones returned home. Trevor was not distraught, hungry or physically harmed. He told Ms. Jones that he was watching television.

When Ms. Jones returned home with her boyfriend, Don, she told the worker that she had been to the laundromat. The worker did not see Ms. Jones carrying any laundry, however. While interviewing Ms. Jones, the worker believed that Ms. Jones appeared to be under the influence of drugs or alcohol. Ms. Jones denied being under the influence on that day, but did admit to using marijuana on occasion to cope with the stressors of raising Trevor.

After speaking with his supervisor, the worker conducted an emergency removal of Trevor and he was placed in a foster/resource home.

Please write a response (minimum of 3 paragraphs) addressing the following:

1. Did Child Protective Services act appropriately in removing Trevor from his mother’s custody? Explain your position.

2. Is Trevor an abused or neglected child? If so, what types of abuse are present?

3.

As an advocate for Trevor, what types of assistance do you think he needs?

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