In the first installment of this two part series, we discussed the investigation that Target 8 had conducted into how much oversight CPS provides for families after a baby is born with drugs in it’s system. According to the Office of Children’s Ombudsman, the answer is not enough. But according to CPS, a parent with substance abuse issues isn’t automatically a neglectful parent. So who is right in this case, and should standing policy be changed?
Senator Rick Jones says that when he watched the Target 8 show he wasn’t just sad or surprised, he was angry. “When you have a baby born with illegal drugs in its system, certainly it’s our job as the state to continually watch over them and make sure they’re safe.” he explained. “For a state not to continue to check for at least three months I think is wrong… three months is the least we can do.”
The bill that Jones is pursuing would make it a legal requirement for CPS to open an investigation into a family where the baby is born with drugs in their system. The case would require that CPS track the family and interact with them on a regular basis for the first 90 days after a baby is born, in order to make certain that they are being properly cared for.
Great as this may sound to people who are concerned about the welfare of babies in general, there is more to consider when discussing what CPS can and cannot do in these situations. You have only to look at the caseload of the average CPS agent, who is hugely overworked and spread thin, in an industry that has a very high turnover rate, to know that adding hundreds of cases is practically impossible.
A study conducted by the University of Michigan, published in the Journal of the American Medical Association, shows that the number of babies born with addictions has more than tripled in the last decade. In the last five years, the number has increased more than 500 percent, and shows no signs of stopping. The same study reveals that a drug addicted baby is born approximately every hour in the U.S.
Logistically, Michigan CPS cannot assume that burden without a substantial increase in the number of workers the agency employs. Given the rolling trend towards government budget cuts in recent years, that is an unlikely scenario. However, even if you put aside the issue of manpower and availability, there is always the issue of lumping all families with substance abuse issues into one category.
Colin Parks, CPS state manager, spoke to Target 8 about the state’s perspective on this problem. “We can’t just say, ‘Well, you are a substance abuser, so we are going to open a case. Every single case is different. To come down and say, ‘In these types of cases we always do X, Y and Z’ is something I am not comfortable doing because all of these cases are unique. All families are unique, and being able to provide a good assessment and good intervention based on what those needs are is important to us.”
He went on to explain that state agencies walk a fine line with regards to the law. “Child protection law says you do not have the legal right to do any more than what you are doing right now. You can investigate, you can assess, you can provide services, but if there is no risk to that child, or no identified risk of the child becoming unsafe, then why are you still (involved with the family)?”
As of now, we have no idea what exactly Jones’ bill will include, or how he proposes to fund the changes he hopes to make to child protective law. The bill is expected to be introduced in early 2017. Until then, we will keep a look out, and let you know of any relevant changes as they come down the pipeline.
Until then, if you need help dealing with a child abuse or neglect accusation, or if you are being investigated by CPS for drug use or child neglect, contact us at 866-346-5879. Our skilled CPS defense attorneys have decades of experience keeping families together. We can help yours too.