Houston's Problem of Child Abuse

Two weeks ago the Chronicle highlighted Houston’s Problem of Child Abuse with editorials by Randy Burton and Richard Wexler. As President of Texas Center for Family Rights, an organization that works to promote God-given and constitutional rights of families, I find myself in partial agreement with both.

True physical and sexual child abuse should be treated as a crime. The government has a legitimate authority to step in to protect a child when the child is endangered whether by a stranger or a parent. The parent should be given no more protection than a stranger. God ordained the family as the first authority in a child’s life. As such there is a responsibility to protect as well as correct a child. If there is true abuse, then that authority is violated and a secondary authority has the right and obligation to protect that child.

However, if only one parent is arrested the child should stay with the other parent rather than allowing CPS to prematurely remove that child and all siblings. By treating abuse as a crime the true abuser gets what he deserves, a criminal sentence. The perpetrator is punished, not the victim. If there is evidence for both parents to be arrested, then CPS can step in to take custody of the children. Law enforcement ought to take the lead and CPS follow.

This process, by the way, ought to reduce the workload of CPS significantly, allowing it to function properly when it needs to.

On the other hand, we also all need to heed the cautions of Richard Wexler. The National Commission on Children has stated, "Children’s own families are the single most powerful agent for ensuring their healthy development. ‘Removing children from their families for any but the most compelling reasons breaks the critical bond children need to develop their basic personal and social identities.'"

According to current practice, CPS can and does remove children not only for the true physical and sexual abuse but also according to extremely vague notions of being at risk of emotional abuse or neglect. When a San Diego Grand Jury investigated the child protective system in that area in 1992 it found that of 300 cases they reviewed, 83% needed reevaluation and they concluded that 60% involved innocent families!

Do we value the sacred nature of the family highly enough? As Richard Wexler explains, for the child a removal from his family is akin to kidnapping. He is right that the child often thinks he did something wrong and may never have emotional scars healed.

The United States Supreme Court has ruled that children are not the mere creatures of the state and that parental rights are fundamental. If law enforcement finds evidence to arrest a parent then CPS ought to take part. Under current statutes the law is so vague that too many families and children are needlessly ripped apart. Additionally, law enforcement plays a secondary role, one in which some district attorneys are unwilling to pursue criminal charges.

These changes would be steps in the right direction to change a greatly broken system.

Peter Johnston

President

Texas Center for Family Rights