Legal Interventions with Chemically Dependent Families

by Child Welfare Information Gateway

(Page 3 of 10)

With respect to chemically dependent families, there are a number of special issues that professionals need to consider throughout dependency proceedings. These issues relate to reasonable efforts, realistic time frames, termination of parental rights, and permanent placement.

Reasonable Efforts

States receiving Federal funds for foster care must make reasonable efforts to prevent unnecessary placement of children out of the home and to return children to their homes as early as possible. With respect to reasonable efforts, the question of removing the child from the home in cases of parental substance abuse depends on the potential danger to the child and the services that could be provided to the family in order to minimize child endangerment. Before initiation of foster care, both the mother and the father should be carefully evaluated with respect to their ability to provide care and protection for the child. If it is determined that neither parent can adequately care for a child, the extended family should then be evaluated as alternate caregivers.

Placing a child in foster care should only be considered when parental or extended family supervision cannot provide adequate protection for the child. In such cases, it is preferable for the foster care setting to be in close proximity to the parent to prevent a change of school or day care for the child and to facilitate the visitation plan. In cases of prenatal substance abuse, the availability of a residential treatment program for the mother, infant, and any other children should be explored as an alternative to foster care.

In some States, a positive toxicology screen at birth is considered indicative of child abuse or neglect. In this situation, making reasonable efforts to prevent placement of the infant at birth may require that the State offer adequate prenatal care to all pregnant women as well as substance abuse treatment to meet the unique needs of pregnant substance abusers. In recognition of this requirement, many communities are moving toward developing comprehensive preventive prenatal services.

Reasonable efforts to keep families intact in cases of parental substance abuse might include:

• assisting the parent in obtaining substance abuse treatment services;
• providing home-based services to build family skills;
• assisting parents to relocate out of an environment where drug or alcohol use is pervasive;
• providing financial assistance and child care while parents are in treatment;
• assisting parents in obtaining supportive services such as Aid to Families With Dependent Children (AFDC), Social Security Income (SSI), food stamps, and child support; and
• when a child is in foster care, encouraging frequent visitation in a homelike atmosphere.

Careful documentation of all efforts made to support the mother's and the father's parenting should be made to avoid legal delays if parental rights subsequently must be terminated.

Realistic Time Frames

A child's initial development and subsequent mental health are greatly influenced by the quality and stability of their early relationships. On the other hand, chronic substance abuse is a serious health disorder that frequently requires long-term treatment before sobriety can be attained. Professionals must weigh both of these factors as they make decisions about family treatment plans and reasonable goals for family members. Often, this is one of the most challenging dilemmas faced by professionals serving substance-abusing families.

Professionals need to move quickly and effectively to provide a safe and permanent home for infants and young children whose parents' alcohol or other drug abuse has resulted in foster care placement. Intensive reunification efforts should be made at the beginning of placement to give the parent the support needed to enter and engage in treatment and to resume parenting responsibilities. Out-of-home care for up to 2 years, depending on State laws, is generally used as a time line standard for terminating parental rights and attempting to place a child in a safe, caring, and permanent home. However, strict time frames pose special problems for addicted or alcoholic parents when treatment resources are scarce. Furthermore, a high recidivism rate for even the best treatment programs suggests that a parent with complex, long-term health and social problems must be seriously committed to change in order to resume parenting responsibilities within a reasonable period of time.

Courts recognize the importance of balancing reasonable efforts to reunite a chemically involved family against the child's need for timely placement in a stable, long-term living situation. For substance-exposed children, the unique conditions that exist when parents are addicted may increase the need for stability and continuity. Thus, realistic time frames are especially important.

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.