familiesâexcept for adoptions, when everyone is happyâbut today the collapse seems total. This is DSS day, when two of the six courtrooms are set aside for the Department of Social Services to prosecute abuse and neglect cases. The waiting rooms are crammed with parents. The best of them are only adolescents themselves, who have no clue how to take care of a child. For a few of these, the systemâa warning from the judge, parenting classes, monthly visits from the social workerâmay work the way itâs supposed to, but then there are the repeat offenders: the mother who leaves her toddler locked in the closet while she runs out for cigarettes, the father who smacks his kid hard enough to leave bruises. For these there are no easy fixes. Remove the child from the mom, and heâs bounced from foster home to foster home. Give the dad a second chance, and tomorrowâs headline may be a judgeâs nightmare.
Like every lawyer who practices in Family Court, I do my share of these pro bono cases. Iâm searching the room for my client when the clerk calls the case: âDepartment of Social Services vs. Tina White and Alfred Driggers.â Itâs a neglect case. Someone called DSS to report that the baby had been left alone. By the time the police arrived the mother had returned, but when DSS sent a social worker in to investigate, he found that the baby was seriously underweight.
I met with Tina White a week ago. She was an hour late for the appointment. âMissed my ride,â she said. I studied her as she answered my questions: thin, pale hands trembling, her face much older than her eighteen years. Iâd seen faces like this before. No, she said, she didnât use drugs, didnât drink âexcept a few beers now and then.â The father âdonât come around much âcause I bug him about the child support.â She admitted leaving the baby alone âfor just half an hour while I walked to the grocery store. I didnât want to wake him up âcause he had a bad night, bawling his head off.â No, she had no idea why the baby, three months old, wasnât gaining weight. âHe throws up a lot, though. My mother says I was the same way.â While she sat in my office I called the clinic, made an appointment for her to take the child in the next day, got her to sign a medical release, explained what would happen at the hearing. âThey canât take him away from me,â she said before she left, tears trailing down her cheeks. âThey got no right.â
And now she doesnât show up for court. I do the best I can. âYour Honor, she lives in McClellanville. She doesnât have a car or a telephone. Iâm sure sheâs on her way; if Your Honor could take the next case on the docket untilâ¦â But I donât sound convincing, even to myself. The father hasnât shown up eitherâundoubtedly heâs afraid of going to jail for nonpayment of child support. The guardian ad litem for the baby, a young lawyer whoâs pro bono like me, has no choice but to agree with the departmentâs request for temporary custody, and the judge orders DSS to pick up the child immediately and place him in foster care.
None of this is your fault , I tell myself as I ride the elevator down to the first floor, where I can at least escape the overheated courthouse. Itâs almost dark, time to get home to relieve Delores. Iâm thinking about what weâll have for dinner when I hear a familiar voice. âSo, youâre not speaking to me?â Itâs Joe, my ex.
âSorry, I didnât see you.â
âBad day?â
âA DSS hearing. The usual. Depressing.â
âYou okay otherwise?â
âNo complaints,â I say. Since the dog case weâve abided by the terms of an unspoken agreement: We wonât talk about anything personalâhis marriage, my relationship with