Why Sexual Abuse is Never a Child’s Fault…Not Even a Teenager
written by, Kate Oliver, LCSW-C

English: Join the movement to end child abuse: http://www.1stand.org (Photo credit: Wikipedia)
The news was atwitter this past week with the story of the judge, who has since apologized, sort of, for stating that the 14-year-old girl, Cherice Moralez, who killed herself after her teacher molested her was “older than her chronological age” and that “It’s not probably the kind of rape most people think about,”… “It was not a violent, forcible, beat-the-victim rape, like you see in the movies. But it was nonetheless a rape. It was a troubled young girl, and he was a teacher. And this should not have occurred.” (cnn.com) I do not know this case, or this girl. I am not going to comment on this family’s pain other than to try to use their situation to create better understanding of all children who have experienced sexual abuse.
I have worked with people who have been molested for quite a while now and while many people know the company line is to say that it is never the victim’s fault, I do find that as adults it can be difficult to understand why we say that. It is true that 2 out of 3 teen victims know their abusers. In cases where a child knows his or her abuser, it is much more often the case that a child or teen was tricked into performing sexual acts rather than, as this judge envisioned a “forcible attack.”
Child abuse is difficult to think about, so many of us, when given the option, simply choose not to. It is not until we have someone close to us that is affected that we begin to examine our own underlying belief about abuse. I am glad when adults share what they really believe about their child’s abuse with me so that we can address the questions about whether a child participated in his or her own molestation, rather than continuing to hold onto a belief that a child might have done so, a belief that can unknowingly be conveyed to the child through actions, body language and words. In this article, I would like to address some of the questions that survivors and parents of survivors have brought to me over the years which may be difficult to answer unless you have had some time to reflect upon it:
“Why didn’t the child tell anyone that he/she was being abused? Doesn’t that mean she/he might have wanted it?”
Children do not tell about abuse for a variety of reasons. Most often an abuser is someone known to the child. The abuser often tells the child that they (the child and the abuser) will be in BIG trouble if the child tells anyone. Abusers are often very good about convincing children they are participating in the wrongful behavior, even when a child says they do not want to. Sometimes an abuser suggests or threatens that if a child tells they will be removed from their home, the abuser will be fired and will not be able to take care of his family, no one will believe the child didn’t want it, that the child misinterpreted the abusers actions, and on and on. It is not difficult to convince children, even teenagers, that they are in control of whether the abuser is in trouble or not. It is a normal part of development to believe that the world in some senses revolves around us so, when an abuser presents the case that his or her world, as well as the child’s parents world and even other relatives, revolves around the teens choice to tell or keep quiet, it becomes easier to understand how a child, even a teen, especially a teen would keep quiet. Should a teen figure out he or she has been tricked, the shame of feeling tricked can keep them quiet as well.
“Yes, but my child was a teenager when this happened, he/she should have known better.”
This is probably the most common issue I hear from parents, family and friends of teens, and even the teen themselves who are abused by adult caregivers. It can be difficult to understand how teenagers who have learned about abuse, and whose parents have told them since childhood to tell if someone is abusing them would still keep from telling. I have even had adolescents who have tried to convince me that they were a party to their own abuse and that they are guilty of participating. I understand how teens and their parents can feel this way and when they do here is what I say. “Think about you two years ago. Were you different?” If you take a moment to think about the difference between a fourteen and sixteen year old, anyone who has had a child either of those ages knows there is a difference. A sixteen year old will absolutely tell you they are different from how they were two years ago, they have different friends, they know more, they have different interests or have increased their skill in an ongoing interest. Then I ask, “Do you think in two years you might be different from the way you are now? If so, what will the differences be?” Of course we all know we will be different in two years. We will have two more years worth of experience and information. We will have two more years of practicing independence, understanding relationships, etc. Last, I point out the difference in age between the abused and the abuser, say it’s fifteen years and say, “So this person had fifteen more years than you to figure out the stuff you are figuring out now. They had fifteen years more experience in relationships and getting what you want in relationships. They had fifteen more years to figure out how to talk someone into giving them what they wanted. Oh yeah, and how many serious relationships have you had?” What people often fail to realize is that for the child, this is their very first introduction to sexual relationships and they are simply outmatched by someone who has honed their skills of manipulation to lure the child into believing that they are on even cognitive ground and therefore in an equal relationship. This cannot possibly be the case when you think about it. While some teens are very good at acting mature and responsible, they do not yet have the ability to determine who is and isn’t trying to trick them and they cannot possibly have the understanding of adult relationships that only comes with experience.
