Recently, the Des Moines Register published an article regarding two lawsuits filed against the Iowa Department of Human Services (DHS).  The lawsuits allege that children in Iowa are being removed from their homes as a result of voluntary agreements signed by non-custodial parents.  Voluntary removal agreements are not part of any official court proceedings.  They are used outside of formal court supervision to remove children from reported harmful situations.

DHS explains that voluntary removal agreements are used as a first option in an attempt to place the child with relatives or foster care parents.  They believe that with the agreement being voluntary, DHS will be able to remove the child from any perceived harm more quickly than if they had to file a formal Child in Need of Assistance petition and have the child declared a ward of the state.

Concerns

More Children Being Placed in Foster Care

There are, however, concerns about the voluntary removal process.  There are more foster care placements because of the voluntary agreements.  An Iowa City attorney, Natalie Cronk, has filed the aforementioned two lawsuits claiming that as a result of the voluntary agreements, children are being placed in foster care without proof that they were unsafe in their original home.  Cronk states that the burden of proof has shifted to the parents to prove that their home is unsafe, rather than DHS having to prove there are unsafe conditions in the home.

Non-Custodial Parents Signing Voluntary Removal Agreements

Also, a major concern with voluntary removal agreements is that non-custodial parents are allowed to sign them.  In the two lawsuits filed, non-custodial parents signed voluntary removal agreements causing the child to be removed from their custodial parents.  DHS states that they cannot know who has custody when they respond to allegations of abuse.

Voluntary Removal Agreements and Parents’ Rights

Cronk believes that voluntary removal agreements violate parents’ rights, however, parents sign them because they are at risk of losing their child permanently.  Another concern is the lack of court supervision and lack of representation with the agreements.  Children do not have their own guardian ad litems, and it is DHS social workers who make decisions rather than judges.  Some in the child welfare system are concerned because there are voluntary removal agreements being used in cases involving serious risks to children, including meth, sexual abuse and domestic violence.

DHS attempts to take parents’ rights into consideration by involving them in family team meetings.  These meetings involve all of the parties and involved professionals of a case together to make decisions about the child’s welfare.

Violation of Parents’ Rights or Focusing DHS Services?

The question raised by these two lawsuits is whether the voluntary removal agreements are a threat to parents’ rights or a way for DHS to better focus their attention on very high risk cases and provide attention to all children who need it in Iowa.

There has been a similar situation in Illinois where a class action lawsuit against the use of voluntary safety plans (Illinois’ equivalent to Iowa’s voluntary removal agreements).  The Family Defense Center out of Chicago won that case against the State of Illinois, however the decision was overturned by the 7th Circuit Court of Appeals which ruled that any safety plan is voluntary under the law.

 

 

Share

2 Responses to Voluntary Child Removal Agreements

  • TJ says:

    These voluntary safety plans need to be removed!! My brother and sister-in-law were coerced by their Iowa DHS worker to sign one of these. Direct quote “If you don’t sign this Safety Plan” we can take your children away. Simply because a relative had been accused of sexual exposure to a minor, and the State of Iowa thought it best if my niece was not allowed around this relative. Although the case has long been determined “Unfounded” by both DHS and the DSM PD, the case worker will not retract the safety plan. My brother and his family have not been able to attend any family functions in 8 months, because they are so afraid that if they let their daughter around this family member that the state will take away their children. Our next step is to write a letter to the governor. It just goes to show how one false allegation, can destroy a family.

  • nikki says:

    are parents going to jail for violating these “volunarily signed” safety plans?