Broken Homes Part 5

[24] See p. 37 sq.

[25] J.C. Colcord in _The Annals of the American Academy of Political and Social Science_, May, 1918, p. 97.

VI

THE DETAILS OF TREATMENT

As in all other problems faced by the case worker, it is impossible to lay down general rules for the treatment of desertion. There may be general considerations, however, which it is well to keep in mind, some of which have been advanced in the last chapter.[26]

On questions of investigation there is closer agreement among social workers than on questions of treatment. Personal factors here play a much larger part, and it may very well be that two case workers who differ in personality but are of equal ability, will choose very different plans of treatment in a given case and yet each bring it to a successful issue. It is with a good deal of hesitancy, therefore, that a case worker ventures upon the discussion of anything so flexible as treatment. In preparation for this study many consultations were had with practising social case workers in the fields of family work, probation, medical-social service, and child welfare. Differences of opinion were found and this chapter will attempt to express the composite opinion on how to treat the deserter and his family in the different situations which confront them.

1. Man's Whereabouts Unknown but Desertion of Recent Date.--It is better in this case to make no very definite plans for the family.

Emergent plans, both as to relief and medical or other care should, of course, be prompt and adequate. Now is the time, if it can be done, to win the confidence and co-operation of the wife. We should, however, make no promises for the sake of "buying" co-operation, and give no premature advice either as to prosecution or reconciliation. Everything possible should be done to strengthen such ties with church, relatives, and friends as may be helpful, but the social worker should be slow to encourage the family to form new ties with other social agencies at this time. She should avoid the possibility of judging the woman harshly in a period of stress, but be watchful for signs of deterioration and resourceful to combat them. This is the stage, of course, when all energies should be bent toward finding the man.

In this as in the other situations about to be discussed, the question of whether or not the home should be broken up and the children committed should be decided on other grounds than on the desertion alone. Under many circ.u.mstances, it is the best thing to do. The woman, worn out with anxiety or abuse, may be unequal to their physical care for the present; or they may be running wild and in danger of becoming delinquent. The mother may be morally an unfit guardian, and the desertion may furnish the long-sought opportunity to interfere for the children's protection. Commitment may have to be planned, and the mother's consent won, to save the children from the return of a brutal father, against whom she cannot protect them. Or she may desire a temporary commitment in order to give her husband a severe lesson. The main consideration, however, ought to be what is going, in the long run, to be best for the children concerned.

2. Man's Whereabouts Unknown, Desertion of Long Standing.--A very different problem from the preceding may be presented in the family of a man who disappeared some time ago. Where the desertion is bona fide and has persisted over a period of years, it is often possible to treat the family as if the man were dead, and, if other circ.u.mstances make this advisable, to plan comprehensively for the future. There is always the chance, however, that, until the man's death is established, he may turn up unexpectedly. If living, he usually manages to hear now and again about his family and is often able to find them at will. A man who had neither seen nor communicated with his family during the ten years they had been maintained by a private family agency, nevertheless sent promptly for his wife and eldest son by a messenger who knew exactly where to find them (although they had moved in the interval several times), when he lay dying of alcoholic excess in the city hospital.

The laws of many states contain a provision that the marriage of a person who has completely disappeared and not been heard from in a period of years can be set aside by the proper authorities. This makes legal the remarriage of the spouse. In nearly all of the states divorce can be obtained on the ground of long continued desertion.[27] The wisdom of advising such a divorce, however, should receive careful individual consideration, particularly in relation to the religious faith of the client and the att.i.tude of that faith toward divorce.

3. Man's Whereabouts Known; Man Unwilling to Return or Support.--Many types of deserting men are included under this catch-all heading--the so-called "justifiable deserter;" the man who has fled to escape his creditors or is a fugitive from justice; the man who has elected to try life with another mate; the wandering hobo who means to come back some sweet day but not now; the cowardly pregnancy deserter; the low-grade irresponsible--a motley crew. They are grouped together here for convenience, since they const.i.tute those with whom coercive measures have most often to be used.

