Limbaugh moves for reforms to protect children

JEFFERSON CITY, Mo. -- Missouri Chief Justice Stephen N. Limbaugh Jr. called for major reform in the state's foster-care and family-court system before a joint session of the General Assembly on Wednesday.

Fixing the breakdowns in the system to protect Missouri's most vulnerable children will require cooperation among the judicial, legislative and executive branches of government, Limbaugh said. For unity of effort, Limbaugh announced a commission composed of representatives of all three branches to consider solutions and propose any necessary legislation.

"We must have a common understanding of the problems," Limbaugh said. "We must devote our full resources to the solutions. And together, we must win the day for our children."

The focus of Limbaugh's speech, which the chief justice annually gives to lawmakers, was a response to reports of widespread failures within the foster-care system, most significantly the alleged murder of a 2-year-old Springfield boy at the hands of his foster parents.

Though many of the allegations are aimed at the Division of Family Services, family court judges have received a share of the blame for the statewide problems.

"Whether the truth of the allegations is perception or reality, the unfortunate result, of course, is public distrust and a lack of confidence in the system," Limbaugh said.

Taking action

While Limbaugh expects the new commission to offer proposals for lawmakers to consider in the current legislative session, the Missouri Supreme Court will take immediate actions within its power to address the problem. Those steps include:

Developing a "best practices" manual for family court judges to follow.

Establishing standards for handling abuse and neglect cases quickly.

Ensuring that children removed from their homes are placed with responsible relatives, if possible, before ordering them into foster care.

Providing better training for judges, DFS case workers and juvenile officers.

Removing to the furthest extent possible the veil of secrecy that currently shrouds family court cases.

Many of those actions were recommended by a special legislative committee headed by state Sen. Bill Foster, R-Poplar Bluff. Foster's panel held a series of hearings around the state last fall that yielded hours of heart-wrenching testimony from those who said the system had let them down.

Foster, who will serve on Limbaugh's commission, said he was moved by the chief justice's address.

"I wish I had made that speech," Foster said. "It was very passionate, caring and loving. You could hear it in the tone of his voice. I think he really cares about kids and families."

Senate President Pro Tem Peter Kinder, R-Cape Girardeau, and House Speaker Catherine Hanaway, R-Warson Woods, will also serve on the commission as will three other lawmakers. Eight family court judges and some executive branch officials will round out the panel, which will be chaired by former state Supreme Court Judge John C. Holstein, who retired last March.

As precedent for the commission, Limbaugh cited a similar panel created in 1984 to deal with the problem of rising juvenile delinquency. He said that effort led to laws that have proven successful, such as making it easier to try as adults juveniles accused of serious felonies and giving the public more access to juvenile court proceedings.

Recalling Cape experiences

Limbaugh told of his own experiences as a circuit judge in Cape Girardeau County. While some cases involving children were easy to decide, others were less clear cut.

"I've been there, and I've second-guessed many of the calls I made. Fortunately, I never had a tragedy like the one that occurred recently in Springfield. Sometimes I just think I was lucky." Limbaugh told reporters after the speech.

State Rep. Scott Lipke, R-Cape Girardeau, said he handled some "horrendous" cases of abuse while an assistant county prosecutor.

"There are some problems with the juvenile justice system," Lipke said. "It is a difficult situation and lot of times results in having to choose between two not-ideal options."

Limbaugh's address to lawmakers was his second and last as chief justice, a post which rotates among the Supreme Court's seven members every two years.

Judge Ronnie White, the court's only black member, is next in line for the job, which he will assume July 1.

"One-hundred-fifty years after Missouri's landmark Dred Scott case, which precipitated the Civil War and, in turn, the end of slavery and the struggle for civil rights that followed, it is high time that an African-American is represented in the office of chief justice," Limbaugh said.

mpowers@semissourian.com

(573) 635-4608