The fleeting childhood of U.S. border children

By Darlene Byrne, Judge, 126th Judicial District Court
The comments in this paper are solely the opinions of the writer and no other organization.  

As a judge in Texas who has presided over many hundreds of child abuse and neglect cases since 2003, I have seen firsthand what the trauma of removing a child from a parent can do to the child. The parent-child relationship is one of our most sacred and precious fundamental and constitutional rights, as recognized by many U.S. and Texas Supreme Court cases.

Sentencing innocent children at our U.S. borders, with instant removal from their parents with no notice, no warning, and no due process goes against the moral code of this nation. The events taking place at our southern border are no less traumatic for the affected children than cases in which a child is removed from their parents because of allegations of abuse and neglect.

However, unlike the process when the parent is charged with abuse or neglect, the forcible separation of families at the border occurs without due process or judicial oversight. For child abuse and neglect cases there are well developed federal and state laws, honed and refined over decades, to insure both the child and parents are provided with due process prior to any separation of children from their parents. There is immediate and ongoing judicial oversight of the investigation by child welfare professionals regarding removal of children.

The judge’s role is to asses whether the government has met the high burden required to justify removal of a child from the custody of the parent, governed by the mantra to Do No Harm to the child. Our laws seek to insure that children are not summarily stripped from their parent’s arms, and segregated in a holding cell or abandoned Walmart along with hundreds of other traumatized and removed children. But, if possible, placed with grandparents, aunts, uncles, godparents, or prior babysitters – people the child already knows and loves—or at least placed with a licensed foster parent with training in childcare and trauma. Even then, judicial oversight continues to encourage frequent visits and contacts with all but the most unfit parents within a very short time after removal.

As the chair of the Texas Statewide Collaboration on Trauma Informed Care, watching what is happening at my state’s border to these children is the antithesis of a trauma informed system of care and country. These policies ignore the mandate to do no harm to these children.

Although I am only one judge, the National Council of Juvenile and Family Court Judges, of which I am a member and past president, has recently spoken against the separation of children and their families in the following resolution http://www.ncjfcj.org/Separation-Policy-Statement. Childhood is fleeting. Time is of the essence. These children should not and cannot wait for the contentious and laborious wholesale overhaul of our country’s immigration policy, which our Congress has been working on for years. By then, their childhood will be over and the lifetime damage will be done. If anyone deserves action and due process, it is the innocent children arriving at our borders today.

A system of care for traumatized children

By the Hon. Ramona Gonzalez
Board Director, National Council of Juvenile and Family Court Judges
La Crosse County Circuit Court, Wisconsin

Sally is a seven-year-old girl who just disclosed physical abuse to her teacher. Over the next few days, Sally must relate her story multiple times to a social worker, an attorney, a foster parent, a police officer, and a judge. Each time she recounts her abuse, she spends the entire day unable to concentrate, and at night has she bad dreams preventing her from sleeping. By the end of the week, Sally is exhausted. She has barely slept, her grades are falling, and she is beginning to wonder why she spoke about the abuse in the first place.

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When teen dating violence goes online

Athatsnot

By Jennifer White, Senior Attorney for Legal Programs, Futures Without Violence

This year, a film named Audrie and Daisy was part of the U.S. Documentary Competition at the Sundance Film Festival and will be available on Netflix later this year. The film tells the stories of two high school girls in different parts of the country whose kinship is the result of a common tragedy: both girls were sexually assaulted by boys they thought were friends.

Both girls were tortured by their communities and schools, particularly over social media. Both girls tried to take their own lives. The film highlights our failures as a nation to protect our young people, it illustrates a fundamental misapprehension about gender-based violence, it demonstrates our inclination to blame victims rather than believe them, and it vividly depicts the power and pervasiveness of social media as a weapon.

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Trauma-informed courts can help the vulnerable

AcourtroomWritten by: Alicia Summers, Ph.D., National Council of Juvenile and Family Court Judges

The parens patriae doctrine grants power to the state to intervene and protect children and other vulnerable individuals who are not able to protect themselves. In effect, the state serves as a “parent” to the person to ensure their needs are met.  With our ever-increasing understanding of adolescent brain development, neuroscience, psychology, and human development generally, there is a growing recognition that these needs are more complex than the basics of food, shelter, and safety. Children experiencing adversity often require assistance to meet developmental needs and tasks, with a focus on promoting resilience and well-being so that they have the same opportunities for positive outcomes as youth who have not been involved with the court system.

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8 things judges need to know about teen dating violence

Ateendating

By the Hon. Marshall Murray
Judge of the Circuit Court of Milwaukee
Member of the National Council of Juvenile and Family Court Judges

One of the most important duties for any court system is to ensure that youth in the community are protected. As the former Presiding Judge of the Milwaukee Children’s Court and Presiding Judge of the Milwaukee County Domestic Violence Courts, I have seen many young people who were survivors of teen dating violence. They included children who were both male and female, heterosexual and LGBTQ, and from every ethnic background imaginable. It was, and is, very sad to me that while these children are supposed to be focusing on the challenge of adolescence, they were instead grappling

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