Youth within the Foster Care System Don’t Have “Families”

Families are the cornerstone of America’s social fabric. They are also the foundation for human development. Maslow’s hierarchy is a theory that people have a five-tier hierarchical set of needs: physiological needs, a need for safety, a need for love and belonging, a need for self-esteem, and a need for self-actualization. The family as a unit tends to create positive outcomes in almost all aspects of a child’s life because a family typically provides stability, love, comfort, support, protection, and a sense of belonging, along with so many other basic necessities that are essential to the overall development of a child. Although many children, especially children who are involved with the foster care system, emerge from what society considers “chaotic” families, those families still provide some sense of comfort and foundation for the child

Because children in the foster care system live apart from their biological parents, there is often times a disruption in their development of attachment and sense of belonging to their biological family, which occurs while they are trying to form new relations with their caregivers in the foster care system. If a child is provided with a secure and nurturing environment, he or she is capable of making positive developments; however, if the child is unable to find that security and comfort in at least one of their adult caregivers, he or she may begin to seek out and form attachments to undesirable social influences, such as gangs.

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Changing the System From Within: How Electing a New District Attorney Can Improve the Foster Care System

I. Introduction: Since most District Attorneys are elected, we must elect District Attorneys who embrace criminal justice reform.

Criminal justice reformers have a new strategy: electing new District Attorneys in order to change the system from within. District Attorneys (“DA’s”) are commonly referred to as prosecutors, and prosecutors represent “the People” of the state in which they work. This means that in everything prosecutors do, with the power they wield, they must keep in mind what is best for the victims, defendants, and people of their state. While the decisions of an individual deputy district attorney, in deciding what is best for “the People,” can influence the foster care system on a micro-level, the election of a Chief District Attorney can influence the foster care system on a macro-level. This is why criminal justice reform advocates have recently begun to utilize a new strategy to advance their cause: voting out the old DA in favor of a new DA who embraces commonsense criminal justice reform.

When a child is placed in the foster care system, that child’s life and the life of that child’s parents are changed forever. The same thing goes for when a child, or a child’s parents, gets incarcerated. These traumatic events have immeasurable lifelong consequences. At every waystation in the criminal justice system, the lives of all those who are touched by the system become irreparably impacted. Given that prosecutors have outsized influence and power in the criminal justice process, it is evident that examining the role of prosecutors is critical to understanding how the foster care system can be improved. While admittedly a crass and inexact analogy, if one were interested in reforming the beef industry, an examination of the roles of cattle farmers would be important to analyze. Concomitantly, an analysis of those who wield power in the criminal justice system, and who serve as de facto feeders into that system, is important to understanding how reform of the system can be most effectively undertaken.

Children with incarcerated parents and children in foster care often overlap. In fact, 40% of children in foster care have been exposed to parental incarceration at some point in their lives. Children with parents who become entangled in the criminal justice system are far more likely to enter the foster care system. In fact, each year, 14,000 children whose parents are incarcerated are placed in the foster care system. The criminal justice system exacts an often-heavy toll on the accused, however, that toll does not just fall on the accused him- or herself. The children of the accused suffer collateral consequences as a result of a parent’s experience with the criminal justice system. Since, in the criminal justice system, prosecutors have arguably the most power and influence, analyzing prosecutors’ roles in the system is thus imperative to understanding how to improve the foster care system. One solution is electing more District Attorneys who embrace systemic reform.

Over the course of my posts, I will discuss the influence the Chief District Attorney has on his or her deputy district attorneys and how that is relevant to the foster care and juvenile justice systems as a whole.

Continue reading “Changing the System From Within: How Electing a New District Attorney Can Improve the Foster Care System”

The Crossroads Between Gangs, Family, and Foster Care

“Blood is thicker than water” – an age-old, celebrated motto emphasizing the idea that family should come before anyone and anything else. This mentality has been and continues to be especially popular amongst members of the adolescent community. However, in light of such, that prompts a question about kids in the foster care system who lack the traditional “family” that kids who aren’t in the system have: who’s their “family”? 

My name is Sam Persaud and I am currently a third-year law student at Santa Clara University School of Law. Ever since I can remember, I’ve dreamed of becoming a prosecutor one day, so naturally I began working as a law clerk for the San Francisco District Attorney’s Office the summer after my first year of law school. Since then, I’ve worked in several different units within the SFDA’s Office, including the Juvenile Division. There, I saw the collaborative and restorative nature of the justice system in its truest form. However, I also noticed that a vast number of the youth who ended up in the juvenile justice system were kids from the foster care system.

What I found particularly concerning was that many of these children had some sort of gang affiliation. This prompted me to ask whether gangs are offering kids something that the foster care system lacks? Or whether gangs are simply manipulating this “blood is thicker than water” ideology to lure kids into their criminal enterprises? To explain these questions, I will explore whether gangs act as a substitute family for kids who come from dysfunctional home situations. In other words, are gangs pseudo families for children who crave a sense of belonging, and do kids join gangs to counteract attachment deficits?

I will begin this process by first examining why “families” are so important to the positive development of youth, and what exactly “families” provide that makes young people feel a sense of fulfillment that in turn allows them to thrive. In this same post I will explain why most children involved in the foster care system lack what traditional families provide, and why that ultimately leads to gang affiliations.

I will then explore why is it that so many gangs have family references despite so many gang members coming from dysfunctional families? (For example, Nuestra Familia, Aryan Brotherhood, Black Guerilla Family, and so on.) Is this a means of compensating for the absence of biological or nuclear family ties by replacing that with criminal, gang-related ties? Essentially, are gangs a substitute family who provide a sense of belonging for its young member? 

I will then explore theories about how gangs may feel like the only “family” these children have, and how we may be able to fix this problem by making effective changes in the foster care system. In order to fix the problem, we must first understand it, so I am excited to explore this topic with you all!