Chapter 10: This is America

First and most, I’d like to dedicate this post to George Floyd, his death will not be forgotten; my condolences to Mr. Floyd’s family, friends and to our African-American community, I hear you, I see you.

After the recent events that took place in Minneapolis I needed time to process everything, allow myself to feel angry, sad, disturbed and disappointed. I also really needed time to do my research on today’s racism in America and learn about the hiring process of a cop. I am a blogger and also a social worker, so I know the best way I could potentially promote social justice and advocate for the human rights of my fellow African-Americans, as well as immigrants, would be through my writing.

First thing is first, in no way or form am I generalizing or categorizing any individuals discussed in this post. I also do not condone any violence towards African-Americans, police officers, and for that matter any human being, especially given the situation. I also want to express that although I am all for social justice, freedom of speech and peaceful protesting; I do not agree nor support the current violent rioting, looting and destruction of properties occurring in multiple cities. The purpose of these protests is to call for action in regards to George Floyd’s murder- as a community, as human beings, we must make sure it stays this way, rather than “a given opportunity” to practice evil acts.

Without further ado, let’s get to it: Police Brutality

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Data was taken from “Mapping Police Violence,” for more information, visit https://mappingpoliceviolence.org/.

Between 2013 and 2019, police in the United States killed 7,666 people, according to data compiled by Mapping Police Violence, a research and advocacy group. On May 25, 2020 , George Floyd, a 46-year-old resident of Minnesota, became yet another victim of police brutality as he was killed in police custody while unarmed. Floyd’s death has prompted thousands of protesters to march in cities around the country demanding justice and an end to police violence. The number of police killings in the US disproportionately affects African Americans. Despite only making up 13 percent of the US population, Black Americans are two-and-a-half times as likely as white Americans to be killed by the police” (Haddad).

Haddad, M. (2020, May 31). Mapping US police killings of Black Americans. Retrieved June 02, 2020, from https://www.aljazeera.com/indepth/interactive/2020/05/mapping-police-killings-black-americans-200531105741757.html

POLICE HIRING PROCESS

Taken from: http://www.oakridgetn.gov/department/ORPDRecruit/Application-%26-Selection-Process
This process may differ from other states

One does begin to wonder, what is it exactly that leads to the maltreatment of minorities, because let’s call it what it is, in many cases, these type of scenarios often or if not always occur to people who come from different ethnicities and as stated above, mostly African-Americans. As I began doing my research, I came across this statement and it really spoke to me:

If the African American leaders interviewed are correct that the great majority of police officers are good and fair people, then is it the problem systemic? If it’s a matter of bad cops, and if it’s a small minority, is the problem institutional? Police officers see themselves as protectors. They understand the strained relationships and the history of race relations, yet they became cops. Within this environment, why would a purposely racist person join the ranks of law enforcement? How do you make a biased cop change? We have spent decades investigating and polygraphing people who want to become cops to weed out those who will create problems and cost cities hundreds of millions of dollars in lawsuits. How did that system fail?”

The Death Of George Floyd-Riots-And What Happens Next? (2020, June 01). Retrieved June 02, 2020, from https://www.crimeinamerica.net/the-death-of-george-floyd-riots-and-what-happens-next/

How did that system fail? I was looking at the hiring process of a police officer and what really struck me is that it’s actually quite the thorough process; from background checks, to a psychological examination to a written and oral exam, where scenarios are given to put their skills to a test and see whether or not they are fit to become cops.

So what happened with Derek Chauvin? because quite frankly, he had a resume that should have been seen as concerning and alerting.

It boggles my mind that a man like Chauvin, not only passed his background check, because it appears this man has a violent side to him, but what kind of scenarios were presented to him during his exam? Also, what I like to know or question is whether or not police officers are required to participate in workshops or trainings relating to race, culture and ethics. This has happened way too many times, is the system just set up to fail? I know we see it in movies from time to time, where cops, bigger agencies, the government itself is shown as being corrupted, but is it really this bad? how are these “neglectful” and “biased” police officers getting hired? how is it that they are passing these steps through their hiring process when clearly they are not fit to represent and protect us.

