Homelessness and Child Placement: Factors Influencing Foster Care Involvement

When a family faces homelessness, whether they are staying in a shelter or on the streets, the process of placing their children in foster care can be complex and multifaceted. This article delves into the various factors that influence this decision, highlighting the critical role that jurisdictional differences play.

Factors Influencing CPS Involvement

The extent to which Child Protective Services (CPS) becomes involved when children are unhoused is determined by several key factors:

Type of Homelessness: This includes situations such as couchsurfing, staying in family shelters, sleeping in a vehicle, or on the streets. The environment in which the children are living is a primary concern for CPS. Causes of Homelessness: Whether it is due to domestic violence, drug abuse, parental mental illness, natural disaster, or another reason, the root cause affects the approach CPS takes. Physical Safety of the Children: Covenant with untreated illnesses, injuries, or other medical conditions (such as skin problems, lice, rat bites, cold/heat injuries) is a critical consideration. The health and wellbeing of the children are paramount to CPS. Parental Engagement: The willingness and ability of the parent or guardian to engage in the prescribed services is another significant factor. CPS often aims to support families in improving their circumstances. Risk Assessment: Aspects such as the children's court involvement for delinquency or petty crimes, availability of disability services, and open drug use in camps (if applicable) also come into play.

Jurisdictional Differences and Approaches

While the factors described above influence the decision-making process, the approach varies significantly from one jurisdiction to another:

Respect for Unhoused Families' Autonomy: Some places emphasize the autonomy of unhoused families and provide services to support their housing needs without resorting to placing children in foster care unless there is an immediate risk. Family Shelters and Transitional Housing: Certain jurisdictions offer family shelters, transitional housing, or priority subsidized housing to unhoused families and their children. The goal is to keep the family unit together until stable housing is secured. Treating Homelessness as a Crime: In other areas, homelessness is treated more like a criminal issue, and CPS may remove children as quickly as possible if there is a likelihood of danger or instability.

Individual Impacts and Case Specificity

Ultimately, the decision often hinges on the individuals involved, including:

Reporters: Who made the initial CPS report and what issue was reported. Caseworkers: Who the caseworker is and their approach to the case. Guardians Ad Litem (GAL): If a GAL is involved, their perspective and advocacy. Judges: The specific judge assigned to the case, whose rulings can significantly affect the outcome.

Case Example

For instance, a family law professor who was also a local family law judge recounted a scenario where he would remove children from a home if the parents were found to possess any quantity of marijuana. According to him, this was due to the perception that marijuana possession demonstrates a reckless disregard for the children's safety, as it increases the risk of police raids, which are inherently dangerous. However, this approach is not universal; many jurisdictions would not tolerate such a strict stance.

Conclusion

While the decision to place children in foster care during homelessness is complex and influenced by numerous factors, jurisdictional differences play a significant role. Understanding these factors and the nuances of each region can help provide better resources and support to unhoused families and their children.