Multiple System Failures Allowed Hart Children to Die

Hart family
Photo: Associated Press

On March 26, an SUV filled carrying a family plunged off a cliff. The car belonged to Jennifer and Sarah Hart. Their bodies, and those of three of their children, were found on the scene. Three children are still missing although another body found in the ocean may be one of the children. Initial coverage focused on the fact that the family consisted of two white mothers and six adopted black children. The family had had an earlier brush with fame when one of the boys was in a viral photograph hugging a police officer at a Ferguson protest.

As the days passed, disturbing details came to light. Days before the crash, Washington Child Protective Services (CPS) had opened an investigation of the family after a neighbor called the child abuse hotline. We eventually learned the family had a history of abuse reports. Then we learned that the crash appeared intentional, and probably triggered by the CPS report.

With each new discovery, we learned of another systemic failure to protect these vulnerable children. The Hart case brings together several common themes found in many cases of severe child maltreatment. Each of these themes highlights a different gap in the system that is supposed to protect our children.

Adoption: All six Hart children were adopted from foster care in Texas: three in 2006 and the next three in 2009. It is not that being adopted makes children more likely to be abused.  Indeed, one Dutch study indicated adopted children were less likely to be abused than children growing up in their biological families. However, anecdotal evidence suggests that adopted children are overrepresented among children who are severely abused or neglected, at least in homeschool settings. Many of these cases involve common elements, including locking children up in a room, withholding food, and isolating the child by homeschooling or other means, all of which were present in this case. One possible explanation for this pattern focuses on the traumatic backgrounds of many adoptive children, which may lead to behaviors that adoptive parents are not prepared to deal with. While they may start out with good intentions, they end up resorting to punitive and eventually abusive parenting to control the undesired behaviors.

Writer Stacey Patton has described a “white savior attitude” among some white parents who adopt black children from the U.S. or abroad. These parents “wear their transracial adoption as a status symbol.” These adoptive parents often post on social media about their extraordinary efforts to deal with their children’s emotional and intellectual challenges that they attribute to the deficiencies of their birth parents.” The Harts fit this pattern. According to the Oregonian, the Harts often said their children suffered a multitude of early childhood behavioral and developmental issues that made parenting a challenge.  Jennifer Hart also polished her image as an ideal mom who gave her underprivileged children a beautiful life. She frequently posted on Facebook portraying an idyllic family life full of trips, celebrations, community service, and events like the Ferguson rally in which Devonte sported a sign offering “Free Hugs.” When adoption is all about the parents, and the children become part of their public image, a bad outcome is not surprising.

There is reason for concern about the vetting process the Harts received when adopting the children. The Hart kids were among the 300 to 400 Texas children adopted each year by out of state foster parents, often because they are harder to place because they are in large sibling groups or have special needs. The Harts would have been vetted by a Minnesota agency, which would have submitted their home study to Texas for approval. After a child visit, the children would have probably moved in with the Harts for a six-month trial period. A Texas agency spokesman told the San Antonio Express-News that during the trial period for out-of-state adoptions, the out-of-state agency would be monitoring the family and reporting back to Texas. But in September 2008, probably during the trial period for the second adoption, Hannah Hart was asked about a bruise in her arm. She reported that her mother hit her with a belt. Police and social services interviewed the mothers, who denied the beating and said she had fallen down the stairs. Nevertheless, the second adoption went through. We need to know whether Texas was informed of this investigation.

Once the adoption was finalized, there was nobody monitoring the Hart children, even though Texas continued to pay for their care. The San Antonio Express-News reports that Jennifer Hart received nearly $1,900 per month in adoption subsidies from the State of Texas. The paper estimates that she collected a total of $270,000 from the state for caring for the six children during the time they lived with her. Unfortunately, children who receive adoption subsidies are not monitored to ensure that they are being properly cared for, are still in the home, or are even alive. Such monitoring has not been imposed even in the wake of cases in which adoptive parents like Renee Bowman and Edward and Linda Bryant have fraudulently collected adoption subsidies after killing–or allegedly killing–their children.

Home Schooling. On April 11, 2011, Sarah Hart made a plea agreement a week after pleading guilty to physical abuse of a six year old child. The next day, all six children were removed from school, never to attend again. The Harts joined a long line of abusive parents that removed their children from school after a brush with CPS. The notorious Turpin family, who gained worldwide attention this winter when one of their 13 malnourished children escaped confinement in their home, who also liked to dress their children in matching tee shirts. As the Coalition for Responsible Home Education points out, Pennsylvania is the only state that bars convicted child abusers from homeschooling, and then only if the conviction is in the past five years. No state has any mechanism to identify cases where parents remove a child from school after a child protective services case is closed, or after a series of child abuse allegations.

