Letter to Senator Collins in Support of the 'Keeping Families Together Act of 2003'

October 29, 2003

The Honorable Susan Collins
U.S. Senate
172 Senate Russell Office Building
Washington, DC 20515

Dear Senator Collins:

On behalf of the 150,000 members and affiliates of the American Psychological Association (APA), I am writing in support of the "Keeping Families Together Act of 2003" (H.R. 3243). This vital legislation would establish a state family support grant program to end the practice of parents needing to relinquish legal custody of their children to state agencies for the sole purpose of obtaining mental health services for their children.

As you know, the custody relinquishment problem stems from a paradox that exists in many states. Private healthcare plans frequently do not cover many services needed by children with physical, mental, or developmental disabilities. As a result, many parents turn to the child welfare system for assistance. Unfortunately, however, as the law currently exists in many states, parents must relinquish custody to receive out-of-home services they cannot afford. Ironically, children in this situation are frequently placed in foster families, receiving full funding for children's care, while competent parents lose contact, influence and decision making authority.

This problem is exacerbated by the growing number of families that are either uninsured or under-insured, with minimal coverage for mental health care. Unable to afford mental health treatment for their children, thousands of parents are forced to go to the child welfare agency or to court to secure treatment. Yet neither system is intended nor equipped to care for a child with a serious mental health disorder.

According to a recent study conducted by the General Accounting Office (GAO), child welfare directors and juvenile justice officials estimated that in fiscal year 2001 parents placed more than 12,700 children into the child welfare or juvenile justice systems so that their children could receive mental health services. However, GAO estimates the actual number to be higher because many state child welfare directors did not provide data and there was limited coverage of county juvenile justice officials.

The "Keeping Families Together Act" lays a strong foundation for needed reforms by promoting access to needed services and reducing fragmentation in service delivery. Some of the legislation's main provisions include allowing states to expand health insurance programs to cover mental health treatment for eligible children and their families; providing public outreach and education programs; promoting coordinated systems of care; providing training for those who work with children with mental disorders; and helping states track children who enter the welfare and juvenile justice systems to receive treatment for mental health disorders.

This important legislation is consistent with recommendations of the President's New Freedom Commission on Mental Health. The Commission emphasizes the need for federal, state and local governments to work together with family and provider organizations to "eliminate the practice of trading custody for care and to find a more family-friendly solution."

The Commission concluded, "If states reallocated the funds that currently pay for inappropriate services toward more appropriate mental health treatment and supports, more children could remain with their families."

APA members are actively engaged in research and practice initiatives related to helping children and their families receive the mental health services they need. Please view APA as a resource to you for empirically-based research on child mental health matters when considering the enactment of the Keeping Families Together Act.

In closing, we would like to thank you once again for your efforts in developing the "Keeping Families Together Act of 2003" and to offer our association's assistance in furthering passage of this vital legislation. Please contact Annie Toro of our Public Policy Office at (202) 336-6068 if you would like any additional information.

Sincerely,

Henry Tomes, Ph.D.
Executive Director for Public Interest

cc: Rhode Island Psychological Association

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