Visitation in Dependency Cases

Thomas F. Carr, M.A., LMFT, LMHC, LCSW
Melvin F. Albert, Esq., J. D.
Elsie Peck, LICSW,
Katherine M. Donnelly, M.Ed.

In virtually all 50 states when a child is seriously abused, protective service caseworkers have the authority to immediately remove that child from a parent on an emergency basis.  State statutes provide for this measure even before a caseworker has petitioned the Court that the child is in need of the state’s care and protection.

Too often, however, these removals become just one more trauma experienced by these children.  The same agency that removed the child, and sometimes the very same workers, are then given the task of concurrent planning; the practice of working toward reunification while simultaneously considering and developing alternative permanent plans, including permanently separating a child from their parents and family.

Visitation is a key determinant in the outcome of dependency cases.  Not only is there a significant relationship between the frequency of social worker contact and the amount of visitation given to a parent with their children, but a correlation exists between the frequency of visits and the length of time children remain in care.  Visitation is also a diagnostic tool, an ongoing basis of family assessment and a predictor of outcomes.

Most states have adopted “guidelines for visitation” in domestic relations or divorce cases.  Many of these guidelines were actually prompted by what would be termed “protective” concerns, also a central issue in dependency cases.  Sadly, children in both settings are too often victims of physical or sexual abuse and witnesses to domestic violence or parental substance abuse.

Over ten years ago, in May of 1992, the Supervised Visitation Network [SVN], was established and became a clearinghouse for information related to the issue of supervised visitation, with a goal of developing a set of guidelines for practice.  At their annual conference in 1994, the organization set forth a goal of developing a uniform system; which culminated in the Standards and Guidelines for Supervised Visitation Network Practice.  These guidelines, while they could easily be adapted for dependency cases, are primarily geared towards divorce cases.

Those states which do reference the issue of visitation in dependency cases in their statutes, regulations, or policies, usually cite only the minimum frequency or duration of such visits, and rarely speak to the rights of parents or children to have meaningful visitation. While visitation should always be based on and determined by the “best interests” of the child, it should also consider not just the parent’s right to see the child, but the right to interact meaningfully with them.  Conversely, we must also consider the child’s right to interactions with his/her parents.

In Indiana, the Marion County Family Court promulgated guidelines for visitation, with “minimum visitation” spelled out.  The Court also promulgated an additional set of guidelines for Jewish families that consider the Jewish culture, calendar and the significance of certain holidays in developing a visitation plan.

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