OBITUARY: Norma Lee Nored, 1934-2023
LoCO Staff / Friday, Dec. 8, 2023 @ 6:56 a.m. / Obits
Norma Lee Nored (Alcorn) was born on November 5, 1934, and left this world surrounded by love on December 4, 2023. She is now reunited with her beloved husband, Gene Nored, who preceded her in death in 2012, and her siblings Clyde, Kenneth, and Virgil.
As a teenager, Norma’s family, including her father Granville Alcorn, and Mother Alice Alcorn (Kennetz), embarked on a journey from Sanger, Calif. to Arcata, seeking opportunities in the lumber mills. The love of her life, Gene Nored, also followed to Arcata and they were married as high school seniors! Together, they shared the joy of raising three children: Sharon Nored, Glenda Nored (Gabel), and Bryan Nored.
Norma dedicated many years of her life to her work at Food Mart until the well-deserved day of her retirement. Norma and Gene found joy in the simple pleasures, such as deer hunting and sharing the fruits of their labor with family and friends.
One of Norma’s cherished pastimes was spending evenings on the phone, connecting with her extensive network of friends and family. Norma had an appreciation for keeping connected to everyone. A glass of wine (with two ice cubes) in hand while catching up with her twin sister Donna was a common sight!
Family held a special place in Norma’s heart, and her love extended to her surviving twin sister, Donna Goddard, her children Bryan (wife Kathy) and Glenda (husband Kyle), as well as her grandchildren Michael Poer (wife Amy), Steven Poer, Daniel Nored (wife Kyla), Lindsey Esh (husband Patric), and Kristy Gabell.
Norma faced the pain of losing her daughter Sharon in 2020, but her memory lives on in the hearts of those who loved her. She is also survived by her great-grandchildren Allen, Matthew, Jackson, Bo, Lacey, Jeremey, Adeline, Eleanor, and Tenzlee.
Raise a glass of wine (with two ice cubes) as we bid farewell to Norma Lee Nored. May she rest in peace with all of her loved ones who passed before her.
Funeral services will held December 11 at 11 a.m. at Greenview Cemetery.
###
The obituary above was submitted on behalf of Norma Nored’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here.
BOOKED
Today: 8 felonies, 18 misdemeanors, 0 infractions
JUDGED
Humboldt County Superior Court Calendar: Today
CHP REPORTS
Us101 S / M St (HM office): Trfc Collision-No Inj
US101 N / SR1 (HM office): Trfc Collision-1141 Enrt
US-101 (HM office): Assist with Construction
2300 Mm299 E Hum R23.00 (HM office): Assist with Construction
ELSEWHERE
RHBB: Motorcycle Down on Highway 101 Near Highway 1 Junction
County of Humboldt Meetings: Joint Conference Committee for Sempervirens - June 3, 2026
KINS’s Talk Shop: Talkshop May 28th, 2026 – Jason Esselman
Governor’s Office: Governor Newsom proclaims Mental Health Awareness Month
PG&E Choppers Will Be Cruisin’ Transmission Lines in Southern Humboldt Thru Next Week to Conduct Maintenance Work
LoCO Staff / Thursday, Dec. 7, 2023 @ 4:05 p.m. / Helicopters
Outpost file photo of a PG&E chopper. | Luke Patterson
###
Press release from PG&E:
EUREKA, Calif. — As part of its ongoing efforts to keep customers safe, Pacific Gas and Electric Company (PG&E) will use helicopters to conduct maintenance work on a transmission line in Humboldt County. The company will use helicopters to conduct work on the overhead transmission line, including pole replacements and line repairs; customers may see a line hanging from the bottom of the helicopter which is normal practice for this type of work.
From Monday, December 4 to Saturday, December 9, PG&E helicopters will be visible along the transmission line located in the vicinity of Bridgeville and Garberville, including near Eel Rock Road. From Sunday, December 10 through Thursday, December 14, PG&E will use helicopters to conduct similar maintenance work in the Swains Flat area.
