Class War: Why Poor Parents Are More Likely to Get Busted for Pot

[xchrom]

http://www.alternet.org/drugs/class-war-why-poor-parents-are-more-likely-get-busted-pot



Recently, the New York Times published an op-ed by an art dealer and father from San Francisco titled “Pot for Parents.” It was just the latest of a growing number of pieces (Jezebel.com, NY Post , Huffingtonpost.com and Phillymag.com) published recently espousing the benefits of marijuana use for parents. These pro-pot missives share a carefree and cavalier tone, portraying marijuana use as an upscale diversion that ameliorates stress and leads to more patient and creative parenting. The “best part” of marijuana use, the “Pot for Parents” author writes, “is an amazing off-label benefit I call Parental Attention Surplus Syndrome” -- the ability to perform obligatory parental duties with genuine enthusiasm after using marijuana.

Whatever benefits marijuana use may or may not have for parenting, to those of us who represent parents in New York City’s Family Courts, these articles only highlight a daily reality: that when it comes to drug use, there are very different rules for poor parents, and particularly poor parents of color. The disproportionate and devastating impact of the drug war on poor communities of color, in terms of criminal arrests and prosecutions, has been well documented. What has largely gone unreported is the extent to which countless low-income parents in New York City and across the country live with the fear – a fear clearly not shared by the well-heeled author of “Pot for Parents” – that they could lose their children to the foster care system if they were as brazen about their own pot smoking.

These fears are well founded. For poor parents in New York, suspicion of marijuana use will often trigger a visit from the Administration for Children’s Services (ACS), and an intrusive inspection of their homes, bedrooms and cupboards. The municipal caseworker, untrained in social work or child psychology, will interrogate their children, asking questions about the intimate minutiae of all aspects of family life without background or context, and require a drug test. If the parent refuses a drug test or tests positive for marijuana, she will be asked to attend intensive drug treatment lasting up to 18 months, usually at taxpayers’ expense, even for casual or infrequent marijuana use. If the parent refuses to attend treatment, ACS will file a petition charging the parent with child neglect, regardless of whether there is any evidence that the marijuana use has had a negative effect on parenting.

[no_hypocrisy]

1. My experience with "Child Protection" generally is that children of poor parents

will be removed more often than well-to-do parents and those children will be actively promoted for adoption. I just finished a case where children were removed from parents and put into foster care for 3-1/2 years. Child Protection and the foster parents said anything in order to terminate my client's parental rights and adopt the children. Never seen anything like it. Even the children's attorney was promoting adoption even though some of them professed they wanted to be returned to their mother.

[Live and Learn]

2. The court system in general is rife with elitism, not justice or fairness.

Children are probably the greatest victims of our justice system in all circumstances.

[Th1onein]

3. I'm no lawyer, but I helped an employee represent herself in such an action a few years ago.

Child Protective Services was trying to severe her parental rights and have the custody of her children turned over to her brother, who was a CONVICTED CHILD MOLESTER. CPS hid this fact in their petition, in a long paragraph about a completely different subject, knowing that the judge would probably miss this fact, entirely. I wrote the answer to the petition and repeated the fact that they were trying to give the children to a CONVICTED CHILD MOLESTER on every page, at least three times. The judge was PISSED, and needless to say, the state did not prevail.

[no_hypocrisy]

4. Very good. You made all the difference!

[Th1onein]

6. This girl was SHOCKED when she won and they didn't severe her rights. It was sad.

Once you get into their system, it's very hard to escape, unscathed. Very hard.

I had a "friend" who had a disagreement with me and filed a malicious complaint with these people. They came to my house, wanting to come in and see the home where my children lived. I ran them off; told them they had to get a warrant to come in my house. Then, I wrote a letter to the county supervisor, telling them just that. I was in law school at the time; and I let them know that, too. They closed the case. I'm sure they knew they would have a fight on their hands, with an energetic law student, no less. They're nothing but cowards who prey on the weak and uninformed.

It's better to just never let these people in your life at all. DON'T try to be cooperative; just run their asses off.

[no_hypocrisy]

8. My legal associate had a similar experience.

She was a defense attorney specializing in (and winning) Child Protection cases. Child Protection came to her home and tried to remove her 16 yo daughter. It starts with an "investigation" but the purpose is to find any reason to remove, e.g., a messy house, a bruise on the child's arm, etc.

[Th1onein]

9. Sounds like a witch hunt to me.

I hope she told them to come back with a warrant, signed by a judge. I don't think that people realize that they can do that. They are just intimidated and that's what these vultures prey on. Usually, when you show them that you are not intimidated, that you know your rights, and that you won't back down, they leave you alone, like the cowards that they are.

[no_hypocrisy]

10. It gets worse. An anonymous source (but it's more than likely Child Protection again)

went rooting around in her past, found an outstanding ethics charge against her in another state and reported her. While one can argue that she got herself suspended, if she weren't reported, she'd still be practicing law.

[Th1onein]

11. She needs to find the person(s) who did this and sue their asses.

I'd haunt them in church, the grocery store, the pharmacy, etc. I would NOT let them live this down.

[no_hypocrisy]

12. Can't happen. She died last year.

We took over her case and kinda feel that by winning, she was vindicated.

[Th1onein]

13. Good for you!

Thank God for people who believe in doing the right thing.

[ananda]

5. With the poor, it's easier to provide bodies and funding for the Prison Industry.

Rich people get off.

[porphyrian]

7. . n/t