The Inclusion of Disability as a Condition for Termination of Parental Rights

Objectives: All 50 states and the District of Columbia have statutes outlining the grounds for terminating parental rights (TPR) in relation to child abuse and neglect. Although recent research has found that parents with disabilities are not more likely to maltreat their children than parents without disabilities (Glaun and Brown, 1999, Oyserman et al., 2000), studies have found very high rates of TPR of parents with disabilities (Accardo & Whitman, 1989). The objective of this study is to examine how states are including disability in their TPR statutes. Methods: This study used legal document analysis, consisting of a comprehensive Boolean search of the state codes of the 50 states and District of Columbia (DC) relating to TPR, using the most recent state code available on Lexis-Nexis in August 2005. TPR and related statutes were searched for contemporary and historical disability related terms and their common cognates, such as: “mental,” “disability,” “handicap,” and “incapacity.” Two researchers independently conducted the searches, and the searches were reconciled. A code list was then developed to measure for inclusion of disability, preciseness, scope, use of language, and references to accessibility or fairness. Statutes were then reanalyzed, and groupings developed. Results: Thirty-seven states included disability-related grounds for termination of parental rights, while 14 states did not include disability language as grounds for termination. Many of these state codes used outdated terminology, imprecise definitions, and emphasized disability status rather than behavior. All of the 14 states that do not include disability in TPR grounds allowed for termination based on neglectful parental behavior that may be influenced by a disability. Conclusions: The use of disability language in TPR statutes can put an undue focus on the condition of having a disability, rather than parenting behavior. Implications: This paper recommends that states consider removing disability language from their statutes, as such language risks taking the emphasis away from the assessment based on parenting behavior

Child Abuse & Neglect: The inclusion of disability as a condition for termination of parental rights

Objectives: All 50 states and the District of Columbia have statutes outlining the grounds for terminating parental rights (TPR) in relation to child abuse and neglect. Although recent research has found that parents with disabilities are not more likely to maltreat their children than parents without disabilities (Glaun & Brown, 1999; Oyserman, Mowbray, Meares, & Firminger, 2000), studies have found very high rates of TPR of parents with disabilities (Accardo & Whitman, 1989). The objective of this study is to examine how states are including disability in their TPR statutes. Methods: This study used legal document analysis, consisting of a comprehensive Boolean search of the state codes of the 50 states and District of Columbia (DC) relating to TPR, using the most recent state code available on Lexis-Nexis in August 2005. TPR and related statutes were searched for contemporary and historical disability related terms and their common cognates, such as: “mental,” “disability,” “handicap,” and “incapacity.” Two researchers independently conducted the searches, and the searches were reconciled. A code list was then developed to measure for inclusion of disability, preciseness, scope, use of language, and references to accessibility or fairness. Statutes were then reanalyzed, and groupings developed. Results: Thirty-seven states included disability-related grounds for termination of parental rights, while 14 states did not include disability language as grounds for termination. Many of these state codes used outdated terminology, imprecise definitions, and emphasized disability status rather than behavior. All of the 14 states that do not include disability in TPR grounds allowed for termination based on neglectful parental behavior that may be influenced by a disability. Conclusions: The use of disability language in TPR statutes can put an undue focus on the condition of having a disability, rather than parenting behavior. Implications: This paper recommends that states consider removing disability language from their statutes, as such language risks taking the emphasis away from the assessment based on parenting behavior

Prevalence of children with disabilities in the child welfare system and out of home placement: An examination of administrative records

This article explores the prevalence and characteristics of children with disabilities within the child welfare system using administrative data from the State of Minnesota. This study finds that more than a fifth (22%) of children with substantiated maltreatment are labeled in administrative records as having a disability, and more than one quarter of children (27.9%) over age five. The most common type of disability among children with substantiated maltreatment was emotional disturbance, while other common disabilities included intellectual and developmental disabilities and learning disabilities. Using logistic regression, this study finds that children with substantiated maltreatment with disabilities were about two times more likely to be in out of home placement than children with substantiated maltreatment without disabilities

Episode 1: It Takes a Village: Interview with Traci LaLiberte

Runtime 31:31In this episode Korina chats with Traci LaLiberte, Executive Director of CASCW. Traci shares how the pandemic has impacted the work of CASCW over the first month of social distancing and Stay at Home Executive orders in Minnesota. Traci provides insight into some of the ways the child welfare workforce has been impacted so far and how CASCW can support the workforce in the coming months

Adoption Discontinuity in Intensive Out-of-Home Care Settings

This study sought to understand previous adoption experiences of youth placed in residential, group, and treatment foster care settings. A secondary analysis of an existing point-in-time prevalence study of 869 youth in 38 private residential, group home, and treatment foster care facilities were conducted. Gender, race, number of placements, and having a developmental disability were variables that significantly explained adoption disruption while placement histories and race/ethnicity significantly explained adoption dissolutions. Findings suggest the need for ongoing worker, provider and caregiver training and the importance of understanding a youth’s adoption history

Child welfare professionals' responses to domestic violence exposure among children

Child welfare professionals are expected to promptly assess the current safety and future risks of children reported to them. Developing more accurate assessment methods has been a growing concern in child welfare. The presence of domestic violence and children's exposure to it are factors that have been included in many current risk assessment models used by child welfare professionals. An online survey of 152 child welfare professionals was conducted in twenty counties in one midwestern state. Professionals reported on the importance of (a) types of violence in a child's home and (b) the child's level of involvement in that violence; they also responded to how two hypothetical scenarios of child exposure to and involvement in violence would affect their decision making. The results provide insight into how child welfare professionals assess child exposure and involvement in domestic violence as a perceived risk and guidance on the training needs of these professionals.Child welfare Domestic violence Child exposure to violence