“Using helicopters to maintain our overhead transmission lines is the safest and most efficient way for PG&E to upgrade equipment and make repairs and is less intrusive to the community than using machinery to complete repairs from the ground. We know that PG&E customers in the Humboldt area value their privacy and we want the public to know that this maintenance work conducted by PG&E coworkers is focused only on PG&E transmission lines and equipment,” said Dave Canny, Vice President of PG&E’s North Coast Region.
Flights will begin around 0800 each day and last until sunset and are expected to conclude on December 14; however, weather delays may push to flights to additional days.
The City of Eureka is Looking Into the Possibility of Building a Parking Garage in Old Town
Isabella Vanderheiden / Thursday, Dec. 7, 2023 @ 1 p.m. / Infrastructure
The city-owned parking lot at Third and G Streets could become a parking garage. | File photo: Andrew Goff
###
Good news for people who fear the City of Eureka values people over parking! What if the city built you a building for parking?
Eureka City Manager Miles Slattery says the city is working with the Humboldt County Association of Governments (HCAOG) and the Humboldt Transit Authority (HTA) to track down funding sources and determine the feasibility of building a parking garage somewhere in Old Town Eureka.
“We are looking at different locations,” Slattery told the Outpost in a phone interview this morning. “To build these things there has to be a certain ingress and egress, stuff like that. Ideally, it would be located at the Third and G parking lot – where the old City Hall used to be – because it would be right next to the EaRTH Center, the city’s [future] multimodal transit center. If that doesn’t work there are a few other locations, like the lot at Second and H [Streets].”
The size and capacity of the parking garage have yet to be determined, Slattery said. Ideally, the garage would be able to accommodate the number of parking spaces that will be lost when the city moves ahead with its plans to develop several city-owned lots in Old Town and downtown, which adds up to around 200 spots. The height of the structure would be determined by the size of the lot, but Slattery said the structure would probably be two or three stories tall.
“It’s all very preliminary but it’s something we’re looking into,” Slattery said. “We should have some more information around the beginning of the year.”
###
PREVIOUSLY:
- Local Group Announces Intent to Stop the City of Eureka’s Conversion of Downtown Parking Lots Into Housing With New Ballot Measure
- Group Circulating Eureka Housing Petition Says the Wiyot Tribe’s Projects Are OK, Clarifies That Parking Lot Conversions Will Be Allowed So Long as Developers Build Even More Parking Than Before
- Open Letter Urging Eureka Voters Not to Sign the ‘Housing For All’ Petition Endorsed by 100+ Humboldt County Residents, Including Local Leaders in Politics, Business and Culture
- GUEST OPINION: Like Eureka, McKinleyville Also Has an Excess of Parking Spaces That Could Be Housing
- Former Eureka Mayors Come Out in Support of Pro-Parking Initiative
- Eureka Council Requests Informational Report on ‘Housing for All’ Initiative to Clear Up Confusion for Voters, Discusses Guidelines for ADUs, and More
- Backers of Eureka’s Pro-Parking ‘Housing for All’ Initiative Say They’ve Gathered and Submitted Enough Signatures to Get It On the Ballot
- (UPDATE) Eureka Gets $30 Million Grant for Housing Projects That the ‘Housing For All’ Initiative Hopes to Block
- New Coalition — ‘I Like Eureka Housing!’ — Formed to Oppose Arkley-Backed Pro-Parking Lot Initiative
- (UPDATE) Arkley-Affiliated ‘Citizens for a Better Eureka’ Files Two More Lawsuits Against the City, Aiming to Block Linc Housing Developments
- Backers of Pro-Parking Lot ‘Housing for All’ Initiative Say They’ve Filed a Lawsuit Against the City of Eureka Because They Believe They Should be on the Spring Ballot Rather Than the Fall Ballot
- Eureka Council Sends Pro-Parking ‘Housing for All’ Initiative to November 2024 Election Ballots
Third District Supervisor Mike Wilson Announces Re-election Campaign; Roy Gomez Running Against Him
Ryan Burns / Thursday, Dec. 7, 2023 @ 11:29 a.m. / Elections
Mike Wilson. | Submitted.
