The Child Welfare System
Michelle D. Sandoval
University of Texas at El Paso
Abstract
For decades, the welfare of children has been a sensitive subject among many communities. Moral dilemmas can be raised as to when to intervene upon suspected neglect or abuse. While the best interest of the children should always be a high priority, many may be hesitant to intervene for many reasons. Among those reasons, there may be fear of retaliation, uncertainty as to whether or not there actually is some kind of wrong doing, and lack of knowledge as to what the outcome may be. Perhaps when presented with the investigation process and facts, those who may suspect ill activity will be more inclined to partake in their ethical duty as concerned citizens.
According to the law, as citizens it is required that we report suspected child abuse. Failure to do so is a criminal offense. However, as long as a report is filed with CPS in good faith, the person who makes the call is protected from liability. It may be the lack of knowledge of this fact that prevents one from making that crucial phone call. Even if an individual only suspects abuse, it is of the utmost importance for the well being of the child or children involved that it be reported in a timely manner. The person reporting an incident will be asked to provide certain details of the child or children in question: the location of the victim, what is known about the child and what is known about the events leading up to the filing of the report. Most importantly, report even when in doubt. The Department of Family and Protective Services, DFPS, will be able to help assess if the situation requires intervention.
Upon receiving a report of possible abuse, Child Protective Services workers will assess the situation and begin their investigation. This can happen within hours to a few days depending on the severity of the suspected abuse. The investigator will question adults involved, parents, caretaker, and teachers. They come to one of two conclusions: unsubstantiated or substantiated. Unsubstantiated, meaning that there is no reason to believe that a threat exists. Substantiated, meaning that proof is sufficient enough to believe that abuse has occurred. Should a substantiated event be concluded, the child in question may be removed from the home and placed in alternate care. In most cases, the child is likely to be placed with other family members. In the most severe cases, the child will be placed under the care of the state while legal proceedings are handled by the state agency in charge of the welfare of the children.
The court system tries to do all things necessary to keep families together. Many cases are not so severe as to completely sever ties from parent to child. If the family is deemed a low risk of future incidents, the child welfare agency may offer assistance with limited intervention. Low to moderate risk families may have case workers visit on a regular basis to evaluate the family structure of the household. In many instances, it is only a matter of parents attending court ordered parenting course to steer the parent or guardian in the right direction. Moderate to high risk cases may require more severe actions be taken. It is these cases that more than likely will require the child or children be taken from the home and placed in alternative care.
Severe cases in which there is serious physical and sexual abuse are referred to law enforcement, in which case formal criminal charges are filed. The perpetrator’s name may be placed on a registry with the state whether or not criminal charges are filed. Such registries are confidential and usually used for internal purposes within child protective agencies and may also be used in background checks for those seeking employment in which the applicant will have contact with children.
When a child is removed from an unstable environment, they will be placed in foster care. Children placed in foster care are more often placed with family members to ensure the well being of the child. Those who have taken charge of the child are eligible for state funded assistance to help provide medical and financial assistance for the child. Visitations between parent and child can be arranged on a case by case basis. If siblings are separated, visitations are also arranged for them as well. Permanency plans are encouraged for children in the foster care system. Such plans are devised to describe where the child will live after he or she leaves foster care. Courts hold special permanency hearings after 12 months of the child entering the system and every 12 months afterwards. These hearings will help to decide the best course of action in permanent care for the child and family. Foster care is a temporary resolution while legal channels are followed for the family in question. Unless circumstances are extreme, family reunification is a primary goal for all parties involved. Unsuccessful reunification may usually lead to legal adoption, or if the adolescent is old enough, they may remain in the foster care system until they reach legal adult age.
Statistically speaking, children raised in abusive households are more likely to continue the cycle of abuse. Intervention at an early stage is a key factor to the safety and welfare of not only children, but the family as a unit as well. Many parents may not even realize that their behavior is abusive in anyway. It may be the only way of life the parent has ever known. However with the proper therapy and counseling, the family may be restored to a healthy environment for the child to succeed and flourish into a well rounded adult, ending the cycle of abuse.
References
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