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Emphasizing the Importance of Family Visits for Children Living in Foster Care

Posted on June 23, 2020

Legal Intern Sarah Schneider

The importance of frequent, ongoing contact between children living in foster care and their parents and siblings cannot be overstated. Quality visits increase the likelihood of parent engagement and a successful reunification. Acknowledging this, the NJ Children in Court Improvement Committee created a visitation bench card with the applicable law and questions to ask at every hearing to ensure that frequent and appropriate visits occur between children living in foster care and their families. You can find a short video explaining the bench card here. In February 2020, the federal Children’s Bureau, an office of the federal Administration for Children & Families, issued an information memorandum, which outlined research, best practices and recommendations for quality family time.

COVID-19 has dramatically changed how families interact, since most visits are now occurring remotely. However, the pandemic cannot limit these important interactions if our goal is reunification. On March 27, 2020, Jerry Millner, Acting Director of the Children’s Bureau, wrote a letter to child welfare leaders stating that courts should not issue blanket orders reducing or suspending family time during COVID-19 and should hold child welfare agencies “accountable for ensuring that meaningful frequent family time continue.” While this task may be daunting, it is possible. And as New Jersey begins to reopen, there should be more opportunities to arrange for in-person family time in parks, backyards and other public spaces. All stakeholders need to think creatively and not accept the status quo as good enough.

The New Jersey Department of Children and Families (DCF) guidance concerning family visits indicated that parent-child and sibling visitation is “important now more than ever to reassure children that their parents and/or siblings are safe, and to maintain and strengthen family bonds and positive attachment during an otherwise uncertain time.” The guidance includes a list of age-appropriate activities to help parents and children connect through the screen, and some questions to ask when considering in-person visits. The information shared by DCF, as well as guidance from other organizations including the Children’s Bureau visitation resources can be shared with parents and resource parents. We all need to help parents and children make the most of remote visits while we work to arrange more in-person family time. See ACNJ fact sheet for more tips.

Updated as of July 13, 2020 - The New Jersey Department of Children and Families (DCF) has released new guidance regarding in-person family visitation. Read more here.

The Workforce Behind the Workforce: Child Care Workers and the Need to Address Their Compensation

Posted on June 22, 2020

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By Cynthia Rice, Senior Policy Analyst, ACNJ and Meghan Tavormina, President, NJAEYC Co-Chairs, Think Babies Child Care Workgroup

It was no surprise when Governor Murphy deemed child care an “essential service” as part of his stay-at-home executive order in March. Parents working in hospitals, nursing homes, food and drug stores and gas stations could not have gone to work without a safe place for their children to be cared for and educated.

And the child care community rose to the occasion.

While public schools were required to close, approximately 500 of New Jersey’s 4,200 child care programs remained open to educate and care for children whose parents were needed to provide for our neighbors. These programs’ teachers and aides came to work every day, providing nurturing and caring experiences under new stringent standards that included social distancing, wearing face masks, frequent hand washing, cleaning and temperature checks. These increased standards—and increased work—was all meant to keep children and staff safe and healthy.

For many child care staff, however, one thing that didn’t change was their salaries. Even during a pandemic, when child care was deemed an essential service and staff were responsible for caring for young children, their wages continued to be low.

Many child care workers make less than cashiers and other entry-level jobs. In fact, most early childhood educators earn so little, they qualify for public benefits, including programs they work for because those programs target low-income families. And according to New Jersey’s 2018 Early Childhood Workforce Index, the median wage for a child care worker was $11.51, with 51 percent of these workers being eligible to participate in one or more public income support programs. Cynthia Soete, President of the Coalition for Infant Toddler Educators (CITE) shares the constant challenge of this reality. “Finding qualified staff has always been hard because of what we pay our early childhood care workforce. It will now be even harder because their responsibilities will increase in order for us to meet the new safety standards. We are asking so much from them professionally, for so little compensation.

