Even Responsible Parents Can Lose A Child: How New York City Social Services Work

The Social Service for the Protection of Children's Rights in the United States raises the most questions and rumors. Russian-speaking employee of the service told the publication "In a new light"how does it work.

“We are social workers who carry out a full assessment of the safety of a child's life upon contacting the Administration for the Protection of Children's Rights (ACS), as well as provide social support to families if necessary. To work with us, you need to have a bachelor's degree in sociology, psychology, criminology, education, anthropology or similar disciplines. City services in New York are trying to recruit people who speak several languages, so even if the candidate received a similar education at home, the confirmation of the diploma makes it possible to admit to the exam. Based on the results of this exam, a selection is made for the position of a specialist in the protection of children's rights, ”said Diana Gorshenina, a Russian-speaking social worker from New York.

Each state in the United States has its own social programs to protect children from abuse. In addition, school and health care staff are required to report possible abuse if they see signs of abuse.

“New York has one of the toughest child rights laws,” says Gorshenina.

The employee of the service notes that everyone can call, and then she is obliged to check this family. But very often the service is reported because of everyday trifles that do not belong to the service for the protection of children's rights.

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“In New York alone, we receive up to 50 calls every year about possible cases of child abuse. As I said, the identity of the complainant is kept secret, but sending a deliberately false complaint to the social services is considered a crime and is punishable by law, ”says Diana.

She told what happens after the service receives a complaint.

“Even if I, an experienced worker already, see that the complaint is completely invented, we are still obliged to open a case. Within 60 days, a check is carried out, during this time the social worker visits the school, the pediatrician, asks if there is a criminal file on this family in the police, explains Diana. - If necessary, a medical and psychological examination of the child is carried out, possibly, his placement in a hospital. At the same time, we do not have the right to access medical documents without parental permission, so we ask them to sign a special form. After all the checks, a decision is made whether the complaint was justified. The social worker is obliged to notify you of the results of the check. If you disagree with the decision of the social services, you can appeal it. "

If the complaint turns out to be false, and the case is closed, the data that this family was checked by the service for the protection of children's rights is still recorded.

“We are obliged to record all data, even if the case is closed. By law, the case can be reopened until the child reaches the age of eighteen. If there is another complaint, then we get all the old records, - says Gorshenina. - And if the complaint is confirmed, then the records should be kept for another ten years after the youngest child in the family reaches the age of eighteen - that is, until he turns 28, even if the complaint was only about older children. If the complaint is found justified, then you may be ordered by the court to take a course at a school for parents, consult a psychologist, or send you to be treated for drug addiction. "

But, according to the employee, if the case was closed and there was no evidence of ill-treatment, then despite the existence of a record of the verification, this will not affect the life of the parents in any way.

“As a rule, our records are requested only in those cases if a person is looking for work in a field related to children (education, foster family, nanny). If the complaint was found unfounded, then the case is closed, and no one will give its materials to the employer without a court decision, ”Diana explained.

The employee considered the following story: a teenage girl wanted to "take revenge" and told her stepfather about sexual harassment. The stepfather was imprisoned for a short time, then they sorted it out, but, as they say, the sediment remained. If a child came up with a story and complained about his parents to social services, what kind of lies would he be?

“Social service workers never scold or blame children, even if their statements were false. In cases where there is a suspicion of sexual abuse, the child is brought to a support center and a team of police officers, social workers and psychologists works with him. Based on the interviews of the child, parents, teachers and doctors, decisions are made on the validity of the accusations, says Diana. “We proceed from the position that if a child“ slanders ”, then there are problems in the family that parents, for various reasons, do not notice."

She shared her own experience when a child deliberately hid the truth.

“I had a case when a 17-year-old girl, being in the hospital, called a social worker and told about a fight between drunk parents. It turned out that this is a reaction to a change in the medication that she was prescribed for increased anxiety and stress. She panicked and wanted to stay in the hospital longer, says Diana. - In another case, a child made a false complaint because the parents were divorcing, and thus he attracted attention to himself. So there is always an explanation for this behavior, although for parents it is, of course, extremely unpleasant moments. "

She notes that it is very important to build trusting relationships with children and tell what lies can lead to.

