When policy meets practice: the untested effects of permanency reforms in child welfare

Journal of Sociology and Social Welfare, March, 2006 by Amy D'Andrade, Jill Duerr Berrick

ASFA does not prohibit the provision of reunification services when a reunification exception condition exists. Rather, services need not be ordered in these cases. Only four states have set a presumption against reunification services when certain reunification exception conditions exist (NCSL, 1999). In these states, once one of the reunification exception conditions is found to exist by clear and convincing evidence, the burden of proof is on the parent to prove that reunification is in the child's best interest.

Considerations in the implementation of reunification exception

Certain aspects of this reform have important implications for its effective application. First, the conditions are not based upon research suggesting families with these conditions are unable to parent safely. For some of the conditions, such as murder or torture of another child, one hardly wants to wait for empirical evidence to accumulate before deciding against allowing such a parent to care for another child. However, the question becomes more relevant for the other conditions that may affect a larger number of people, such as the condition allowing reunification exception for parents who have had legal rights to another child terminated previously. For some of these conditions, there is little empirical evidence that families they describe are either less likely to reunify, or less likely to safely parent upon reunification.

A primary challenge then in the practice of reunification exception lies in identifying those families who do not merit services, while ensuring services are provided to families who could benefit from them. The fact that there is little evidence connecting some of these conditions with failure to reunify or with re-entry to care suggests not only that some parents who might have reunified with services may not receive them, but also that indicators may fail to identify the most dangerous parents. Child deaths are more often associated with neglect than any other type of maltreatment (Lindsey, 2005; USDHHS, 2005c), but severe neglect is not a mandated or suggested condition for reunification exception under the federal legislation.

Although professionals vary in their opinions about when it may be safe to reunify children (Karoll & Poertner, 2003), empirical research has identified some characteristics of families and children more and less likely to reunify. Characteristics of the child, such as ethnicity and race (Berrick, Needell, Barth, & Johnson-Reid, 1998; Courtney, 1994; Courtney, 1995; Davis, Landsverk, Newton, & Ganger, 1996;) and age (Berrick et al., 1998; Courtney, 1995; Fuller, 2005; Landsverk, Davis, Ganger, Newton, & Johnson, 1996) have been shown to be associated with both non-reunification and re-entry to care. Initial placement due to behavior problems (Fraser, Walton, Lewis, Pecora, & Walton, 1996) and child's health problems (Courtney, 1995) are also associated with re-entry to care. Placement with kin (Berrick et al, 1998), and limited or no parental visiting (Davis et al., 1996; Fanshel & Shinn, 1978), are associated with non-reunification (Leathers (2002) also shows a positive association between visitation and reunification), and multiple placements (Fuller, 2005)and previous placements (Fraser et al., 1996) are associated with re-entry. Neglect as the type of maltreatment (Berrick et al, 1998), emotional problems of the parent, and commission of a criminal offense (Rzepnicki, Schuerman, & Johnson, 1997), along with housing problems (Courtney, McMurtry, & Zinn, 2004) are associated with failure to reunify. Although parental drug abuse has been identified as a factor associated with non-reunification (Rzepnicki et al., 1997), compliance with drug treatment has been associated with reunification (Smith, 2003). The child's AFDC eligibility (Courtney, 1995), and the parent's inappropriate use of discipline, fewer parenting skills, and non-utilization of drug treatment, are associated with failed reunifications (Miller, Fisher, Fetrow, and Jordan, 2005; Courtney, 1995).