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Love’s last resort. It is a dirty little secret for the state’s child protection system. Last year, parents of 1. Texas children willingly claimed that they abused or neglected their offspring — even though they had not — because involving Child Protective Services was the only way to provide their children the intensive, and expensive, mental health treatment they needed. For most, this act of desperation and compassion was openly embraced by judges, CPS caseworkers and child advocates who knew the truth but played along, having no better alternative for treating deeply troubled children. But help comes at a steep personal price.
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In most cases, Texas cannot pay for treatment unless the state has custody of a child. And the state cannot take custody without a court finding of abuse, neglect or imminent risk of harm.
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A possible solution is coming. Tucked into a corner of the state budget making its way through the Legislature is a $2 million pilot program designed to keep 4. The money will pay for extended stays in residential treatment centers, frequently the most expensive option for mental health care, without requiring the state to take custody of the children.“We have been trying to figure out how to do this for a very long time,” said Audrey Deckinga, assistant CPS commissioner. It’s humiliating,” Byrne said. These people are just at their wits end trying to pay for high- dollar mental health services that their child needs, but that most of us on the planet couldn’t afford.”At any given time, about 1. Travis County children are in state custody to receive mental health treatment, Byrne said.“It’s kind of a wink and a nod, and we do it all the time,” she said. Because the average stay is expected to be six months, health officials hope to help 4.
In two years, state health officials will assess whether the program should be expanded or modified. Care became difficult. Tim and Emilie Sherrod, the parents of identical twin boys, turned themselves in to Travis County CPS in 2.
Their boys, Tate and Ty, were 5 years old with a severe form of autism. They couldn’t feed or dress themselves or use the bathroom. Massive tantrums sometimes included feces smeared around their bedroom. Tim or Emilie had to sleep in the hallway to keep one or both boys from wandering away. The boys were kicked out of several day care centers, and preschool couldn’t handle them either, frequently sending them home early. After five years with no extended breaks, and at the recommendation of a friend, Emilie called the CPS toll- free hot line.“I said I was distraught, at the end of my rope. The kids required such a high level of care, and I didn’t feel I could give them the best, safest environment anymore.
I just didn’t feel I could keep them safe 2. After a brief investigation, a caseworker arrived at the Sherrod home to collect the boys’ medication, car seats and clothes. Emilie still remembers the form she had to sign: “It said, . I cried in bed those three days.”CPS officials admit that the agency, designed to investigate and respond to allegations of child abuse, is an ill fit for parents like the Sherrods. On one level, CPS is a logical resource because the agency has contracts with residential treatment centers, therapeutic foster homes and a range of other treatment options geared to children. But it’s an intrusive process. CPS investigators interview neighbors and teachers to make sure there hasn’t been abuse.
Every aspect of the parent- child relationship is examined by outsiders. Personal information is aired in court.“When insurance runs out or whatever, the only safety net for mental health services is through our door,” Deckinga said. But when they come into our system, the whole ball of wax comes with it,” she said. It was a Monday when the Sherrods stood before then- state District Judge Scott Mc. Cown. Tim was crying so hard his shirt was soaked. They explained their situation — their life savings wiped out in six months for one- on- one therapy, insurance that only paid for hospitalization, the sleepless nights, the exhaustion and fear.“Scott Mc.
Cown said, . The system failed you, and it’s not going to fail you anymore. We’re going to take care of your little boys.’ He told us where they were, that we could visit them anytime,” Emilie said.“For so many years, so many people thought I was a horrible, horrible mother. They were only 5 years old.’ Until you’ve walked in my shoes, there’s no way I could explain that something different had to happen or somebody was going to get hurt,” she said.“I knew that if I fell asleep, someone would get hurt and it would be my fault.”Pilot program.
Judges have the discretion to soften the blow by sharing custody between the state and parents. Depending on a judge’s creativity, parents can retain or share the right to make decisions on education, medication, doctor’s appointments and other life choices.
That’s what John Specia did when he was a Bexar County district judge. Now he’s head of the Department of Family and Protective Services, which includes CPS, and he’s in a position to do something much more far- reaching. Specia worked with the head of another state health agency, Dr. David Lakey, to create the mental health pilot program. Families referred to CPS because of medical neglect or refusal to take parental responsibility will be examined to see if the pilot program can help them.
Those who qualify will be referred to Lakey’s agency, the Department of State Health Services, for treatment, and CPS won’t take custody of the children.“This is a great idea,” Specia said. Shortly after their arrival, Ty escaped on a 3. January night wearing only a diaper and T- shirt. Luckily, he ran into a police officer.
The shelter was later closed. A few other horror stories followed over the years — mixed- up medications, for example — but the boys also received intensive one- on- one therapy that taught them to feed and clothe themselves — “the everyday things they couldn’t have learned at home,” Emilie said.
Today, Ty and Tate are 1. Wichita Falls, where Emilie and Tim also live. Having no other children, the parents visit almost every day to shoot ball on the backyard basketball court, help the boys learn to ride a three- wheel bike or just hang around. Her experience with CPS worked out, but Emilie has declined requests to advise other families in similar situations. The way the system works now, there are too many variables — parents lose too much control ceding custody to the state — and Emilie said she fears that what worked for her family could go wrong for somebody else.“Was it worth it? I think it was the only way we could survive as a family,” Emilie said.
No.”Expert reporting. Capitol reporter Chuck Lindell covers health and human services and the courts. He has written extensively about Texas’ child protection system.