“She/he always seemed older in a sexual way.”
Yes, I hear this one too and my response to this is simple…how does a child come to seem older in a sexual way in the first place? Often it does not take much looking to see why this might seem true. Is this a child that was previously sexualized by another abuser? Is this a child that has been taught that her (could be a he but I find this argument most often to be about girls) looks and looking sexual is something that is rewarded in her family? Has this child been exposed to a lot of media that encourages young girls to act in sexual ways? Does this child live in a family where you do not get noticed unless you are acting out making it easier for her to get tricked by someone who treats her special? Were these circumstances also the child’s fault, or do these circumstances explain the ways in which this child was made into a target for a predator? Just because a child has learned to act in a certain way, or dress in a certain way, it does not mean that the child has the same cognitive abilities of an adult. It does however, give manipulative abusers a heads up that they are an easier target.
While we don’t like to think about these things, it is important before we make a statement that impacts an average of 1/3 of the people in the room, that we take the time to arm ourselves with knowledge. Yes, approximately 28% of the population in the United States will be sexually victimized by the age of 17. Knowledge is power and if you want more knowledge, try some of these links:
If you want to learn more about protecting your child from abuse try my posts:
It’s Not Just Strangers: Protecting Young Children From Abuse Part I
It’s Not Just Strangers: Spotting Potential Abusers Part II
Teaching Young Children about Stranger Danger
And, if you believe anyone you know is suicidal like Cherice Moralez, please look up my posts:
Parent Affirmation Monday- 8/13/2012- control
Written by, Kate Oliver, MSW, LCSW-C
I care more about my child (or husband/wife, etc) than I care about this conflict.
How often do we get into it with our kids over something little? Do you argue with your child about the right way to do something, or getting it done the way we want them to do it? This week, I am challenging you to pay attention to how much you do this and whether you may be able to pull back that behavior a little bit to allow your children (or your spouse) to do it their way.
A recent study came out that says that mothers who feel as though they are the most essential component of their child’s life (over fathers even) are more likely to feel overwhelmed and depressed. When we seek to control the actions of others (even our children), we are certain to get into a power struggle. Yes, common parent knowledge these days says that if you give an order, you must follow through. But how often are we demanding that things must be done only our way? There is a happy medium between the constant negotiations we know children are capable of and completely avoiding all conflict. Let’s try to find that for you with your children and with your adult relationships.
I distinctly remember when I realized my husband does some things better than I do with the children. Honestly, I was a little put off. My inner critic wanted to tell me I should know how to do everything better- being a child therapist and all, but, guess what? He is better at playing with them, joking them out of a funk and getting them into and out of the bath without argument among other things. This week, be open to the possibility that children and significant other adult relationships may do things differently in a way that might be just as good, or better than you expected.
Related articles
- Raising Successful Children (nommimarlik.wordpress.com)
- Mother is Best? Why “Intensive Parenting” Makes Moms More Depressed (healthland.time.com)
It’s Not Just Strangers- spotting potential abusers: Part II

Join the movement to end child abuse: http://www.1stand.org (Photo credit: Wikipedia)
While 96% of all abusers are men,* and men tend to be the focus of this article, it is important that we refrain from trivializing the role of women as abusers as well. In this article, I speak mostly about men, but the same holds true for women. Here are some tips to spot potential perpetrators or unsafe situations:
1. Look for people who are more interested in your children than their own children. For example, if you go to a birthday party and see the father of the birthday kid paying more attention to your child than their child, take a moment to listen to the words they are saying to your child. Are they trying to draw your child away from the crowd? Are they excessively flattering? Are they trying to get your child to come for a playdate even when your child seems reluctant?