A good example of the "justifiable deserter" is found in the story of Williams.[28] This man, when home conditions became intolerable, tried to secure his children's safety through the courts but did not obtain a hearing. He left home feeling that he was fully justified.

The lame point in his self-defense was his failure to support his children, and it took a court order to rectify this in part.

Joseph Mellor is in a more logical situation in his refusal to provide for his wife, since he is paying the board of his child in a good inst.i.tution. He makes no charge against her character, but insists that her quarrelsome and dictatorial disposition makes her impossible to live with. She had haled him so many times into court and lost him so many positions that Mellor, who earns a good salary, will deal with her only through his lawyer, who keeps his client's whereabouts secret and will not trust the social worker interested even to the extent of arranging an interview.

It is generally impossible in cases of such deep-seated antagonism to make any plans looking toward reconciliation. The "justifiable deserter"

can usually be reasoned with, and once he understands and admits his responsibilities, can often be made to live up to them without judicial process.

A ship steward deserted his wife, who was both alcoholic and paretic, taking with him his only child whom he placed with his relatives. The woman was devoted to the boy and broken in spirit because she was not allowed to see him. The steward claimed, probably correctly, that he was not responsible for the woman's syphilitic condition. The following extract from the record of the first interview with the man is quoted to show the lines of argument which were effective with him:

"Man at District Office--Visitor started in immediately with the subject in hand, thinking he was the sort that would respond to absolutely direct dealing. Explained to him that we had been given to understand his wife was ill, not only from alcoholism but also from other complications; that it was suspected there might be some difficulty with her blood and that we had been advised that her mental condition was not now as strong as it had been previously.

Explained to him that he was absolutely responsible for his wife, for her support, and for her care and protection, and that no matter how far he traveled, his responsibility remained the same; that he had a.s.sumed this when he married her. Said that he felt no responsibility for her whatsoever, that he had done all he ever would do for her and intended to devote his efforts toward his child. Visitor explained to him that woman's intemperance might perfectly well be a disease over which it would be very difficult for her to have control; that, moreover, if she were suffering also from a blood condition, this should have treatment. Explained that he would more nearly meet his responsibilities were he to have her examined and send her where she could procure the treatment required, even if it meant commitment to an inst.i.tution. At this point man seemed more interested, particularly as visitor told him that Arthur would grow up and would want to know where his mother was and what had become of her; and if man had left her sick and alone, at the mercy of strangers, he would not be able to give an adequate accounting to his son. Man's reaction was not what visitor had expected--he would be glad to put her away where she could not trouble him any more but he did not intend to expend any more money.

Said he was under too heavy expenses with Arthur. Claimed he was making $70 a month, and visitor forced him to add that he got in addition his board and lodging on the ship, so that he was under no expense except when on sh.o.r.e leave. Visitor repeated that as a husband he was required to pay for woman's care, that that was the right thing to do; that one way he would be a husband deserting his wife, liable to arrest for non-support and desertion, and the other way a husband with a sick wife for whom he was willing to provide the medical attention and care that every sick person has a right to have. He said if it was a question of a few dollars a week, he supposed he would be willing to do it, and visitor felt he really was willing to do the right thing if he only could be a.s.sured that woman would not interfere with Arthur. Said he would never let woman see the child, but finally admitted, if she were not drunk and was in the hospital and it would do any good, he supposed she could."

With persistent or recalcitrant deserters as a group, court action has very often to be invoked. Procedure in this direction differs so much in different communities that only general observations can be offered here. If the man has left his home but not the town and is still within the jurisdiction of the local court, the magistrate will usually issue a summons (which in many cities the wife is expected to serve) calling on the man to appear at court on the date set for the hearing. If he fails to appear a warrant for his arrest is issued. If he has left the city but not the state, local courts may issue warrants, which can be mailed to the city to which the man has gone and served by the police there; or an officer may be sent from the home town with a warrant to arrest the man and bring him back.

