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Protocol for Making Reasonable Efforts in Drug-Related Dependency Cases

NCJ Number
137875
Date Published
1991
Length
67 pages
Annotation
This document, prepared in response to the problems of drug-exposed infants and children and their mothers, fathers, and families, describes a protocol to help keep most families together and to safely prevent the placement of children in foster care or other substitute environments.
Abstract
Researchers estimate that about 739,200 women use one or more illegal substances during their pregnancies each year. Many child welfare systems have been caught unprepared for the rise in the number of substance-exposed infants. In some cases, agencies have removed newborn infants from their mothers without taking the time to determine whether such removal is necessary or even in the infant's best interest. The Adoption Assistance and Child Welfare Act of 1980 underscores three important principles: prevention of unnecessary foster care placement; reunification of children in foster care with their biological families when feasible; and timely adoption of children unable to return home. The act requires judges to determine whether reasonable efforts have been made to enable children to remain safely at home instead of being placed in foster care. Family-centered services can help families and social service systems avoid unnecessary out-of-home placement. Law enforcement and social service workers should intervene to protect children and to coordinate with service providers so that children are not unnecessarily placed in shelter care. In addition, the juvenile or family court should ensure that services are provided to maintain the child within the family or to reunify the family if the child was removed. The model protocol, developed by the National Council of Juvenile and Family Court Judges, contains questions to guide risk assessment and identify family preservation service needs of drug-exposed families. The protocol identifies the roles and responsibilities of decisionmakers, includes a court proceedings checklist, recommends service delivery systems for strengthening families, and contains an overview of statutory and case law. Model programs mentioned in the document are based on an ideal set of services that may not be present in some communities. In all communities, however, funding can be appropriately reduced by strengthening families through effective services for drug-exposed children and their mothers, fathers, and families. Appendixes provide additional information on model programs for drug-exposed mothers and children and a list of national drug and alcohol resources.