Failure to report: At a festival in Oregon, the Oregonian reports that one acquaintance observed the mothers become enraged after she brought Devonte and Sierra back to her parents from a day out, bearing food.  Sarah Hart grabbed Sierra’s arm, inflicting a bruise that lasted for days, and both mothers chastised her for “being selfish” and not sharing. Sierra told the woman that she often got in trouble for talking to people her mothers did not know. But the neighbor did not report the disturbing incident. The Hart family’s neighbors in Washington, Dana and Bruce DeKalb, told reporters that they had suspected that something was not right in the Hart household.  A few months after the Harts moved to Washington, the DeKalbs reported that Hannah Hart came to their door at 1:30 AM. She had jumped out of a second-story window and ran through bushes to their home, begging them to protect her from her abusive parents. The neighbors noted that she was missing her front teeth and appeared to be about seven years old, although she was twelve. The other children also appeared small and thin when the family came over the next morning.

The DeKalbs told the Washington Post that they considered calling CPS but “tried to overlook the incident.” In the next eight months, the DeKalbs saw Devonte doing chores but never saw the other children outside.  About a week before the crash,  Devonte began coming to the DeKalbs’ house requesting food and saying that his parents had been withholding food as punishment.  The visits escalated from daily to three times a day. It was only after a week of such visits that they finally called CPS, setting in motion the the escape attempt that ended in the fatal crash.The DeKalbs’ hesitation echoes that of the Turpins’ neighbors, who never reported the many red flags they saw.

Biased Investigative Process: As mentioned above, Oregon CPS was unable to substantiate a report from a family friend that the Harts were punishing the children by withholding food and emotionally abusing them. CPS interviewed the children but told the friend that it appeared they had been “coached” to lie, so there was no evidence to substantiate the allegation. The question is, why were the parents given enough warning that the children could be coached? This is only one example of how the system is biased toward parents’ rights over children’s safety.

Multiple systemic gaps allowed the abuse of the Hart children to continue until it culminated in the deaths of the entire family. A variety of policy changes are needed to address the gaps highlighted by this tragic case. I will discuss these in my next post.

 

 

 

 

Why The Child Welfare Establishment May Not Want to Know About Child Torture

Turpins toilet
Image: CNN

The Child Welfare League of America (CWLA), one of America’s most venerable child welfare organizations, issued its weekly update on January 21 with something conspicuously missing.  “Last Week in Child Welfare, January 14 -21” contained updates on Mississippi’s lack of representation for families involved with child welfare, a recent report from New Jersey’s court monitor, and an opinion piece in the Indiana star about Indiana’s struggles with opioid abuse and its impact on the foster care system.

You would never know that on January 14, a starving seventeen-year-old escaped from a house of horrors where she and her twelve siblings were being starved, beaten, chained to beds, and kept prisoner. The teenager told police that her parents would kill her if her escape plan failed. During the week after the children’s rescue, public and press around the country and indeed the world were fixated on this story, trying to understand why it could happen and what could be done to prevent similar occurrences in the future. But this event apparently did not figure in CWLA’s “week in child welfare.”

One might think that an organization with a self-described mission “to advance policies, best practices and collaborative strategies that result in better outcomes for children, youth and families that are vulnerable” would be concerned that 13 children were allowed to suffer for so many years. You’d think that they would be putting out information  about the warning signs of child abuse and neglect and an admonition to make the call that might save a life. But you’d be wrong.

CWLA is part of what I think of as the child welfare establishment–the group that dominates the national conversation around child welfare. These organizations’ resources have enabled them to dominate the national conversation around child welfare by funding materials, conferences, and technical assistance to state and local child welfare agencies.  Since the 1970s, this group has been preoccupied with keeping families together and children out of foster care–with scant concern about the costs to kids in families that are so dysfunctional and dangerous that foster care is clearly a better alternative

Like the other members of the child welfare establishment, CWLA believes that “children fare better in their own homes compared to children in foster care who have been similarly maltreated, suggesting that social services should promote therapy, education, and treatments to increase family stability instead of relying on removals. ”

Of course child removals should should be minimized unless absolutely necessary, but it is difficult to imagine that parents like the Turpins could be helped through “therapy, education, and treatment” to love and nurture their children. The child welfare establishment appears not to want to believe in the existence of such parents who are so bad as to be beyond rehabilitation.

The child welfare establishment also fears that publicizing cases like that of the Turpins will result in a flood of calls to child abuse hotlines, resulting in the type of “foster care panic” that sometime occurs after a tragic case. Perhaps they would rather not encourage members of the public to report suspicions of child abuse that might save children in the future, because they believe such reports must increase the foster care rolls.

