Foster Care: a System of Safety

Foster care is a complicated process. The law requires specific steps to happen in the foster care system. The system is built to be a temporary safety net for children. Each case is different, but at its root, the process is designed to advocate for and protect those who need help.

The Purpose of Foster Care

The ultimate goal of foster care in Alabama is to “provide for the protection, well-being, and self-sufficiency of children and adults.” (Alabama Department of Human Resources website) Their mission also includes that they “will help families receive the least disruptive services they need, when they need them, and for only as long as they need them in order to maintain children in or return them to a safe, stable home.” (Alabama Department of Human Resources website)

Systems within a System

Now, that’s under ideal circumstances. Unfortunately, the world imperfect, so the foster care system is no exception. If the world were perfect, there wouldn’t be a need for a child-welfare program.

That being the case, there are more safety nets and systems under the Alabama foster care system designed to serve as checks to the imperfect system. The emergency removal statutes are an example of this. (§12-15-141.)

Why DHR Isn’t Just Ripping Kids Away from Their Homes

Emergency removal means that in the case of a child being in danger of imminent harm, the state takes the child from the home. In Alabama, DHR has the authority to do so… on these stipulations:

72 Hours

DHR can only hold the child up to 72 hours without a hearing on the manner. That means that within 72 hours, DHR must go before the court to decide whether protective custody should continue. If at the hearing the judge decides the imminent harm was not legit, then the child returns home. On the other hand, if the judge determines that the emergency removal was warranted, the child stays in DHR’s custody until they can find better placement.

The Original Intention of Foster Care

It’s easy to critique something that doesn’t make sense. Some would think that this extra safety net is just excessive and malfeasance. But we must remember that the original intent of removing the child is protecting the child. Advocating for best interest sometimes means taking multiple complicated steps. That’s why it’s important to understand not only the process but also the reason behind the process. This emergency removal safeguard, like many other safeguards in the Alabama foster care system, is there for a reason.

Foster Care Elsewhere

However, not all foster care systems are set up this way. For instance, Tennessee does not allow emergency removals without an ex parte warrant. This court order takes time and can take realistically up to two weeks. This means that the child languishes in a potentially dangerous and harmful situation until the department can get in front of a judge. This stale period of inactivity can result in a plethora of things, including the parent retaliating and taking it out on the child.

The Truth About Foster Care

Obviously, you have flaws in both cases. Neither system is perfect. Could there be overreach in the Alabama system? Yes. Is there a risk of taking a child out of a home unnecessarily? Yes. Is there risk of leaving a child in a home too long and the child suffers injury or worse? Yes. Each system has its struggles, but also its benefits. You won’t find a perfect system. Nevertheless, some are better than others.

Foster care is complicated for a reason. The safeguards, extra steps, double-checks, and unprecedented actions are there to ensure that the other steps won’t fail. Since it is a complicated process, here at The Adoption Law Firm, we do our best to navigate this multi-dimensional system of systems. If you would like to better understand what’s going on in your situation, feel free to give us a call at 334-546-2009.