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“We need to explain to the child that false accusations will cause verification by the service that protects and protects children, And instead of helping children who are really in trouble, they will have to check mom and dad, their work, you, your school, come to your home ... I think the kid will understand, ”Gorshenina notes.

She, among other things, told how to behave for parents, to whom the check came.

“A social worker has no right to come to your house without your permission. Of course, if you have nothing to be afraid of, then it is better to let it go so that there are no unnecessary suspicions. If you are not allowed, then the social worker goes to court and takes permission to enter the apartment. Considering that we are talking about children, such a permit is issued as soon as possible, up to two days maximum. If you know you haven't done anything wrong, stay calm, Diana advises. - The employee of the social service is obliged to familiarize you with the official letter about the presence of a complaint and the reason for the check. "

There is also an opinion that children are taken away in the United States for no good reason. For example, the mother went to the store, left the child alone, and they would already take him away. Diana told how everything really happens.

“If there is a signal that the children are at home alone, then we sit with the children and wait for an adult to come. Of course, we will conduct an explanatory conversation. Contrary to popular belief, most states do not have a legal age when children can be left alone at home. There is a "reasonable" age, let's say. For example, is it safe to leave a baby alone at home? Of course not, unlike a 10-12-year-old child who, if something happens, can call 911 himself. Of course, a lot depends on specific facts. For example, in my practice there was a case when a mother left one autistic child at home. For a long time. Can you imagine what a shock the child had? In such cases, we are of course obliged to call the police, ”she explained.

Only a few states have laws that determine the age at which a child can be left alone at home. For example, in Maryland it is 8 years, in Illinois - 14. However, there are guidelines developed by the Department of Health and child protection agencies. They take into account the age and maturity of the child, the general safety of the surrounding areas, the circumstances and measures taken to ensure the safety of the child. In addition, there are general guidelines:

• Under the age of seven, a child should not be left alone at home, in a car, on the street.
• From 8 to 10 years, it is not recommended to leave one for more than one and a half hours, and only in the daytime.
• A child from 11 to 12 years old can be left for up to three hours, but not late at night.
• From 13 to 15 years can be left, but not at night.
• From 16 to 17 years, you can leave at night too, but no more than for two nights in a row.
• She also said that very rarely you have to really take a child out of the family.

“Whenever possible, we make every effort to save the family, we have been working with this family for a long time. In situations where the child is in imminent danger, a request will be sent to the Family Court to remove the child from the family. Sometimes we can urgently pick up the child, even without contacting the judge - in cases where the social worker believes that the harm or risk to the child is of direct nature, - says Gorshenina. - The day after the emergency seizure, the social worker must file a petition with the Family Court, and you have the right to apply to the judge for the immediate return of the child. If, as a result of the court hearing, it is determined that the child is not allowed to live with the parents, then we must establish whether there are other family members or close friends who could temporarily take over the child's care. After checking the biographical data and assessing the living conditions, the child can be transferred to them. If there are no such people, or if the persons you named do not meet the safety criteria, the child can be placed in foster care, but, as a rule, this happens very rarely. "

Parents who are interested in the service should understand that in the event of a real threat to the child, their case will go to the police.

“If it was recorded that the parents beat the child or there was sexual violence against him, then this data goes to the police. And even if for some reason a criminal case is not opened, all the information will still be stored in your file in all police bases, ”Diana said.

She also said that if the case was not very serious and the family was simply checked, then when moving to another state, no one would know about it until the family fell under the gun of the service already there. And, according to Diana, many parents take advantage of this loophole.

But there are times when parents themselves deliberately give up their children.

