One of the most well-known pieces of general business advice is that to be a problem solver; if you can solve a problem someone has, you will make money.

But this isn’t only true in business, or in the narrow outcome of making money. In juvenile CINA cases, the biggest problem for children is that they have been separated from their parents—the people they usually love most in the world. Now, the parents have underlying problems that have created this “umbrella” problem of separation, but those aren’t the child’s problems. In other words, if a child was removed because a parent was using drugs, the drug use is the parent’s problem, and the separation is the child’s (although, of course, the separation is also the parent’s problem).

Too often, parents believe that someone else has the power to solve that problem. DHS can recommend reunification, the attorney can “fight” for it, and the court can order it, for example. But while those three things are true, they are only true if the parent has solved his or her problems. If substance abuse was the cause of the removal, then the parent must get healthy; if s/he doesn’t, DHS will not recommend reunification, the attorney has not grounds on which to “fight” for reunification, and the court will not order it.

Ultimately, then, it’s up to the parent to solve the problem.

I often tell parents that in no other area of (litigation) law does the client (i.e., the parent) have as much control over the outcome as they do in juvenile court. It rarely feels like that, because so many people are telling them to “go here, do this…” But the reality is—if the parent will substantially comply with everything DHS and the court is asking him or her to do, they will almost always get their children back.

But only the parent can decide whether to comply with those requirements. Only the parent can attend therapy, go to substance abuse treatment, exercise visitation, etc. DHS can’t “make” them do those things, and even the court cannot “force” them to (although the court has the power to make it very, very painful if they do not).

It’s up to the parent to make that decision and commitment and to follow through.

To paraphrase Art Williams, I’m not saying it will be easy. I’m saying it will be worth it. Kids want to be with their biological parents, even when those parents are not perfect (and no parent is perfect). But they can’t solve that problem. Only the parents can.

 

 

 

 

Problem Solving
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