Now something that I want to establish is that I do not believe that the wrong doing of “bad cops” speaks for all cops. Absolutely not. I happen to know good cops, kind-hearted ones for that matter who are mortified by what is happening at this moment. I have also encountered really shitty cops, even creepy ones, from personal experience. Back in 2014, as I was leaving a nightclub, a cop outside the club called me over, literally grabbed my hand and phone and said to me “If you are looking for a good fuck, call me.” Who the fuck says that to a woman? this was harassment and clearly abuse of power.

Same goes to African-Americans, who are constantly categorized as criminals because of the wrong actions of a few black individuals, same for the Hispanic people, who are labeled as rapists, murders, thieves and “illegals,” when the majority of us (I am Hispanic) aren’t any of it. Even for White folks, not all of them are racists, except for “Karens’,” which by the way as humorous as it is, my name is Karen, so I am not really taking that lightly.

Here is an example of what I am talking about:

Taken from: http://interculturalexplorations.blogspot.com/2010/08/stereotypes-and-generalizations.html

With that said, the way I see it, this is a huge systemic problem. This has been going on for decades. The abuse of power we experience everyday is undeniable. The reality is that we need social reform, policy change and more training or workshops among agencies, including law enforcement. The same law needs to be reinforced and implemented on any individual, no matter their social status, or whatever agency they represent; when the rights of a human being are violated and a crime has been committed, there needs to be accountability and these people need to be held responsible for their wrong doing.

ME, I said it!

Listen, I don’t think many understand the real issue here, although I could certainly see negative emotions taking over common sense, given the recent inhumane actions; most African Americans right now, are protesting for the injustice killing of many innocent black lives, including George Floyd’s. For the most part, and I am certainly leaving the individuals who are clearly taking advantage of this situation” by looting, being violent towards other police officers and destroying properties,” out because I want our focus to be on the protesters that are doing this for the right reasons. These individuals are not stating that ALL police officers are racist bigots, or to blame for this broken justice system nor do they mean harm or are promoting killing the police. We are human beings. Their message is bigger than that, it’s the fact that with given evidence, they are often targeted for their color of their skin, and are being treated like animals, to the point they are being executed publicly. You need to understand the history, trauma and their suffrage; it’s not easy being black in today’s America, or for that matter it’s not easy being a human being from a different background or ethnicity in An America that is very much divided.

THIS IS AMERICA:

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  Supporters hold up signs before a rally with President Donald Trump in Tupelo, Miss., Monday, Nov. 26, 2018. (AP Photo/Thomas Graning)

Why has it been difficult to reduce racial bias? this is fundamental learning. Part of it is that a lot of it has been conditioned in people, “To understand why American policing is so fraught, you first have to understand its history. In the South, policing evolved from slave patrols, white vigilantes who enforced slavery laws; in the North, it emerged as a way to control a “dangerous underclass” that included African-Americans, Native Americans, immigrants and the poor. “Policing’s institutional racism of decades and centuries ago still matters because policing culture has not changed as much as it could, the roots of racism in American policing, first planted centuries ago and have not yet been fully purged.”(Bokat-Lindell).

You know I am not here to justify the wrong actions of others, and by others I mean all individuals who represent each one of us because of what we do for work and where we come from, because I know as human beings, we are not perfect and unfortunately, we do live in a world where evil does exist and bad people exist. What I want you to consider is a couple of things: 1. WE must accept that Racism is still an issue. Oppression is still an issue. Discrimination is still an issue. Violence is still an issue. Crime is still an issue. Poverty is still an issue. I can go on really, but I am sure you get the point. 2. WE must also accept and recognize that one or I guess in this case, a group’s wrong doing does not represent a whole agency or ethnicity. For instance, a crime made by one Hispanic or black, does not represent the whole African-American community or Hispanic Community. A prejudice and biased social worker, does not represent other social workers. A crooked lawyer or politician does not represent others within their own agency…and yes, a bad cop’s wrong doing, does not represent all cops. You get my point right? and lastly 3. Solidarity, Compassion, Empathy and Listening is needed right now, each and every single day….you see, even though we are all different, including our political views, at the end of the day, we just want peace and unity. We don’t always have to meet eye to eye, but we also can’t stay silent and pretend that what happened to George Floyd wasn’t murder. Our silence and ignorance is what continues to kill people. Think about it, we have a purpose in life, we are better than this, we can be better than this. Everything stems from home. What we teach our children, it’s what they will practice and/or fear. Spread love not hate. Listen and allow others to express themselves, that is their right. Try understanding where their pain is coming from. Unless you’ve walked in their shoes, we can’t be prejudice and make assumptions.