“There are times when parents themselves call us and ask us to pick up the“ difficult teenagers ”. In my practice, there was a story when the mother of a 16-year-old girl did not want her to live with them and “badly influence” her younger half-brother. The girl was taken first to the hospital, and then transferred to a foster family. At the same time, if a child is taken away, then the parents are not immediately deprived of their parental rights, '' says a service employee. - By law, you have 16 months to come to your senses and establish a good relationship with your child. If during this time you do not change your decision, then the rights to the child will, of course, be taken away from you. He must be in a foster family for 15 to 22 months by the time the court begins to consider this issue. Contrary to popular belief, it is not at all profitable for the state to take your children away. "

Russian-speaking parents, according to Diana, have their own peculiarities of upbringing, because of which they are most often complained about and this is not an ordinary slap on the priest, which, for some reason, is adopted in post-Soviet countries as a measure of upbringing.

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“Physical punishment is not the most common reason for contacting social services in our Russian-speaking community. Often, “our” parents allow situations when a child misses school without a good reason, ”says Diana. - Therefore, each parent needs to familiarize himself with the rules of the school where your child goes. In most schools in different states, a child cannot miss more than 10% of the days of the school year to move to the next grade, and these absences must have a valid reason (a certificate from the attending physician, for example); the cruise, as you can imagine, is not such a reason. "

“Another common situation that leads to complaints is parental failure to follow medical instructions. For example, if the pediatrician prescribed medication, and the parents decided to self-medicate. If you do not agree with the diagnosis or treatment plan for your child by a specialist, then you do not need to cancel it yourself. You can turn to another specialist, but do not replace antibiotics yourself with tea with honey, - says the employee of the service. - If something happens to your child due to the lack of treatment, then you will have to answer according to the law. It's the same with vaccinations. You must have a good reason (such as a religious one) for your child not to be vaccinated. Otherwise, this is all considered as "inappropriate care", and the school employee, checking the medical record of your child, is obliged to report to the social services. "

Once there was such a story: a nanny beat an infant (an X-ray showed the presence of fractures). The child was taken away from his parents right in the hospital, although they brought him there. The trial went on for a month and a half, during which time the child was given to the grandmother.

“In this case, the parents, obviously, were not aware of the beatings by the nanny, but the investigation was opened correctly. A nanny is a legally responsible person. That is, the parents entrusted her with the child, and she is responsible for him, while the parents are responsible for her actions. Depending on the injuries, nannies may be charged in family or criminal court. But, again, it is the parents who are responsible for the choice of the nanny, - explains Gorshenina. - If the injuries are caused by a gardener or a nanny who is licensed to work in the state, then the Department of Health and Human Services is investigating the case. Many parents, however, want to save money and hire illegal immigrants, do not ask for a license and do not check the details of the nanny, that is, they trust the child's stranger at their own peril and risk. "

In New York, all information about immigration status is not disclosed, so if the parents are illegal, and the child has American citizenship, then no one will take the child away from them and deport them.

“Employees of all city services must maintain the confidentiality of all data of our clients. We may ask you about immigration status only to check if you are eligible for family or child services. Don't forget that the country has so-called “cities of refuge” (as well as “states of refuge” California, Colorado, Illinois, New Mexico, Oregon, Vermont); in other places they are obliged to report their illegal status to the immigration services, ”explains Diana.

The employee of the service noted that even if you do not know English, you can ask for a free translator to understand what you need.

“If it is more convenient for you to communicate with a social worker not in English, but in any other language, CPS will provide you with a free translator. You can also request that documents containing important information about your case be provided to you in the language you speak best. If the documents are not translated into your language, at the request of the CPS, the interpreter will explain their content to you, ”explains Diana. - People with a hearing loss or hearing impairment can use the services of a sign language interpreter. Much depends on the city; for example, in New York there is a large Russian-speaking community and there are Russian-speaking employees. At the same time, there is a very high turnover in social services. For example, each of us has 15 or more things to do at the same time, that is, 15 or more families have to do things every day, often living in different parts of the city. We have an unpredictable work schedule, there is practically no time for our own family. Again, you never know which house you are coming to and whether you are in danger yourself, that is, this is a constant work "on the negative", and work around the clock, seven days a week. Therefore, many leave, and you should not count on the fact that you will certainly be provided with a Russian-speaking employee. "

Where to call if you have witnessed child abuse:

• New York - (800) 342-37-20
• New Jersey - (877) 652-28-73
• Connecticut - (800) 842-22-88