The State of Arizona has been publicly embarrassed by the revelations of rampant child abuse and the inadequacies of a Welfare system that is incapable of protecting the least able to protect themselves, our children.

But let us not heap all blame on CPS and so many dedicated case workers. Most to blame are the attorneys who supposedly represent each child. Many of them spend but a few minutes, if any, with their clients. Worst of all are the Judges who order reunification of the abused with the abuser against all reason using the excuse that their actions are legally correct, maybe not the best solution, but the legally correct one.

Arizona legislators share an equal blame when they cut the budgets of Welfare Departments yet expect them to continue with ever growing case loads. Has anyone heard of them giving up their perks, cushy offices, and well paid staffs?

So, why is this Californian writing to an Arizona newspaper? California has the same problems. Ohio has the same problems, as does New Jersey, Florida, Nebraska, and every other State in this Great Union. And we all have this same problem because of one Federal law, in conjunction with others, the tail, so to speak, wagging the dog.

It is this Federal law that funds all States’ welfare programs and sets the guidelines for reunification, confidentiality, and a Judge’s freedom from accountability for decisions made from the Bench. Strike the head of this snake off and the problems now facing us in the arena of child abuse and neglect can be better dealt with. And how will that be done?

Change Parental Rights (not legally mandated but created by judicial decisions) to Parental Responsibilities. No person should be considered to have a right or rights over another human being. Rather laws should be passed that birth or adoptive parents have the responsibility to assure that a child under their care and custody must be treated with dignity, respect, and cared for in a reasonable manner.

Each State must pass identical laws against child abuse and neglect and define what constitutes these offenses. Each state should have identical sentencing laws so that, for instance, the murder of a child is no less a crime than the murder of an adult


Reporting procedures must be changed so that CPS must refer all calls relating to child abuse or neglect to the Police or appropriate law enforcement agency and arrange to meet with that Officer at the call site. Child abuse and neglect are crimes but CPS is not an arm of law enforcement and should not be expected to deal with these violations in a manner not consistent with their training and legal authority.

Change laws so that if a law enforcement officer determines that a child has been injured or neglected someone goes to jail now, either for abuse or neglect. Once a child is removed from a home the child is not to be returned until such time as the offender-arrestee has completed Court ordered counseling and parenting classes. This will be determined if there is a finding that there is reasonable cause to believe that a crime has been committed. Failure to complete the classes or counseling will be a violation of that Court’s order and subject to the issuance of an arrest warrant and probable termination of custody of the child.

Since Federal law supercedes States’ laws if the State is feeding at the “Federal trough” the Federal law guaranteeing confidentiality and reunification must be eliminated and recreated with newer more sensible wording. It is, for instance, beyond all belief that someone that has been convicted of murder, assault with a deadly weapon with injury, or manslaughter of a child can be permitted to be reunified with another child. Yet it is under that section that Judges feel that they can reunify a child with its abuser. And as ridiculous as that is another section guarantees confidentiality in such hearings and provides penalties for those who violate this section.

This same Federal law mandates that all States must pass a law stating that reunification is not mandatory, however, it goes on to say that the determination to reunify will be on a case by case basis and at the discretion of the State (Judge). This is the legal gobbledygook that Judge love because it gives them discretion to rule as they see fit. And to Judges Discretion is the power to rule according to their own mind set.

How easy is it to eliminate or rewrite a law? Well, if this was the local level, quite simple, but since we are dealing with a federal law, it is very difficult. But this law must be eliminated before any progress can be made in eradicating child abuse and neglect. Yes, I said eradicate, because it can be done in 30- to 40 years. How?

Every State must agree to work with the three current generations, the children, the parents, the grandparents, and, of course, our legislators. Our legislators must pass laws mandating that schools must create and teach curriculums on marriage and child rearing beginning in elementary school where children will learn about abuse and neglect. Secondly, laws must be strengthened in the area of child abuse and neglect that punish the abusers and also educates them on creating a good foundation for a relationship and family. Third, the Grandparents must also be educated to be the eyes and ears that help to fine tune families. But the key is the children. They are our future; they will someday be our Nation and our Leaders. The abused, it has been proven, will be future abusers; they know little else. If they are shown the love and compassion, and caring that is their right then others can expect no less from them.

Jane LeMOND & Leo Alvarez