NCJ Number
48684
Journal
Harvard Educational Review Volume: 43 Issue: 4 Dated: (NOVEMBER 1973) Pages: 599-638
Date Published
1973
Length
40 pages
Annotation
THE LEGAL DECISIONS TO ALLOW A STATE TO COERCIVELY REMOVE A CHILD FROM THE HOME, DESPITE PARENTAL OBJECTIONS ARE EXAMINED.
Abstract
THE DECISION TO REMOVE A CHILD FROM HIS/HER FAMILY IS ULTIMATELY LEFT TO THE DISCRETION OF THE JUDICIARY; JUDGES MUST DECIDE CUSTODY CASES ON THE BASIS OF WHAT IS IN THE BEST INTEREST OF THE CHILD. HOWEVER, THIS PROCESS USUALLY NECESSITATES THE INCORPORATION OF THE JUDGE'S PERSONAL VALUES AND OFTEN INVOLVES CLASS BIAS. THE CHILD MAY BE REMOVED FROM THE HOME FOR VARIOUS REASONS, INCLUDING: MENTAL ILLNESS, CHILD BEHAVIOR, NEGLECT OR ABUSE, PHYSICAL ILLNESS, UNWILLINGNESS OR INABILITY OF PARENTS TO CONTINUE CARE, FAMILY DYSFUNCTION, UNWILLINGNESS OR INABILITY OF PARENTS TO ASSUME CARE, OR ABANDONMENT OR DESERTION. THE PROCESS BY WHICH THE CHILD IS REMOVED AND PLACED UNDER STATE SPONSORED FOSTER CARE IS ANALYZED. IN THIS DISCUSSION, FOSTER CARE IS USED TO MEAN FOSTER FAMILY HOMES, GROUP HOMES, AND CHILD WELFARE INSTITUTIONS. IDEALLY, THE FOSTER HOME SHOULD BE ONLY A TEMPORARY ARRANGEMENT, ALTHOUGH THIS IS RARELY THE CASE. ONCE THE CHILD HAS BEEN UNDER FOSTER CARE FOR MORE THAN 18 MONTHS, THE CHANCE OF RETURNING HOME OR BEING ADOPTED IS SLIGHT. THESE CHILDREN ARE RAISED IN LIMBO, WITHOUT THE BENEFIT OF A PERMANENT AND SECURE HOME. THE RISKS OF FOSTER CARE PLACEMENT ARE ANALYZED IN TERMS OF THE EMOTIONAL TRAUMA AND PSYCHOLOGICAL DISTRESS WHICH MAY AFFECT THE CHILD. A NEW STANDARD TO LIMIT REMOVAL OF CHILDREN FROM THE FAMILY IS PROPOSED: CHILDREN SHOULD BE REMOVED ONLY AS A LAST RESORT, WHEN THE CHILD CAN NO LONGER BE PROTECTED IN THE HOME. THE DECISION TO REMOVE THE CHILD SHOULD BE BASED ON LEGAL STANDARDS THAT CAN BE APPLIED IN A CONSISTENT MANNER, AND NOT BE LEFT TO THE INFLUENCE OF THE DECIDING JUDGE'S VALUES. ONCE THE DECISION TO PLACE THE CHILD UNDER FOSTER CARE IS MADE, THE STATE SHOULD ACTIVELY SEEK TO HELP THE CHILD'S PARENTS OVERCOME THEIR PROBLEMS SO THAT THE CHILD CAN BE RETURNED HOME AT AN APPROPRIATE TIME. VOLUNTARY REMOVAL FROM THE HOME IS BRIEFLY DISCUSSED. TABULAR DATA ARE PROVIDED. REFERENCES ARE FOOTNOTED. (JSP)