Guest question: Spot checks on public housing residents

I have a couple of social welfare policy-type questions for you � if you�ve time, give me your two cents, would
you? I know in the 1960s a number of behavior-management type rules for AFDC were struck down by the courts � man in the house rules, and I though suitable home rules and such. My recollection was that prior to this welfare workers could check homes for housekeeping issues (part of the �suitable home�) � and that this could have consequences. So � (a) am I remembering this right, or making it up? (b) do you know if these practices were also struck down in 1960s?

(c) IF a and b are yes; what
would that mean for my understanding of a practice of a local non-profit
homeless service agency doing regular checks of their clients homes to make
sure they are complying with the lease, don�t have other people there, and are
keeping it clean? I�m doing some reading that suggests there�s some sort of different standards for what GOVERNMENTS can do (a la welfare caseworkers) vs what private service providers can do. I don�t know if
I believe this —- coming from a book edited by Lawrence Mead.

Please let me know if you have answers or suggestions on
where to find an answer.

Webmaster�s
response:

This question presents the opportunity once again to point out the pervasive importance of the constitutional right of privacy, as protected by the 14th amendment. The
principle of substantive due process suggests that a welfare client’s right to
privacy is invaded if a state agency seeks means (i.e., spot home checks and
“man in the house” rules fall into this realm) of invading the
client’s terrain without a compelling state justification for doing it. Here,
it would be hard for any state agency to justify these serious home invasions
in light of the fact that there are very likely less intrusive means of
examining the client’s general compliance with agency policies.

There is some difference in what state agencies
can do, as opposed to what private agencies can do, in that public agencies
must answer directly to the constitutional principles noted above, while
private agencies generally need not. It would seem pretty feasible to me for a
homeless service agency to contract with its clients to permit the agency to
perform spot home checks as a condition to providing services.

Guest question: Child abuse dilemma

Trisha Justin seeks advice in resolving the following dilemma: A child care worker is sent to the home of a woman who has abused her child. The child is taken into protective custody and eventually given to a foster mother until the biological parent is able to care for her son again. Three years pass and the biological parent has done everything to get her child back according to the laws of her state. The foster mother has gotten used to the child in her home and wants to adopt him. She is skeptical of giving the child up for fear that the child will be abused again. What would you do? Your responses are appreciated! The webmaster has posted his own response.