Re: Andrew M. Wolf’s commentary dated November 24, 2002 Change in system is up to the Legislature, not the courts. 2003 – TIME TO MAKE MEANINGFUL CHANGES FOR CHILDREN WITH MORE COMMON SENSE My commentaries and letters to the Star Newspaper over the past decade have had only one purpose. As a Child Advocate working to change Federal Laws and as a former Crime Analyst, that purpose was simply to raise the awareness level of current child abuse issues and to expose the reality of the horrors of child abuse within Ventura County and in our nation. I have done so by profiling a small number of cases in Ventura County. In researching hundreds of cases from first police responses through to a judge’s order to reunify the child with his abuser, I have found an alarming number of these returned children are further abused. Even though we are in the midst of a pending war, it is important that we keep in mind that in these children’s worlds, violence comes not from the hands of politically motivated extremists, but from their parents or caregivers. Suffering comes not from weapons of mass destruction, but fists, belts, boiling water, closed closets, cruel words. Attacks are not a rare occurrence, but a daily reality. Young spirits are being crushed at the hands of heartless adults with no high-profile media coverage to spark a country to awareness and action. It is a difficult, and unpopular subject, that needs addressing. Fact is, statistics show that every day scores of children are terrorized by abusive parents. In cold, hard terms that means that every day a small hand is held over a flame, an infant is dipped in scalding water, a child is forced to swallow household cleansers, an empty stomach grumbles while parents eat, a terrified toddler trembles in a dark, locked closet, a tiny arm is broken, a life comes to a premature end. Reading these stories is difficult to look at, but it can’t compare to the scenes that flash in front of the small eyes of an abused child. For them, the abuse goes on for a lifetime, however short that may be. And is it just occurring locally? No. On the contrary. It is of epidemic proportions throughout these United States and, worse, throughout the world. The San Francisco Chronicle (www.sfgate.com/cgi-bin/article) on 12-28-2002 published the report of an 8-month-old child in foster care who died at the hands of his father during an unsupervised visit, despite previous reported incidents of child abuse by the father. This article quoted Stuart Oppenheim, Director of San Mateo County Child and Family Services as saying that A...the child=s death was not predictable and not something that would cause them to turn their system upside down.@ One of the foster parents in this case asked Child and Family Services not to permit unsupervised visits. Mr. Oppenheim is further quoted as saying that Aparents= rights to have their child at their home is Aas close to a constitutional right as we have that isn=t in the Constitution,@A. In other words, it is not constitutionally guaranteed but it should be? Where is the common sense in this? Are we next going to give arsonists matches and gasoline, or each child molester a child simply because it’s close to a constitutional right? Not only do newspapers continue to print these horrific stories of children being abused or killed but readers also continue to complain about Child Protective Services Department, the Courts, the Judges, the Police Departments, etc. I am guilty myself of this misguided anger. I also know that if we do not do something to change the system, then we are simply part of the problem. We are not helpless in correcting these situations. The majority of citizens are not aware of how many children are abused each year. How many cases of child abuse do you see in the newspaper on an average? Maybe 3 or 4 per month and only because it is so horrific that it is newsworthy. Certainly not the 12,000-15,000 cases reported each year in Ventura County alone. Most citizens don’t know what happens to abused children when they enter “the system” because all cases are heard behind closed doors. If we don’t know about them, how can the public help to change the laws and eradicate this epidemic? During my research I learned from citizens that they are extremely intimidated by the courts, the police and the Child Protective Services. Why? Because they simply do not know they can challenge the system by calling local, state and federal representatives to address their concerns and questions, or work at changing laws. They DO have a voice and an opportunity to make changes within this county and country. I have always believed that while we are on this earth, we should strive to make society a better place. Better than when we arrived here. Each and every citizen not only has that opportunity to make those changes, but should have a sense of obligation to do so. I continue to strongly believe that professionals in the business of protecting children should do just that. Protect the child from further abuse. They are following the letter of the law but are in reality are failing to protect the child from further abuse. Why is this so important? Because they are the last defense the child has against further abuse. In other words, it is up to these professionals to boldly say no to reunification and to take a moral stand when a caregiver injures that child to the extent that Mario was when his mother left him in a coma and on life support. As Mr. Wolf, court appointed attorney for the children, stated in his commentary, “Legal changes are up to the Legislatures.” Yes, Mr. Wolf, you are correct. But, what is your moral responsibility to these children? This is the time that you can also exercise your moral obligation to protect that child and ensure that child is safe before being reunified. Show me the law that says you must reunify an abused child. Federal law requires every state to pass a law that that says “Reunification is not mandatory.” According to national statistics, forty-three percent of American parents report spanking or hitting their child within the last 12 months, thirty-seven percent report insulting or swearing at their child and two percent report having kicked, bitten or punched their child. More than 3 million children were reported to Child Protective Service agencies as alleged victims of child abuse or neglect, and approximately 1 million of these reports were confirmed abuses. That’s enough to fill Staples Center 50+ times with small, helpless and innocent children. Since my commentary, “Where’s Mario?” on November 17, 2002, I have received numerous and very frustrating phone calls from foster parents. They talk of infants with broken legs and arms. They cannot be specific because of the “confidentiality” clause in their foster care contract. They also fear that social services will return the child to the abuser regardless of a history of abuse and injuries to the child. These small children cannot protect themselves let alone speak out. The foster parents simply do not have a voice in trying to help their foster children. There are many cases where the foster parent is not informed of serious emotional problems the foster child may have when placed in their home, thereby jeopardizing the foster parents and the other children in the home. One recent incident was titled: Spare the charges, save the 14-year-old child dated: 1/1/03 http://www.staronline.com/vcs/opinion/article/0,1375,VCS_125_1644487.00.html Thank you, Mr. Wolf, for agreeing with me in most of your commentary dated November 24, 2002. While your commentary, as well as Barbara Fitzgerald’s (head of social services) was very comprehensive and took up almost 2/3 of a page, your final paragraph said it all. “The dependency system is clearly not perfect and requires significant change. This area of law is evolving to greater complexity. While I think that The Star and Ms. Alvarez do not have a thorough understanding of the dynamics of the system, questioning the system with a goal of improvement is clearly worthwhile.” Mr. Wolf, please do not assume that we do not have a thorough understanding of the dynamics of the system. I challenge you, Mr. Wolf, Mr. Myers (director of social services,) Ms. Fitzgerald (head of social services,) and all others in the system to come to the forefront and work with me in changing those laws. I have a large following and we are willing, eager and downright ready to change those very laws that continue to harm our helpless children. Each day that we wait to make that change, helpless and defenseless children are reunified with their abusers only to suffer more abuse and in many cases, death. According to Federal Statistics, 5,000 children are killed at the hands of their caregivers annually. California could lead the nation in correcting this gross injustice to humanity. This is a race issue, undoubtedly. The Human Race. Jane LeMond-Alvarez is the author of the internationally recognized book, BLINDERS and American Child-The Injustice Files, Where's Mario?. You can reach her at jane@janealvarez@cs.com Her web page is www.janealvarez.com.

Jane LeMond-Alvarez