Over the past year, one of my close friends and partner have undergone a significant amount of stress concerning their nephew. Both shared the story with me about how the child ended up in the custody of a family member, the behavior of the child’s parents, and the current custody battle occurring over the child now that the mother wants him back . The child and mother both reside in a southern state where favoritism is given to the mother for custody even when a history of emotional abuse and neglect is present and child protective services was called in the past for investigation. Yesterday, both shared with me that the mother would be regaining custody of the child by the end of year, and the family member who has supported and loved the child for last eighteen months would be lucky to even get visitation.
The story created a lot of strong emotions in me, and it lead me to question the laws surrounding child welfare, custody, parenting, child protective services, the rights of other family members and the foster care system. The following questions popped in my head that I was wondering what others thought about the topic.
Are the laws and policies surrounding child welfare effective? Are there certain areas that are more effective than others?
Do different states have more effective policies than others? If so, which states and what policies?
What are the current federal laws and policies governing child welfare? Are they effective? ineffective?
Is parenting a right or privilege?
What rights do other family members have when a parent(s) is endangering their child(ren)?
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Audrey,
It amazes me that one needs to pass a test/exam to obtain their driver’s license, but anyone can be a parent.
I know someone who adopted a beautiful, little girl and what they went through between background checks, criminal record check, friends and family members were interviewed, their work history looked at, finances analyzed…this is wrong on so many levels when anyone can get pregnant who is able to.
Parenting classes like the type of classes first time parents attend to know what to expect during labour, milestones and development after the baby is born-perhaps parenting classes should be expected or highly recommended as well.
And before anyone makes a comment, I am a parent myself……children are a gift! Parents need to realize how much influence they have over their children and consider being a parent an honour.
Child welfare is a delicate balance. Parents have rights, and the state is required to provide services to help reunite parents and children when the danger is such that children need to be removed. Only if parents show no effort at progress after 18 months can Termination of Parental Rights take place. This is Federal law, and the process is very elaborate, as it is permanent.
All too often relatives, even foster parents, can lose perspective that the arrangments are usually temporary, and that parents don’t have to be perfect, or even “good” – just not dangerous. This is a serious civil liberties issue- what makes a good parent, who should decide, and what role should government have in determining who is allowed to parent? Give the government too much power- What happens if those in power decide blacks, gays, non-Christians do not deserve to be parents? Not enough power- children can be sold as sex slaves, even murdered, at the whim of a deranged parent, or starved by a negilgent drug addict.
As a long-term CPS worker and supervisor, I do wish on occasion that birth control could be added to water supply, and antidote adminisitered to only those that pass a test. Then I think about– who would write that test? What would be the standards?
Sadly, we cannot have a free society and a perfect society. Given the amount of authority CPS has- no other govt agency can take away your children because of your housekeeping- I am glad the Constitution limits our authority. The potential for abuse is simply too high.
Hi Audrey,
I’m a second year MSW student and currently my field placement is within the Child Welfare world. To say that it is a complex system is an understatement. After being in it for over a month now its still hard to say what policies are most effective. I share your questions and concerns with they system and, like many social justice issues, there doesn’t seem to be easy answers. In the state of New York it seems they have been leading in trying to implement policies that best serve the children and families- but by no means is the work done. The biggest question seems to continue to be one that you posed: is parenting a right or a privilege?
Some legislation to look at: Adoption Assistance and Child Welfare Act (1979) & Adoption and Safe Families Act (1997) & Keeping Children and Families Safe Act (2003).
As far as the rights of other family members, they can report abuse and neglect to CPS/ACS, and can be guardians or even kinship foster parents (they receive government assistance like any other foster parent would, with the benefit of the placement being a family member of the child). To my current knowledge, there are no additional rights of family members beyond the rights of the parents.
Thank you for posing these questions! They’re important to consider.
Tori
Parenting is not only a privilege, it’s an honor. The two things that I think would help in avoiding the horror of abused and neglected children are: First, parenting classes are a must for new parents. Secondly, since children accept their home and family as a norm, we need to be able to present new ideas as to what constitutes healthy family life at an early age. I do know that reporting has improved over the last three decades. That being said, there is a need for more education at all levels as to what constitutes abuse.
Unfortunately, the two issues I brought up would require legislation. The laws we have in my state and the state of my birth (Missouri and Illinois respectively) are at best stop gap measures. Funding for Departments of Children and Families are underfunded in both states and therefore, under staffed.. And there still exists the attitude of “my home, children and wife are my business” and legislative interference in the family is seen to be an infringement of rights by much of the populous. In addition, laws don’t change behaviors. Look at the gun violence that continues to occur. It is my hope that more social workers become involved in making laws and more importantly, designing programs. Then, these problems would be addressed from a systems perspective.
If I sound unusually pessimistic, it is largely the result of having worked in the “trenches” for the last 21 years in addition to my 68 years of life experience and bearing witness to case after case of abuse and neglect being swept under the table for someone else to worry about. God will smile on DFS workers. He has got to love them. I do.
Thank you all for sharing your knowledge and opinions! I really appreciate it, and my hope for this post was to generate discussion. Thank you for being a part of it.