An Uncared for Special Needs Petition focuses on the child’s behaviors rather than the parent’s conduct. Therefore, it is more gentle DCF approach in the Juvenile Court than a filing a Neglect Petition against parents. But the ultimate outcome is often the same – Committment of the child to DCF rather than the state providing services to prevent out of home placement.
When parents cannot access or afford high-level mental health care, or when they refuse to take their children home from hospital emergency rooms because they fear for the safety of their families, they end up in a situation they say is untenable: relinquishing custody to DCF, which means losing control over treatment decisions and, in some cases, losing track of their children entirely.
A group has come together to speak to legislators about tightening state rules to eliminate custody relinquishment as an option for accessing intensive mental health services. The group met with DCF officials recently to air their concerns and is considering a class-action lawsuit against the state to contest the practice of using so-called “uncared for” petitions for children with complex behavioral needs who need residential care. The parents and lawyers allege that financial considerations are prompting the custody-for-care pressure by DCF workers, as the agency reduces funding for children not legally in its care and limits residential placements.
When states take custody of children, they are able to access federal funds to provide mental health services, the advocates say — and the state no longer has to heed parents’ demands for expensive residential treatment.
DCF policy is supposed to be that parents who have children with complex and unmet needs and who meet eligibility for Voluntary Services may receive help to access any public or private community services. But in my experience this is rarely the case. This is especially true with now with DCF laying off workers and reducing voluntary, specialized out-of-state placements.
Contact me by email or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you would like more information regarding a DCF Uncared for Special Needs Petition.
Source: Families faced with giving up custody for care – Connecticut Post