Safeguarding Kids: Why the U.S. Needs an Independent Children’s Commissioner
This newsletter has been modified to reflect the introduction of H.R. 9875, the Child Safety and Well-Being Act of 2024, by Rep. Morgan McGarvey (KY) along with 13 original cosponsors on September 27, 2024.
Despite being citizens who have fundamental rights, children and their voices are explicitly locked out of political arenas and decision-making processes that impact their lives. They do not vote, do not have political action committees (PACs), and do not have lobbyists promoting their interests.
Consequently, their needs, concerns, and well-being are often invisible and treated as an afterthought when policy decisions are made. As a U.S. senator told a group of child advocates a few years ago:
I can walk the halls of Congress for weeks, or even months on end, and not hear anything about children.
The invisibility of children by policymakers can have devastating consequences, as children represent nearly one-quarter of the population and are, by definition, dependent on others for their care and well-being. When it comes to policies related to issues such as education, child abuse and neglect, access to health care, nutrition, juvenile justice, institutional oversight, housing, child poverty, etc., their needs and concerns should be the focus – not the afterthought.
Unfortunately, as Michael Freeman, author of The Moral Status of Children, points out:
All too rarely is consideration given to what policies…do to children. This is all the more the case where the immediate focus of the policy is not children. But even in children’s legislation the unintended or indirect effects of changes are not given the critical attention they demand….
To ensure the voices of our youngest citizens are no longer ignored, Rep. Morgan McGarvey (D-KY) has introduced H.R. 9875, the “Child Safety and Well-Being Act of 2024,” along with Reps. Rosa DeLauro (D-CT), Jimmy Gomez (D-CA), Sara Jacobs (D-CA), Rashida Tlaib (D-MI), Barbara Lee (D-CA), Summer Lee (D-PA), Seth Moulton (D-MA), Eleanor Holmes Norton (D-DC), Delia Ramirez (D-IL), Deborah Ross (D-NC), Dina Titus (D-NV), Nydia Velázquez (D-NY), and Bonnie Watson Coleman (D-NJ).
McGarvey’s bill proposes the establishment of an independent Children's Commissioner, similar to the Children's commissions and ombudsmen in over 40 countries and nearly half the states, to study, monitor, and make recommendations to the President and Congress on political and policy issues impacting the health, education, safety, and well-being of children at home and across the globe.
A Step Toward Better Informed Representation
Rep. McGarvey’s “Child Safety and Well-Being Act of 2024” is a significant step toward rectifying the invisibility of children in the halls of Congress and the Administration. The Act proposes the creation of a 15-member Children's Commission, which will appoint an independent Children's Commissioner. This Commission will evaluate how federal policies affect children's well-being, monitor the implementation of laws, and inform Congress and state governments about children's needs and interests.
This initiative aims to ensure that every child, regardless of their background, has a fair shot at a healthy, happy, and productive life. It is about giving children a seat at the table where decisions are made that will shape their futures. This representation is vital because children face unique challenges that require tailored solutions — solutions that adults, however well-meaning, often overlook.
The Importance of Children's Voices
It is imperative that when a child cries out for help, whether it is a sick child, an abused child, a hungry child, a homeless child, or a victim of gun violence, adults should listen.
In too many cases, decisions that profoundly impact children’s lives are made without their input, often resulting in policies and practices that fail to address their real needs. This exclusion from decision-making processes diminishes policies' effectiveness and strips children of their fundamental right to be heard.
Public policies across government would be improved with the creation of a Children’s Commission, which would be tasked with raising the unique issues of importance to children when it comes to policy formation, including legislation, rules, regulations, and guidance.
Unfortunately, our nation’s policymakers are often overwhelmed by powerful interest groups that demand and receive their primary attention. As researchers Ann Schneider and Helen Ingram explained in their 1993 paper entitled “Social Construction of Target Populations: Implications for Politics and Policy,” although children are viewed positively and as deserving by society, they lack the political power necessary to demand the resources and attention they need.
