There’s a reason I call my voicemail at Creative Loafing the “fruit and nut line.” At one point or another, every fruit and nut in town has recorded a rant or rave on it. I have a very simple formula for deciding who to take seriously: if more than two governmental agencies are involved in the supposed “conspiracy” they want me to investigate, I generally hit delete.If there’s one thing reporting has taught me, it’s that the vast majority of government bureaucrats are not organizationally capable of the sort of effort required to pull off a multi-agency conspiracy to keep someone down. Like other faddish conspiracy theories, Jack and Kathy Stratton’s battle for custody of nine of their children has long since earned fruit and nut status with me.
It was possible to believe that a conspiracy could have been in play when only the Mecklenburg Department of Social Services and Judge Elizabeth Miller were involved in removing the Stratton kids from their parents’ home on charges that the deeply religious couple, who home-schooled their children, had neglected to provide adequate food, clothing, shelter, education and medical care for them.
But as a growing number of eyeballs from various government agencies have perused the full record in the case — which includes internal DSS records not available to the public — and failed to find fault with the agency, it’s becoming increasingly difficult to believe that the Strattons were the victims of a treacherous plot by DSS to steal children from perfectly good homes and trade them for federal adoption money.
At this point, in order to cling to the belief that Jack and Kathy Stratton bore no fault whatsoever for the fact that their parental rights to their children were terminated last week, you’ve got to believe that DSS, two judges, the NC Attorney General’s office, the NC Department of Health and Human Services, all of the Mecklenburg County commissioners but one, and the anonymous person who originally filed a complaint against the Strattons were all part of a conspiracy.
With the exception of the person who originally turned in the Strattons, all the folks listed above have either declined to investigate or sided with DSS after having full access to all the details of the case. District Judge Margaret Sharpe, who initially showed signs of hammering out a compromise between the Strattons and DSS, eventually decided to terminate the couple’s parental rights last week. Even conservative County Commissioner Bill James, who has spent his political career terrorizing county bureaucrats, appears unwilling to take on the system over this case. The best he could muster for the Charlotte Observer was that he finds “enough blame on the side of DSS and the Strattons to go around.”
The main problem here is that the public has no access to the internal DSS documents, so we’ll never know who’s lying and who’s telling the truth. DSS employees are barred by law from talking about the case, which has prevented them from responding to the charges Jack Stratton has leveled against the agency in the media, despite Judge Elizabeth Miller’s over-the-top efforts to jail him for talking about the case. (Miller is legendary for haranguing those who have the misfortune of winding up in her courtroom when she’s having a bad day. Jack Stratton is but one of many.)
We do know that a doctor noted in a medical report that one of the Stratton children claimed another child sexually abused him in foster care. No charges were filed by police in the case, but DSS doesn’t exactly appear to be on a crusade to keep this sort of thing from happening again in foster care, and rightfully deserves criticism for that.
But beyond that, it’s appearing more and more that the agency may have gotten a bum rap. Since the beginning, much of the media coverage of this case has been very heavily slanted in the Strattons’ favor. Although all the facts were unknown, Jack Stratton was given the benefit of the doubt from day one, a luxury County Commissioner Parks Helms was not afforded. Helms was publicly vilified for maintaining that DSS did nothing wrong after reviewing publicly undisclosed information on the case.
Frankly, if DSS is really yanking children from the homes of impoverished parents who can’t fight back in order to build a large war chest of federal adoption incentive money, they’re doing a lousy job of it. Of the 4,219 abuse or neglect cases social workers completed in the 2001-02 budget year, they filed 127 petitions asking courts for legal custody of the children involved.
Given the coverage of this case so far, it’s easy to forget that DSS workers don’t swoop down out of the sky and pluck up children. The department is complaint-driven and can only remove a child from a home by court order, unless the child is in imminent danger, in which case a hearing must be held in seven days. Once the court orders the removal of a child, all decisions are in the hands of a judge, not Parks Helms, DSS, or the county commission.
I’m sure there’s blame for something that should be assigned to someone here, but I’ll be damned if I can figure out who.
This article appears in Apr 9-15, 2003.
