In New York State, there are families of children that voluntarily relinquish custody of their child to the child welfare system solely to access the mental health services for their child. There are also families that refuse to relinquish custody and their child doesn’t receive the services he or she needs. Sometimes, the child gets in trouble and ends up in custody of the state as ordered by the court--in part because of a lack of access to mental health services.
How Often Does This Happen?
We don’t know how
often this happens—but we do know that it happens. Families Together has
received numerous phone calls to our helpline from families who have been told
or pressured by county officials or mental health providers to give up custody.
These families call our helpline in desperation. How can they get the help their
child needs without relinquishing custody? If they relinquish custody, what
will happen to their child? Can they stay involved as a parent? Will they be
able to get custody back?
The office of Children and Families Services (OCFS), the statewide agency that
oversees New York’s child welfare system doesn’t keep track of voluntary
placements or how many children are placed because they need mental health service.
In1999, 20% of respondents to a NAMI survey relinquished custody of a child
to access services. An OCFS staff person once told us that the number of children
in their custody for the sole purpose of accessing mental health services “is
very small, maybe five percent”. There are about 40,000 children in the
custody of the child welfare system through the county Department of Social
Services (DSS). Five percent would equal about 2,000 kids—not so small
a number.
Limited Access to Services
The crux of the problem
is lack of access to community-based and residential mental health services.
Private insurance pays only for a minimal number of visits. The Office of Mental
Health (OMH) has about 600 slots for children in their Home and Community Based
Waiver providing intensive in-home services, and about 500 beds available in
Residential Treatment Facilities (RTF) which are licensed by OMH. These services
are available to families without relinquishing custody.
The child welfare system has almost 40,000 children in their care. Once the
child welfare system has taken custody of a child, it is their responsibility
to provide the treatment (including mental health treatment) that a child needs.
Those seeking mental health treatment for a child often relinquish custody to
access services through the child welfare system.
How Does It Happen?
Those in need of mental
health services often end up in the emergency room or in a private hospital.
They may be approved treatment through the Office of Mental Health but left
on a waiting list for residential or intensive at home services. Their condition
worsens at home, in the hospital or in a temporary treatment center. The child’s
insurance runs out and the mental health provider feels it’s too dangerous
for the child to stay at home. The family is left with the option of relinquishing
custody to the count’s child welfare system or trying to pay for services
out of their own pockets. Few families can afford repeated hospitalizations
even if they could find an appropriate facility.
Some counties won’t accept voluntary placement, so the family may file
a Person in Needs of Supervision (PINS) petition on their child with the hope
the court will place their child in the child welfare system. We have heard
that some families are so desperate that they tell county officials they will
hurt or neglect their child so that the child welfare system has to take custody.
This desperate act will stay on the family’s record.
Another scenario is that the family refuses to give up custody. The child’s
symptoms worsen, or the behaviors of the child get out of hand and he or she
gets in trouble with the law, is tried through the court and send to a juvenile
justice facility. Again, the child is in the custody of the state instead of
their loving family.
During the child’s stay in custody, the family has the right to visit
and the staff is supposed to include them in the decisions on the treatment
and care of their child. This often doesn’t happen. While the child is
in custody, to add insult to injury, DSS is empowered to garnish 17% of the
families wages to help pay for the placement.
The emotional costs to the family are unimaginable. Many parents tell us that
this is the hardest thing they have ever had to do. Children feel abandoned,
causing hurt that may last a lifetime.
Families Together in NYS News © 2004. Reprint of this article is strictly prohibited unless granted permission.