Juvenile Court Involvement with Chemically Involved Families

by Child Welfare Information Gateway

CASE VIGNETTE: Following the initial assessment, Child Protective Services (CPS) was sufficiently concerned about Timmy's safety to take the case to court. In spite of the maternal grandmother's cooperation during the assessment process, she became extremely upset just prior to the court proceedings because of her loss of control over her family and the entire situation. The involved professionals, however, were able to reassure her, and she agreed before the judge to assume responsibility for her grandson. Lisa, on the other hand, remained angry. She initially refused to complete the treatment program mandated by the court to enable her to be reunited with her child. Only after 5 years of court involvement, multiple attempts at drug treatment, a shift from PCP and cocaine use to use of heroin and cocaine, a second pregnancy, separation from her children's father, and a period of incarceration followed by intensive residential treatment did Lisa finally attain sobriety.

Although only a small percentage of substantiated child abuse and neglect cases go to court, those that do are heard exclusively in the juvenile courts civil proceedings. One exception, however, is severe physical abuse or neglect or sexual abuse by a substance-abusing parent. In such cases, criminal prosecution may be concurrent with juvenile court proceedings.

In addition, there have been isolated attempts to criminally prosecute pregnant substance-abusing women and women who have delivered drug- or alcohol-affected newborns. In general, however, criminal prosecution is not a common legal intervention in child maltreatment cases that involve either prenatal or parental substance abuse. Rather, such cases are usually brought before the civil court, where the aim is protection of the child while the parent is in treatment.

In making decisions regarding the juvenile court's involvement in drug- and alcohol-related dependency cases, four guiding principles have proven useful:

• Parental substance abuse is detrimental to the well-being of a child and may create a substantial risk of harm.
• Reasonable efforts must be made to provide the services necessary to keep a child in the home.
• The authority of the juvenile court may be necessary to gain the parents' cooperation in obtaining/receiving services, including the treatment of substance abuse.
• Out-of-home placement should be ordered only on demonstrating a substantial risk of harm if the child remains in the parent's custody or if there is a likelihood that the parent will flee the jurisdiction of the court with the child.

This chapter focuses on the legal issues affecting juvenile court involvement in determining a child's overall safety in cases in which parental substance abuse has been identified. As the reader will note, many of these same issues are addressed throughout the assessment process. In addition, this chapter provides guidance regarding permanency planning for children of substance-abusing parents in cases in which it has been determined that, despite reasonable efforts and following a realistic period of time, termination of parental rights is indicated. Because State laws, policies, and procedures vary with respect to legal intervention and permanency planning, it is important for professionals to be familiar with the requirements specific to their States.

Considerations of the Juvenile Court in Cases of Parental Substance Abuse

In considering the level of protection needed by children in chemically involved families and the treatment services required by their parents, a number of factors typically are weighed by the juvenile court. These include the child's health, development, and educational status; the child's age; parental history of alcohol or other drug abuse and substance abuse treatment; parenting profile; safety of the home; family supports; and treatment resources. Decisions regarding the family's functioning and progress must be based on the comprehensive assessment information contributed by a variety of disciplines and agencies, as described in the previous chapters. The following guidelines are recommended for professionals who are providing reports and testimony specifically for the juvenile court.

Child's Health, Development, and Educational Status

Reports containing specific information regarding a child's medical, developmental, and educational needs provide guidance for the court in determining the level of caregiving skills required to meet the child's needs. If a child has special needs, the court considers the caregiver's ability to provide this specialized care before releasing the child into the care of parents, extended family members, or foster parents. Testimony or court reports should specify:

• the child's general health status, medical care requirements, and special care needs;
• in the case of newborns, toxicology screen results and/or the presence or absence of withdrawal symptoms and/or signs and symptoms that are consistent with prenatal drug or alcohol exposure;
• the child's developmental status and educational needs-for a child with disabilities, this includes the individual family service plan (IFSP) for an infant or preschool-aged child or the individual education plan (IEP) for a school-aged child (Note: In 1977, Public Law 94-142, the Education for All Handicapped Children law, specified that IEP's should be provided for children with disabilities, in the least restrictive environments. In 1987, Public Law 99-457, the Education of the Handicapped Amendment, mandated the individual family service plans (IFSP's) be developed for children from birth to 3 years of age);
• school attendance patterns and records; and
• known behavioral problems or emotional disorders.

Child's Age

The child's age is an important factor in making a decision regarding the child's custody. Infants and preschoolers are highly dependent on their parents to meet basic needs and provide protection from harm. Furthermore, until children reach school age, they often are "invisible" to social service and educational agencies. Thus, abuse or neglect may go unnoticed. In preparing reports for the court, professionals should note:

• ages of all dependent children within the home,
• availability of day care or preschool services that could provide daily monitoring of the child's care as well as developmental and social enrichment, and
• availability of supportive and therapeutic in-home services.

About the Author

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Formerly the National Clearinghouse on Child Abuse and Neglect Information and the National Adoption Information Clearinghouse, Child Welfare Information Gateway provides access to information and resources to help protect children and strengthen families. A service of the Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services.