Pubdate: Mon, 26 Feb 2007
Source: Asheville Citizen-Times (NC)
Copyright: 2007 Asheville Citizen-Times
Contact:  http://www.citizen-times.com/
Details: http://www.mapinc.org/media/863
Author: Jon Ostendorff

HAYWOOD DSS DIRECTOR SAYS DRUG ABUSE NOT ALWAYS ENOUGH
TO REMOVE CHILD

WAYNESVILLE -- DSS won't always remove a child from a home when a
parent is using drugs and instead tries to get an overall picture of
the case before taking that step, the director of Haywood County's
Department of Social Services said.

Director Tony Beaman made his comments about general social services
practices. His agency was watching a 22-month-old child who died after
overdosing on her mother's painkillers.

Beaman on Friday said he could not comment specifically about the
case, other than to say his agency followed its procedure.

A report he released Thursday showed social workers' five reports from
May 2005 to August 2006 alleging problems at Heather Nicole Lacey's
home that potentially threatened her daughter, Adrianna Lynn Earley.
The report, called a case summary, becomes public record when a child
under the agency's watch dies.

The allegations ranged from the child not having enough to eat, to
violence between Lacey and her boyfriend, drug abuse and physical
abuse of her daughter. Lacey was charged last week with involuntary
manslaughter in her daughter's death after an autopsy found deadly
levels of Oxycodone in the child's blood. She found her daughter dead
Nov. 4 after the two had gone to sleep together in a locked bedroom of
a friend's apartment, police say. Police believe the child took the
powerful prescription painkiller during the night. Police do not know
if Lacey had an Oxycodone prescription. She was arrested a month later
for selling prescription drugs and she had been charged with child
abuse before her daughter's death. According to an arrest warrant from
August, she was found passed out on drugs while she was responsible
for watching her daughter.

The child's father says he begged social services for custody after
the August incident but was turned down. The child was given to her
grandmother and later returned to her mother.

Custody focuses on safety Beaman said Friday that making the decision
to remove a child from a home comes down to the safety of the child.
He said social workers must have evidence of abuse or neglect before
making that call. But, he said, drug abuse is not necessarily reason
enough. "Just the fact that a parent uses drugs is not sufficient
reason to remove a child from his home," he said. "A person would not
be charged for child abuse for using drugs. Passing out due to drugs
would not necessarily be cause for removal." Beaman said in a
situation like that, social workers would try to get an overall
picture of what's best for the child.

The agency has three ways to remove a child. The step can be taken
during any part of an abuse or neglect investigation.

   If the child is in imminent danger, social services can take
emergency custody for 24 hours. The parent must remain with the child.
A petition must be filed with the court.

   If a parent fails to comply with a safety plan or something happens
to a child during an investigation, social workers can remove the
child.   The agency may file a petition with the court for custody for
ongoing problems that do not improve but are not bad enough for
emergency custody. "In each of these scenarios, there is a court
hearing and both sides can present evidence and the judge decides the
matter," Beaman said. "DSS can act on its own in these matters." He
said family members could also ask for custody.

Removal could mean foster care When a child is removed, Beaman said
social workers look at his or her needs, such any medical conditions.

Social workers then place the child where his needs can be met best.
Sometimes that is with a relative. It could be foster care if a
relative is not available or not able to care for the child.
Institutional care, like a group home, is also an option.

The length of time a child is away from his parents can vary greatly,
Beaman said. "Bottom line, it depends on what the parents do to get
the child back," he said. "Every case is different so it varies quite
a bit." Is removal the best call?

Sen. John Snow, a Democrat from Murphy who represents eight counties
including Haywood, spent a career as a judge. He has seen the problem
of drug abuse firsthand.

He said the number of children in DSS custody is increasing. "The
biggest majority of them are because of drugs and we've got more kids
in custody than we have ever had," Snow said.

Snow said he supports tougher punishment for parents who abuse
children. He is a sponsor of a child endangerment bill being debated
in Raleigh that would give law enforcement a new way to charge abusive
parents. But he said that wouldn't necessarily give social services
more authority to remove children from their homes. And he said
removal might not be the best thing for the children. Social services'
mission, the senator said, is to keep families together, not break
them a part.

And when children are removed, they have to go somewhere, Snow said.
"We are screaming to try to find enough foster parents and we are
trying to train foster parents as quick as we can," he said. "This is
a very serious situation and it's all because of drugs."
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