PSU Magazine Winter 1994

Family Support and Children's Mental Health. The center is part of PSU's Regional Research Institute for Human Services in the Graduate School of Social Work. Barbara Friesen, the center's director, knew that many states were grappling with the tate custody issue. The center had in fact studied other states' handling of the custody issue since 1984, resulting in papers and research projects that pointed to the faulty thinking behind Oregon's practice. "Our center had been concerned about the issue on a nationwide basis for several years," says Friesen. "I thought to myself, 'Here we are. We've taken a national leadership role on this issue, and Oregon still has this problem."' Officials from the Oregon Child– ren's Services Oivi ion (CSD) had maintained for years that the state needed custody of a child in order to receive funding under the federal Adoption Assistance and Child Welfare Act of 1980. However, researchers pointed to Colorado, which allows parents of children with disabilities to voluntarily place their children in out-of-home, federally funded facilities, without giving up custody. As Friesen's research group was getting a grip on the extent of cu tody problems nationwide, Linda Reilly was making new discoveries about her own custody battle. The Reillys had indeed given up custody of their daughter to the state. But unlike many parents in similar circumstances, they were invited by officials of their daughter's mental health group home to take an active part in her treatment program. It was an up-and-down experience, to be sure, but the Reillys were able to have a say in their daughter's care. "We were lucky. We had a wonder– ful relationship with her group home," Linda Reilly ays. "Some places want complete control." Meanwhile, Reilly was researching new medications for schizophrenia and in August 1991 was able to convince her daughter's psychiatrist to try a new medication. "Within three weeks we noticed signs of improvement in her motiva– tion and initiative," Reilly says. "It shows what can happen if parents are invited to participate." Momentum was building. Reilly was convinced that parents of children placed outside the home should have the opportunity to take an active role in their children's treatment. She turned to her local state representative, Kate Brown (D-13), and asked Brown to communicate to the Legislature the need to amend the law. Brown and Reilly were as isted by the Oregon Family Support Network, a statewide advocacy group composed of parents whose children have serious mental, emotional, or behavioral disorders. Reilly had become chair of the network's advisory council. In fall 1992, the Research and Training Center gathered the interested parties together. First, they tried to alter Oregon child welfare practice through an administrative rule change. It became apparent that such a reform would not occur quickly. The next route was to propose a bill. The Research and Training Center rapidly conducted a statewide survey of parents of children with emotional disabilities. The survey showed that at least 41 families had been asked to give up custody of their children in exchange for state-funded, out-of-home placement. Twenty-one of the families refu ed, even when it meant their children would not receive services. "We found that handling of the i sue varied widely in the state. There seemed to be no rhyme nor reason to the process," says Friesen. Some parents were told to sign a voluntary custody agreement. But in other parts of the state, parents weren't even given the option; a court order required them to relinquish custody. Armed with such information, the bill's advocates strengthened their case. Brown introduced Hou e Bill 3577 in spring 1993. The bill ensured that CSD could no longer require parents to transfer custody of their disabled child to the state in order to place the child in a state- or federally-funded facility. (Disabled children include those with emotional, behavioral, developmental or physical disabilities) . Instead, parents would have the option of signing a voluntary placement agreement. Under this agreement, the child could be placed in a facility under the state, but parents would retain custody and be responsible for partici– pating in the child's treatment and placement. CSD officials supported the bill once they were assured that the state of Oregon would be reimbursed by the federal government under Title IV-E of the Social Security Act for out-of– home expenses. Instrumental in writing final language for the new law was Marilyn McManus, a social worker and lawyer with the Research and Training Center, and Jim Wrigley, a legal aid attorney at Multnomah County Legal Aid Service. At the time, Wrigley also was a student in PSU's Graduate School of Social Work. The bill breezed through the Legislature. Oral and written testimony provided by parents and parent advocate groups helped the bill pass 58-0 in the Oregon Hou e. The ILLUSTRATION BY STEPHEN HAYES WINTER 1994 13