Therefore, although elected officials like to be seen taking photos with kids in children’s hospitals and reading to kids in schools, kissing babies at political rallies, and often deliver the refrain that “children are our future,” this rarely translates to tangible action and support for kids when it matters most.
If budgets are reflections of society’s moral values, many of our policymakers are telling us they do not value children.
Frankly, this failure to focus on the needs of children and youth can be dangerous to their lives and well-being. The fact is that violence, abuse, injustice, and discrimination against children in families, schools, prisons, and institutions can be eliminated or dramatically reduced if children are enabled and encouraged to tell their stories and be heard by people with the authority to act. The consequence of the silencing and dismissal of the voices of children and the harm they experience has the effect of protecting the abusers rather than the children. In scandal after scandal, the voices of children were repeatedly dismissed or ignored.
The fact is that children and youth are experts in their own lives. They know what it feels like to be left out, to be misunderstood, and to be subjected to decisions made by adults who may not fully grasp the realities of childhood today on a variety of topics, such as bullying and internet safety. Hearing the voices of children and youth is not just a moral imperative; it is a necessity for creating policies that truly serve their best interests.
By giving children and youth a platform to express their views, we can create more informed, effective policies that address the issues they face. Rep. McGarvey’s soon-to-be-introduced “Child Safety and Well-Being Act of 2024” takes a crucial step in this direction by establishing a dedicated Commission to amplify and have these voices, needs, and concerns heard.
In case-after-case of institutional failures, the voices of children and young people have gone unheard for years. Aly Raisman, a past USA Olympic gymnastics medalist, poignantly highlighted this issue in her statement at the 2018 sentencing hearing of Dr. Larry Nassar, who was sentenced for abusing girls in the U.S. gymnastics program:
Abuse goes way beyond the moment, often haunting survivors for the rest of their lives, making it difficult to trust and impacting their relationships… If over these many years, just one adult listened and had the courage and character to act, this tragedy could have been avoided.
This statement by Simone Biles, the world’s greatest gymnast of all-time, says it all:
The establishment of a Children's Commissioner could provide that listening ear and critical voice for ending the systemic failures in protecting young athletes from the abuse that had been taking place for decades in U.S. Gymnastics and were ignored or dismissed by Michigan State University and the Federal Bureau of Investigations (FBI).
Several other high-profile cases in recent years also underscore the need for an independent Children’s Commissioner. Unfortunately, time-and-time again, institutions have demonstrated that they will almost always cover-up problems and fight to protect their own interests over the interests and protection of children.
Here are some examples of how an independent Children's Commissioner could have a real impact in protecting children from harm:
The Catholic Church: Widespread sexual abuse and subsequent cover-ups by clergy members have come to light in recent years. A Children's Commissioner could have enforced stricter reporting requirements and provided support for survivors seeking justice.
The Boy Scouts: The Boy Scouts of America faced thousands of allegations of sexual abuse over decades. A Children's Commissioner could have established guidelines and oversight to protect scouts, ensuring thorough investigations and accountability for abusers.
Kids for Cash: This scandal involved judges in Pennsylvania who received kickbacks for sentencing juveniles to for-profit detention centers. A Children's Commissioner could have provided oversight to prevent such abuses of power and protect the rights of vulnerable youth.
Jerry Sandusky/Penn State: The abuse perpetrated by Jerry Sandusky, a former Penn State football coach, was covered up by university officials. A Children's Commissioner could have intervened, ensuring that allegations were investigated thoroughly and transparently.
The Mormon Church: Allegations of abuse within the Mormon Church have surfaced, with claims of cover-ups. A Children's Commissioner could have served as an independent body to investigate and address these claims, providing support to survivors.
