Our story began in 2017 in Durham County when Toia Potts found herself trapped in North Carolina’s daunting family regulation system. Even though there was no clear evidence of abuse, Durham County’s Department of Social Services (DSS) removed both of her children. Over the next few years, Toia fought to reunite with them, but she was forced to navigate an opaque and punitive system without effective, client-centered legal counsel. Far too late in the process, Toia found volunteer counsel, Elizabeth Simpson from Emancipate NC. Elizabeth and Toia fought hard and valiantly at a termination trial through an exhaustive appellate process to the North Carolina Supreme Court until November 2022, when the termination of Toia’s parental rights was final. Their fight wasn’t over though — Elizabeth invited Toia to join the staff of Emancipate NC as an organizer to advocate for system-level change.
Toia’s story is not unique. The family regulation system tears thousands of children away from their families every year, disproportionately targeting Black and low-income parents. Ninety percent of children in the foster system in Durham County were removed from their families of origin due to the symptoms of poverty, such as housing instability, food instability, or access to regular medical care. Durham County reunifies families at some of the lowest rates in the state—only 22% of children who enter the foster system return home, less than half of the national average. Notably, less than 3% of impacted families in the county are white, highlighting systemic racial inequities.
In 2024, Emancipate NC launched Carolina Parent Defenders to address these ongoing concerns and systemic issues. Inspired by board members Elizabeth Simpson and Toia Potts’ unwavering fight, CPD was created to provide client-centered and zealous legal representation to parents who risk losing their children. Our goal is to keep families together by challenging unnecessary removals, advocating for real support instead of punishment, and ensuring that every parent has a strong defense from the moment an investigation begins.