You’re right that unless we have access to all the info we don’t really know if there was a case of neglect/abuse or not. But what IS being documented all over the country and has been documented by a very reputable research org. – the National coalition For Child Welfare Reform — is that it’s very likely that the parent/s’ side of the story NEVER got on the record.
http://nccpr.info/solutions-due-process/
This is because of what appears to be a systemic violation of a parent/s’ and/or caretaker/custodian’s right to due process — In NC, under UCCJEA, the parent and/or the the person who has physical custody of a child has to be given notice and an opportunity to be heard — on the record — before the custody of a child changes. — unless there is an emergency. Beginning with NCGS 7B-406, the statutes governing Juvenile Neglect/Abuse/dependency tell how CPS is SUPPOSED to proceed – part of due process.
NC GS 7B-302 says that after the Director does an assessment of a situation based on a report of neglect or abuse -” (d) If immediate removal seems necessary for the protection of the juvenile or other juveniles in the home, the director shall sign a petition that alleges the applicable facts to invoke the jurisdiction of the court. Where the assessment shows that it is warranted, a protective services worker may assume temporary custody of the juvenile for the juvenile’s protection pursuant to Article 5 of this Chapter.”
Now in order to just go in and take a child, there has to be imminent danger.
Otherwise there is a process to invoke jurisdiction of the court, beginning with 7B-406 – and that includes summoning the parents to court to have a hearing to discuss the concerns – BEFORE taking a child.
Also, even if there IS an – “immediate need” and the courthouse is open, the DIRECTOR is supposed to take a petition — containing FACTS – NOT conclusions – that explains what the concern is to the COURTHOUSE – not the magistrate. Even if the Director feels there is an emergency — he/she still has to go to the COURTHOUSE if it is open. (if the courthouse is closed AND there is an emergency, the magistrate can write a petition)
Also if it’s a true Emergency – imminent danger to the child if CPS doesn’t remove him/her immediately – then the law gives CPS the authority to take the CHILD – but only for TWELVE HOURS –And the parent has a right to be WITH THE CHILD during that time. Then, says NC DHHS, there is supposed to be a meeting with the parents, the child (if the child is old enough) and CPS asap to basically see what is going on. THEN if there is STILL evidence for concern, a petition can be taken TO THE COURTHOUSE — to request nonsecure custody .
If that occurs, the parents are supposed to get a summons and a copy of the petition with the allegations and THEN a hearing must be held within 7 days – and according to 7b-506 -(b) the parents have a right to be heard, cross-examine witnesses – have their own witnesses heard, and present evidence.
Now, here’s the rub. If you question every parent in NC who’s has a child taken from them, my guess is that you will find not ONE who was given his/her rights under 7B-506 (b) — which also says that the burden of proof is ON THE PETITIONER to provide CLEAR AND CONVINCING evidence that the child should remain in custody.
I am a victim of this system. There was NO emergency. An emergency was not even alleged – harm to the child was not alleged and CPS admitted the child was healthy and unharmed. The petition not even ALLEGING an emergency was taken to the magistrate when the courthouse was open (see 7B-404). The required Affidavit that MUST state who had physical custody of the child and with whom he had lived in the last 5 years – -was fraudulent and the caseworker swore to its accuracy. UCCJEA requirement that the person who has physical custody of the child be heard (a federal law) was ignored, possibly because the affidavit was fraudulent.
I was NOT given the right to speak before or AFTER my grandson was taken from my arms, and I have been systematically prevented from presenting evidence – AND no one ever even alleged that my grandson was harmed or unhealthy. Furthermore, the caseworker violated NUMEROUS nc laws in her attempt to invoke jurisdiction of the court — the case was NEVER VALId — AND THE TRUTH NEVER got on the record —
Therefore you can read the record, and all the authorities in the world can read what’s ON THE RECORDS — but that will not give you the facts — it will give you DSS/CPS side of the story.
Whatever you think about a case, you should ask at least this: Was accused’s right to due process violated so egregiously that he/she was prevented from being heard or from presenting evidence. If so then how much of a case could CPS really have, if they have to shut up the accused – if they won’t let the whole truth on the record. Wouldn’t you want to know what CPS is hiding? or distorting?
One more thing, imagine a grief-stricken parent, who doesn’t even know what it is they’ve done to cause the action taken against him/her — and having SEVEN days to come up with a defense — and find an attorney – IF they can even afford one — which likely CPS would not even bother them if they could..
In my case, CPS didn’t even give me a copy of the petition – I didn’t even know WHAT the accusations were – and the hearing was held TWO DAYS after my grandson was taken from me.
Imagine coming up with a defense in that time without even knowing what the “charges” are!
Instead of being so glib about such an important and heart-wrenching subject, you might consider doing a little research!
http://www.nccpr.org/reports/12Financial.pdf