The problem of child care’s continued low staff salaries became glaringly evident in recent months when child care directors reached out to their staffs to discuss reopening. Many directors got “pushback” from their staff because they were making significantly more money on unemployment than they would if they returned to work.

Some directors are finding that their staffs are also hesitant to return to work because of safety reasons. They fear that they are putting their own health and the health of their families at risk because they will be working with a population in which enforcing social distancing is an uphill battle.

Young children are not wired to stay six feet apart. They want to play together and hug each other and our staff, and that makes social distancing very difficult,” said Stephanie Anderson, Director, West Essex YMCA Peanut Shell Early Childhood Learning Center in Livingston.

Finding new jobs offering the same or often higher salaries with a lower risk of infection is far more enticing to child care staff, particularly since many programs do not offer health insurance and private-paid insurance is often out-of-reach to these low-wage employees.

“We find ourselves competing with Walmart and Target, and often, we cannot,” said Winifred Smith, Senior Director, Zadie’s Early Childhood Centers in Summit and East Orange.

One of the biggest lessons from this pandemic experience is that we all need child care. It was essential to support employee families who were on the front-line of the emergency and remains essential as our state reopens the economy. We have learned that child care is “the workforce behind the workforce,” and parents cannot return to their jobs if their child care options have been drastically reduced. But that means that a stable, qualified workforce needs to be in place. That can only happen when the compensation of child care staff moves towards matching the “essential” role they play in the health and development of the children they care for and educate every day.

As highlighted in the National Association for the Education of Young Children’s (NAEYC), Power to the Profession, assuming comparable qualifications and experiences, child care salaries must reflect compensation on par with other educational colleagues, such as kindergarten teachers. This is no easy feat at a time when the economy is struggling as a result of COVID-19’s overall devastation. But we can’t return to a system that was not meeting or addressing the needs of the child care workforce.

Whether it is bigger federal or state investments, new systems or new laws that will provide child care staff with other forms of revenue, like child care tax credits, we need to make workforce compensation a higher priority. Doing so is directly linked with both the success of our children and our economy. We must learn from our experiences and improve the compensation of our child care workforce. Otherwise, staffing problems that became glaring during the last few months will continue to impact the quality and accessibility of the child care infrastructure that remains and will not allow our economy to have a fighting chance in moving towards a “stronger and fairer” New Jersey.

A Father’s Day Letter to Aviv: They Will See You Were Here and You Were Counted #Census2020

Posted on June 19, 2020

Policy Counsel Peter Chen and son Aviv.

Dear Aviv,

You can’t read this yet. By the time you can, the 2020 Census will be long over. I will be working on some different project or campaign at my job, moving towards a brighter future for New Jersey’s children, including you. You’ll be riding your bike or playing with friends. And you probably won’t be interested in what your dad worked on when you were a baby.

But your count in the 2020 Census will be just as important then as it is now. And it's important that we fill it out. Just like your family and friends will need to fill out theirs.

Your Census entry from 2020 reads “0” years old. You were so small when I filled it out that I could still hold you with one arm. Now just 3 months later, you’re already so much bigger, and I am in constant awe of how quickly you are growing. Just think about how big you’ll be when the 2030 Census comes around!

Being a father makes being a child advocate more personal. At work, I work with community groups and local officials to encourage New Jersey residents to complete the 2020 Census. I tell folks that we need fair funding for schools and hospitals, fair representation in Congress and accurate data for planning.

But when I filled out the Census for you, it wasn’t really about those things. It meant caring for and protecting you, and helping to build a world that is better than the one before. And completing the Census helps ensure that you are seen, that you are important and that big, important, powerful institutions must recognize that you exist - all 20 chubby pounds of you.

It’s not all about you, either. Counting you helps other families and their babies too. The block we live on in Newark is particularly hard to count for the Census. A lot of children who live in our neighborhood might not be included on their family’s Census response. That means that all of the schools in our Census tract may have less money for crayons, books and more because we didn’t count everyone.

