Introduction
Based on an examination of the work of Oppenheim et al. (2012) which examined the status of children in foster care, it was noted that in matters related to custody and child welfare, the reunification of a child with his/her parents (when realistic) was a constant and prevailing theme among the many legal cases examined (Oppenheim et al., 2012). The reason behind such actions are in part revealed in the study of Mitchell et al. (2010) which showed that the psychological welfare of children hinged on developing a proper parental relationship which, more often than not, can be provided by the child’s biological parent (Mitchell et al., 2010). However, it should be noted that rulings in favor of reunification are heavily dependent on the absence of the following factors: chronic abuse, neglect, abandonment, and parental incapacity. In instances where any or all of the factors are noted in a parental case, it is likely that reunification, despite the protests of a parent, will not be possible given that the government has the responsibility of ensuring the continued safety and wellbeing of the child in question.
Examining the Issue of Foster Case
When examining the potential for Annette’s foster parents not seeking to adopt her, you have to take into consideration the Adoption and Safe Families Act which specifically states that an individual’s rights as a parent can be terminated if it has been shown that a child has been in foster care for 15 of the previous consecutive 22 months and that the parent has not shown sufficient effort in either contacting the child or pursuing some form of rehabilitation to become a proficient parent. It is based on this that despite the potential scenario of the foster parents of Annette not wishing to adopt her, it is still unlikely that parental custody would have been given to the father. This is on top of the fact that insufficient evidence has been presented by the father that he was a part of Annette’s life and that he had attempted any possible methods to get closer to her.
Evaluating the current situation of the Child
When it comes to the issue of evaluating the current situation of the child in light of the legal standard of termination, you need to take into consideration the fact that the legal standard for termination is utilized as a last resort when it has been evidenced that any realistic reunification between parent and child is just not feasible (Bruskas, 2010). For example, the 15-month rule when it comes to a child in foster care was established due to the potential that a parent that had neglected and abandoned their child for an extended period might do so again. As such, it was necessary to implement some means of evaluating the capacity of a parent to show that they care for the child in question. Such a standard also applies to instances related to chronic abuse and general parental incapacity. It is based on this that despite the current situation of the child and the wishes of the parent the legal standard must be upheld. On the other hand, it should be noted that there are instances where exemptions can be made if it was shown that prior circumstances prevented the parent from effectively attempting to pursue any relationship with the child or even contact them. This was seen in the case of Annette wherein the father, Joseph, had been incarcerated and that the mother had moved to a completely different area without telling the father where she had gone. This creates sufficient evidence to show that the father had no choice in not being able to contact his child given the events that transpired.
Conclusion
Despite this, it is unlikely that the judge would have ruled in favor of the father given that the father was not attempting to seek legal custody of his child, rather, he was merely trying to ensure that his parental rights would not be terminated completely. It is due to such a technicality that the judge followed the full letter of the law in this case since to do so would result in the best possible outcome for the child. If the father had shown that he was willing to take custody of the child and had attempted to pursue the normal procedure of evaluation, then it would have been likely that the child would have gone to him.
References
Bruskas, D. (2010). Developmental Health of Infants and Children Subsequent to Foster Care. Journal Of Child & Adolescent Psychiatric Nursing, 23(4), 231-241
Mitchell, M. B., Kuczynski, L., Tubbs, C. Y., & Ross, C. (2010). We care about care: advice by children in care for children in care, foster parents and child welfare workers about the transition into foster care. Child & Family Social Work, 15(2), 176-185.
Oppenheim, E., Lee, R., Lichtenstein, C., Bledsoe, K. L., & Fisher, S. K. (2012). Reforming Mental Health Services for Children in Foster Care: The Role of Child Welfare Class Action Lawsuits and Systems of Care. Families In Society, 93(4), 287-294.