I think I’ve said enough, so I’m going to go ahead and leave you with this:

References:

Bokat-lindell, S. (2020, May 28). Why Is Police Brutality Still Happening? Retrieved June 02, 2020, from https://www.nytimes.com/2020/05/28/opinion/minneapolis-police-brutality.html

Haddad, M. (2020, May 31). Mapping US police killings of Black Americans. Retrieved June 02, 2020, from https://www.aljazeera.com/indepth/interactive/2020/05/mapping-police-killings-black-americans-200531105741757.html

The Death Of George Floyd-Riots-And What Happens Next? (2020, June 01). Retrieved June 02, 2020, from https://www.crimeinamerica.net/the-death-of-george-floyd-riots-and-what-happens-next/

Chapter 6: Child Abuse & Child Negligence, A Systemic problem.

Four-year-old Noah’s death on July 6 follows the deaths of two other Antelope Valley boys — 10-year-old Anthony Avalos of Lancaster in June 2018 and 8-year-old Gabriel Fernandez of Palmdale in May 2013 — who were found to have suffered severe abuse in cases that raised questions about the effectiveness of DFCS personnel and policies (The Antelope Valley Times).

As National Child Abuse Prevention Month approaches in April, I thought this post could be a way to encourage our community to continue the fight against child maltreatment and advocacy for the rights of our children.

I’d like to say two things before we begin. One is that I am currently obtaining my master’s in social work and I have about 4 years of experience in the field. Two, If you have not watched The Trials of Gabriel Fernandez on Netflix, I highly advise you to do so.

What is CHILD MALTREATMENT?

Child maltreatment can involve a number of different forms of violence, including sexual abuse, physical abuse, emotional abuse and neglect (Saferspaces).

After watching the trials of Gabriel Fernandez, as a social worker, I felt embarrassed, disgusted, doubtful and frustrated. As a mother, daughter, wife, friend, and a member of our community; I felt angry, disappointed, horrified and disturbed.

The docu-series in Netflix sheds light on how Gabriel’s death could have been prevented if the system had done their job properly. Gabriel was just 8 years-old when he died after enduring months of abuse by his mother Pearl Fernandez and her boyfriend Isauro Aguirre. During the eight months that they had custody of him, the couple put out cigarettes on him, shot him in the face with a BB gun, made him eat cat litter and feces and forced him to sleep in a locked cabinet, often while gagged and bound. His first grade teacher Jennifer Garcia called DCFS multiple times to report he was being abused. However, each time she called, Gabriel would suffer more abuse as a result (Tron).

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As I go back and forth and go over the details in Gabriel’s case, from my perspective, and keep in mind that I am also a social worker, the group of social workers assigned to Gabriel’s case and their supervisors were in fact to blame for his death. Part of the problem demonstrated in the series was the limitation Gabriel’s teacher had to protect him; she could only do so much due to her school’s own rules and own protocol. Even if she wanted to keep him at school or even take him somewhere else, it was not her call to do so. Any human being whose job is to work with children, they are mandated reporters. If there is suspicion of child maltreatment or actually witnessed it, these mandated reporters must contact DCF’s hotline and then a report is filed. After that, an investigation takes place. You can also contact the police if there is suspicion of maltreatment.

In Gabriel’s case, I have to say, without disrespect, that the law enforcement of the City of Palmdale in California was at fault too and I do believe there should be consequences for the officers involved who neglected Gabriel. Court documents showed that deputies visited Gabriel’s home multiple times during the eight months he was being tortured and beaten. But the deputies found no signs of abuse and did not file paperwork that would have led specially trained detectives to do more investigating (Winton & Chang). There were no interviews made by the officers when they were at the house, no follow-ups, they just simply sided with Gabriel’s mother and neglected this poor vulnerable boy. In fact, in the series you learned that prior to the mother getting Gabriel back home, Gabriel’s grandparents, Robert and Sandra Fernandez, asked the Sheriff’s Department to mediate the custody dispute, telling Deputies Adam Hilzendeger and David Nisenoff that Pearl had a history of neglecting and physically abusing her children (Winton & Chang). nonetheless, Gabriel was back home with his mother and her boyfriend.