###
Incumbent Third District Supervisor Mike Wilson this morning announced that he’s running for a third four-year term on the board.
One challenger has filed paperwork to run against Wilson: Rogelio “Roy” Gomez, Arcata resident and owner of Eureka cannabis dispensary Heart of the Emerald. Gomez has accused Eureka City Council members of being “undemocratic anarchists” out to dismantle capitalism. Earlier this year he filed a claim for damages and alleged that city council members violated a municipal code of ethics in a dispute related to a special event permit to sell alcohol at Gomez’s former event venue, Forever Found.
Here’s the press release issued this morning by Wilson’s campaign:
Mike Wilson announced today that he will seek a third term as Humboldt County supervisor. “I want to keep doing all I can to improve and diversify our economy, create more affordable housing, deliver outstanding public services, foster resiliency for the challenges ahead and protect our natural resources and open spaces,” said Wilson.
An environmental engineer who grew up in Humboldt County and earned an MS in Environmental Systems Engineering from Cal Poly Humboldt, Wilson has represented the third district—Arcata, Blue Lake, Freshwater and Manila—on the Humboldt County board of supervisors since 2016. Prior to becoming county supervisor, Wilson served nine years on the board of the Humboldt Bay Harbor, Recreation, and Conservation District where he supported a balanced approach to economic development of the harbor and environmental protection. Since 2019, he has served on the California Coastal Commission.
During his time as Humboldt Bay Harbor Commissioner, Wilson lead successful efforts to restore wetlands and estuaries, expand oyster and seaweed farming, clean up the contaminated Samoa Pulp mill site, and create sustainable, living wage jobs. As county supervisor, Wilson has worked to increase safe and walk-able neighborhoods, protect cherished open landscapes, create affordable housing, increase renewable energy production, and expand emergency and long-term mental health services.
Specifically, Mike has played a key role in these accomplishments over the last seven years:
- Creation of an Affordable Housing Trust Fund for Humboldt County;
- Developing a clean-energy micro-grid at the Redwood Coast Regional Airport;
- Seeding the Humboldt Childcare Stabilization Fund with one million dollars;
- Expanding transit services to include micro-transit and greater regional bus services;
- Developing new source of on-going funding for arts and culture programs;
- Improving pedestrian and driver safety with speed tables in Freshwater and Manila;
- Expanding trails and public assess and working toward completion of the Humboldt Bay Trail; and
- Regulating flavored vapes to reduce youth tobacco addiction.
Wilson has also worked to ensure that large-scale projects proposed meet the needs of Humboldt residents. “I’ve worked with community leaders, labor unions, tribes and many agencies to ensure that offshore wind energy projects will minimize impacts to our ocean, landscapes and communities while providing well-paying jobs, inclusive job training and meaningful contributions for housing and infrastructure,” said Wilson. “We have a long, challenging road ahead as we consider one of the largest proposed offshore wind projects in the country. Robust community engagement will be critical at all levels.”
“Supervisor Wilson is a champion for Humboldt County and the North Coast. He has always stood up for working families and he fights for the unique needs of rural communities,” said Mike McGuire, incoming State Senate President who represents the North Coast. “He’s a leading voice to protect our coast as a Coastal Commissioner and no one works harder to combat the climate crisis than Mike Wilson. Now more than ever, we need Mike on the Board of Supervisors.”
“I have really appreciated how Supervisor Wilson collaborates with the city on solving problems,” said Arcata City Council Member Stacey Atkins-Salazar. “The monthly interagency coordination meetings on housing and homelessness that he helped establish have been invaluable in our working with the Arcata House, Open Door Clinics and county departments to lead the way on our comprehensive response. Mike is always available when we need him.”
