Judging Parents, Judging Place: Poverty, Rurality and Termination of Parental Rights
Lisa R. Pruitt
University of California, Davis - School of Law
Janet L. Wallace
affiliation not provided to SSRN
April 14, 2011
Missouri Law Review, Vol. 77, p. 95, 2011
UC Davis Legal Studies Research Paper No. 253
Parents are judged constantly, by fellow parents and by wider society. But the consequences of judging parents may extend beyond community reputation and social status. One of the harshest potential consequences is the state’s termination of parental rights. In such legal contexts, the state assesses parents’ merits as parents in relation to a wide array of their characteristics, decisions and actions, including where the parents live.
Among those parents judged harshly in relation to geography are impoverished parents who live in rural places. We argue that such judgments are unjust because poor rural parents often do not have ready access to state support in the form of programs that would permit them to be better parents. That is, spatial obstacles may prevent these parents from meeting their children’s first order needs by gaining access to public benefits. Rural parents are often similarly without reasonable access to the types of services and programs that would enhance their parenting skills, either because such programs are not offered in rural places or because the transportation obstacles to reach the programs are too great. We thus highlight the state’s hypocrisy in judging rural parents, including these parents’ failure to avail themselves of public services, even as the state fails to make meaningfully available the very assistance and services that would enable them to be better parents.
In considering termination of parental rights in rural contexts, we survey cases that have used rural residence as a strike against a parent in termination proceedings. Our critiques based on these cases fall into three categories: First, while courts have stated that poverty is an impermissible basis for terminating parental rights, cases reveal that place may become a proxy for poverty and may be cited to justify removal of a child or termination of parental rights. Second, courts sometimes make decisions based on rural stereotypes, and these decisions may disserve rural families. Third, and in a similar vein, courts sometimes fail to account for rural realities when making child welfare decisions about populations and circumstances with which they may be less familiar. In short, courts often impose impractical expectations upon parents. All of these critiques call particular attention to the plight of rural families, who – like rural people and places generally – often are overlooked in the increasingly metrocentric realm of law and legal scholarship.
Number of Pages in PDF File: 54
Keywords: termination of parental rights, rural and urban, geography, rural, poverty, family law, social services, child protective services, parenting plan, transportation, health care
JEL Classification: I3, K10
Date posted: April 15, 2011 ; Last revised: February 22, 2012