{"id":8649,"date":"2022-11-21T21:11:48","date_gmt":"2022-11-21T21:11:48","guid":{"rendered":"https:\/\/9thstreetjournal.org\/?p=8649"},"modified":"2023-03-27T15:59:20","modified_gmt":"2023-03-27T15:59:20","slug":"fostering-controversy-does-child-protective-services-unfairly-keep-parents-from-their-children","status":"publish","type":"post","link":"https:\/\/9thstreetjournal.org\/2022\/11\/21\/fostering-controversy-does-child-protective-services-unfairly-keep-parents-from-their-children\/","title":{"rendered":"Fostering controversy: Does Child Protective Services unfairly keep parents from their children?"},"content":{"rendered":"

Kellie Smith wants to spend the holidays with her children.<\/span><\/p>\n

\u201cI missed my kids having their first steps, them crawling for the first time, them saying their first words,\u201d she says outside the Durham County Courthouse, tears streaming. \u201cI\u2019ve missed so much of their life. I\u2019d be damned if I missed another second of it.\u201d<\/span><\/p>\n

It is a Tuesday in early October, and Smith\u2019s fourth trip to the courthouse in a week. Her children, Ah\u2019miyah, 3, and Phillip, who turns 2 in December, were taken into custody by Durham County Child Protective Services (CPS) in 2019 and 2021. Smith is at the courthouse because she has requested a hearing to ask to have her kids with her for Halloween or Thanksgiving. Her request is denied.<\/span><\/p>\n

Smith, 20, lives with her fianc\u00e9 and baby boy, Takiel. Every other week, Smith sees Ah\u2019miyah and Phillip for two hours.\u00a0<\/span><\/p>\n

On December 15, Judge Doretta L. Walker will oversee a hearing that will determine whether Smith regains custody. For now, Smith is one of hundreds of parents in Durham \u2013 many of them Black and brown mothers \u2013 fighting court battles to get their kids back. These mothers are navigating a child welfare system whose legal hurdles and decisions seem to them, at times, arbitrary. Smith\u2019s journey with CPS offers an inside look at one of these cases.<\/span><\/p>\n

The 9th Street Journal contacted five staff members from the Durham Guardian Ad Litem’s office;\u00a0 a senior assistant attorney with Durham County; former Durham County Department of Social Services Director Ben Rose, who retired Nov. 1; interim DSS director Sarah Bradshaw; two social workers on Smith\u2019s case; Smith\u2019s former public defender; Judge Walker; and the family court coordinator. They either did not respond or said they were not allowed to comment on any current cases.\u00a0<\/span><\/p>\n

Joy Cook, a spokesperson for DSS, said the agency would not comment on the controversy surrounding CPS for confidentiality reasons.\u00a0<\/span><\/p>\n

A Weaponized Agency?<\/b><\/p>\n

In 2020, <\/span>632,000<\/span><\/a> children entered the foster care system in the United States. The federal government spends nearly <\/span>$8 billion<\/span><\/a> on foster care each year.<\/span><\/p>\n

As of September 2022, in Durham County, 292 children were in regular foster care (ages zero to 17) and 31 young people in extended foster care (ages 18-21).\u00a0<\/span><\/p>\n

The Abuse, Neglect, and Dependency page on the North Carolina Judicial Branch website says that if \u201cthe facts reported fall within the legal <\/span>definitions<\/span><\/a> of abuse, neglect, or dependency,\u201d CPS will investigate the case and determine \u201cwhat is needed to ensure the child\u2019s safety.\u201d\u00a0<\/span><\/p>\n

Foster parents help scores of\u00a0 children, but the system is imperfect. Studies show that nationwide, children in foster care are at a <\/span>higher risk<\/span><\/a> for unemployment, involvement in the criminal legal system, mental health disorders, sexual abuse, and homelessness.\u00a0<\/span><\/p>\n

Anti-CPS organizations have popped up throughout the country. They include national groups such as The upEND Movement, as well as local organizations in New York and Wisconsin, among others.\u00a0<\/span><\/p>\n

Former Wake County CPS investigator Amanda Wallace created Operation Stop CPS in 2021. The organization is currently helping six women\u2014three in Durham, one in Raleigh, one in California, and one in Kentucky\u2014 to get their children back. The group has come under <\/span>scrutiny<\/span><\/a> in recent months for its protest tactics, which include showing up at government officials\u2019 houses.\u00a0<\/span><\/p>\n

Child welfare officials have also accused Wallace of practicing law without a license. Wallace, who does not have a law license, disputes the allegations.\u00a0<\/span><\/p>\n