“I’ve been working with Mike since his time on the board of Friends of the Dunes when we built the Nature Center. He’s a problem solver who dives in with an engineer’s mind to figure out how to move things forward. I appreciate his engagement with the community and perspective on protecting our environment and preparing for climate change,” said Manila resident Carol Vander Meer.
Supervisor Wilson is grateful to also receive endorsements from: Arcata Mayor Sarah Schaefer; Arcata City Council Members Stacey Atkins-Salazar, Alex Stillman and Kimberley White; Blue Lake Mayor, Adelene Jones; Blue City Council Member Elizabeth McKay; former State Senator Wesley Chesbro; former 3rd District Supervisors Julie Fulkerson, John Woolley and Mark Lovelace; Harbor Commissioners Stephen Kullmann and Craig Benson, and Wiyot cultural leader Cheryl Seidner.
“I’m grateful for Humboldt’s unparalleled natural beauty and community spirit. However, there are some real challenges facing Humboldt County and the region. That’s why I’ll keep collaborating with others, digging in to overcome obstacles and helping to bring all possible resources to the county,” said Wilson.
“I genuinely love this job and have been honored to be able to serve and give back to the community that has given so much to me and my family. With your support, I will continue to bring a balanced approach to issues, listen to all points of view and work with all sides to develop positive solutions.”
[UPDATE: All Clear; Rex Mad] McKinleyville High is Now on Lockdown For the Sixth Time in Two Weeks
LoCO Staff / Thursday, Dec. 7, 2023 @ 9:23 a.m. / Emergencies
UPDATE, 11:04 a.m.:
Humboldt County Supervisor Rex Bohn reached out to the Outpost to say that he is personally offering a $1,000 reward for information that results in an arrest of the person or persons responsible for the threats on McKinleyville High School.
“Let’s get [someone] tattling,” Bohn said.
# # #
UPDATE, 10:28 a.m.:
Law enforcement has given the “all clear” once again after searching the campus following a bomb threat made via phone this morning.
“Students will get a break and return to class shortly,” Director of Student Services Gayle Conway told families and district community members via email.
A text message to district employees said that law enforcement “will continue to work to find the origin [of these] threats.
# # #
Original post:
At 9:20 a.m. Thursday morning, parents of students in the Northern Humboldt Union High School District received an email containing the following message:
MHS has received an anonymous threat and we are working with law enforcement to determine next steps.
Some school personnel received the following text messages:
MHS has received an anonymous threat and we are working with law enforcement to determine next steps.
MHS students will remain in a Shelter In Place until further direction. Parents cannot pick up students until lifted.
This is the sixth time in the last two weeks that MHS has asked its students to shelter in place as the result of anonymous threats made toward the school. The Humboldt County Sheriff’s Office detailed how it was been responding to these episodes in a release issued yesterday.
PREVIOUSLY:
- McKinleyville High School on Lockdown
- McKinleyville High School Briefly Placed on Lockdown Again Following Report of Armed Person on Campus
- GUEST OPINION: McKinleyville High School Students Deserve Better
- Mack High on Lockdown This Morning for the Third Time in the Last Two Weeks
- Sheriff’s Office Provides Details on What Led to McKinleyville High School’s Five Lockdowns in Eight Days
HUMBOLDT on the GREEN! World Number One Golfer Scottie Scheffler Used an ‘Olson’ Putter Made in Fortuna During Tournament Win
Stephanie McGeary / Thursday, Dec. 7, 2023 @ 7:52 a.m. / LoCO Sports!
Left: a closeup of the Olson putter; Right: Scottie Scheffler using his Olson on the green at the Hero World Challenge | Photos/ video courtesy of Logan Olson
###
Scottie Scheffler, the world number one golfer, won the Hero World Challenge in the Bahamas earlier this week. And though this would normally not be news of any particular interest to Humboldt, it turns out that the putter Scheffler used to secure his win was made by our own Logan Olson of Fortuna!
