Eline’s children feared going to sleep in the closet of their studio apartment, but it was the only place they would be safe from the rats. Covered in blankets from neck to toe, Eline would keep an eye on the kitchen entrance and followed the sounds of the rodents rummaging in the cupboards.
I represented Eline (I can’t disclose her real name), a mother of two, in Bronx Family Court when she was charged with neglect. Her younger son had been deemed undernourished because of faltering weight. Eline had struggled to keep up the feeding regimen prescribed by the kids’ pediatrician. Doctors are required by law to report suspected neglect, so the pediatrician reported her to the Administration for Children’s Services. The agency filed a case in family court, and the children went into foster care for three years.
When I met Eline, she described how the rats made it impossible to store fresh food in the apartment. She was a single mother with no family members who could help her. She struggled with depression and a chronic health condition that often required her to go to the hospital. She needed assistance. Instead, the city tore her children away from her and provided more than $1,000 each month to a foster family. After this, she turned to alcohol.
For more than a decade, my colleagues at the Bronx Defenders and I have represented thousands of parents like Eline in child-protection proceedings. A majority of them have never abused a child. Yet child services charges them with “parental neglect,” something of a catchall term that seems to cover poverty, substance abuse and untreated mental illness.
There is a misconception that the child-protection system is broken because child services fails to protect children from dangerous homes. That’s because the media exhaustively covers child deaths, but not the everyday tragedy of unnecessary child removals.
The problem is not that child services fails to remove enough children. It’s that the agency has not been equipped to address the daily manifestations of…
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