As an attorney who works in child abuse, I
have tried to keep my mouth closed about the polygamist sect raid.
Considering I am intimately involved in taking people's children away,
I felt my opinion was a little hypocritical. But after reading this article in the Washington Post, I knew I had to speak. (Or blog ).
I feel very strongly about child abuse. I feel very strongly about
taking children away from abusive situations. But, you cannot remove
children for "a way of life." We used to do that, we stopped.
50
years ago, we removed children out of impoverished situations and
placed them with wealthier families. We removed so many Indian
children because we felt white homes were better an entire law was written that says we can't do that anymore.
How is this different? I understand that there are allegations of
sexual abuse of teenage girls. Forcing a teenage girl to marry and
have sex is sexual abuse, that is not a question. And the jurisdiction
I practice in has case law that if one child is abused or at risk for
abuse, you may remove all children from a family. So removing all the
children actually makes sense, if there is evidence of harm or risk of
harm.
But the article in the Post stated that the state will argue "the culture of the church" is harmful to children. Oy Vey.
I know polygamy is illegal. But children aren't always removed
because of illegal activity. I routinely see cases where children are
left in the home where domestic violence, or drug abuse, are present.
Without ACTUAL abuse or neglect to children, it is hard to remove them.
And it should be hard to remove children from their parents. Isn't
that one of our biggest fears as parents? That the state is going to
swoop in and say we are parenting wrong and take away our children?
And since when can the state take children away because they don't
agree with the "culture?" What's next? Taking children away from
homosexual parents, or a women who chooses not to nurse, or a single
mother?
I think Texas needs to slow down and take a step back. Maybe
removing all the teenage girls is the answer. Maybe trying to find
actual abuse or neglect is the answer. But I don't think removing
children because you don't agree with a lifestyle is the answer. That
sets a precedent I am unwilling to live with. Even as someone who
works in child abuse.
