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Parental Rights and the Foster Care System

A Glimpse of Decision Making in Virginia

Florida State University, Tallahassee

Tammy L. Henderson

The Oklahoma State University, Stillwater

Jenny Burroughs Alexander

Radford University, Virginia

Using ecological theory and a mixed-methods approach, the authors examined family–court interactions for foster care decisions made in Virginia across three policy periods: 1980 to 1993, 1994 to 1997, and 1997 to present (N = 95). For the first and last policy periods, quantitative analyses revealed significant differences in the rates at which parental rights were terminated. Differences also existed in termination rates for parents with mental health issues and limited IQs but not for parents with substance abuse issues or those with special-needs children. The best-interests-of-the-child standard and clear and convincing evidence were the primary legal principles used to determine whether to terminate parental rights or to reunify families. Suggestions were made to enhance the understanding of family professionals.

Key Words: Adoption and Safe Families Act • foster care • parental rights • family policy and law

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