By Stephen Baskerville
The California appeals court decision criminalizing parents who
homeschool their children is only the tip of an iceberg. Nationwide,
parents are already being criminalized in huge numbers, and it is not
limited to homeschoolers.
During the Clinton years, the trend toward turning children into tools
for expanding government power increased rapidly. Otherwise
indefensible programs and regulations are now rationalized as "for the
children."
As a result, government now has so many ways to incarcerate parents
that hardly a family in America has not been touched. The
criminalization of parents is highly bureaucratic, effected through a
bureaucratic judiciary and supported by a vast "social services"
machinery that few understand until it strikes them. They then find
themselves against a faceless government behemoth from which they are
powerless to protect their children or defend themselves.
Homeschoolers are usually accused of "educational neglect," a form of
child abuse. Like other child abuse accusations, it does not usually
involve a formal charge, uniformed police, or a jury trial. Instead the
accusations are leveled by social workers, whose subjective judgment is
minimally restrained by due-process protections. As Susan Orr, head of
the federal Children's Bureau points out, these social workers are in
effect plainclothes police – but they are not trained or restricted
like regular police.
Homeschoolers are not alone. Any parents can be charged with "child
abuse" on the flimsiest of pretexts, because child abuse has no
definition. Because of our presumption of innocence, crimes are
generally defined as they are adjudicated: A crime has been committed
if a jury convicts. But the roughly 1 million cases of child abuse
annually (out of 3 million accusations) are "confirmed" or
"substantiated" not by jury trials but by social workers or (sometimes)
judges. Most such parents are not imprisoned. They merely lose their
children.
Virtually every American can now tell of a relative or friend visited
by the feared Child Protective Services because of a playground injury
or a routine bruise. Too many dismiss these frightening ordeals as
aberrations. In fact, they proceed from a bureaucratic logic that is
driven by federal funding. The more "abuse" the social workers find,
the more money they get to combat it.
But serious as this is, it is still mild compared to the largest sector
of semi-criminalized parents: the involuntarily divorced. The moment
one parent files for divorce, even when no grounds are evinced, the
government automatically and immediately seizes control of the
children, who become effectively wards of the state. Astoundingly, they
are then almost always placed in the "custody" of the parent that
initiates the divorce, placing the divorcing parent and the state in
collusion against the parent that is faithful to the marriage and
family. The non-divorcing parent, even if legally unimpeachable, can
then be arrested for unauthorized contact with his or her own children.
Here too abuse accusations can be readily fabricated out of thin air,
further criminalizing the innocent parent. He (it is usually, though
not always, the father) can then be arrested, even without a shred of
evidence that any abuse has occurred. He can also be arrested if he
cannot pay child support that may consume most or even all his income.
He can even be arrested for not paying a lawyer or psychotherapist he
has not hired.
But what is most striking here – in contrast to homeschoolers – is the
absence of opposition. The genius of the feminists is to vilify fathers
in terms designed to incur the revulsion of decent people –
"pedophiles," "batterers," "deadbeat dads" – and too many conservatives
and Christians are fooled.
In fact, the social science data are clear that these alleged
malefactors are rare among biological fathers and almost entirely the
creation of feminist propaganda. Accused fathers are no more likely to
be criminals or child abusers than are homeschooling parents. They have
merely fallen into the clutches of another sector of the child
exploitation bureaucracy.
Indeed, it is well-known among scholars that true child abuse takes
place overwhelmingly in single parent homes – homes without fathers. By
removing fathers under trumped-up abuse accusations, the child abuse
apparatchiks create the environment for real abuse, further expanding
their business.
Campaigns against homeschoolers and fathers are only the extreme
manifestations of the larger attack on all parents. They indicate where
we all may be headed if we do not take a united stand for parental
rights against a judicial-bureaucratic machine that is not only
destroying families but justifying its own expansion in the process.
Though conservatives often misuse the term, two features used by
scholars to define totalitarian government were its highly bureaucratic
methods and its willingness to invade and destroy the private sphere of
life, particularly family life. Both these tendencies come together in
the governmental leviathan that now administers our children: the
education establishments, family courts, child protective services,
child support enforcement agents, "human services" agencies, counseling
services, domestic violence programs and much more.
The very idea that the criminal justice system has been diverted from
its role of protecting society from dangerous criminals and instead
used to threaten law-abiding parents with jail for educating or raising
or simply being with their children should be seen by all Americans as
a serious threat to our families and our freedom.
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The criminalization of parents
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