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![]() Introduction
Child protection, from a national and state perspective, is a self-perpetuating loop. Legislators accept public responsibility for abused and neglected children. Laws are enacted. Administrative rule-makers, in turn, publish detailed instructions cataloging the do’s and don’ts for workers in the child protection system. Local administrators then manage the resulting programs and services, emphasizing compliance with the rules. Sooner or later, there is a critical incident. The system fails. Screaming headlines decry the tragedy. The public is indignant and outraged. "No One Knows What Could be Happening to Those Kids"[1] "Cry for the Children"[2] "Caseworkers Never Saw Starved And Beaten Boys"[3] Local child protection agency administrators argue that the failure was not their fault. They responsibly followed the rules. The rule-makers argue that they are, likewise, not at fault. They faithfully codified the legislative intent. The spotlight of public opinion then refocuses on legislators, with impassioned demands for reform and sweeping change. "Problems With Foster Care … Congress to Change Funding"[4] " "Legislators Should Focus On Child Abuse"[6] Existing laws are revised. New legislation is enacted. Added rules are more exacting. Vulnerable children are safer. "Child Protection System Needs Work, Audit Says"[7] "Law To Fix Child Abuse System"[8] "The Aim is to Eliminate Ambiguities in the Current Law"[9] In each iteration of the self-perpetuating loop, legislators are increasingly prescriptive. Child protection laws are more inclusive. Administrative rules are more restrictive. The enhanced legislation leaves little doubt about exactly how the law-makers expect child protection workers to carry out the legislative prescription. Despite the best of intentions, though, there are further critical incidents. "Police say 8-Year-Old was Tortured"[10] "State Foster Care System in Trouble, Experts Say"[11] "MOTHER BOUND, GAGGED SON, 9, POLICE SAY"[12] Throughout this iterative process, child protection is everyone's responsibility but failure to protect children is no one's fault. It is a system failure with no culpability. The primary public value driving the child protection system is keeping our children safe.[13] The public wants its vulnerable children protected, wants them kept out of harm's way. To that end, laws are passed and resources are appropriated. Rules are written and directives are given. Programs are developed and services are provided. Despite this sincere commitment and massive effort, though, children are still harmed, costs escalate, and the public is frustrated and outraged. "Why aren't our children kept safe?" To fully answer this question, it is necessary to expand this narrow perspective to include the child, the family, and the community.
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