Prior to his arraignment, the best court practice calls for an investigation by the probation officer, so that the judge may have substantiated facts before him when the case comes up. Whether this is done or not here is the time and place for the social worker who already knows the family to get his knowledge in usable fashion before the court. How best to do this varies greatly in different communities.

Sometimes the social worker is permitted to talk the matter over with the judge personally, sometimes with the probation officer, clerk or other court official. Sometimes a written report is required, to be attached to the probation officer's report. Occasionally the social worker gets no chance to be heard unless he is present to testify in open court. In the last two contingencies, care must be taken to safeguard information given in confidence, even by the deserter. Letters marked "confidential" should not ordinarily be submitted in court except by consent of the writer, as some judges hold that material so submitted becomes a matter of public record.

The approach to the court, therefore, is governed by local conditions. A very important part of co-operation in any community is to see that this channel is kept free from obstruction. In general, the probation officer should be the best friend of the other social workers, since he knows their language. Indeed, many social workers themselves combine the office of probation officer with their other duties.

After the inst.i.tution of court proceedings the outside social worker has usually little chance to affect the disposition of the case. This is made by the judge on the basis of the testimony he elicits in court, and on that of any preliminary investigation he may have caused to be made.

Disposition may be:

1. In rare instances, to dismiss the complaint altogether.

2. To remand for a later hearing.

3. To induce the woman to drop her complaint and give the man another chance.[29]

4. To place the man under court order to stay away from home and pay his wife a stated amount weekly. Custom differs in different places as to whether payment shall be direct to the wife, through the probation officer or clerk of court, or through public or private charities.

5. To order the man to return home and contribute a stated amount.

6. To place on probation (together with either 4 or 5).

7. Commitment--usually to jail or workhouse, and for a period of not over six months. May be longer for violation of probation or for aggravated offense.

When the deserting man has gone without the borders of the state, there is the added problem of securing his extradition, which is often a difficult one. Wife desertion is in most states only a misdemeanor (in New York it is even less serious and const.i.tutes in the eye of the law only disorderly conduct). Since extradition between states has to be acted upon by the governors of the states, it is unusual (though not impossible[30]) to secure extradition for a misdemeanor. The reluctance of the authorities is understandable, however, when it is realized that to extradite for wife desertion would be to create a precedent for extradition for any sort of misdemeanor. There is in most states a law which makes the abandonment of a minor child or children a felony, punishable by a long term in state prison, and it is this law which is generally invoked when the man has been traced to another state.

Complaint then has to be made to the district (or county) attorney, the matter taken before the grand jury and an indictment secured before extradition papers can be granted. The man, if captured, must usually be tried in a higher court than the domestic relations court; if convicted he is likely to be more severely punished. Extradition means expense to the state; it is usually difficult, moreover, to get an active interest taken in extraditing a family deserter who, to the legal eye, has committed an offense neither against the person nor against property, and cannot therefore be a serious offender!

If extradition for family desertion is difficult between states, with other countries it is impossible, as no treaties exist even with contiguous countries like Canada and Mexico.[31] By special arrangement with the Canadian authorities, states which touch the Canadian border can sometimes obtain the person of a deserter without actual extradition. Information is submitted to the police of the Canadian town where the man is known to be, who thereupon arrest him as an "undesirable citizen" and arrange for his deportation. The neighboring state is notified, and an officer with a warrant meets the Canadian officer and the prisoner at the boundary, arresting the latter as soon as he sets foot across the state line.

The testimony of social workers is, in the main, in favor of probation as against long prison sentence for men of this type. "We have found a shortened penitentiary sentence, with release on probation, very successful in a number of instances." "Sometimes the probation has been more effective by its being a sort of double probation; that is, having the case pending in juvenile court as well as munic.i.p.al or district court. The fear of having his children permanently taken from him if he again fails to support them has, in one or two instances, had much more effect with the deserter than the threat of a prison sentence."