Reached by the Outpost, Olson said that after Scheffler and his team saw some of Olson’s pieces, they reached out to him to ask if he could make some putters for Scheffler. Needless to say, Olson excitedly jumped at the opportunity and after meeting up with Scheffler in September he began fabricating a perfect custom putter for the golf pro.
“I’ve been working on options and tweaks for him since meeting,” Olson wrote in a message to Outpost late last week. “And it’s great to see him playing one this week at the Hero.”
Olson custom-makes each of his putters, spending upwards of 200 hours on each piece. To fabricate Scheffler’s putter, Olson said he spent over 100 hours on programming alone to design the putter heads. Olson said that he worked through a few different design options before landing on something that Scheffler was ready to put into play.
To get a better idea of the process, check out Olson’s short video showing him working on Scheffler’s putter:
Scheffler premiered his Olson putter at the Hero World Challenge, arousing interest in the golf world, with publications like and Golf Digest and Golf Magazine calling attention to Scheffler’s fancy new club . The buzz around the new putter only grew when Scheffler not only won the tournament, but also did very well in putting. Though Scheffler is the highest-ranking golfer in the world, his putting stats have been less impressive, ranking 142nd earlier this season, and some golf publications note that Scheffler’s putting has been worse the past two seasons.
But this was not the case during the Hero tournament, where Scheffler finished sixth in putting, the best he’s performed in a while.
“He also, surprisingly, finished sixth in the 20-man field in putting,” Jack Hirsh wrote for Golf. “Had the Hero been an official event, it would mark the first time Scheffler had finished inside the top 10 in the statistic since his debut win at the 2022 WM Phoenix Open nearly two years ago.”
Is it because of his sweet new Olson putter that Scheffler did so well on the green? Well, that would be hard to say. He did also hire a new putting coach, which probably helped too.
Either way, Olson was thrilled for Scheffler’s win – the first time an Olson putter has helped secure a tournament win – and said that working with the pro golfer was a great experience.
“He’s got incredible awareness and sensitivity to what he’s looking for,” Olson said. “He’s the best player in the world and he’s very in tune with everything going on. It’s been about creating a tool to add to what he’s already doing so well now, and not taking anything away.”
California Can Take Kids From Abused Moms. Why the Separation Can Harm Both
ChrisAnna Mink / Thursday, Dec. 7, 2023 @ 7:46 a.m. / Sacramento
Jackie’s oldest son, Raphael, in Monterey Park on Sept. 29, 2023. Raphael saw and experienced the domestic violence in his mother’s relationship when he was a young teenager. Raphael is now in college and plans to work towards being a Dermatologist. His mother, Jackie, is a family advocate for Los Angeles Defense Lawyers, helping families navigate the system. Photo by Alisha Jucevic for CalMatters
Worried that her abusive partner would kill her or her boys, Jackie had nowhere to go and no one to ask for help. She said her partner had angry outbursts, beat her, degraded her and destroyed things in the house. She knew she had to escape.
She called the Los Angeles County Department of Children and Family Services, hoping for a path to a safe place to stay. Instead, she received a warning that struck a different kind of fear in her.
If she didn’t leave her partner within 30 days, the child welfare agency would take her four boys.
“When I asked for help, they wanted to separate us,” said Jackie, 39, who asked not to use her full name to protect her children’s privacy.
The agency’s warning is rooted in a nearly 40-year-old California law that allows child welfare agencies to remove children when they believe an abused parent cannot ensure their kids’ safety. Called “failure to protect,” the law is intended to safeguard kids in dangerous situations.
But the longstanding practice is facing continued scrutiny as domestic violence advocates raise concerns about the potential to further traumatize families. Meanwhile, other states with similar laws have narrowed the criteria for when a welfare agency can remove a child. Many states have “failure to protect” laws, but California’s is comparably vague, giving social workers wide latitude in deciding when to remove kids.
