Throughout the nature of all beings, parents are those who raise their children and have the responsibility for them as well as the right to raise them in the way they see appropriate. Since only the human beings developed its literacy they were the only ones who codified this right of having and raising children. In the United States, the Fourteenth Amendment to the Constitution comprised a statement that “no state [shall] deprive any person of life, liberty, or property, without due process.” (U. S. C., 14th Amendment, 2016, Web) In Mayer v. Nebraska (1923), the Supreme Court of the United States had affirmed that under the term “liberty” it had to be understood “the right of the individual to establish a home and bring up children according to the dictates of his own conscience” (Mayer v. Nebraska, 1923, n. p.)
In the last decades of the nineteenth century, along with the case of Mary Ellen Wilson, appeared the first signs of organized child protection, and the Society for the Prevention of Cruelty to Children (SPCC) was established in 1874 in New York. Very short after that many non-governmental organizations for child protection were organized across the country. There were thirty seven by 1880 and by 1922 the number of such organizations in the United States already exceeded three hundred.
While the citizens’ charity was entirely involved in the process of protecting children, the federal authorities were not. During the Conference on the Care of Dependent Children that took place in the White House in 1909 it was recommended a Federal Children’s Bureau (CB) to be created. Such bureau was established in 1912. The authors of the project: National Child Abuse and Neglect Training and Publications Project (2014). The Child Abuse Prevention and Treatment Act: 40 years of safeguarding America’s children described Children’s Bureau as an unit with broad authorization to investigate and report all issues connected with the welfare of all children in the country, including all classes of people, to investigate issues as children mortality, orphanages, the birth rates, children’s diseases, accidents with children, juvenile courts and programs, employment, and legislation relating children in certain states and territories. The most important about the establishment of that bureau was that for the first time the Congress of the United States officially admitted that the federal government bears “some responsibility for the welfare of children.” (National Child Abuse and Neglect Training Project, 2014, first page)
During the Great Depression the charity that depended only on donations suffered a lot and that fact called for greater involvement of the federal government. It was believed that the legitimate role in covering the people against the widespread misery belonged to the federal government. In 1935 President Franklin D. Roosevelt answered those expectations with signing into law the Social Security Act. (Ibid, 2014, p. 2) The Act started a group of programs to help various groups of Americans that came as addition to the program of social insurance for workers that had retired. The act also comprised unemployment insurance, assistance of the old-aged citizens, it ensured aid to dependent children, and grants to the governments of the states to provide different structures of medical care. (Social Security Act, 1935, n. p.)
During the 1960s, the Media in the United States increased its attention on such phenomena as child abuse and neglect and called for more energetic actions. The Children’s Bureau answered to that call on January 15, 1962 sponsoring and organizing a meeting in Washington D. C. where the issues were discussed and mapped out measures to support states and communities in their efforts to solve the problem. Judges, lawyers, pediatricians, social workers and other appropriate experts from all parts of the country, took part in the discussion. They agreed upon the conclusion that the legal, medical and social work societies had to devote all their energies for the treatment of the child’s abuse and neglect problem. The recommendations were that the Children Bureau had to spread the information among all professions which dealt with children and that the legislation needed to be explored further. The second meeting in May, also organized and sponsored by the CB, worked out the basis of a statute which had to serve as a model for action of all people and specialists involved in the children well-being as layers, law enforcement officers, hospital administrators, pediatricians, social workers, etc. Special legislative forms for reporting suspected child abuse were spread by the CB among the hospitals and doctors dealing with children.
Howard Markell cited in his article Case Shined First Light on Abuse of Children, NY Times 2009, the words of the little Mary Ellen McCormac before the court “Mamma has been in the habit of whipping and beating me almost every day,” the little girl testified. “She used to whip me with a twisted whip — a rawhide.” (Markell, 2009, n. p.) This landmark case, concerning child abuse, was brought before court in 1874 by the American Society for the Prevention of Cruelty to Animals (ASPCA), reveals the sad story of little Mary who remained orphan when she was very little and after spending unhappy time in foster home she was adopted by the Manhattan couple McCormick where the mother, a very unhappy woman, regularly beat her. At that time there were no laws concerning the physical child abuse and therefore law enforcement agencies did not exist. The attention of the neighbors was attracted by the severely battered child and they complained to the Department of Public Charities and Correction which dealt with the administration of city’s workhouses, almshouses, orphanages, insane asylums, jails, public hospitals, etc.
Howard Markell wrote that “Even the hard-boiled investigator assigned to Mary Ellen’s case, Etta Angell Wheeler, was shocked and became inspired to do something.” (Ibid)
Disappointed by the lack of laws concerning child-protection, wheeler turned to the ASPCA which proved to be an intelligent move. The society’s founder Henry Berg was impressed by her case and saw her as a creature that needed protection as the horses he used to save from violent owners. He engaged the prominent lawyer Elbridge Gerry who filed the case to the Supreme Court of New York State on the grounds of novel use of habeas corpus arguing that “there was good reason to believe that Mary Ellen would be subjected to irreparable harm unless she was removed from her home.” (Ibid) The court found Mrs. Connolly guilty and decided her rights for adoption suspended. Etta Wheeler, her mother and her sister adopted Mary and raised her in a good health and happiness.
Inspired by Mary Ellen’s case, Bergh, the lawyer Gerry and the famous philanthropist John D. Wright established, in December 1874, the New York Society for the Prevention of Cruelty to Children that was considered the first agency for child-protection in the world.
Nowadays many programs for training foster parents have been implemented but still they do not give the expected results. One of the basic problems is that the families which provide foster care for children look at the matter as a source of money and not as a personal dedication. Most of them are not well trained as good parents who will provide the best possible education and good breeding of the children they are entrusted with. Usually the foster parents are simple people, who are failed in other initiatives for personal realization and many times they compensate their spiritual poverty with abusing the children who are in their custody.
As a conclusion it may be wished that the people who undertake to provide foster care, as well as the related legislation will be overlooked again, so the children who are subjected to that care will be raised as healthy and self-confident members of the society.
Reference
Markell, H., 2009, Case Shined First Light on Abuse of Children, New York Times, Retrieved on May 31, 2016 from www.nytimes.com/2009/12/15/health/15abus.html?_r=0
Mayer v. Nebraska, 1923, 262 U.S. 390 (1923) Supreme Court of the United States, Web, Retrieved on May 31, 2016 from https://supreme.justia.com/cases/federal/us/262/390/case.html
National Child Abuse and Neglect Training and Publications Project (2014). The Child Abuse Prevention and Treatment Act: 40 years of safeguarding America’s children. Washington, DC: U.S. Department of Health and Human Services, Children’s Bureau. Web Retrieved on May 31, 2016 from www.acf.hhs.gov/sites/default/files/cb/capta_40yrs.pdf
Social Security Act of 1935, Pub.L. 74–271, 49 Stat. 620, Web Retrieved on May 31, 2016 from www.ourdocuments.gov/doc.php?doc=68
United States Constitution, Fourteenth Amendment, Web Retrieved on May 31, 2016 from www.law.cornell.edu/constitution/amendmentxiv