"Probation works very well and occasionally a prison sentence; but probation is better." These statements come from cities where probation work is well organized. From another city where the probation officers are notoriously overworked, comes a pessimistic note: "The theory of probation is fine, but the practice is poor because the officers have entirely too much to do."

Probation is simply case work with the added "punch" of the law behind it; so that when it is at all well done it should have the more lasting results. Probation officers and other social workers agree, however, that for certain deserters of the complacent type, an unexpected prison sentence is sometimes a very salutary dash of cold water.

After having tried one or two short absences, ostensibly to look for work and finding that nothing serious happened to him, Andreas Gorokhoff walked out one day and did not come back for five years.

During that time his wife's relatives and the community's family agency took care of his family while he led the life of a care-free vagabond. He was ready upon his return to settle down again for a time; but the family agency and the probation department thought differently, and succeeded in having him sent to state prison for an indeterminate sentence of not more than two years. He was released on parole for good conduct, returned home, went to work, and, during the four years which have since elapsed, all has gone well.

Good results may, and probably more often do, follow shorter prison sentences.

A man on probation for intemperance, broke it and deserted. On account of the children's keen feeling about the consequent disgrace, the wife made no move until urged thereto by the social worker interested. Her husband was then arrested in a nearby city and brought back, much surprised at the firm stand his wife had taken. He was sentenced to four months, served two, and was released on parole. Since his return he has not been drinking and has been contributing satisfactorily toward the support of his family.

The first step taken by Harvey Brand when released from the workhouse after a short prison sentence, was to stop in at a furniture store and order a green plush parlor "suit" on the instalment plan. Harvey had never been conspicuously interested in his home before, and the district secretary and her committee were aghast at this new evidence of his irresponsibility. The green plush was, however, the outward sign of an inner burgeoning, and it warmed the heart of Mrs. Harvey as nothing else could have done. From that time, Harvey, with judicious encouragement over a few hard spots, has become a good family man and a regular provider.

The particular problem involved in the treatment of the family during the trial and imprisonment of the deserter is that of encouraging the woman to stick to her guns. If she withdraws her complaint or secures his release before his time is up, she not only convinces him of her lack of firmness but the entry in the court record seriously prejudices her case should she make complaint there again. Unless the social worker is convinced, therefore, that the sentence has been unduly severe, the wife should be encouraged in every way to let her husband serve out his time. If a policy of relief has been necessary, care should be taken that it be adequate, so that economic pressure will not induce her to ask for his release. If the home has been broken up and the children committed, the mother's loneliness and desire to have her home back is likely to work in the same way. The hope of making her husband kinder when he returns often leads a woman to ask for his release. The pressure of relatives and friends, and sometimes of her church is likely to be exerted in the same direction and unknown to the social worker.

Chaplains of correctional inst.i.tutions, interested entirely in the man and with no knowledge of the family situation, are also likely to appear in the case; and it is well to acquaint them, in the beginning, of our interest and our hope that no step will be taken without a consultation.

If it is hoped or expected that the man will return to his home after imprisonment, he should be earnestly cultivated by the social worker while he is serving his time. Visits and letters will go far toward breaking down his resentment at the part the worker is likely to have played in "putting him behind the bars." Now is an excellent time to introduce a man as volunteer visitor to the prisoner, if he is to be off probation when released. If imprisonment or: "stay-away probation" does not have the desired effect of making the deserter willing and anxious to return to his family and take care of them, or if for any reason return is permanently undesirable, the advisability of obtaining a legal separation[32] should be considered at this point. If, on the other hand, the man evinces eagerness to return home and support his family, he comes automatically (though belatedly) into the cla.s.s to be considered in the next chapter.

FOOTNOTES:

[26] The Questionnaire on the Deserted Family (see p. 395 sq. of Richmond's Social Diagnosis) has already been mentioned as suggesting lines of investigation. It will also be found useful at the stage of summing up knowledge gained and seeing in what direction it points.

[27] The state of New York is an exception, as it grants only limited divorce for desertion.