The NYS Citizens’ Coalition for Children urges support for A.2650/Clark, to allow parents to retain custody of their children in voluntary foster care placements. It is cost neutral and allowable under federal law. Other states have demonstrated that retaining custody is a viable option for special needs children who need out-of-home care services through the local Department of Social Services.
Despite the desire of loving, involved parents to maintain responsibility for their children, they are presently required to relinquish legal custody in order to obtain voluntary foster care services. Thus, parents are punished for responsibly seeking the help their children need. This can be emotionally devastating to both parent and child, especially to an adopted child who may have had multiple moves in foster care before adoption, resulting in a weakened ability to trust.
All other systems of out-of-home care in New York State allow parents to retain custody. Penalizing families whose children obtain services through the child welfare system is inequitable and unreasonable.
Federal law does not require relinquishment. * The federal contribution to the cost of out-of-home care is not affected. Retaining custody is cost neutral. It is both cruel and unnecessary to force parents to relinquish custody in order to obtain needed services for their children.
At least 12 states have laws that specifically prevent parents from being forced to relinquish custody. The states are: Connecticut, Colorado, Idaho, Iowa, Maine, Minnesota, North Dakota, Oregon, Rhode Island, Vermont, Wisconsin, and Massachusetts.
It is time for New York to abandon an archaic and hurtful requirement. On behalf of the Coalition’s statewide network of citizens, agencies, and nearly 150 adoptive and foster parent groups in every region of the state, we urge passage of A.2650.
*See US DHHS Child Welfare Policy Manual for further information http://www.acf.hhs.gov/j2ee/programs/cb/laws_policies/laws/cwpm/qaHistory.jsp?citID=31&id=1143
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NYS Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
607-272-0034 • 607-272-0035 FAX
office@nysccc.org
06/16/2008