Custody Relinquishment to Obtain Mental Health Services for Children

Take action to End Juvenile Injustice in California (1/26/05) Help Keep Ohio Families Together (1/26/05) California Kids with Mental Illness Warehoused in Juvenile Detention (1/24/05) Legislative Update: Bills to Prevent Custody Relinquishment for Mental Health Services Await New Congress (12/20/04) Legislative Update: Prospects Uncertain for Children's Mental Health Bills (9/14/04) Tell Lawmakers to Co-Sponsor the Keeping Families Together Act (3/3/04) Mental Health Advocates Honor Maine Senator (12/02/03) Remarks by Sen. Susan Collins at the Bazelon Center's luncheon in her honor (12/3/03) Update: Bazelon Center Statement on The Keeping Families Together Act (10/2/03) Legislation: the Keeping Families Together Act Read a summary of the Keeping Families Together Act (PDF file)* Staff Attorney Tammy Seltzer Testifies on Custody Relinquishment before the Senate Committee on Governmental Affairs (7/15/03) *You will need the free Acrobat Reader to view and print this file.

Many children in the United States are uninsured or underinsured for mental health care, and those who do have coverage often can't access the care they need. When private or public insurance plans will not pay, many parents face a painful dilemma: to get the mental health treatment their child needs, they must turn their son or daughter over to the child welfare or juvenile justice system. More often than not, the child is then put in institutional care far from home. Studies confirm that the practice of requiring custody relinquishment occurs in at least half of the states, affecting as many as 20 percent of families of children with serious emotional disturbance.

• Resources on Custody Relinquishment
• Getting Help
• News
• Alerts and Updates

Resources on Custody Relinquishment

We believe parents should never be asked to sever ties with their children to obtain mental health services and have published several publications on the issue.

• Relinquishing Custody, The Tragic Result of Failure to Meet Children's Mental Health Needs, available from our bookstore. (2000)
• Staying Together: Preventing Custody Relinquishment for Children's Access to Mental Health Services (November 1999)
• Avoiding Cruel Choices: A guide for policymakers and family organizations on Medicaid's role in preventing custody relinquishment. (November 2002)
• An Advocate’s Guide to Overcoming State Barriers and Obtaining a Home- and Community-Based Waiver for Children with Mental Health Needs : A waiver of federal Medicaid rules to provide home- and community-based services to children who would otherwise need a hospital level of care can increase access to mental health services by offering insurance to children whose income exceeds Medicaid eligibility requirements. The waiver also offers an opportunity to expand Medicaid's array of services. This report identifies barriers to state implementation of the waiver and discusses how some states have overcome those barriers. (January 2003)

Another helpful resource for advocates challenging custody relinquishment is a paper on litigation strategies.

For a poignant account of a five-year-old's plight in the absence of access to mental health care and a list of links, see Brandon's Cause.

Getting Help

Unfortunately, the Bazelon Center lacks the resources to assist with individual cases of custody relinquishment. However, we have put together some resources designed to help parents facing custody relinquishment find support and legal assistance.

• Help with Custody Relinquishment

News

• Bazelon Mental Health Policy Reporter: Senate Passes Family Opportunity Act (5/6/04)
• Remarks by Sen. Susan Collins at the Bazelon Center's Luncheon in her Honor (12/2/03)
• Mental Health Advocates Honor Maine Senator (12/2/03)
• Update: Bazelon Center Statement on The Keeping Families Together Act (10/2/03)
• Staff Attorney Tammy Seltzer Testifies on Custody Relinquishment before the Senate Committee on Governmental Affairs (7/15/03)
• Parents Give Up Custody of Children for Mental Health Services, Says New Government Report (4/21/03)
• States Failing to Meet Children’s Mental Health Needs (11/18/02)
• Advocacy Group Presses for Congressional Action for Children with Mental Disabilities (9/30/02)

Alerts & Updates

• Legislative Update: First Session of 108th Congress Adjourns with Little Achieved - Includes Updates on The Family Opportunity Act and The Keeping Families Together Act
• 107th Congress Leaves Unfinished Business - Includes Family Opportunity Update (12/18/02)
• Few Legislative Days Remain Before Elections - Includes Family Opportunity Update (8/20/02)
• Family Opportunity Act Passes Senate Finance Committee (7/22/02)
• Pressure to Pass the Family Opportunity Act (2/20/02)