Letters

From the February 2000 issue

Systemic Woes

I very much enjoyed the story of Francine's adoption ("Adoption Pains," November). It was nice to hear a child welfare tale with a happy ending. But I'm afraid that Mr. Sullum has an inadequate understanding of those--by far the majority--that do not end well.

My first clue that he was off base was when he portrayed Paula Hepner as one of the villains of the piece. I worked with Judge Hepner in the mid-'80s, when I was a child welfare worker and she was a lawyer for the Administration for Children's Services (then known as Special Services for Children). She was a dedicated, tireless, and brilliant advocate for the well-being of the children we tried to serve. I don't believe people like her lose that fire.

I wasn't there when she handled Francine's case, so I will grant that she may have made a mistake. But if so, then I feel confident that it was an honest mistake, not one of whim or caprice. And Mr. Sullum can take consolation from this: If his criticisms are even a little bit just, Judge Hepner is likely to take them to heart and subject herself to intense self-examination. That's just the kind of lady she is.

I can assure Mr. Sullum that Judge Hepner was not thinking about her name in The New York Times that day. But he pooh-poohs that she might have been thinking about the following:

1) Joel Steinberg. Mr. Sullum regards it as unlikely that he might be a Joel Steinberg. But of course it was Judge Hepner's duty to try to be sure, not to play percentages. Mr. Steinberg practiced as an adoption lawyer for many years and abused his position to adopt the little girl whom he later tortured and murdered.

2) Lawyers. Mr. Sullum tells us that his lawyer made assurances to the judge. Mr. Sullum, do you routinely trust the assurances of lawyers?

3) The grandmother. Mr. Sullum describes the grandmother as "legally blind and in poor health." His wife was the grandmother's chaplain during a period of bereavement. Wouldn't he expect a judge to make sure consent was given freely, knowingly, without undue influence, and solely with Francine's interests in mind?

4) Relatives. Mr. Sullum tells us that there were no relatives other than the grandmother to assert a claim to Francine. But how could Judge Hepner be sure?

One of Mr. Sullum's most precious possessions today, I'll bet, is the knowledge that Francine's adoption cannot be overturned. To accomplish that power of finality the law goes to lengths to see that all claims are resolved beforehand.

I understand that Mr. Sullum is unhappy with a ruling which presumably sent Francine back to be tied once more into a wheelchair. But I think his anger is misplaced. What kind of hospital ties up a 3-year-old because it cannot give her a safe play environment?

I am sure that the quality of service he received from ACS was atrocious. The most able and (especially) most motivated workers are usually sent to the "front lines," that is, to investigate abuse and neglect reports. This is a job of mind-boggling awfulness. Most quit and many of the rest burn out. The burnouts, and those not considered top-grade from the start, are frequently shuffled into the support jobs. The adoption unit would likely have been one of those.

Child welfare is an awful career path, and in New York, thanks to Mayors Koch and Giuliani, it has gotten worse. The job pays terribly and has now been reduced to a single promotional opportunity.

Mark Reid
Mineola, NY
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I was saddened to read about the ordeal Jacob Sullum had to go through to give Francine a warm, loving home, particularly how professionals would risk moving a child from foster home to foster home or use it as a threat. I have worked in state foster care and adoption for 12 years. I have seen the trauma, loss, and lifelong problems children experience from multiple moves. The Sullum's daughter will have enough to deal with in her life having lost her birth mother.