Thursday, August 27, 2009

The "Best Interest" of the Child

One of the concerns that many parents have about CPS workers coming to their doors is that often these caseworkers are young, have no children, and have unrealistic views of what is and is not appropriate for children. These young caseworkers often assume a house that is not clean is a sign of abuse or neglect, whereas a parent of several children will know that it is often only a sign of a mother of several children who is overwhelmed.

In addition to that, many of these case workers hold a secular worldview and often believe that those who profess to be Christian, believe the Bible, and practice spanking as a form of discipline must be guilty of child abuse. In my view, this is one explanation for the fact that CPS goes after many families aggressively with little evidence and refuses to pursue other cases which seem to have more evidence that the children are in danger.

The worldview issue can also be seen in custody cases in which judges make decisions regarding what is "in the best interest of the child" in custody disputes between divorced parents regarding decisions for their children. Back in March we talked about a case in North Carolina in which a judge ruled that a home school child had to be placed in a public school because of his concerns about the religious beliefs of the mother.

Today we read of a similar case, this time in New Hampshire, in which a judge ruled that a child being homeschooled (who all agreed was doing very well academically and socially) should be placed in public school. According to a counselor, the child lacked some "youthful characteristics," and she "reflected her mother's rigidity on questions of faith."

The court appointed guardian ad litem concluded the child's "interests, and particularly her intellectual and emotional development, would ... be best served by exposure to different points of view at a time in her life when she must begin to critically evaluate multiple systems of belief and behavior." The judge therefore ruled she would be required to attend a public school.

The Alliance Defense Fund attorney in the case states that the child's and mother's religious beliefs should never have been at issue in the case. The standard should have been the academic status of the child. I wholeheartedly agree. The attorney has filed a motion to reconsider. I wish him great success!

8 comments:

Anonymous said...

They won't allow you to preach/talk about your beliefs in public school or there will be punishment, if not expelled.BUT a judge can bring that (religion belief)into consideration on a school/education note ? Where is this fair ?

Anonymous said...

I have worked with CPS for over 3 years as a foster and adoptive parent and I have experienced many workers in their early 20's with no children, no life experience, and no real understanding of children's needs. I have been visited frequently and been given advice so unrealistic that it would be impossible, if not harmful, to carry out CPS's requests about caring for the children in my home. CPS is a dysfunctional agency and should be taken apart and started over from the ground up.

Anonymous said...

I experienced this inherent wrong and it has left me with a bad impression of psychologists and social workers. During an investigation following false allegations made by my ex-husband, a psychologist told me that my child would best be served in a public school setting. He didn't know anything about my child yet he was certain that he knew what my child's best interests were. Needless to say the allegations were found to be just that and I did not heed the psychologist's advice. You have to be careful not to let these so-called experts intimidate you.

Anonymous said...

I could not agree more with the poster who said it is a dysfuncional agency that should be taken down from the ground up and started over. It my be naive politically, but there are SO many stories from so many sources-- Is there some way we can fund a project to document these experiences so at some point in the future we can have them available when the time comes for a hearing on a particular issue? Tim could you address?

timthsc said...

We are taking a three part approach to dealing with the CPS problem. 1. Continuing Legal Education Seminars - we are training attorneys to defend families from CPS and building a data base to refer people to. 2. Governor Perry appointed me to the CPS Parental Advisory Committee to work with the agency to address these concerns. 3. We are working with legislators to change the law to address specific issues. I would encourage people with specific problems to document them and send to me so we can address them with the agency and legislators.

Insider said...

I love to see the action being taken to address the problems with CPS in the legislature. There are serious problems with DFPS right now, and while the agency does a lot of good, it also does plenty of harm. Good luck.
http://www.cpsinsider.com

timthsc said...

Anyone with suggested changes to statute to address problems send those to me as well

Insider said...

A change to the required qualifications for CPS investigators would be a huge step in the right direction. Currently, only a bachelors degree is required. No social work major or minor, no licensing...and the CPS academy is a joke. These are people making decisions about families in Texas. I don't think it's too much to ask to require more training.

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