From Left to right: Social Workers Patricia Clement, 69, Stephanie Rodriguez, 34, and their supervisors, Gregory Merritt, 64, and Kevin Bom, 40.

Ultimately, DCFS closed Gabriel’s case without a medical evaluation, shortly before he was killed on May, 2013. Although, four social workers were being prosecuted, their charges were dropped against them (Tron). They were being prosecuted and charged with one felony count each of child abuse and falsifying public records. Prosecutors had stated that the four social workers had minimized evidence of abuse and violated multiple policies, reporting that safety programs at Gabriel’s home were working at the time abuse was escalating. An autopsy report showed bruises, fractures, and cuts all over his body including his groin as well as BB’s embedded in his body. If the case had proceeded to trial and the defendants had been convicted, they could have faced over 10 years in prison (ABC7). I believe the three-justice panel during their appeal, completely missed out an opportunity to set an example in the community as far as truly making these workers responsible for their own negligence. This happened under their watch. Their duty was to protect this child, it goes against what their so called mission is about; to protect children from violence, neglect, abuse and abandonment.

Gabriel was failed by the system. He was not once considered in this tragedy. I feel like there is no sense of community if we are neglected by higher authorities and overall society. Why is it always about reputation, monetary value, corruption and discrimination? What happened to compassion and dedication? whatever happened to standing up for what’s right? we all pledge to something, why not actually do it. In today’s world, there is an immense lack of compassion and knowledge about child maltreatment.”

ME

After learning about Gabriel’s case, I started doing research and was perplexed by my findings. DCF has been under fire in several states for child fatalities under their watch.

Florida Department of Children and Families

(Statista)

In Connecticut, the state I currently reside in, back in 2011, a 3-year-old girl was murdered under DCF’s watch.

Athena Angeles had two black eyes and a swollen face when she walked into a doctor’s clinic in Connecticut on Oct. 18, 2011. Court records say she had been punched in the forehead. About a month later, the 3-year-old girl showed up at her preschool with bruises on her face, lip and left nostril. She showed up with even more bruises on her face the next day. Then, at about 1:30 a.m. on Nov. 23, 2011, Athena was taken to the hospital with a fever and a laceration on the back of her head that required several staples. Court records say she had been shoved in a sink. The child was treated and taken home. Eighteen hours later, Athena, in cardiac arrest, was rushed back to the hospital. She had bruises on her abdomen and was bleeding internally. Court records say she had been punched in the stomach and rib cage. She died that day.”

Phillips, Kristine. “A 3-Year-Old Was Beaten to Death. Officials Knew She Was Abused and Ignored It, a Lawsuit Says.” The Washington Post, WP Company, 12 Oct. 2016, http://www.washingtonpost.com/news/true-crime/wp/2016/10/12/a-child-was-beaten-to-death-a-lawsuit-claims-officials-knew-of-the-abuse-and-ignored-it/.

Athena’s pediatrician and employees from her preschool all reported the suspected abuse to state officials. Yet, in at least five occasions, Athena was allowed to go back to an abusive home in Willimantic, Conn., where she lived with her mother, Rosa Gladis Diaz-Mendez, and her boyfriend, Fredy Alexander Chingo Riz (Phillips). DCF was fully aware of this little girl’s abuse yet did nothing to intervene and prevent her death. The state agency’s former commissioner, Joette Katz was quoted stating that detecting child abuse is not “an easy or simple task.” I feel though, if there are visible bruises and medical reports proving a child’s physical abuse, how hard is it really to detect it, when it is so obvious.

I am culturally aware, that in many countries, parents or caregivers, discipline a child differently. I know this, because in my country, the hands on method is often used to “straighten out a child’s attitude/behavior.” However, being in America, one thing I have learned is that putting hands on a child is not “the proper way” to discipline. This I found interesting considering race and ethnicity appeared to be a factor in child maltreatment. As posted above, there is a chart available for you to take a look at in regards to the number of child fatalities due to abuse or maltreatment in the U.S by race/ethnicity.

How do we go from here?

