Pubdate: Thu, 05 Sep 2002
Source: Arizona Republic (AZ)
Copyright: 2002 The Arizona Republic
Contact:  http://www.arizonarepublic.com/
Details: http://www.mapinc.org/media/24
Author: J. Kipp Charlton and Mary Ellen Rimsza
Note: Dr. Charlton is chair of the Maricopa County Child Fatality Review 
Team. Dr. Rimsza is chair of Arizona Child Fatality Review Team and of the 
legislative committee of the American Academy of Pediatrics AZ Chapter.

CHILD'S SAFETY OR PARENTS' RIGHTS?

Our Turn

In the past few weeks, Child Protective Services has twice made headlines 
for its decisions.

In the first case, CPS was lambasted by state Rep. Debra Brimhall for 
removing Samuil Baldwin from his home. Samuil had third-degree burns on his 
feet, bruises all over his body and a handprint on his bottom.

CPS decided it was best to place Samuil in the care of his adopted 
grandparents - and has had to endure media attacks because of the decision.

A few days later, CPS was again in the news, but this time it was because 
it did not remove Anndreah Robertson from her cocaine-addicted mother's care.

There seems to be no shortage of experts in our community ready and willing 
to tell CPS how to do its job. Anyone who has lived in Arizona for more 
than a few years knows that sad cases like those of Anndreah and Samuil 
occur with some predictability, and the response is predictable as well: 
lots of finger-pointing and hand-wringing.

There is an old saying that in any given situation, the proper course of 
action is determined by subsequent events.

In retrospect, Anndreah should have been removed from her drug- infested 
home. However, prenatal substance abuse is not a crime and in the past the 
courts have not supported CPS' decision to remove children from their 
substance-abusing parents.

As pediatricians, we think no child should be left in the custody of a 
cocaine addict, because a parent who is high and continually seeking drugs 
cannot appropriately care for their child. It is neglect, however, and not 
medical complications of drug exposure, that poses the biggest risk for 
these babies.

While deaths from direct exposure to illicit drugs are rare, fatalities 
from accidental injuries that could have been prevented by better parental 
supervision and medical care are unfortunately common when children are 
left in the care of addicted parents.

If legislative change is necessary to make it easier for CPS to take 
custody of these cocaine babies, then let's do it. However, legislation 
alone will not prevent further tragic deaths like Anndreah's.

Who is going to pay to care for these children after they are removed from 
their homes and provide treatment for their parents? The number of children 
at risk in our community is staggering. According to the 1999 National 
Household Survey on Drug Abuse, one-third of the total adult population in 
the United States admitted to the use of some illicit drug and one-fourth 
of these individuals identified cocaine as their drug of choice.

About 45,000 infants are born each year in this country after having been 
exposed to cocaine in utero. We lack treatment programs for these mothers 
and we lack foster homes for their children. Even if treatment is 
available, many of these mothers are not interested in abstinence and the 
only solution may be to sever parental rights. This is also a difficult 
task - and even if these children could be permanently removed from their 
homes, are there 45,000 families available each year willing to adopt a 
cocaine baby?

Arizona has a long tradition of upholding the rights of parents to raise 
their children as they see fit. In general, the Legislature has sent a 
clear message to CPS over many years: Society must not interfere with the 
rights of its citizens, especially parents. There is an active, angry and 
vocal group of parents who feel that has happened to them, and who seem to 
have the sympathetic ear of many legislators.

The CPS workers that we know are caring, thoughtful, hard-working people 
(often parents themselves) who are constrained by limited resources, 
inadequate manpower and the pervasive (and perverse) policy that often 
places parents' rights before the child's safety.

They must make painfully difficult decisions, working within the legal and 
financial constraints of an overburdened child-protection system. We are 
not apologizing for CPS, but they are in a "damned if you do and damned if 
you don't" situation.

Public policies regarding substance-abusing parents must be based on sound 
medical evidence. While it is easy to criticize, working toward meaningful 
solutions to such a complex problem as parental drug abuse is hard.

As pediatricians, we are horrified by these deaths and injuries and would 
like to help ensure that all children have the opportunity to be loved and 
nurtured by parents who are capable of doing so. And, we hope that 
legislators, judges, journalists and community leaders will support these 
goals as well.
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MAP posted-by: Beth