Of course we don’t want the public making frivolous, malicious, or fallacious reports. Nor do we want investigators responding to tragic events by sweeping kids up into foster care who don’t need to be there. In some cases, we can help children by monitoring their situation and providing services to their parents without removing the children. But in other cases, the children can only be protected by removing them from their toxic families.

The desire to avoid publicizing extreme cases of abuse and neglect might also explain why the child welfare establishment was not part of the coalition that supported the establishment of the Commission the Eliminate Child Abuse and Neglect Fatalities. And it might explain why, as I wrote in an earlier post, child deaths and other tragedies that are missed by CPS are often followed by the comment from system administrators that “systems should not be judged by one case.”

During the week the Turpins were uncovered, CWLA thought it was more important to cite an op-ed piece that criticized Indiana’s highly respected former child welfare commissioner, who resigned with warnings that children would die if more funding was not provided. CWLA assured readers that “Even infants who have been exposed to narcotics fare better when they are kept with their mothers, assuming the mother has access to government resources and drug treatments.”

Unfortunately, the child welfare establishment’s obsession with keeping kids out of foster care may be condemning more children to suffering, physical and emotional injury, and death at the hands of their own parents.

This post was updated on January 29, 2017.

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Breaking the Silence: How to Encourage Family and Neighbors to Report Child Abuse

Report child Abuse
Image from: Michigan-Family-Law Litigation.com

Yesterday I published a post arguing for monitoring of home schools to prevent cases like the horrific story of the Turpins in California. But we really can’t be sure if regulation of home schools would have prevented the horrific abuse of these children. Even if David Turpin had not registered his home as a school, he would not have been caught unless somebody reported his children as truant. Given the silence of their neighbors and family about the disturbing signs of maltreatment, they might have been equally silent about the children’s apparent failure to attend school.

The silence of neighbors and family despite multiple signs that something was terribly wrong in this family was striking. There were numerous red flags. One neighbor reported trying to speak to some of the children when they were outside of the house. She reported that they “froze,” “shut down,” and were “terrified.” They also appeared thin and malnourished. And yet the neighbor did not notify authorities.

Multiple neighbors told reporters that the family was only rarely seen working in the yard or getting into vans at odd hours and always responded to greetings with silence. as a representative of the Riverside County Department of Social Services told USA Today, “Not one person called us. How sad,” she said. Sad indeed.

Before they moved to California, the Turpins’ household also raised questions among their neighbors in rural Rio Vista Texas, according to the Los Angeles Times. One neighbor, Ricky Vinyard, was concerned that the children rarely left their home,  lights were on at all hours with blinds drawn, and eight new children’s  bikes sat outside for months. A dumpster outside the house was filled with trash and David Turpin “would stand in the driveway shooting cans with his pistol, aiming toward the road.” Mr. Vinyard told the Times that he and his wife suspected abuse but decided not to report it, fearing repercussions, especially since Turpin had a gun.

Elizabeth Flores, Louise Turpin’s sister, tearfully told Good Morning America that all attempts by family members to see the children were rebuffed. When Flores came to her sister’s home in Texas, she was not allowed inside and visited with her sister in the driveway. The children never appeared. When her mother drove hours to visit in Texas, she was denied entry, and when her father bought a flight ticket, he was told not to come. The family must have discussed this strange behavior among themselves, but they never reported it to authorities.

The silence of neighbors and family seems to defy belief, yet similar silence has been noticed in other cases of long-term abuse. Is it part of American culture to believe that one’s home is one’s castle and neighbors should not interfere? What can be done to change this reluctance to intervene? This is not an easy issue so I would love to hear readers’ suggestions on how to get members of the public to report suspected abuse or neglect.

At a minimum, it seems clear that states should do a better job of informing the public of the signs of child abuse and neglect and the responsibility to report even a suspicion of maltreatment to avoid a tragedy. Brochures with this information should be available at libraries, pediatricians’ offices, health centers, departments of motor vehicles and police stations. This information should be given out along with drivers’ licenses and voter registrations and included with tax forms. Television and radio PSA’s (along the lines of “If you see something, say something”), bus ads, and other vehicles should be used to disseminate the information. Online training should be available to all citizens.
Beyond public information, the question is whether states should require reporting of suspected abuse or neglect with penalties for those who fail to report. All states require certain professionals, such as doctors and teachers, to report their suspicions.  But most states (including California) don’t require ordinary citizens  to report when they fear a child is being harmed.

