Position Statement 47: Custody Relinquishment Position Statement
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Statement of position
Families of children with mental health needs must not be put in the position or forced to relinquish parental rights in order to access mental health treatment. Mental Health America believes that the practice of using the child welfare and juvenile justice systems for the sole purpose of accessing mental health treatment must stop, as these systems are ill-equipped to address a child’s mental health needs.
Mental Health America advocates for expansion of treatment options, implementation of Medicaid waivers and insurance parity as alternatives to custody relinquishment. Private insurance plans should include a broader array of community based treatment options. Parity decreases the reliance on public resources to purchase services that should be readily available through families’insurance providers. Home-and-community based waivers, along with culturally appropriate family support programs, respite care, wrap-around facilitation/community support, school support, and early periodic screening should be developed, implemented, and readily available and accessible to families.
Background
According to the final report issued by the President’s New Freedom Commission on Mental Health[i], the public mental health system “is in shambles.”In no place is this more apparent than in the area of children’s services where barriers to accessing much needed treatment through the mental health system often results in parental custody relinquishment to the child welfare and, at times, juvenile justice systems.
According to a report released by the United States General Accounting Office, in the year 2001 over 12,700 children with mental health needs were voluntarily placed in child welfare and juvenile justice systems solely for the purpose of accessing treatment[ii]. Custody relinquishment occurs to families regardless of whether they have access to public or private insurance coverage. For families with insurance, because benefit plans do not cover a variety of service options, significant financial burdens result. Families must often sacrifice savings and retirement accounts and sell personal property as a means to finance the services their child needs to improve his/her mental health. Uninsured families must rely on an under-funded public mental health system, which does not provide appropriate access to services nor adequate treatment choices. For these reasons, and as a last resort when all else has failed, families are faced with trying to access children’s mental health care that is purchased through the child welfare or juvenile justice systems. In order to receive this publicly funded care, families must relinquish parental custody to the state. This breaking of the parent-child relationship is devastating for the child, family, and community.
Call to Action
Children and families have the right to receive the services they need to improve their mental health, and ensure successful development across the lifespan. Mental Health America encourages Mental Health Associations, families and other concerned individuals and organizations to advocate for increased availability, accessibility, and appropriateness of mental health treatment in order to avoid the inappropriate relinquishment of parental rights as a means to receive care. Parents must be provided with information about their options and the mental health services that are available to address the needs of their child. Community-based services designed to eliminate the need for custody relinquishment must be created, implemented and sustained as they are proven to contribute to positive outcomes and family preservation. Insurance parity must be accomplished to provide equal mental health coverage and the increased service options children need to reach their maximum potential and ensure their health and wellness.
Effective Period
The Mental Health America Board of Directors approved this policy on
November 22, 2003. It will remain in effect for five (5) years and is reviewed as required by the Mental Health America Prevention and Children’s
Mental Health Services Committee.
Expiration: December 31,
2008
Effective Period
The Mental Health America Board of Directors approved this policy on
November 22, 2003. It will remain in effect for five (5) years and is reviewed as required by the Mental Health America Prevention and Children’s
Mental Health Services Committee.
Expiration: December 31,
2008
References
Page last updated: 09/20/2007