“I just don’t understand how ‘failure to protect’ exists, either as a fair thing or a legal principle,” said Eve Sheedy, a lawyer and expert in domestic violence policy, including as former director of LA County Domestic Violence Council.
The law puts child welfare workers in the unenviable position of deciding what is more harmful for children — the trauma of being separated from their family or the risks of witnessing more violence or even becoming a target.
And it can leave domestic violence victims feeling as if they are being punished for their partners’ abuse.
“Right now the victims are seen just like a perpetrator,” said Marie, 36, a domestic violence survivor who said the Los Angeles child welfare agency took her children from her after she was abused by her partner. The kids continue to live with their grandparents. Marie also spoke on the condition that her full name would not be published to protect the privacy of her kids.
Changing the law is difficult in part because lawmakers and social workers share a commitment to protecting children, and they worry about a shift that could endanger kids.
CalMatters spoke with four mothers who lost children because of a failure to protect order, five current and former social workers, eight domestic violence policy experts and advocates and two state lawmakers for this story.
All of them stressed that protecting children was their highest priority. Several cited two notorious murders in Los Angeles County where the welfare agency failed to remove children to underscore the hazards of allowing kids to remain in violent households. One was Gabriel Fernandez, who suffered years of gruesome torture and abuse before he was fatally beaten at age 8 in 2013 by his mother and her boyfriend. The other was Anthony Avalos, who was also tortured and abused by his mother and her boyfriend before his death at age 10 in 2018.
“In my opinion, the system really did fail those kids,” said Assemblyman Tom Lackey, a Palmdale Republican who has been a teacher and a California Highway Patrol officer.
He said he has dealt more with children who should’ve been removed from unsafe situations than with unnecessary separations from abused parents for “failure to protect.” .
No one can say how many California children are separated from family members every year under the law because neither the state nor counties collect that information. The closest estimate comes from a recent report by the UCLA Pritzker Center that showed more than half of Los Angeles County’s 38,618 foster care cases in 2020 involved domestic violence.
Jackie, the mother who was alarmed when she received a “failure to protect” warning six years ago, believes the law discourages women from reporting domestic violence.
“A lot of women don’t say anything because of fear of being separated from their kids,” she said.
Separation after abuse, drug use
Marie is soft-spoken with sparkling eyes and a gentle manner. She said as a teenager she got hooked on prescription opioids and was addicted for years. She stopped using in 2015, and within a little more than a year she graduated from college, got married and had two babies.
“It was all too much, and I started using again,” Marie said.
Marie said her ex-husband was also addicted to drugs and when he was using, he physically abused her.

First: Marie at her home in Culver City on Sept. 29, 2023. Marie lived at Community’s Child after leaving a domestic violence relationship and battling past addictions. She now owns her home and has built a new life for herself and her children. Last: Marie holds a card from one of her kids at her home in Culver City. The card reads, “Thank you for being a very good mom. You been thru [sic] a lot but you are still the beast [sic] mom in the world.” Photos by Alisha Jucevic for CalMatters
The Department of Children and Family Services removed Marie’s kids for failure to protect due to domestic violence and substance abuse. At ages 1 and 2, the kids had about a one-week stay in a group home. The children were adopted by Marie’s parents within six months of opening her case. Adoption typically takes a year or more.
She pulled herself out of addiction after she became pregnant again and didn’t want to lose custody of a third child. She entered a substance abuse program in 2017. Next, she and her 2-month-old infant entered Community’s Child, a shelter and development program for homeless single mothers “motivated to achieve self-sufficiency.” Marie now owns her own home and works full-time in the medical field.
She and her ex-husband have made peace and co-parent all three children, though the two older kids still live with Marie’s parents. Marie said the kids were very young during the violence and don’t remember it, but she is still traumatized by the separation.
