Legalized orphans : parental relinquishment to child welfare

This exploratory study examines the phenomenon of voluntary parental relinquishment to alternative care. In 2006 there were 51,984 children voluntarily placed into alternative care by a parent (Department of Health and Human Services, 2006). The occurrence of parents relinquishing a child to the state‟s custody is not a recent one. Literature evidence (Cohen, et al., 2003; GAO, 2002; NAMI, 1999) most frequently attributes mental illness of the child and subsequent unmet mental health needs as a predecessor to voluntary placement. Both federal and state research indicates that voluntary relinquishment is occurring for families who are economically unable to provide mental health services to a child. However, some children are voluntarily relinquished with no known history of mental health issues (AFCARS, 2006). This raises the question of what makes a child or a family vulnerable to voluntary placement in alternative care. This study will enhance current literature through an exploratory analysis of the nationwide population of children in alternative care to determine those factors which influence a parent‟s voluntary relinquishment. Benner: Parental Relinquishment to Child Welfare 1 Chapter 1: Children Voluntarily Relinquished to Alternative Care In 2006, 51,984 children were voluntarily placed into alternative care by a parent (Department of Health and Human Services, 2006). Originally, alternative care was intended to provide a safe, temporary home for children whom the court ruled could not safely live with a parent; the majority of children placed in foster care are adjudicated into state‟s custody primarily due to some form of abuse or neglect. However, seven percent of all children in alternative care are relinquished by a parent, rather than the traditional entry into care due to a legal finding of unsafe living conditions. Voluntary relinquishment occurs when a parent(s) chooses not to provide a home and requests that the state assume care, custody and control of the child. This has been termed in the literature as “legalized orphans” (Crosson-Tower, 2007). Voluntary relinquishment is a concern because permanent placements are difficult to attain for children in alternative care, particularly if a parent is not a viable resource for permanency. The average length of stay for children in care during 2006 was 28 months; for those unable to reunify with the family of origin, the average stay in alternative care is 39 months (AFCARS Report, 2008). While efforts are typically made to preserve the family of origin, there may be barriers to reunification including poverty, addiction and mental illness, all potentially resulting in an inability to care for a child. Those challenges to reunification may result in the family of origin no longer considered as a placement option. When parents are no longer considered a placement option, typically a legal termination of parental rights will occur and the child will be legally available for adoption. Benner: Parental Relinquishment to Child Welfare 2 Children in foster care often face challenges with potentially undesirable outcomes. The 2003 National Survey of Child and Adolescent Well-Being (NSCAW), conducted by the U.S. Department of Health and Human Services, indicated that children in alternative care consistently scored lower than their peers in the areas of cognition, language, behavior and overall academic success. In a 2003 nationwide review of foster care alumni, Pecora et al. found higher rates of homelessness and teen pregnancies as well as lower rates of educational attainment and earned income in former foster care children as compared to national rates of children not placed in foster care. Mental health diagnoses, particularly mood and anxiety disorders, were also higher in foster care alumni rather than and the general population (Pecora et al., 2003). These disparities demonstrate how alternative care placements can be problematic for a child. Given these issues, empirical knowledge is needed to understand why some families may voluntarily subject their child to the potential hazards of foster care. Perhaps families believe the advantages alternative care offers outweigh the deficits; or perhaps families are unaware of the challenges that may occur for a child in alternative care. In 2006, there were 51,984 children who were voluntarily relinquished to alternative care (AFCARS, 2006). Given the difficulty in finding stable, permanent homes for children when the family of origin is not a viable option for permanency, these numbers suggest a need for greater knowledge of the issues leading to voluntary relinquishment.