Jeffrey Epstein Scandal: Jeffrey Epstein exploited and trafficked minors for years. A Children's Commissioner could have worked to identify and protect vulnerable youth, advocating for stronger laws and enforcement against trafficking.
Southern Baptist Convention: Allegations of sexual abuse and mishandling of reports within the Southern Baptist Convention also highlight the need for independent oversight. A Children's Commissioner could ensure that such institutions are held accountable.
The Troubled Teen Industry: This industry, which includes residential treatment programs for troubled teens, has been plagued by abuse allegations. A Children's Commissioner could enforce regulations and ensure these facilities provide safe and supportive environments.
Child Welfare Failings: Numerous cases have shown the failings of child welfare systems to protect children from abuse and neglect and how child poverty fuels abuse and neglect. A Children's Commissioner could oversee these systems, ensuring they are effective and accountable.
Juvenile and Adult Prisons: Conditions in juvenile and adult detention centers often fail to meet basic standards of care and are inappropriate for the care and treatment of children. A Children's Commissioner could advocate for reforms to ensure humane treatment and rehabilitation for incarcerated youth.
Child Labor: Despite laws against child labor, violations persist in various industries. A Children's Commissioner could work to enforce existing laws and push for stronger protections for working children who are being exploited.
Rutherford County, Tennessee Juvenile Detention Scandal: In Rutherford County, Tennessee, a shocking scandal unfolded where children—some as young as eight years old—were illegally arrested and detained. A Children's Commissioner could have intervened early on to investigate these practices, ensuring that children's rights were protected and that the justice system was held accountable for such egregious violations.
Child Trafficking: Human trafficking of children is a significant domestic and international issue. A Children's Commissioner could help coordinate efforts to combat trafficking and provide support for survivors.
Rather than creating a special task force to address each and every one of these scandals, a Children’s Commissioner could help investigate and help put a stop to them.
The Need for a Children's Commissioner
The concept of a Children's Commissioner is not new. UNICEF has long recommended that countries establish independent children’s commissioners or ombudsmen. Over 40 countries have responded by creating such a function to help safeguard children's fundamental rights and interests.
In these countries, children's commissioners have successfully advocated for better policies and practices, resulting in significant improvements in child well-being.
For instance, in the UK, Children's Commissioner Dame Rachel de Souza has played a crucial role in addressing issues such as child safety, child poverty, education, mental health, and the impact of government policies on children. The UK Children’s Commissioner prepares reports, talks to policymakers about the issues of importance to children and youth, investigates institutional abuse, conducts research, and listens to children and youth about their priorities.
And in Ireland…
In the US, half of the states have established similar offices with significant success. For example, the State of Connecticut has a dedicated Office of the Child Advocate, which has been instrumental in reforming child welfare services and ensuring children's rights are protected.
A federal Children's Commissioner, which would be created by Rep. McGarvey’s “Child Safety and Well-Being Act of 2024,” would provide a similar approach to addressing the myriad issues affecting children, ensuring that their voices are heard at the highest levels of government.
This Act is not just about addressing the current needs of children; it is about laying the groundwork for a better world. By focusing on the well-being of children and youth today, we are investing in the leaders, innovators, and citizens of tomorrow. The benefits of this investment will be felt across all sectors of society, from improved public health outcomes to increased economic prosperity.
If you work for a group interested in supporting this legislation, please consider adding your organization to a sign-on letter here.
If you are an individual who wishes to express support for the bill, please contact your Member of Congress and urge them to cosponsor the “Child Safety and Well-Being Act of 2024.” Personal letters, emails, and phone calls can have a significant impact.
If you are interested in working more closely with us in support of this bill and other policy proposals of importance to children and youth, please also consider joining us as an Ambassador for Children or donating to support our work.
Together, we can create a society where children are not just seen and heard but are placed at the forefront of our national priorities.
Great article, Bruce. It is time for politicians to put their money where their mouth is (sometimes, quite literally) when it comes to children with an Independent Children's Commissioner.