End the Scandal of Custody Relinquishment

Support The Keeping Families Together Act (S. 382/H.R. 687)

May 2007

It is “un-American” and contrary to common standards of decency that families in our nation are forced to give up custody of their child to secure mental health treatment.  Yet, it happens to tens of thousands of children and families every year, according to well-documented reports.  This practice of separating children from their families in their hour of greatest need simply must stop.

The Keeping Families Together Act was reintroduced early in 2005.  NAMI applauds the leadership of Senators Susan Collins (R-ME) and Mark Pryor (D-AR) and Representatives Patrick Kennedy (D-RI), Pete Stark (D-CA), Nancy Johnson (R-CT) and Jim Ramstad (R-MN)  -- a bipartisan group of Congressional members that sponsored this legislation.  It promises to address the scandal that has lingered far too long in states throughout our nation – in which parents are forced to give up custody of their child with mental illness to secure vitally necessary treatment.  These Congressional members and the others that have signed on to co-sponsor this legislation have shown true leadership in standing up for children, families and common sense.

The Keeping Families Together Act is a critical step toward ending a mental health system in shambles and building an appropriate system for children with mental illnesses and their families.  They deserve nothing less.  The practice of custody relinquishment has been well documented, not only by the U.S. General Accounting Office in a report released in April 2003, but also by President Bush’s New Freedom Commission on Mental Health and in numerous news stories in states and communities throughout this country.

This legislation promises to keep children with mental illnesses, and in need of services, at home with their families and in their communities -- where they belong -- through three basic mechanisms:

• Provides grants to states to build more efficient, “family friendly” mental health care systems.The existing system of care for children in most states places a heavy emphasis on costly residential services and often requires families to transfer custody of their child to the state to access these costly services.Most families cannot afford those services;
• The bill requires states to provide matching funds over the six year period of the grant program, while also requiring states to develop a comprehensive plan that brings together state child-serving agencies, families and other key stakeholders.This legislation is fiscally modest calling for $55 million to be spent over 6 years to fund state grants to bring an end to forcing families to give up custody of their child;
• Establishes a federal interagency task force – with SAMHSA as the lead agency -- to examine and make recommendations related to mental health issues in the juvenile justice and child welfare systems.

Action Requested

This bill helps to eliminate a cruel choice that thousands of families have faced – accessing mental health treatment or retaining custody of their child.  Families that choose desperately needed treatment and lose custody also lose the right to make important day-to-day decisions about their child’s education, religion, treatment and more.  Children, who are already suffering from a serious illness, are left feeling abandoned in their hour of greatest need.

We urge your support and co-sponsorship of this important legislation to end the unthinkable practice of forcing families to choose between their child and accessing vitally necessary mental health treatment.  We would not think of asking the families of children with other serious illnesses – like cancer or diabetes – to give up custody of their child to access treatment.  It is simply wrong to do so with a child with a mental illness.

To contact your representative about this bill and to learn more about what you can do to help with the cause visit our Take Action portion of the website. For more information about the issue visit the Juvenile Justice & Child Welfare portion of our website or contact Darcy Gruttadaro, Director of theChild & AdolescentActionNAMICenter (ph: 703-516-7965, email: darcy@nami.org)

Keeping families together is a value that we can all agree on.

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