2. Pay attention to any men who are overly willing to be available to babysit, especially if they are willing to put off other, adult activities to be more available to your child for one on one time. This is true for teenage boys and boys or girls that you know have issues but just like to hang around with your children even though your children are significantly younger. Kids who are developmentally younger than their chronological age will still begin sexual development at the same age and if they feel more comfortable with children their own age, they are more likely to try out sexual behavior on younger children who will let them get away with it.
3. “Grabbers” are perpetrators that take the opportunity when it presents itself. These are, for example, the in-home, daycare provider’s brother who came to visit for a week and was in the home when you dropped your child off. You can protect your children from those by asking any adult who is in charge of your child to tell you if there will be any other adults around your child. If you notice a new face when you take your child to school or child care, don’t be afraid to ask. Just do what I do and say you are an over protective parent. Own it 🙂
4. “Groomers” are people who take time to get a child (and parent) comfortable with them. They may take a long time to even begin doing anything to the child. In the meantime, they begin to seamlessly insert themselves into the family and over time, develop a relationship with the children. Listen to your gut if you get a feeling about someone, take a minute to ask your child and get curious about how they feel when that person is around.
5. Be visible. Parents who are a known presence at school and day-care are less likely to have children who are victims. Show up unannounced at child care and for school lunches if your child’s school allows it. Volunteer a few times a year so you get to know teachers and other school personnel and they get to know you. Know your childcare provider and, if you do not trust his or her decision-making, get a new one.
6. Be aware of people in your own family who you know are perpetrators. This may sound obvious, however, I have met enough people by now who allowed their child to be around the grandparent who abused the parent, yet the parent felt if they were watchful enough, their child would not get hurt, or hoped that the perpetrator had changed enough that they would not do that to their grandchild. Similarly, if you are a divorced parent and abuse was an issue during your marriage, or you knew that your child’s other parent was harming or neglecting the children, if possible, protect your child from being alone with that parent. Wikipedia reports that, “the U.S. Department of Health and Human Services reports that for each year between 2000 and 2005, “female parents acting alone” were most likely to be perpetrators of child abuse.” ** If someone is a known perpetrator to you, do not allow your child to be alone with them. Stepfathers and fathers respectively are the most likely to be reported as perpetrators of sexual abuse for girls 10 and older according to childabuse.org.
7. Listen to your child. Children, especially young children, often disclose information that we do not catch if we are not listening. If a child says something that causes you concern, be curious and ask them about it to clarify what they are talking about. Sometimes because our young children are so sexually innocent, they don’t even know that there was anything out-of-order with what happened and they just tell you about it.
I want to conclude by being perfectly clear, that there is no guarantee that our children will never deal with an abusive caretaker. However, the likelihood that a child will identify a problem to you sooner, so that you may take action immediately will be increased by talking to your child and being aware of the tricks of abusers.
Related Articles:
- It’s Not Just Strangers- Part I (help4yourfamily.com)
- Chronological Age vs. Developmental Age (help4yourfamily.com)
- Teaching Young Children About “Stranger Danger” (help4yourfamily.com)
- When Your Inner Critic Hurts Your Relationship With Your Children (help4yourfamily.com)
It’s Not Just Strangers: Protecting Young Children from Abuse- Part I
I hate to break this to you in case you didn’t already know it but strangers are not the main cause of harm to children. While we talk to children about “stranger danger,” as parents, we sometimes fail to talk to them about ways to protect themselves from people they come across in their daily lives who may be harmful to them. Statistically, children are much more likely to be harmed by someone they know. In cases of sexual abuse, for example, 90% of child victims know the perpetrator in some way^. In 1994, Dr. Gene Abel, conducted a study of 453 pedophiles. In total, those pedophiles admitted to over 67,000 victims, averaging out to 148 victims per perpetrator^^. In my own experience, I have seen that most perpetrators have multiple victims and that sexual abuse is much less likely to be reported and prosecuted in the United States. In this post, I am focusing on sexual abuse since that is the most under-reported of the abuses, however, you can use many of the same rules for neglect and physical abuse. Rather than encouraging fear, I would like to tell you some ways you can prepare your children in case anyone ever does try to inappropriately touch or discipline them. In my next post, I will tell you about signs you can look for to prevent abuse before it occurs.
Tips for teaching your young children about abuse prevention:
1. Talk with your young child about the rules about private parts, namely that: private parts are the parts covered by your bathing suit; the only people who can touch private parts are parents when you are taking a bath or helping to change a diaper or going potty, and doctors during an exam.
