I sent this open letter to Governor Abbott and my State representatives today. The letter to government officials named the Agency I worked with as well as gave some specific details (without naming any names) about recent cases I’ve seen CPS totally ignore. This is the redacted version that I sent to the Dallas Morning News, Houston Chronicle and Austin Statesman. I’d also thought for a long time that all adoptive and foster parents needed a lobby all their own. I am thinking about starting that.
December 6, 2016
An Open Letter to Governor Abbot and the Legislators in Texas,
I am an attorney who practices family law and criminal defense in the DFW metroplex. The first years of my career were spent prosecuting child rapists in east Texas. I spent a lot of time and sat in a lot of training to learn how to build a rapport and trust with child victims. I never failed to win the trust of those victims and other than one hung jury, I never lost one of those cases. I saw during those years just how broken CPS truly is. Now, I help protect abused kids from abusive parents in my family law practice.
I’ve wanted to adopt a child since I was a teenager. I’ve spent the last two years researching and pursuing private infant adoption, embryo adoption, and foster care adoption. I settled on foster care adoption, inspired in part by my years helping abused kids and in part by Governor Abbot’s desire to help get these kids adopted. I chose a Christian agency in the DFW metroplex and completed foster care training, CPI training, First Aid and CPR certification. I passed my physical, my drug test, my FBI background check, the agency’s environmental inspection of my home, the agency’s fire inspection of my home, and the agency’s pre-home study which they preform prior to sending out a social worker to do the actual home study. I passed it all as of Monday, Nov 28, 2016, and yet as of Friday, Dec 2, 2016, Texas is short one adoptive mom who was willing to adopt two kids. The agency terminated my relationship with them via email and without warning.
I chose the agency because I am a Christian and because when I called them and said the one thing I can not take is a sexually abused child, they didn’t shame me. I explained to them I have secondary-PTSD from working those cases in east TX and I also have young nieces and nephews who’s innocence I must protect. The agency seemed to understand and be willing to honor that request. When I entered into the program, I intended to be a foster-to-adopt mom. I have room in my home for up to two children. I make a decent living and can even work less than 40 hours a week as needed. Additionally, my mother and I live together and she will be retiring in 2018. At that time, she will be my nanny. My mother also passed a physical, drug test, FBI background check and got CPR/First Aid certified so that I could move forward.
During Foster Care training, I learned that while you have foster placements in your home, you cannot be considered for adoptive placements who are already free or almost free to be adopted because no one wants to upturn the foster placement’s life. I can see the wisdom in that. You simply have to pin your hopes on the 30 percent chance that the foster children in your home might eventually be free for adoption. Given that I’ve always felt called to adopt, I realized fostering would not be a wise course for me. I also learned that I would have mounds of paperwork to do each week. I understand bureaucracy creates and thrives on paperwork, but the average person does not. When I’m done with work, I want to spend my time loving and parenting my children – not doing paperwork. I learned that I would have to file incident reports every time a child falls and gets a bump. Given that I wanted toddlers and younger children, I’d likely never do anything other than fill out incident reports.
The requirements to pass a home study as a foster parent or to adopt from foster care are onerous and some requirements are nonsensical. For example, whether you are taking in a 2 year old or a 16 year old, all outlets must be covered. Whether you are taking in a 2 year old who cannot reach the medicine cabinet or a 16 year old with a drug problem, all meds — including Tums — must be under lock and key. However, Neosporin and topical meds must be stored separately even if it is just a zip lock baggie inside the locked container of other meds. Apparently foster parents are deemed too stupid to remember not to give Neosporin internally. Also, any anti-depressants, ADHD meds and the like must be locked in a container that is locked inside another container. Even if you don’t have a child with those meds and do not take them yourself, you must have a double locked system ready to go just in case. Having an extra lockbox and an extra locking bank bag to go inside of it cost around $50. Of course while my Tums are under lock and key, my chef’s knives are in their wooden block on top of the kitchen countertop within easy reach of anyone over the age of 7. I’m not suggesting we lock up cooking utensils. I’m simply showing the absurdity of the current requirements. Guns must not only be locked up, they must be locked separately from ammo which must also be locked up. That part makes sense, though I would argue one solid gun safe with a biometric lock should be allowed to be substituted for two lockboxes. However, the locked up and empty guns must also have a trigger lock. This would make it impossible to respond to a home invasion in a timely fashion and it further increases expense and needlessly wastes money. An emergency kit must be stored with non-perishables, a gallon of water per person and plenty of blankets. This is stupid and needlessly increases expense. The fact is that a gallon of water has an expiration date as does non-perishable foods. Most families anticipate emergencies and buy up extra water before tornado season. That makes sure it is fresh and that chemicals from the plastic containers have not leeched into it. Most families have plenty of blankets which can be grabbed quickly if necessary. Even this I could get past if there were not so many other requirements.
In addition, agencies are allowed to hurl extra requirements on a prospective parent that are not State mandated. For example, the agency did not allow any fruit preserves or jams in the house that were not commercially made and sold in a grocery store. I try to keep our foods as organic as possible and had to throw away all my jams that were purchased at the Farmer’s Market. I do not believe agencies should be allowed to add rules to the State-mandated ones and I believe the State mandated rules need to be cut down by at least 1/3rd.
