The center was founded in response to a troubling national trend: The removal of children from the care of well-meaning parents who are trying to safeguard their children’s safety and well-being. We have observed situations where children are placed with individuals who are either abusing or neglecting them, despite clear evidence of maltreatment.

The stress experienced by young children in such situations—whether due to domestic abuse or repeated instances of neglect—can impede their development and prevent them from reaching their full potential. The pattern of separating children from their caregivers, often their mothers, by family courts can lead to adverse childhood experiences. These experiences may contribute to poor physical, mental, and behavioral health outcomes later in life.

In many cases we have encountered, it is clear that the courts fail to meet the legal standards for terminating parental rights and do not adequately consider how removing a child from a protective parent might impact the child’s well-being. The Adverse Childhood Experiences Study by the Kaiser Family Foundation and the CDC highlights major stressors that can lead to significant life and health challenges. Among these stressors are abuse and the loss or separation from loved ones, often determined by state courts and child protective services.

We believe that many of these children suffer from mental health issues, substance abuse, and decreased productivity in later years due to trauma influenced by family court and child protection systems. This underscores the need for more robust court and CPS processes to prevent errors that place children in harmful situations—situations no child or family should endure.

Why is Our Work Important?

The National Center for State Courts reported that family courts handled approximately 5 million family law cases in 2016. In the same year, Child Protective Services (CPS) received a substantial number of reports of child maltreatment. The decisions made by state court judges and CPS workers significantly impact the lives of countless children and families. As a nation, we must recognize the profound influence that judges and CPS caseworkers have on child and family well-being, which affects our overall national health.

As a family medicine doctor and public health physician, I believe that health encompasses more than just the absence of disease—it is a state of complete mental, physical, and emotional well-being. While our focus may not be on direct physical ailments, judicial and CPS decisions extend beyond the courtroom into critical areas such as:

• Safety
• Education
• Economic stability
• Housing
• Employment

Indeed, divorce and custody issues are a leading cause of bankruptcy in the United States. These factors can create emotional and physical stress that impacts a child’s development and future productivity. Judicial and CPS decisions on child and family welfare significantly affect social determinants of health, influencing population health outcomes and quality of life for individuals, families, and communities nationwide.

What Can We Do About It?

We have a significant amount of work ahead of us! While there is no single solution, there are actionable steps that states can take right now to help keep children safe and families thriving.

REFORM STATE CHILD PROTECTION SYSTEMS BY ADOPTING A GRADUATED TIER-BASED EVALUATIVE APPROACH FOR HANDLING REPORTS OF CHILD MALTREATMENT

In the graduate tier-based approach, 

CPS triages initial reports of abuse

Repeat and duplicate reports are NOT SCREENED-OUT but are then escalated to higher & higher levels of evaluation by separate entities or levels of expertise

DEVELOP A HOLISTIC AND TEAM-BASED APPROACH IN CUSTODY DETERMINATIONS INVOLVING CHILD MALTREATMENT & FAMILY ABUSE  (A TRIAL BY JURY MODEL). 

We propose that child & family abuse matters might be better managed by a panel of unbiased child-focused professionals, to include: 

• Marriage & family therapists, 
• Educators, clergy, 
• Social workers, 
• Adult mental health professionals, 
• Child/adolescent behavior & developmental psychologists, 
• Family medicine physicians, 
• Pediatricians, 
• Judges 

And importantly, 

• Child abuse and domestic violence specialists. 

BROADEN MANDATORY TRAINING REQUIRMENTS FOR STATE JUDGES WHO DETERMINE CHILD & FAMILY ABUSE MATTERS

Such training must include: 

• • • • Child & adolescent development and behavior, 
      • Understanding of family systems, 
      • Human development across the lifespan, 
      • Addiction & substance abuse disorders, 
      • Personality disorders, 
      • Domestic violence and child abuse education, 
      • Behavioral assessment all with 
      • Special consideration of ethnic & cultural variations specific to each area of training.

APPOINT FREE LEGAL COUNSEL FOR PARENTS WHEN MATTERS OF CHILD MALTREATMENT ARE FACTORS IN FAMILY LAW CASES.

FEDERAL CHANGES WE CAN MAKE MIGHT INCLUDE:

1. IMPORTANTLY, REMOVING FUNDING STREAMS THAT MIGHT INFLUENCE JUDICIAL AND ORGANIZATIONAL MISCONDUCT.   

Presently DHHS issues grants to states in support of Healthy Marriage and responsible Fatherhood Initiatives totaling 1.5 Billion dollars. We assert gender- based funding may drive the direction of child maltreatment determinations away from focus on child safety and well-being but in favor of the parent gender matching where the money flows to states. 

AND

1. MODIFYING THE CRIME BILL ENDING EXPANSION OF SUPERVISED VISITATION CENTERS TO PENALIZE PARENTS FOR REPORTING EVIDENCE OF CHILD ABUSE IN GOOD FAITH. 

Parents should not be supervised with their children as punishment for reporting child maltreatment to authorities in good faith.

Friends, as these are hard to fix problems!

The Center for the Rights & Protection of Children understands that ensuring child safety is a crucial mission that requires the collaboration of various groups interacting with the courts and local state governments. We are focusing on policy and legislative solutions by engaging health systems, stakeholders, private organizations, and, most importantly, you—the people. Mothers, fathers, grandparents, and all members of thriving communities are essential in driving the change we seek for children and families.

Best, 

Erica M. Allen Winslow, MD, MPH