Monday, May 12, 2014

Are Foster Childen Being Protected by Foster Care System?

Almost weekly, some foster child advocacy group questions whether these children are being protected by the very systems put in place to ensure just that. The latest article comes as an editorial questioning certain aspects of the foster care system.

One area of concern involved the high level of secrecy that surrounds foster children cases. The same federal law, the Health Insurance Portability and Accountability Act or HIPPA,  that protects your medical information from being shared with anyone is the same law that protects information about foster children. No one argues against this protection, but when there is no oversight or even a chance at oversight, an environment is created where abuse and omissions can and do take place.

Some states understand this possibility for abuse and are taking positive steps. Judy Nord, a lawyer with the Minnesota Judicial Branch, shared that South Dakota is opening hearings and records to the public.

At the same time, other states, such as California, have a virtual lock on access to hearings or records. Only one, Los Angeles, out of 58 counties allows for some access by the media and "interested parties" due in large part to Michael Nash, the presiding judge of Los Angeles County Juvenile Court.

Late 2013, this ruling was being called into question by some saying that access, especially by the media, could harm the foster children involved.

However, an LA Times editorial in December of 2013 supported access to foster children cases and rebuffed any fears reporting that:

"parents who felt their cases were being rushed through by overburdened lawyers and social workers have expressed relief to have outside eyes present; lawyers who complained of judges delaying cases have welcomed coverage that creates a disincentive to dawdle. The tentative ruling cites no instance in which any [foster child] has been harmed by the presence of reporters."

Unfortunately, Judge Nash's ruling was reversed in March 2014 by the California Court of Appeal. It's expected that Judge Nash will give a new order so that some public access will continue to the benefit of foster youth.

Without this ability to shine a light on proceedings, foster youth can spend years in foster care at a cost of up to $66,000 per child per year. Family members, even those living in Mexico, can remain in the dark and without notification that their child relative is now a foster kid. This notification is mandated by many states such as California as well as by federal law. And all the while, children are suffering by the failings of the system. It simply doesn't need to be this way.

We taxpayers, who are financially supporting the foster care system, should not only want a system that is transparent but demand a system that continues to improve to deliver the best possible outcome for our foster youth. The key to knowing that the system is working is through openness.

Regards,

Richard Villasana
  Richard

Richard Villasana
Find Families In Mexico

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