2. Define other types of abuse as well: if someone hits you and leaves a mark, or does not take care of you when they are supposed to- like a babysitter who would leave a child home alone, then come back before the parents get home. Tell your child that no one has permission to hit them even if they say they do, and that no one is supposed to leave them home alone.
3. Teach children that if anyone tries to do anything you have just taught them is abusive they should: 1. say no, 2. get away, 3. tell someone (list a few people it is okay to tell).
4. Teach kids that people who would try to touch private parts, or hit, or neglect kids can be tricky. If someone says they are going to hurt someone else if you tell something, don’t be tricked! Tell!
5. Teach children to listen to the “uh oh” feeling. If anyone they know gives them an “uh oh” feeling (usually you feel it in your tummy, throat or head) then instruct your child to tell you as soon as possible.
6. If you see your child acting strange around another adults and it makes you uncomfortable, when they are away from that person, gently bring up that you noticed they seemed different and get curious about why that might be.
7. Encourage your child to build a vocabulary for feelings and talk about feelings in your family. If you have difficulty with this, remember our affirmation for last week was: My children give me constant opportunities to learn and grow. See, you have a learning, growing opportunity right here.
8. Keep an open dialogue with children about okay and not okay touches. Allow your child to speak up if they do not want to hug or kiss someone and back them up if they say or use body language to show that they do not want someone touching them. Give them alternatives to help them problem solve like a fist bump, a high-five, or a hand shake, or if you find yourself witnessing your child being uncomfortable with a person trying to touch them, you can say something like, “Jake’s not quite ready for a hug, how about a high-five?”
Watch the language and tone that you use during your conversations with kids about this topic. Children can misinterpret a very serious parent for an angry parent and feel like they are in trouble if you take the conversation too seriously. Keep the conversation light. Remember Mr. Rogers from Mr. Roger’s Neighborhood? If you don’t remember him, think of a gentle teacher you have met and emulate them. Just like talking to kids about “stranger danger” this is not a one-time conversation. Check in periodically with kids about what they would do if anyone ever tried to touch them.
Do you have questions about protecting your children from abuse? Please feel free to ask them in the comments section.
Related articles
- Beyond “Stranger Danger” (mommeetsblog.wordpress.com)
- Chronological Age vs. Developmental Age (help4yourfamily.com)
- Teaching Young Children About “Stranger Danger” (help4yourfamily.com)
^http://www.childhelp.org/pages/statistics
^^http://www.cpiu.us/statistics-2/
Qualities of good programs to prevent child abuse

PEARL HARBOR (April 23, 2010) Mara MacDonald, from the Navy New Parent Support Home Visitation Program, leads a group of new mothers and their babies in an infant massage class. The program is administered by the Navy Region Hawaii Fleet & Family Support Center and assists new parents and expecting parents with home visits, information on parenting, referrals, support groups and nurturing skills. (U.S. Navy photo by Mass Communication Specialist 1st Class Jason Swink/Released) (Photo credit: Wikipedia)
In my final post (for now) about programs to prevent child abuse, I thought I would highlight some qualities of programs I have seen that effectively work to prevent child abuse. As a reminder, my original start to this series of posts was a question posed on another blog about how we can prevent child abuse and child deaths.
1. The first quality any program providing aid to people who could use parenting help is compassion/ empathy. I know this may seem like a no-brainer, but some programs I have seen seem to leave this element out. No one wants to go to a program to hear how awful they are, thus confirming their internal fear that they are, in fact, awful. A compassionate program understands that all parents experience fear, that we are all doing the best we can, and that none of us have children thinking we are looking forward to messing them up as much as possible. Acknowledging this over and over is an important part of any program seeking to help parents.
2. Normalizing getting help is an incredibly important part of any program seeing to end child abuse. Highlighting the diversity of parents, race, class, and gender, who seek help is also incredibly helpful. This is, in my opinion, best achieved by having mentors that have completed the same or a similar program and are a representation of the general client population of the program. For example, if this is a program aimed toward parents experiencing postpartum depression, you would want a parent mentor or group leader who has experienced this and is regularly available to participants.
