Friday, December 08, 2006
Editorial: Don't force parents to give up children
Parents of children with behavioral or mental health issues need more options than giving up custody to obtain funding for care.
From the RoundTable blog
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We cannot fathom the agony parents suffer when deciding to relinquish custody of a child with severe mental illness because it's the only way to afford treatment. Virginia requires families to place their children in foster care to access mental health funds.
This last-resort practice has been allowed under Virginia's Comprehensive Services Act for At-Risk Youth and Families, a law that governs the placement and funding for many children in need of placement.
A better approach is sorely needed, one that is far less fracturing for families.
Federal law mandates that children in foster care who have mental health issues be provided treatment services by the state. In Virginia, as in other states, parents of severely mentally ill children have been given the option of relinquishing custody when all other resources have been exhausted and when they can't afford to pay out of pocket for residential programs and other services.
Virginia's State Executive Council for the Comprehensive Services Act estimated that in 2004 about 2,000 children in foster care were admitted voluntarily by parents or guardians just to obtain mental health care.
Attorney General Bob McDonnell, in an advisory opinion Wednesday, called the practice "wrenching and potentially tragic" and said it may violate the U.S. Constitution. He went further to say that localities that require parents to hand their children to the government to access mental health funds may be too narrowly interpreting state law.
McDonnell's opinion was at the request of Del. William Fralin, R-Roanoke, who for several years has tried, unsuccessfully, to push through legislation that would do away with relinquishment.
Across the political spectrum, people understand that something is wrong with a system that forces parents to give up custody to get proper treatment for their children.
There is little right with a system that asks a parent -- in the throes of dealing with a child who has severe mental or behavioral issues -- to make such a decision, one that would prohibit them from having a legal say in their child's life.
McDonnell, appropriately, legally condemned custody relinquishment for these parents and clearly discouraged localities from offering relinquishment as the only option. McDonnell's opinion should give Fralin the boost he needs for his legislation to prevail.