However, Texas is one of about eighteen states that require any person who suspects abuse or neglect to report it. The identity of the reporter is confidential and cannot be released except under very limited circumstances. Failure to report suspected child abuse or neglect is a misdemeanor, punishable by imprisonment of up to one year and/or a fine of up to $4,000. And that law has been in existence in Texas at least 20 years. Nevertheless, Mr. Vinyard and his wife chose not to report.

This leaves several questions. Did the Vinyards know that they were required by law to report their suspicions of abuse? Did they know that failure to report was punishable by a fine or imprisonment? While penalties have been imposed on mandatory reporters who failed to report abuse that they saw in their professional capacity, I have not been able to find documentation of such a penalty being enforced upon a member of the general public. Such enforcement might be considered too heavy-handed by most citizens and legislators. However, one way or another it is critical that citizens report to the authorities  when there are signs that things are desperately wrong as they were in in the Turpin case.

The Turpin children have been rescued. But they are physically and mentally stunted, most of them probably for life. We don’t know how many children are currently chained to their beds, locked in rooms. and starved by the people who are supposed to care for them. Monitoring all children who are ostensibly home-schooled and campaigns to encourage citizens to support their suspicions of maltreatment seem like the best ways to save these children and prevent more horror stories.

 

 

Turpin Case Shows Risks of Not Monitoring Home Schools

TurpinsIt seems that the whole country is talking about the Turpin family. Thirteen children and young adults were found imprisoned and emaciated in their home in Riverside County and California on January 14 after a seventeen-year-old escaped and called the police.

Reporters and politicians soon focused on one salient aspect of this family. The children were being ostensibly homeschooled under a provision of California law that allows parents to designate their homes as a private school by simply filing an affidavit. These “schools” are not monitored or inspected aside from an annual fire inspection.

I have already written about Natalie Finn. starved to death by her adoptive parents Adrian Jones, tortured to death by his mother and stepfather, and a little girl in Kentucky who was rescued at the last minute from a similar fate. All were ostensibly home-schooled, although little schooling was going on in these toxic homes.

Homeschooling is increasing in popularity in the United States. About 3.3 percent of the school-aged population was homeschooled in America in 2016. This is nearly double the percentage tin 1999. Clearly most of their parents are not abusive and want to provide the best education for their children, often at great personal sacrifice.

But available evidence suggests that the most severe cases of abuse and neglect, often fatal, tend to involve homeschooling.  A study by Barbara Knox of the University of Wisconsin found that 47% of a sample of children tortured by their parents had been withdrawn from school and an additional 29% had never been enrolled.

.The Coalition for Responsible Home Education (CRHE) has collected nearly 400 cases of severe or fatal child abuse in homeschool settings that it identified from public records that mentioned home schooling as a factor. Even based on this incomplete database, CRHE estimates that homeschooled children are more likely to die of abuse or neglect than children of the same age overall.

Many of  the severe and fatal homeschooling abuse cases that CRHE has collected share ugly details with the Turpin case. More than 40% of these cases involved some form of imprisonment. These children were chained to their beds, kept in cages, or locked in rooms for years. More than 45% of these cases involve food deprivation.

The linkage between home schooling and severe child abuse is not totally surprising. As Rachel Coleman and Kathryn Brightbill of CRHE point out in an op-ed piece for the Los Angeles Times, children who are in school cannot be isolated and locked away. They cannot easily be starved to death as school staff would notice and they would have access to food. And they are required to have an annual physical exam.

Of course children who attend school are abused and neglected too. But attending school exposes them to teachers and other staff. School staff submit more child abuse reports than any other group. Education personnel submitted 18.4% of the child maltreatment reports that received an investigation or alternative response in 2015, the most recent year for which the information is available

In order to prevent more cases like the Turpins, CRHE recommends requiring that homeschooled children receive annual education assessments and physical examinations. This would provide two opportunities for each child to be seen by a mandatory reporter.

State Assemblyman Jose Martinez, who represents the town where the Turpins live, has already expressed his concern about the lack of oversight of private and home schools and his intent to explore introducing legislation to mandate some type of oversight.

But homeschooling advocates are opposed to any regulations on homeschooling. The President of the powerful Home School Legal Defense Association (HSLDA) asked a reporter for Reuters, “Should all the innocent home-school families, who do a great job, … be intruded upon because of this family?” he said. “I think the answer is no.”

HSLDA is one of Washington’s most effective lobbying groups, according to the Washington Post Magazine. State groups have also been able to scuttle attempts to regulate homeschooling in response to child abuse deaths in Florida,  Iowa and Kentucky.

It is hard to understand why responsible homeschooling parents and their advocates would object to such minor requirements as requiring an annual doctor’s visit and educational assessment. State legislators should set aside their fears of backlash from extremist advocates and assume that most voters will support protecting children.