Every social reform program has a catalyst, a story that sparked interest and fueled growth. The Child Protective Services movement is no exception.

In the case of CPS, the catalyst was a little girl named Mary Ellen. Mary Ellen was found so abused by her mother that the Society for Prevention of Cruelty to Animals was called to protect her, as there were no child abuse statutes on the books at the time, and the government rightly looked to some way, ANY way, they could help this girl. Mary Ellen is the flag that CPS reformers wave when they wish to justify the illegal actions they use to obtain entry into the homes of parents alleged to have abused or neglected their parents.

But there's more to the story; a vital element that is missed as activists tearfully relate this tale. The story of Mary Ellen DOES underscore the urgency of acting out against abuse, but it also underscores the inadequacy of foster homes to adequately provide the love and care that children so desperately need. You see, Mary Ellen's guardian at the time she was found was not her BIRTH mother, but rather, a surrogate that she had been placed with by the New York Board of Orphans. Her father had died, and her mother had placed her into the care of the Board of Orphans hoping they could find a proper home for her. Had the Board of Orphans followed up on the conditions of the home after placement, the entire situation could have been stopped long before it reached the point it did.

Mary Ellen's case was tragic. And the abuse and neglect of children is tragic when it does occur. But we must avoid being moved by emotion and misinformation into enacting laws that damage the lives of innocent families. We must not allow the government authority to set aside the laws designed to protect our liberties, even when it is in pursuit of those who truly deserve to be brought to trial. And we certainly must not do so when our grounds for doing so are shaky, at best.