Parental Substance Abuse : Adoption, Guardianship, Foster Care

by Child Welfare Information Gateway

(Page 5 of 10)

Adoption

Adoption is the first placement choice when children cannot be cared for by their birth parents and when parental ties are legally severed. In many cases, relatives, significant others, or foster parents may be ideal adoptive parents.

Adoption workers need to carefully sort out the financial impact of adoption (e.g., in some cases, foster care funds or Medicaid for the child may no longer be available). In many cases, to encourage adoption, State and Federal Governments provide monthly supplements and Medicaid coverage, although the supplement generally is less than the foster care payment. Health coverage is especially helpful for those substance-affected children who have preexisting disabilities and who might not qualify for coverage under their new adoptive parents' insurance.

Finally, whether the adoptive parents are family members, significant others, or strangers to the child, long-term supportive services (including counseling and educational programs) should be available to the adoptive parents as well as the child.

Guardianship

Legal guardianship provides adult protection to a child who is deprived of the natural guardianship of his/her parents. The guardian has the right to custody, the right to make decisions for the child, and the right to represent the child in legal actions. The guardian is not responsible for support and education of the child, except on the basis of resources available through public programs such as AFDC or SSI.

Unlike adoption, guardianship does not require termination of parental rights. Thus, parents can retain the right to visit, consent to adoption, and provide support. This may be a viable alternative for children whose parents have become sober during the period required for reunification efforts but who still suffer incapacity that leaves them unable to manage the responsibilities of full-time child rearing. This option leaves open the possibility of continued parental involvement with the child. It is suggested for parents who have meaningful relationships with their children but, because of their disability, are unable to provide around-the-clock care.

The permanence of legal guardianship allows attachment to the guardian and eliminates the continuous threat of separation that is often experienced by children in foster care. It often gives children the continuity and stability they need. If termination has occurred and the agency has not been able to place a child in an adoptive home, guardianship is a good alternative.

Long-Term Foster Care

Long-term foster care is an option that keeps a child in the custody of the State. For an older child, long-term foster care can also provide a continuous noncustodial relationship with the birth parent if that is what the child desires, and if it is in the child's best interest for the relationship with the parent to continue. Although long-term foster care is designed to provide a stable foster care home, it can result in multiple moves. Such moves are difficult for any child, since early experiences that promote attachment and trust are directly related to better mental health in later life.

In working with caregivers, it is important for the professional to bear in mind the fact that long-term foster parents may need ongoing family support to help them continue to successfully cope with the emotional and behavioral problems displayed by some substance-affected toddlers and older children.

As older adolescents prepare for release from the foster care system (which can happen as early as 18 years of age for those who are no longer in school), it is the responsibility of the CPS worker to develop an appropriate emancipation plan that will promote a smooth transition from foster care into independent living.

Summary

Any professional who works extensively with families is very likely to encounter a problem related to alcohol and/or other drug abuse on the part of a family member at some point in time. If a substance-abusing family member is the primary caregiver for a young dependent child or children, involved professionals need to become concerned about the welfare and safety of children in the household. Not infrequently in cases of chronic substance abuse on the part of a parent or other primary caregiver, the juvenile court may become involved. Once this happens, a range of interventions may occur. In some cases, court intervention leads to better conditions and rehabilitation of the family unit. However, in extreme situations it may result in termination of parental rights, with the aim of affording the child a permanent family in which to grow.

Throughout this process, involved professionals need to be aware that chemical dependency is a serious health disorder that may result from multiple causes, including traumatic and stressful life events, intergenerational patterns of substance abuse, genetic predisposition, etc. Although it is not uncommon for society to view this condition as resulting from causes that lie primarily within the substance-abusing individual's control, professionals need to be aware that this is rarely the case. Substance abuse is a complex problem requiring a wide range of interventions. The juvenile court system can be viewed as one such intervention in that it can help ensure safety for children and encourage substance-abusing family members to begin moving toward recovery.

About the Author

www.childwelfare.gov
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.