The Missouri Childrens Division (CD) is in a crisis. CD employs an insufficient number of case managers to handle abuse and neglect cases involving the children and the families of our community. Those who continue to work for CD are overworked and underpaid.
How does this crisis affect the administration of justice?
A person making a hotline call reporting that a child is being abused or neglected is now directed to call 911, then is told to call the hotline number again. They then face a long wait or sometimes voicemail. This protocol does not match the urgency of these calls which are made either by mandated reporters (childcare workers, therapists, doctors, etc.), neighbors, or relatives of a child they believe is in danger.
Recently we were representing a woman in the juvenile division of the Family Court of St. Louis County. Shortly before our Webex hearing was to begin, I received a call from the guardian ad litem, alerting me that there had been a newspaper reporter in the courtroom all day.
To some that call would have filled them with anxiety. For me, I knew it was an opportunity. As the saying goes, "If you see something, say something."
The hearing concerned children who were in need of care. The CD case manager appeared but had not e-filed her report, so the judge did not have a copy to review. The attorney for the worker did not have a copy of the report to share. The CD had not provided the services that the children needed: adequate visitation with parents, therapy, and mental health evaluations. The judge continued the hearing for a short time to remedy these insufficiencies and to hold the CD accountable for their statutory mandates.
So, I asked the judge to allow me to make some comments for the record. He was kind enough to allow me to speak.
The next day, I was quoted in the St. Louis Post-Dispatch saying that the children of our state were not receiving the mental health services they needed and deserved. I also opined that we were not doing the best we could for these children. Finally, I urged Missouri Gov. Mike Parson to call a special session of the legislature to deal with this crisis.
Sadly, he has not.
What does this mean for our community?
A child whose needs, especially mental health needs, are not met is likely to have problems in school that affect other children, their teachers, and the chances for the adequate delivery of education. This same child may abuse other children and cause them long-term effects that hamper their abilities to form and maintain relationships. This child may break laws resulting in harm to victims, and putting the child in the pipeline to prison.
I am not making this more dramatic than it is. I presided over many juvenile cases in my tenure as a judge and saw the consequences of CD's failure to protect children who are under the court's jurisdiction and in their custody and control.
I can truly say this: It is not the fault of any individual CD case manager. Most of these state employees are underpaid, undertrained, and carry overwhelming caseloads. They often lack adequate supervision, and they are not supported by the CD administration.
We apparently lack the will to keep our children safe and protected.
Our state continually fails to allocate sufficient funds to meet our responsibility to care for our children. It has turned its back on our most vulnerable population: a population that is not old enough to vote out those who fail them; a population that will eventually grow older and be unprepared to be productive adults.
Is it any surprise that this cycle of abuse and neglect continues?
What can we do to remedy this shameful situation?
We need to consider changes in our laws so we can hold CD accountable. We can volunteer to be Court Appointed Special Advocates. We can donate to Legal Services of Eastern Missouri. We can look at candidates' positions on child welfare and consider how any tax cut may affect children's rights to health care and education.
This is not just a legal matter. It is a matter of community urgency.
Come and sit in at a juvenile hearing. You will see many fine lawyers and judges. You will see well-meaning case managers. You will also see frustrated family members and disappointed children.
I urge us all as members of the Bar and citizens of this state to band together to make a difference. The need is great. Is our will?
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