3. Good programs focus on the importance of parents in a child’s life. For regular followers of my posts, you know I had to mention attachment :). But seriously, the cornerstone of a good program that prevents child abuse absolutely needs to highlight the impact parents have on their children. I think people sometimes think it is a given that parents know how important they are to their children, but for people struggling with parenting- perhaps people whose parents were not ideal either- I find that many of these parents feel disempowered to make change in their child’s life. A good program reminds a parent of just how important they are.
4. The final quality I would like to highlight is that a good program helps people to build a supportive community. Good programs build communities so that if the program is ever unavailable, the learning and growing continues among the members of the community.
Some good programs I know of in my area are:
The Healthy Families program where parents are met in the hospital by someone from the program and are given support if they request it. Support can include getting help with access to services or forming a group of other new parents in the community. While there are healthy families programs all over the country, you can find the one near me here: http://www.hopkinsmedicine.org/howard_county_general_hospital/services/mothers_and_babies/healthy_families/index.html
The National Family Resiliency Center (NFRC) is a center for families experiencing a family transition and for parents where there is any need for co-parenting agreements. NFRC has been a national leader in helping court systems to recognize that when parents separate it is important to keep in mind the best interests of the child. They provide individual, couples, group counseling for parents and children, reunification and collaborative divorce services as well as very good classes for parents and children who are experiencing the transition process. Additionally, NFRC helps parents who would like to have co-parent agreements and low-conflict divorce. One way they do this is with an on-line program, www.familyconnex.org to help parents make decisions that are in the best interests of the children. Here is the link to NFRC’s website: www.nfrchelp.org
The Infants and Toddlers program, which is part of the educational system but may go by different names in other states, identifies infants who may have developmental delays and helps parents by offering resources for children birth-5 years with the combination of services they might need to get them school ready. You can find them here: http://marylandpublicschools.org/MSDE/divisions/earlyinterv/infant_toddlers/about/message.htm
There are many more, but these programs I mentioned in particular, although they target different populations, offer the combination of qualities important for a program aiming to prevent child abuse. While they might not even directly target child abuse, they are organizations that can recognize and report possible abuse, and that may help to prevent it in the first place though education and service.
What do you think? Do you know of any good programs that have been effective in your area in preventing abuse? I would love to hear about them. Also, did I miss any qualities of effective programs to help parents?
The Problem with Social Services- part II
In my post yesterday, I outlined some of the problems with the implementation of Social Services. Today, I will be discussing support for CPS and social workers in general. You can see from what you read already that in many ways workers are bound to the law of their area for decision-making purposes. I am certain that every CPS worker you will ever speak to has a child, or several children, that they wish they could have removed because they could see the train wreck coming. Similarly, they will also have a child they were sad to remove, and parents that surprise them with their resiliency, cruelty, etc. Just when you think you’ve seen it all, they have seen more. Yet, how much do we hear about CPS workers, or any social workers, for that matter getting recognition for the difficult work they do? In many ways CPS workers are damned if they do and damned if they don’t in most situations. The cases that get highlighted are the extremes where children were taken from the home with little apparent reason or children that were not removed from the home who died. There are almost always people who are upset with the decisions of the workers- people who feel neglect or abuse is occurring get angry because they want CPS workers to be more proactive, and people who feel the parents are doing the best they can, or have a right to parent however they see fit even if it borders on abuse want CPS workers to mind their own business. I do not mean to make any excuses over children improperly removed or children who are left in the home who suffer further abuse or fatality but I do want to say that with the high caseloads expected of caseworkers, the low-level of support and the high burnout rate of workers, mistakes are bound to happen. While I’m mentioning this, another potential area for legal changes could be mandating a particular number of children on a workers caseload just like school districts have a student; teacher ratio.
