A (52:08)
The next week, Amanda filed for custody. Her demands were measured. Like she said, she didn't want to rip him away. She asked for shared legal custody of her son, therapy to help them bond after such a long separation and partial physical custody on a gradual schedule. Amanda wrote to the court, I just want to build a relationship with my son. My older four children have also stated they miss their brother and want to see him. As Amanda predicted, her son's foster parents are fighting her hard to keep him, attacking her fitness as a mother in all the ways she feared. The case is scheduled for trial this fall. The first time Amanda spoke publicly about what happened to her and her family was at that Lehigh county commissioners meeting back in 2023, the same day County Comptroller Mark Pensley released his controversial report. A report which, when I've asked officials about it, they're dismissive. The Lehigh county executive Phil Armstrong. He told me he didn't even read it. Instead, he asked his child welfare folks whether there was anything to worry about and the answers they gave him. He wouldn't tell me exactly what they were, but he says they were great and that he was happy and satisfied. In the neighboring county, Northampton, where Amanda lives, officials told me Mark's report was misleading and harmful. They worried it would further erode people's trust in the child welfare system. But the shakeup Mark caused with his supposedly wrongheaded report, it's had a remarkably fruitful afterlife. Since the report came out, the Lehigh County District Attorney's office has reviewed every case in which Dr. Jensen testified as a central witness. As a result, one father's 20 to 40 year prison sentence was just reduced by at least half. He's eligible for release this year. Then there are all the lawsuits against Dr. Jensen and Lehigh Valley Health Network. It'll likely take years for those to sort themselves out. As for Dr. Jensen, two weeks after Mark Pinsley's report, she was replaced as medical director of its child Advocacy center. And six months after that, she retired from lvhn. She's still speaking at conferences, though. I watched a virtual one where she diagnosed a case on the fly. During a Q and A based on a short description of symptoms and without seeing any records, she declared, you are dealing with abusive head trauma. Here's my diagnosis. It seems to me that everyone involved in child welfare cases that include a child abuse pediatrician. I mean caseworkers, doctors, hospital administrators, cops, prosecutors, judges, should take into account the real possibility that the cap might be mistaken. I don't mean theoretically mistaken. I mean actually mistaken. I don't say that with hostility. I'm saying it because to me, it seems reasonable for everyone in the system to acknowledge that science and evidence often aren't clear cut. Reporting this story, I've seen it again and again. Different doctors looking at the exact same information and coming to different conclusions about what that information means. I'm saying even One pause, one, wait a second. Might be the difference between a family staying together or being broken apart. I'm saying what Mark Pinsley was saying. When it comes to caps and the power they wield, families, families deserve a second opinion. In recent years, three statestexas, Washington and now Georgia have written that option into law. The other 47 could think about doing this too. There's this phrase in child welfare circles, the removal calculus. The authors of that Michigan Law Review paper I talked about earlier, they say you have to get that calculus just right. And only remove a child when absolutely necessary to protect children from serious, imminent harm. What they do not advise is better safe than sorry. That approach, they warn, can cause its own serious, imminent harm. And more people than you might think are drawn into this system. One study using federal data estimated that nearly 40% of children in the United States will be subject to a child abuse investigation, nearly 40%. For black children specifically, it's even higher at 53%. A bright spot is that some jurisdictions are rethinking better safe than sorry. One of those places, Northampton, where Amanda's abuse cases played out, the Children Youth and Families administrator there, who grew up in foster care herself, told me their focus is now about prevention and trying to keep families intact by offering them help. It seems to be working. Four years ago, the county had 319 children in foster care. Now that number has been cut in half. One last thing I thought I'd mention. Not long ago, Dr. Jensen got hired as a consultant to review evidence and investigations of violent crimes against children. The agency she's working for is evidently untroubled by the many lawsuits and allegations of misdiagnosis she faces. Dr. Jensen is now a consultant for the FBI. The Preventionist is hosted, written and reported by me, Diane Neary additional reporting by Ben Phelan and Janelle Pifer. It's produced by Janelle Pifer and edited by Jen Guerra. Additional editing by Sarah Koenig and Danita Batijo Fact checking by Elizabeth Barber and Ben Phelan Additional fact checking by Caitlin Love. For more reporting from the show, sign up for our newsletter@nytimes.com serialnewsletter music supervision and mixing by Phoebe Wang Additional mixing by Katherine Anderson Sound design by Jonathan Menhivar and Phoebe Wang Original music by Martin D. Fowler, Dan Powell and Marian Lozano Additional music for this episode by the Blasting Company. Martin D. Fowler composed our theme song. Our Standards editor is Susan Westling. Legal review from Dana Greene. The art for our show comes from A May Hunt and Pablo Delcon. The supervising producer for Serial Productions is Ende Chubu. Julie Snyder is Serial's executive editor. Our associate producer is Mac Miller. Additional producing comes from Nina Lawson and Corey beach at the New York Times, and Sam Dolnick is the New York Times deputy managing editor. Special thanks to the parents in Pennsylvania who we interviewed and to the dozens of people across the country who spoke with us about their own experiences of being separated from their families as children and whose stories informed this episode. We'd also like to thank Jason Addy, Susan Anthony, Olivia Carzo, Maddie Day, and Emma Hogan for help with our reporting. Thanks to Dr. Stanley Blondech, Dr. Nadine Burke Harris, Dr. Martha Burt, Dr. Charles Nelson, Dr. Maya Oberlin Dock, and retired Alachua County Sheriff Sadie Darnell. Thanks also to attorneys Kathleen Creamer and Mark Freeman in Pennsylvania, Rosemary Peoples in Florida, and Chris Gottlieb in New York City. Thanks too, to Anthony Chiarito and Emma Ketteringham with the Bronx Defenders in Northampton County. Thank you to Maria Torres, Susan Wandolowski, and County Executive Lamont McClure for sitting down with us and talking through the CH Children and Youth procedures there. And finally to attorneys Allie Krothammel and Tom Bosworth and their law offices. Thank you so much for your time and for all the medical records and documentation you provided for this episode. The Preventionist is a production of Serial Productions and the New York Times.