Open Court Proceedings Could Change the Child Welfare Narrative

Professor Matthew Fraidin sent “a small, friendly amendment” to my post on child welfare narratives. I said that he had previously focused on the need to open now-secret child welfare proceedings, but had turned his attention to narratives.

He explains that the two issues are intimately inked, as follows:

As I pointed out in an article in the Maine Law Review, the closure of child welfare courts plays an important role in creating the inaccurate narrative by suppressing stories other than horror stories.

My speech at the University of Michigan, which you discussed in your post, is an effort to depict the narrative that might exist if the much more common, much truer stories of child welfare could be told — stories of racial disparity, stories of child taken from their families unlawfully and unnecessarily, stories of lawyers who haven’t met with their child or adult clients, stories of judges who openly ignore the law.

Laws creating secret courts not only limit the people who may enter and observe the proceedings. They also limit the stories that may be told by those allowed to enter.

In other words, a lawyer involved in a child welfare case may enter the courtroom and review the documents in the court file, but s/he may not talk, i.e., tell stories, about what s/he knows or has seen or read.

In fact, the only lawfully-allowed stories are stories of criminal acts — murders, brutal injuries or severe neglect, for which adults are charted as criminals. But those don’t come from the child welfare cases and courtrooms.

In those instances, someone gets arrested, and the law places no limit on the information the policy may share with reporters. Reporters then tell the gruesome story beneath a screaming headline. And THAT creates and perpetuates the inaccurate narrative!

If child welfare courts were open to the public and press, the narrative would be much more nuanced, to say the least. We would read a diverse array of stories, including stories about lackluster lawyers, caseworkers and judges.

Most importantly, we would read about children who were taken, terrified, from their schools and homes and families, but didn’t need to be.

We’d read about children who were doing better at home than in foster care. We would read about parents who love their children, and children who love their parents and siblings, children who miss their homes and wither in foster care.

Those new stories might change our collective mindset about the child welfare system so that we would no longer think of it simply as a holding pen for animalistic parents and their children, who, inevitably in our minds, are fruit that doesn’t fall far from the tree.

“Child welfare” would be a much more complex phenomenon.

The D.C. Citizen Review Panel’s recent findings suggest that there are literally hundreds of children in foster care unlawfully and to their detriment.

The many, many stories that could be told about those children would convey a much richer, more realistic and less stereotyped image of the parents.

In the meantime, the ideas summarized in my HuffPo article represent an effort to start changing the inaccurate, destructive narrative, even in jurisdictions like the District of Columbia where child welfare proceedings are held in secret.

In my opinion, secret courts protect from challenge the inaccurate narrative created by racial bias and sensational horror stories.

You got it exactly right, Kathryn. “Chang[ing] the stories in our heads” can help us tell accurate stories, which happen to be the ones made illegal by secrecy laws.

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4 Responses to Open Court Proceedings Could Change the Child Welfare Narrative

  1. [...] Professor Fraidin has written a very thoughtful response to this post. As he explains, his opposition to secret child welfare proceedings and the prevalent [...]

  2. Very poignant. Your piece is so true because most news entities wait to cover the stories that are sensational or too graphic.

  3. [...] Professor Matthew Fraidin has written, we simply don’t know what goes on in the courtroom when parents are charged with [...]

  4. [...] Professor Matthew Fraidin has written, we simply don’t know what goes on in the courtroom when parents are charged with [...]

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