Parents want what’s best for their kids. But the connection between a Census questionnaire and a decade’s worth of teacher salaries and health care funding is difficult to make. So when I filled out your information in the Census, I was doing it not only for you, but also for all the other children who will be your classmates, friends and neighbors for years to come.

One day far in the future, when your children or grandchildren look back at the 2020 Census, they’ll see our family in our home. They won’t see how much we love you or how quickly you’ve grown. But they will see that you were here and you counted.

School Districts Need More Concrete Guidance During COVID-19

Posted on June 16, 2020

Nina Peckman, Staff Attorney
Nina Peckman, Staff Attorney

Since the COVID-19 pandemic, advocates and school districts have been struggling to overcome barriers to placing all New Jersey children on a path to a bright future through a quality education. Now, school closures caused by the virus necessitate virtual education, which has dramatically exposed and even exacerbated the inequalities and inequities in our education system. More defined guidance from the State on how to proceed is critical now, since September is just a few months away. Public education will most likely be provided virtually, either completely or in part, continuing to exacerbate the disparities of students with special needs, students of color, low-income or who do not speak English.

The broad language of the state’s existing regulations, Governor Murphy’s COVID-19-related executive orders and guidance issued by the New Jersey Department of Education (NJDOE) since schools closed may contribute to the persistent and growing problem of disparate and inequitable education services. According to NJDOE's March 5th and March 13th guidance, schools were required to develop "health-related closure preparedness plans" while still offering 180 school days. Plans were to be guided by existing home instruction regulations that require instruction by a certified teacher, and is generally understood to require in-person home instruction for a minimum of 5 hours weekly and other supplemental educational and support services, as necessary. According to Governor Murphy's March 21st executive order, school districts were given "authority and discretion to determine home instruction arrangements as appropriate on a case-by-case basis to ensure that all students are provided with appropriate home instruction, taking into account all relevant constitutional and statutory obligations."

The broad definition of home instruction has proven to be problematic. According to news reports, parent surveys, various school staff and parent advocates, many districts have provided minimal or no direct instruction for both regular and special education programming. In addition, on May 5th, NJDOE instructed schools to post the district's school plans on their website by May 22nd, which, at a minimum, were required to describe their "remote learning plan to maximize student growth and learning to the greatest extent possible." A survey of several district plans revealed this general guidance deepened the disparities between districts.

While some districts provide daily or weekly live instruction and have maintained regular phone/email contact with students, teachers in other districts are only required to provide and review assignments if returned and answer student questions. Districts have been facing challenges providing remote learning, accommodating ESL students and their guardians who do not speak English and students who have disabilities.

For these reasons, schools, students and their parents would benefit from specific guidance and technical assistance from NJDOE. This may also be an opportunity for NJDOE to review existing regulations and guidance to better define what home instruction should mean, so that districts across the state can provide instruction in a more consistent manner and in a way that meets the individual needs of all students.

On June 1st, the New Jersey Special Education Practitioners wrote a letter to Governor Murphy and Commissioner Repollet on behalf of all New Jersey students requesting that the NJDOE issue specific guidance to school districts to define "instruction" as including some form of teaching, such as virtual/remote lessons delivered by the students' teachers both synchronously (live direct instruction) and asynchronously (recorded direct instruction that can be accessed at any time), including opportunities for meaningful discussions and direct feedback. NJDOE was also asked to specify a minimum amount of instruction. If a district cannot provide remote instruction to its students that meets the NJDOE definition, NJDOE was asked to require the district to submit a description of the specific barriers to providing this instruction and work with the district to surmount them.

Parents who believe their children are not learning or struggling due to lack of regular contact or live instruction by school staff should consider contacting their school administrators to request more direct support from school staff. If this does not result in more effective instruction or help, parents can email a request for assistance from their county education specialist (regular ed) or county supervisor of child study (special ed). For any questions regarding education rights, please contact Nina Peckman, Staff Attorney at npeckman@acnj.org or 973-643-3876.