In addition to having incredibly difficult jobs and little public understanding of their role, CPS workers do this with very little financial support. While I was not working as a CPS worker, after earning my master’s degree and going to work in a treatment facility for abused children, I got very little compensation. By comparison, my sister, who was getting her undergraduate degree in computer science, made more at her internship than I was making at my job. I left that job five years later, with many tears on my part because I did love my work and I was in a supportive atmosphere. The final straw for me was after I had two children and my husband and I were in a Home Depot one day where two employees happened to be comparing paychecks while we were checking out. One of them mentioned how much money he was making an hour and I realized I was making only a dollar an hour more than he was. Even though my husband works hard, we do need my paycheck and I realized I needed to earn more money to justify being away from my babies. The average income of a full-time CPS worker is about 30-35,000 which is in the high range for social workers outside of private practice. If you compare what social workers and teachers do, we can make many of the same arguments about being expected to purchase materials in excess of what is provided and work hours outside of paid time, etc. Yet teachers have the support of the public. When’s the last time you saw a discount for social workers to get into a museum or social worker night at the pizza place? I’m guessing never.
My point is not to whine, my point is to say that one thing we could really use is some marketing. Right now the cons of getting involved in child welfare in general outweigh the pros for anyone who relies on their paycheck to put food on the table. If I had a dollar for every time in my master’s program I was told we were not in social work for the money, I would be rich. Bottom line, we need to support the intent of social services- to protect children and prevent child abuse, to advertise the opportunities that social services can help struggling parents with, and to better compensate and support our workers so we attract the best of the best. As part of a larger marketing campaign, we need to educate people about the current role of social services (while taking responsibility for past mistakes), focusing on people of color, immigrants and the very poor as in the past the United States has improperly targeted these groups and there is, in my opinion understandably, a generation of people who carry the fear that their children will be taken should they seek assistance or raise a question to anyone about how to be a better parent.
While you may believe that focusing on CPS is missing the point of supporting child abuse prevention, I believe it is very pertinent to the discussion. According to PBS’s Frontline website, only about 60% of the cases referred to CPS are actually found to need further investigation, however, even without finding a child has been abused, often the local Department of Social Services can offer families help in signing up for programs that include child care, food and medical assistance, and parenting classes. A 2002 report for the Urban Institute says that about $20 million was spent that year on child welfare services. Compare this to the Humane Society’s $160 million budget to protect animals. I have nothing against animals (I’m actually a vegetarian) but seriously? This is shameful! People will give money all day long to protect animals, but when it comes to children, for the most part, people do not want to hear about it, talk about it or think about it. I think too, we assume services are out there and available when really, they are not as available as we would like to think. De-stigmatizing aid and increasing wages to hire the best workers would dramatically change the impact of Social Services in preventing child abuse.
Tomorrow, I will highlight what I believe to be the cornerstones of a good child abuse prevention program.
The Problem with Social Services- from a Social Worker’s Perspective- part I
Written by, Kate Oliver, MSW, LCSW-C
I am writing this post in response to another post by Daniellesstory (I will repost so you can see it if you missed it) asking how it is that we might mobilize to make our children safer. Part of her concern was their safety when they have been entrusted to the care of social services. I would highly recommend you read her post about her experiences with her adopted daughter and social services and her questions about how to enact meaningful legislation that would really help children rather than serve as “nice words” saying we support a safe and healthy childhood for every child. I realize that her blog is not asking solely about Social Services but since most of the children that I see in my practice have had some interaction with social services, this is actually an issue that comes up a lot and I will focus on them for this post. If you are interested in finding out more about my own work history that informs my thoughts here, you can read my longer professional biography on the website www.attachmentdisordermaryland.com- you will find me in the “about us” section. While there are many aspects of Social Services we could talk about, in this post, I am going to stick with ways to change the ability of Social Services to protect children.
The issues, as I see them, are three-fold, implementation, support and funding. I will speak to implementation first. Right now, the individual states are in charge of the Departments of Social Services (they are not even all called that- but they all serve the same function) and within the states, sometimes Social Services are run by the counties and cities within the state. Each area decides for example, the level of education required to call someone a social worker and that can very within a state. In my state, Maryland, the county I live in has Child Protective Service (CPS) workers that are all Master’s level educated, while in Baltimore City, the Master’s level educated people are not in the field, they are supervising the workers in the field who may have an AA or undergraduate degree. It’s easy to see how a CPS worker with an AA would have a different skill set for helping, coping with burnout etc. from a Master’s level worker.