“I wasn’t able to heal in the six months that they gave me,” Marie said. “My family would’ve been a lot different if we had more time.”
Marie’s circumstances are not unusual. One-quarter to one-half of domestic violence cases occur with other problems, such as parental substance abuse or mental illness, intergenerational trauma or unemployment, among other stressors.
Her story illustrates the difficult choices social workers face every day.
Risk of staying and the risk of removal
The Los Angeles Department of Children and Family Services is the largest child welfare agency in the world, with a budget of nearly $2.8 billion and oversight of more than 25,000 children annually. In 2022, 90% of the kids were 18 and younger and more than two-thirds were Black or Hispanic.
If a social worker makes the wrong call children can pay the price with their health or their lives.
Two former child welfare social workers said they felt supported by their agency, but deciding when a child was at risk of harm felt like their responsibility, which was difficult and emotionally exhausting.
“Child welfare is a judgment-based system. It is human-driven and based upon sticky, personal family dynamic facts,” said Brandon Hicks, director of the Department of Children and Family Services, Los Angeles County’s child protection agency..
In U.S. households with domestic violence, 30 percent to 60 percent also have child maltreatment, including physical abuse or neglect. In 2020, 1,750 children died from abuse or neglect in the United States.
Dr. Kelly Callahan, director of the Kids In the Dependency System clinic at Harbor-UCLA Medical Center, said children who witness domestic violence often have psychological or emotional problems.
“Children who have witnessed violence between their caretakers can have PTSD (Post-Traumatic Stress Disorder), nightmares, sleep problems, school difficulties and more. They react the same way as children who have been abused,” said Callahan.
Because of such harm, proponents of “failure to protect” laws say they’re needed for children’s safety.
The library and counseling room at Community’s Child in Lomita on Sept. 29, 2023. Community’s Child is a shelter and resource program that provides supplies, food and housing for women and infants who are struggling with homelessness, addiction and poverty. Photo by Alisha Jucevic for CalMatters
But separation from a parent can be equally devastating for children. Adverse childhood experiences, such as abuse or witnessing violence, contribute to poor mental and physical health well into adulthood, including risk for early death. A safe, secure relationship with a caring adult, such as the non-offending parent, can build resiliency for a traumatized child.
“The courts will often say, ‘We know that being exposed to violence in the home alters a child’s brain chemistry and we’re going to remove this child and place them in foster care,” said Emily Berger, a lawyer for Los Angeles Dependency Lawyers, a nonprofit consortium of court-appointed lawyers who defend parents involved in dependency court.
“But what we’ve found, and science backs up, is that being removed from your community, your family of origin and your primary caregiver has such a tremendous impact upon a child’s healthy brain development and ability to form attachments,” she said.
Evolution of ‘failure to protect’
The original “failure-to-protect” laws emerged in the 1960s in response to reports of child physical abuse. Under the laws, if a caregiver knew a child was being abused and didn’t report it, that caregiver could be prosecuted the same as the abuser.
California’s failure to protect law falls under a welfare code that states children can become dependents of the court if “the child has suffered or there is a substantial risk that the child will suffer, serious physical harm inflicted non-accidentally upon the child by the child’s parent or guardian.”
Listed among the criteria for substantial risk is “the failure or inability of the child’s parent or guardian to adequately supervise or protect the child.”
Neglect is the leading cause for children to be placed under the courts’ jurisdiction. Failure to protect is often considered as neglect or emotional abuse in the child welfare and justice systems, including when it’s related to domestic violence.
As of 2015, 48 states and four U.S. territories had “failure to protect” laws: Maryland, Wyoming and Puerto Rico did not. The statutes designate the crimes as misdemeanors, or felonies. In California, neglect is usually charged as a misdemeanor.
