New Article: Melody McCombs, The Willful Neglect of the American Child Welfare and Family Court System, (2022). Abstract below:
In 2015 a poor, minority mother of six young children was accused of neglect and reported to the Department of Children and Family Services. Her two youngest children, born within fourteen months of each other, were both delivered prematurely and, at the time of the complaint, suffered from significant health issues. Despite no reported concerns from the medical professionals working closely with the mother, the trial court issued an instant order placing all six children in the State’s custody after declaring them ‘in need of care’. The trial court’s decision in this case is not unique to this family, it is the norm for poor minority families in the United States.
This article examines the historical development of child welfare programs, legislation, and practice within the United States family court. Additionally, academic exploration will connect the explicit link between poverty and child maltreatment and what, if anything, the United States legal system does to address what is often considered a significant root cause of child maltreatment.
Analysis will utilize Louisiana in rel K.M., a case which was handled in Louisiana, one of the poorest states in the United States. Louisiana in rel K.M. provides important context for how poor minority families are taken through a biased and ineffective court process which attempts to “remedy” allegations of child maltreatment. The analysis confirms that in many cases, the court system fails to protect children, families, and remove systemic bias and racism against poor, minority families; and suggests possible resolutions to the failures exposed in our family court system.
Poverty Law 