Gun Control and Foster Care

As Marjory Stoneman Douglas High School students continue to push for gun control reform and the national debate rages on, one population of parents is facing an extra hurdle in gun laws – foster parents. Foster parents regularly help children deal with the same issues that plagued the young, traumatized Nikolas Cruz, and as the threat of increased gun control regulations grows, they are fighting for their right to own, carry and operate firearms while caring for foster children.

First, it’s important to understand how we got here. On February 14th, 2018, Nikolas Cruz committed what is one of the most discussed mass shootings in American history. His story, however, began much earlier than that – his biological mother, a drug addict who was incarcerated at the time of his birth, gave him up for adoption to Lynda Cruz when he was three days old . After turning 10, he was diagnosed with autism and later, attention-deficit/hyperactivity disorder (ADHD) and depression.
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The State of Kinship Care Legislation 2017, Part II: The Way Forward

This is Part 2 of a 2 part series. To read Part 1, “The State of Kinship Care 2017: Best Intentions,” click here.

In Part 1 of this analysis, we discussed the issues California was facing as it rolled out its resource family approval (RFA) process. We began exploring the ways that all kinship caregivers across the nation encounter obstacles as they attempt to provide the best care for their children. Specifically, we delved into federally-based solutions that Congress has begun implementing, but these broad stroke measures, while helpful, simply cannot directly address some of the issues that individual states face as they promote kinship care initiatives. Often, these issues stem from the unforeseen consequences of operating within a bureaucracy as state governments attempt to balance the rights of parents (both biological and foster) with the best outcomes for children in kinship care.

kinship caregivers

For instance, California’s RFA process that is now preventing kinship caregivers from receiving stipends was intended to take only 90 days. However, in their attempts to impose more rigorous standards for resource parents and provide better outcomes and avoid tragedies (See: “Foster Care Negligence, Abuse and Death”), legislators accidentally created a practice that was inhibiting placements. According to the Chronicle of Social Change, despite the launch of the reforms “some county workers were unaware that extended family members were able to receive money from the state as resources families.” With workers unaware of the most up-to-date legislation, the child welfare system effectively functions under old, outdated laws.
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Defining “Normal”: Creating a Sense of Normalcy For Foster Youth

For many, childhood is marked with memories of sleepovers and vacations or passing the driver’s exam and taking that first drive to an after-school job. For foster children, however, it can be difficult to share in these experiences that so many consider normal. As wards of the state, foster children are at the mercy of the legal system – their foster parents are required to go jump through several legal hoops such as restrictions on car insurance, required background checks for potential chaperones or pre-scheduled court dates and visitation periods. Some of these even require the foster parents to personally fund the endeavors. Child welfare providers across the country are increasingly recognizing that these regulations, once thought to protect children, actually impede the foster care system from providing the best care possible.

What Is Normalcy for Foster Youth and Why Is It Important?

“Before, we were trying to keep kids from getting hurt…. We put them in a room and made sure nothing happened to them,” Mike Watson, an executive for a Florida foster care agency, said of previous foster care standards. “We don’t want supervisors. We want people to parent. We had created this artificial relationship where you had state-sanctioned individuals in a home acting like a jailer.” Now, there is a push for “normalcy.” Normalcy is a standard of care that enables foster youth to share in the everyday activities that allow them to develop the skills that will build a true sense of independence. But what, exactly, is normalcy for foster youth? Continue reading

The State of Kinship Care Legislation 2017, Part I: Best Intentions

Every year, child welfare agencies across the country are increasing their emphasis on kinship care, a form of foster care that gives placement preference to relative caregivers instead of traditional foster parents who are strangers to the children placed with them. Widely recognized as the better way to care for foster children, kinship care legislation has been making its way to law for the better part of the last decade. However, kinship placements are very different from traditional ones – the complex intrafamily dynamics and unique family relationships combined with support systems that fail to account for these aspects of kinship care often mean that legislation can fall short of helping relative caregivers. In 2017, California introduced its Resource Family Approval process (RFA), a reform that, in part, aims to register and financially compensate relative caregivers in the same ways that the state handles traditional foster parents.

A typical complaint of relative caregivers is a lack of state support so this reform seemed to be, from the legislators’ perspectives, a slam dunk – getting these kinship families registered with the state would make it easier to pay them the appropriate stipends while also linking them up to necessary supports beyond the traditional financial assistance.

Very quickly, however, flaws with the system began to emerge. “I’m actively expecting my landlord to show up at any point in time and hand me a three-day notice and start the eviction process,” Mahoganie LaFranks, a Los Angeles kinship provider, said. “I love this kid, but I am completely petrified.” LaFranks had begun the RFA process in September of 2017, but had been caring for a teen since January. By the time December rolled around, the process was still not complete – meaning LaFranks was not receiving the $923 monthly stipend that resource families typically receive in California. With many new responsibilities regarding the teen but without the extra money, LaFranks found herself behind on rent and struggling to find a job that fits into her parenting schedule. Continue reading

Foster Care Negligence, Abuse and Death: Without Oversight, Children Suffer

Between 2005 and 2014, 86 children across the country died while in foster care under the supervision of The Mentor Network (Mentor) according to a story published by Buzzfeed that alleged massive foster care negligence. Although some children face medical issues that can make these unfortunate circumstances more likely, at least six healthy children, including two-year-old Alexandra Hill, murdered by her foster caregiver in 2013, are confirmed to have died while in a placement through Mentor. Though each state handles contracted agencies differently, Mentor, a for-profit company, operates at a national level and is responsible for an average of 3,800 children in foster homes across 15 states.

Mentor’s Involvement in Foster Care Negligence

In Hill’s case, after a failed first placement through Mentor where she seemed to suffer neglect, the little girl ended up in the custody of Sherill Small. Small, who’d already had five failed placements, had reported to Mentor that she was “feeling stressed out and will express that she is unable to care for the children in the home.”  The same report contains a warning from the Early Childhood Intervention program, which “expressed concern about Mrs. Small being very frazzled and not certain what is going on with the children” and that “children should not be in the home at that time.” 2-year-old Hill would arrive in Small’s home one month after this report was filed.

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The Road to Normalcy: Driver’s Licenses For Foster Youth

The inability to drive can prevent foster teens from participating in everyday activities that youth from the general public get to enjoy regularly.  Each year, more foster youth around the country reach driving age without a clear way to actually begin driving. “Simply by virtue of their state involvement, thousands of foster youth are deprived the right to a normal life,” writes Lexie Gruber for the Chronicle of Social Change.

Entering foster care as a teen, Gruber describes the difficulties she faced in trying to have a normal life: “My high school years did not include the quintessential milestones that so many of my peers got to experience. Extracurriculars allowed me to spend more time outside of the group homes and shelters, but finding a ride was difficult….” If she wanted to spend the night at a friend’s, the Connecticut Department of Children and Families required that everyone in the household pass a federal background check. “I feared that my friends and my parents would think I was a delinquent if I told them they needed a background check for dinner. Making friends was pointless without being able to sustain the bond outside of the classroom,” she writes.  This experience is not unique to Lexie Gruber.

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