Failure to protect charges can lead to life sentences for parents in six states — Oklahoma, Missouri, Nebraska, Nevada, South Carolina and West Virginia. In Texas, the maximum penalty is 99 years. For some non-offending parents, the penalties have been more severe than for the abuser.
Some states, such as New York and Washington, have moved in the opposite direction to protect the rights of abuse victims. The New York Court of Appeals in 2004 ruled that witnessing domestic violence did not constitute neglect and couldn’t be the sole basis for removing children from the non-offending parent.
State Sen. Susan Rubio, a Democrat from West Covina, two years ago carried a bill that would have compelled Califronia to study domestic violence in the child welfare system. She told her colleagues at the time the law “fails to recognize” the trauma of a parent “who is a domestic violence survivor.” The bill did not reach Gov. Gavin Newsom.
Would changing domestic violence law matter?
Despite Rubio’s setback, some advocates for domestic violence victims outside of the Capitol are building a case to change California’s law.
The Pritzker Center report calls for California to consider legislative reforms similar to the ruling from the New York Court of Appeals. The report also calls for better training in the complexities of family violence for all child welfare workers, court officers and such mandated reporters as teachers and coaches.
“I think we could have legislation that said being victimized by domestic violence is not sufficient basis for charging neglect,” said Sheedy, the former director of LA County Domestic Violence Council.
This would be similar to California laws prohibiting the use of poverty or homelessness as the sole basis for removal of a child.
But others are urging more modest changes even as they express misgivings with the current policy. They worry about rescinding a policy intended to protect a child.
“There are definite concerns with ‘failure to protect’ and how it’s being used — it’s being used as a stick,” said Julie McCormick, a lawyer with the Children’s Law Center, a nonprofit legal organization that represents children in the dependency system.
But, she said, “I wouldn’t say CLC (Children’s Law Center) has the stance that it should be gone. It’s too nuanced to do something blanket. I think that’s why it’s so hard to come up with legislation.”
The California Partnership to End Domestic Violence also has looked at the failure to protect law. It isn’t calling for significant changes.
“It’s an issue we’ve tried to look at a couple of ways, but what makes sense statewide is tricky,” said Krista Colon, the partnership’s director.
Ending generations of domestic violence
Jackie, the mother of four boys who was frightened by the warning that she could lose her kids, became an advocate for domestic violence victims after her experience. She is now a parent-partner with the Los Angeles Defense Lawyers and helps other parents navigate the system.
Her sons are now 18, 13, 12 and 7. She is stylish and engaging with a ready smile, but she harbors deep trauma. She lived with an abusive partner, the father of her three younger boys, for 10 years.
Jackie at her office in Monterey Park on Sept. 29, 2023. Jackie is a domestic violence survivor and is now a family advocate for Los Angeles Defense Lawyers. Photo by Alisha Jucevic for CalMatters
“At first he was the perfect guy,” said Jackie, “Then I moved in with him and little things started happening, like yelling and pushing me.”
She grew up with domestic violence in a large, multi-generational Latino household. When her ex-partner became abusive, she thought it was normal. Her grandmother told Jackie she had “to stay. Hispanic men are just like that.”
Raphael, Jackie’s oldest son, said he remembers being afraid during the fighting, but as the big brother he had to be strong to protect his siblings.
Jackie called 12 shelters before she found one that would take her and her sons. Most shelters don’t accept boys older than 8. Raphael was 11, so he went to live with his biological father.
“My dad told me my mom and my brothers were in the shelter. I didn’t know what that meant, and it really scared me,” Raphael said, “It was really tough because I missed my brothers.”
Although the boys weren’t taken, child welfare’s threat to do so was devastating.
“It was drastic and traumatizing,” said Jackie.
Yet, she said, calling child welfare saved her life.
“When I was living through it, I thought I was doing what I needed to do to protect my kids,” said Jackie.
Most abused mothers do.
###
This article was produced as a project for the USC Annenberg Center for HealthJournalism’s 2023 Domestic Violence Impact Fund
CalMatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.