Additionally, different states have different laws about the implementation of protective services. In Maryland we have a law that states that Social Services must respond to an abuse report where a child may be in danger within 24 hours. That law and a law requiring workers to see any child who is a ward of the state routinely was the result of a child death while the child was in care and a subsequent re-haul of the system (via the Maryland state legislature). We also have a “mandatory reporter” law where people that routinely work with children, such as people in the school system, health care workers, social workers, etc. are required to report any suspicion of abuse. Other states have other laws governing (or not governing) social services. Consequently, when we talk about protecting children, we really must look to the laws of the state. In the daniellesstory post, the author suggested a lawsuit. I would suggest laws are easier changed by speaking to politicians about actual measures they can take. It is not my intent at all to minimize or excuse the awful things that happened to that author’s daughter or her daughter’s biological brother, only to better explain where the gaps and disservice comes from.
The question I think I get most often from people first bringing in their traumatized children to me has to do with why social workers do or do not remove children from a home. Here’s the deal… when we have a legal system that presumes innocence until guilt is proven, we create a reactive rather than proactive society. This means that social workers cannot just waltz into a home and remove children unless they have concerns that the child is in iminate harm of abuse. Each state has different laws about what constitutes abuse or neglect. In my state abuse means that a person left a physical mark on a child, used a child in a sexually exploitative manner, neglected to meet a child’s basic needs for health and welfare by not dressing them appropriately for the weather, neglecting to follow through on medical recommendations involving health issues, etc. Also included in my state’s laws related to abuse is mental harm- wherein a child has been emotionally abused by a parent, however, I do not know of a single case where a child has been removed for this alone. To break this down into the parts people seem most interested in, no, you cannot remove a child solely because they have drug addicted or alcoholic parent, or their house is messy all the time (unless the mess creates certain harm to the child), or because you think they are overly punative and mean. Children can be removed if the parents are drug abusers who have taken the child in the car while they were driving drunk or high, the mess in the house constitutes danger to a child, or the punative, mean nature of the parent translates into actual physical harm to the child. Because of the reactive nature of our system, children cannot be removed before harm is done. Child Protective Service (CPS) workers are trained to work to keep children in the home since we do not have a large pool of willing foster parents who are excited to take children into their home. Kinship care (where a child is placed with a relative) is the next step, and foster care is the last resort a worker looks for. Again, implementation of these decisions over whether a child stays or does not stay will have a lot to do with the training and support given to people in local departments and can vary widely.
In 1997, Congress enacted a law making a timeline where social services are required to work toward reunification of the child with their parent, except for some extreme cases, for 15 months. After those months are completed, they are to switch to permanency planning where they work toward the termination of parental rights so a child is free to be adopted. This law is in effect to avoid having children lingering in care for years and years while the system waits for a child’s parent to get it together. The belief behind the law is that children are best served by being in a family. Because this is a federal law- it is the same in every state.
As I mentioned before, not all states have the same laws and you definitely want to look up the laws in your individual state. The laws directly impact the way services are implemented so if you are looking for a different implementation of services, I would suggest you look at the wording of the laws about what constitutes abuse, who is a mandatory reporter and what they would be required to report, and look at the timeline for services for a child outside of the federal timeline like how quickly a child needs to be seen etc. I would not try to change the law to be pro-active (removing children before harm is done), not only is it asking to change a fundamental principle of our legal system, it is a slippery slope. Take, for example, when people say you should need a license to be a parent. Who would implement that law? Who would decide who gets to be a parent? What would the requirements be? When you look at it that way, you can see this is not a road we want to go down. We can’t even agree if a grown woman should be allowed to have birth control covered by her insurance for goodness sake- how in the world would anyone begin to decide who would get the parenting license, etc? I would also point out that I have met many parents who are “licensed”- they are foster parents and while they are required to take classes and pass basic requirements, they continue to have the same spectrum of parenting ability as the general population- anywhere from abhorrent to fantastic. To conclude this portion, I would say that the laws generally protect parents to raise children in the ways we see fit with limits set for the minimum standard of care and the maximum amount of physical force and exploitation. Within those parameters, we are all free to “mess up” our children as much as we would like and the system does not get to take them.
Tomorrow, I am going to post about two other issues, support for Social Workers and others who aid in protecting children and barriers to prevention.
What do you think would be a good law to implement to protect children?
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