Social Work Topics: Law v. Best Interest.

Here’s a little snippet of one of my cases:

Kids were removed in August 2013 for neglect, probable possible unsubstantiated physical abuse, and dangerous housing. The birth parents are not doing well in their improvement period. The state worker is going to advocate that parental rights be terminated. The three youngest are in a foster home together. The foster parents want to adopt. A kinship home has an approved home study and they want these children (there are two older half-siblings in a different home that this kinship home is not interested in taking).

Law states that if at all possible, children should remain with family (kin).

My job is to advocate for these children’s best interest. I tell my families and children that I have three main tasks in my cases:

  1. Ensure the children are safe
  2. Ensure the children are healthy (body, mind)
  3. Ensure the children are happy

Here’s my dilemma:

At the beginning of the case birth mom was pregnant with the youngest of these children and she knew that she’d be having a girl. A kinship home stepped forward stating they were interested in adopting the baby girl should that become an option. They did not want the two boys. The boys were placed in their current foster home and the little girl joined them when she was born. The boys literally bounced off the walls. These were normal behaviors:

  • Biting, hitting, scratching
  • Pulling safety caps off outlets (I can’t get those out without some sort of tool)
  • Taking off outlet covers with no tools
  • Tearing all of their clothes out of the closet
  • Pulling closet doors off the track
  • Opening doors and dashing outside
  • Escaping from car seats
  • Climbing out of high chairs
  • Throwing food
  • Waking up with night terrors at least once a week

Now when I go visit these children they are well-behaved. They’re still very, very busy children, but the foster parents are able to keep them in line. They sit through dinner. They listen to and follow through with directions. They can sit for several minutes at a time without tearing something apart. These children are so completely different than when they were first placed.

Law states that if a kinship home is found that we (the children’s team) should do everything we can to place the children with that family IF we feel the family is an appropriate home. This family has passed a home study. I do not know if this is the same family that initially just wanted the baby girl. My fear is that if the state worker advocates that this family should become the caregivers of these children that these precious kiddos will end up back at square one – wild. And then, if this family decides they cannot handle the behaviors that they’ll just toss them back into the system…

My job is to make sure these kids are safe, healthy, and happy. I do not feel that these children would be healthy (mind) or happy if they left their current placement.

Decisions, decisions.

Really, this isn’t a decision. This is more like a I-need-a-game-plan-to-ensure-the-judge-sees-things-my-way type situation. I’ve received letters from service providers and doctors. I need to talk to the kids’ GAL (Guardian ad Litem) and get her perspective. I need to talk with my supervisors and have more advocates in the courtroom.

Sometimes the law and best interest of the children do not coalesce.

So, which should/will be upheld?