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News & Analysis | REG•WATCH Blog | Press Room
Wednesday, February 01, 2006
Federalism Has a Human Face
The HHS Inspector General recently reported that many states don't know if abused and neglected children in foster care are being seen by caseworkers. Now, another story about the failure of federally funded child welfare services:
Another child's death rattles NY agency
NEW YORK (AP) -- The latest child to die in a series of abuse cases that has rattled the city's child welfare agency was slammed into walls and beaten by his mother's boyfriend while she did nothing to stop him, police said.
Investigators believe 4-year-old Quachaun Brown died Sunday following a beating by Jose Calderon, who later claimed he was angry because he thought the child caused a television to fall over, police said.
. . . .
In November, Administration for Children's Services caseworkers had visited the apartment and reported it "to be in order," agency head John Mattingly said.
The agency underwent a shake-up after the January 11 death of 7-year-old Nixzmary Brown, who was allegedly tortured, abused and beaten by her stepfather.
Reports of her suffering had been made to several agencies, including schools, police and child welfare. Her death followed recent homicides of three other children known to the agency.
[Via CNN.com - U.S.]
It is a sad reminder that child abuse and neglect is a national problem that cries out for national solutions. The federal government has an important role to play in protecting abused children, by using its power under the Spending Clause to require states taking federal tax dollars to observe basic standards of care.
It is also an important reminder of the value of civil rights. Federal agencies operating Spending Clause programs have essentially one major option to enforce federal standards: cutting off the federal funds. Those funds, however, are the lifeblood of the programs; cutting the funds, even to systems that aren't doing the best jobs, would ultimately punish the abused children who depend on the systems for crucial support. Abused and neglected children in foster care who are being further abused and neglected by the states' foster care systems therefore need to be able to turn to the federal courts for injunctive relief, which supplements what agencies can do by bringing into play the remedial powers of the courts.
The rights of these children to turn to the courts are endangered by two bills that would attack the consent decrees that create the remedies these children, and other vulnerable populations, so desperately need.
Posted by Robert Shull
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