Even though the requirements are overly onerous, I checked off every item on the list I was given because giving a child a forever home was more important to me than fighting the process. I also kept in mind that we were told in training that CPS will visit once a month and almost gleefully look for ways to give us citations. I’m a Type A person, so their list of requirements became almost glued to my hand. I feared though that my mother my accidentally forget to put her Mentholatum under lock and key one night after using it before bed and I might end up with a citation. My mother and grandmother kept Mentholatum on their bedside tables throughout my entire childhood and never once was I harmed by it, but it could now cause me to lose my licensing.
I don’t know if it is this way with every agency, but I’ve heard from other parents at different agencies that they felt this way too: The agency would never give straight answers about what exactly would be required later on. It’s like they were specializing in the bait-and-switch and withholding information until you got further in so that each step of the way you’d think, “Well, I’ve come this far, I might as well keep going.” Saying that over and over again results in a cumulative effect that you never intended to happen and never would have agreed to in the first place. For example, we were told there would be reports. Each training added another vague mention of another report. At my pre-home study I asked exactly how many reports, not counting incident reports, would be required as a foster parent. I was never given an answer. The girl hemmed and hawed. She said she wasn’t sure since she didn’t have her binder. I asked if it was more than 10 reports per week. I expected her to say, “Definitely less!” Instead she said, “Ummmmmm….” and shrugged her shoulders and shyly did a vague half-nod indicating yes. How many more than 10? I never could get an answer. She said I would get a binder when my certification was finished with all of the reports I’d be writing. In other words, I’d have to wait until I had done all the work to know what was truly required of me. The truth is, if there are so many reports due each week that you have to hide them, then you have too many. One weekly report asking about the child’s emotional, physical and mental wellbeing and progress at school and at home should be sufficient. Does the State and these agencies want foster parents spending hours writing reports or spending those hours parenting these kids who need love and parenting so desperately?
I’ve been told the requirements and reports are the same for adoptive parents as they are for foster parents. However, as an adoptive parent I would be doing these things for a shorter period of time. I definitely liked that.
The overreaching requirements do not weed out the evil foster parents. For example, in my foster care class, a couple was telling us that their kinship foster child freaks out if you take away a toy as punishment. This is because her foster mom before this kinship placement would burn her favorite clothing and toys in front of her as punishment. I asked and that foster mom is still fostering kids. No doubt her Tums and Mentholatum remain locked up though.
After going through all of this, why am I not going to be accepting a child into my home now? I finally told my agency that I did not want to foster, but only wanted to adopt. I told them I was willing to take a child or two aged 5 or under. The 20-something, unmarried, childless family advocate told me that I had to be willing to adopt an 8 year old. I reminded her that I have not only worked with abused kids, I’ve prosecuted them and I’ve defended them in criminal court. Based on all of my experience, I explained that I have young nieces and nephews and that abused and neglected kids often act out in inappropriate ways. I told her that I had to protect the innocence of every child in my family and I felt the best way to do that was to have a child younger than my oldest nephews. That way, if the child or children I brought into the family started acting out, they would not be able to intimidate the older kids into not telling me. I need safeguards to make sure I can address any potential threats to any child’s innocence. I felt this was the best safeguard I could have, given there are no guarantees in life. I offered to provide respite care for foster families so that I could be useful to the agency while waiting for the right child. Because they market themselves as a Christian agency, I asked her to ask the others to trust that God has the right child for me and will bring that child or children to us. She said she would advocate for me four days later (on Friday) at their weekly meeting. On Thursday before the meeting, I emailed her and told her that God was working on my heart. I told her I was almost at the place where I could honestly say that I would prayerfully and with an open heart and mind consider any child —no matter the age — that they presented to me for adoption. The next day, after their agency meeting, I received an email stating that they were terminating our relationship because of my lack of openness to older kids. I passed every test and spent thousands on drug tests, physicals, background checks and items to make my house pass the home study, but they terminated me for not being willing to agree to their arbitrary rule that is not even State mandated. Ironically, on the preceding Monday, she’d made me sign a paper stating that foster parents have the right to be treated with respect. On Friday, I was thrown away.
Other agencies also have arbitrary ages that you must be willing to consider in order to be allowed to adopt. I also understand that there are a lot of older kids who need a forever family. I told everyone at my agency that when my nieces and nephews were older, I wanted to buy a bigger house, come back and adopt a teenager or two. However, because I wasn’t willing to forget the safety of the other children in my family and wasn’t willing to let the agency dictate my life, Texas is short an adoptive home today that could have taken in two kids. Yes, I can go to another agency, but this feels a lot like a miscarriage to me. I have loved a child I’ve never met for years. I was so close to being able to meet that child and bring her home and now my dream has been miscarried. It will take a time of grieving before I’m ready to try again. Of course when I consider the expense of another drug test (the original one was $740), physical and FBI background check for my mom and I, it makes me pause. Besides, I’m scared of being rejected again after doing everything they ask me to do correctly.
Here’s the question that the legislature and the Governor need to answer for Texas: Is it better to have a parent willing to adopt two 0-5 year olds on a waiting list or to have one less parent available and almost 7000 kids on a list waiting for forever homes?
You want people stepping up to help foster kids, but the requirements are too onerous, expensive and still do not manage to weed out evil foster parents. You want people adopting kids in Texas, but though I passed all the tests and am more than able to support a child or two, Texas has one less adoptive home today. Is it better to have an adoptive parent on a waiting list or to have almost 7000 kids waiting for a forever home?