How do we as a community advocate for our children? How can we make the system understand the importance to protect and care for these children? Yes, I understand that DCF’s goal is to preserve the family, and work towards reunification in case a child is removed from the home; however, we have to stay objective and understand that at the end of the day, what matters and OUR JOB is to look out for the well-being of the child. What does that mean? well, it means that sometimes, abusive parents are not what’s best for these children. The truth is, that sometimes, certain caregivers are not the right fit and if a child approaches you and hints at you that he or she need rescuing, then you MUST LISTEN TO THAT.

DCF is known for their employee turnover and burnt out at work. It is true that supervisors have over 200+ children, and each social worker has about a 30 to 35 caseload. It is a lot, and part of their failure is structural. One must wonder, how much money goes into this agency and how is it really being managed? As social workers, we are often reminded of self-care, but with an environment like DCF, are they really taking care of themselves and/or is the lack of consideration a factor in the employee’s negligence with their cases? there are so many questions and unfortunately, no straight answers.

I am not here to influence you into thinking that all DCF workers are awful. Not at all, in fact, in many cases, although the social workers want to do the right thing, they still have to go over management and so on. For instance, in Noah Cuatro’s case, during a meeting, the two workers who had carried Noah’s case for more than three years combined expressed their deep, visceral fear that something terrible would happen if Noah were left with his parents. But, three other DCFS employees in the room – a child abuse investigator, her supervisor and a high-level manager who had recently been rotated into that position – argued that insufficient evidence trumped the gut instinct of the worried social workers. Noah would stay with his parents (Heimpel).

As you can see, it is a constant battle between us and the system. This is what I can leave you with: Voice your needs, encourage children to speak up (at least those who are able to talk.) Speak for those who cannot. We cannot allow these tragedies to keep happening. There has to be a way for our states to create new policies or revise their guidelines and protocols so children can stop dying out of the hands of their caregivers. Show these kids that you care and that you are listening and that they are not alone. It breaks my heart to witness so many deaths of such precious children, who did not deserve a tragic ending. I hope that the system improves, and chooses to do what’s right for the well-being of the child.

Children are the world’s most valuable resource and its best hope for the future.”

John F. Kennedy

REFERENCES

City News Service. “LA County Board Says Shortage of Antelope Valley Social Workers Amounts to Crisis.” The Antelope Valley Times, 16 July 2019, theavtimes.com/2019/07/16/la-county-board-says-shortage-of-antelope-valley-social-workers-amounts-to-crisis/.

Heimpel, Daniel, et al. “EXCLUSIVE: New Details Reveal How Two Social Workers Fought, but Failed, to Save 4-Year-Old Noah Cuatro.” The Chronicle of Social Change, 20 Nov. 2019, chronicleofsocialchange.org/los-angeles/exclusive-new-details-reveal-how-two-social-workers-fought-but-failed-to-save-4-year-old-noah-cuatro/39063. 

Kabc. “Gabriel Fernandez Case: Court Says Social Workers Won’t Face Charges in Palmdale Boy’s Death.” ABC7 Los Angeles, 7 Jan. 2020, abc7.com/5820797/. 

Phillips, Kristine. “A 3-Year-Old Was Beaten to Death. Officials Knew She Was Abused and Ignored It, a Lawsuit Says.” The Washington Post, WP Company, 12 Oct. 2016, www.washingtonpost.com/news/true-crime/wp/2016/10/12/a-child-was-beaten-to-death-a-lawsuit-claims-officials-knew-of-the-abuse-and-ignored-it/. 

“Total Child Fatalities :” Florida Department of Children and Families – Child Fatalities, www.myflfamilies.com/childfatality/stateresults.shtml?minage=0&maxage=18&year=2020&cause=&prior12=&verified=. 

Tron, Gina. “Who Is Noah Cuatro, Another LA Boy Who Allegedly Had The Same Tragic Fate As Gabriel Fernandez?” Oxygen Official Site, 28 Feb. 2020, www.oxygen.com/true-crime-buzz/trials-of-gabriel-fernandez-who-is-noah-cuatro.

 Winton, Richard, and Cindy Chang . “L.A. Sheriff’s Deputies Disciplined after Horrific Torture Death of 8-Year-Old Boy.” Los Angeles Times, Los Angeles Times, 1 Jan. 2017, www.latimes.com/local/california/la-me-ln-gabriel-fernandez-sheriffs-deputies-20161222-story.html.