Nationally, Black children are removed from their homes at higher rates than other children. Locally, Wallace alleges, CPS officers frequently <\/span>appear<\/span><\/a> in predominantly Black neighborhoods like Smith\u2019s. \u201cEspecially in our culture, CPS has been able to infiltrate our community and people use it as a tool against each other in these situations,\u201d says Wallace, who is Black.<\/span><\/p>\n

Family Feuds<\/b><\/p>\n

On December 11, 2019, Smith, then 16, and her mother, Sharron Dobaly, argued about who should claim Ah\u2019maiyah on their taxes. Later that day, an angry Dobaly reported her daughter to CPS.<\/span><\/p>\n

Smith and Dobaly have had a contentious relationship. Their fights were bad enough that the police were sometimes called to break them up. At one point, Smith says, she fled to her grandfather\u2019s house and lived with him temporarily.<\/span><\/p>\n

Dobaly told CPS that Smith had shaken her daughter. Smith denies that, adding that there are no medical records indicating Ah\u2019miyah had been hurt.\u00a0<\/span><\/p>\n

Smith was furious. Earlier that day, she had visited her father, who had been shot and was recovering at the hospital. Her grandma had just died. She had strep throat and could not speak. Dobaly\u2019s charge was the last straw. When the CPS agent arrived, she threw a cup, among other objects, at her brother Tyquis Dobaly.\u00a0<\/span><\/p>\n

The agent took Ah\u2019miyah into custody.<\/span><\/p>\n

Smith says that while she never hurt her children, she sometimes struggled with her temper. She grew up watching relatives abuse and lash out at each other regularly, which, she says, amplified her anger.<\/span><\/p>\n

About a year after CPS took Ah\u2019miyah, a social worker visited Smith and discovered that she and Phillip were at a friend\u2019s house, court documents show. This violated a CPS order, which decreed that Smith could only keep Phillip if she was under constant supervision of someone age 25 or older. Smith was 17 at the time, and her friend was a teenager.\u00a0<\/span><\/p>\n

An adult was present but hadn\u2019t been screened by CPS. Court records show that the social worker reported Smith, and CPS took Phillip into custody.<\/span><\/p>\n

Smith also signed a document admitting to abusing her kids, after her son Phillip was taken. But Smith says she learned what was in the document only this year. She says she didn\u2019t read the document when she signed it, and that her public defender told her to sign it.<\/span><\/p>\n

The AHB Center for Behavioral Health and Wellness conducted a 20-page parental capacity evaluation in May 2022, on behalf of CPS.The report says that Smith \u201chas the cognitive and functional abilities to provide a safe and stable living environment for her children.\u201d\u00a0<\/span><\/p>\n

According to the report, social worker Michelle Diantonio said that before she began working on the case, Smith had bounced from home to home and had been dropped from therapy for missing appointments. However, in the report, Diantonio said that Smith has since overcome those issues.\u00a0<\/span><\/p>\n

Since her children were taken, Smith has completed a parenting course, passed a Parental Capacity Assessment, attended regular therapy sessions, obtained a steady job at Wendy\u2019s and found stable housing.\u00a0<\/span><\/p>\n

Smith says she has complied with CPS requirements. She doesn\u2019t understand why she still does not have her children at home.<\/span><\/p>\n

Hugs and Kisses<\/b><\/p>\n

Smith has been in and out of therapy for much of her life, and has gone to sessions consistently since losing Ah\u2019miyah. Her annual therapy report for 2021, which was given to the court, says she \u201cfeels [therapy] will help her get her children back\u201d and \u201cwants to experience less sadness and anger.\u201d<\/span><\/p>\n

Smith keeps logs of her visits with Ah\u2019miyah and Phillip. On\u00a0 recent visitation logs, she writes that Ah\u2019miyah and Phillip gave \u201chugs and kisses\u201d to her and to baby Takiel. She describes helping them write their names, put on their shoes, and resolve arguments with each other.\u00a0<\/span><\/p>\n

Each time, she says, neither of them want her to leave.\u00a0<\/span><\/p>\n

 <\/p>\n

ABOVE:<\/b>\u00a0Amanda Wallace, standing, a former investigator with Child Protective Services in Durham, launched Operation Stop CPS in 2021. She advocates for parents like Kellie Smith, is fighting to regain custody of her two children. They are at the door of the Durham County Guardian Ad Litem’s office. Photo by Charlotte Kramon–The 9th Street Journal.<\/strong><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

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