One of the most devastating situations for parents is to be faced with the realization that despite their best efforts, they are incapable of taking care of their child. Since such circumstances do exist for some people through the country, the government has equipped itself to take over the care of children whose parents are no longer able to do so themselves. Rusty Applegate is a South Carolina attorney whose practice of family law covers predicaments such as these, and from time to time, he finds himself suggesting that parents look into the option of making their child a ward of the state.
A ward of the state is a child who becomes the state’s responsibility due to the fact that his parents cannot properly care for him. In some situations, a child can become a ward of the state due to parental neglect. However, there are many situations in which a child will have wonderful, capable parents, but still become a ward of the state nonetheless. In situations where a child suffers from severe mental or developmental disabilities, his parents might choose to make him a ward of the state in order to ensure that he receives the proper medical care and protection that only a state agency could provide. Additionally, if the child in question is truly unable to take care of himself, then his parents will need to set up certain provisions for the child in the event of their death. Often times, the best way to ensure that the child is taken care of for life is to make him the state’s responsibility.
Of course, the fact that a child is a ward of the state does not mean that his parents must forfeit the right to make contact with him. In fact, under many circumstances, the parents of a ward of the state will continue to have a strong presence in their child’s life. However, they will no longer have the power to make decisions on his behalf.
The decision to turn a child over to the state’s care is no doubt a harrowing one. Despite the fact that such actions are often taken with the child’s best interests in mind, parents who choose to go this route are often burdened with feelings of guilt, anxiety, and overall sadness. A family law attorney who is called upon for such situations needs to understand how difficult it is for parents to give up a child to the state, and should be prepared to offer emotional support in addition to legal advice. The role of an attorney for this type of process is to file the necessary paperwork on behalf of the parents, and, when applicable, argue the case in the parents’ or child’s favor.
While it’s natural to for parents in such situations to experience feelings of remorse, Applegate likes to remind them that by turning their child over to the state, they are actually serving the child’s best interests. Sometimes doing the right thing can be painful. But hopefully parents in such situations will eventually to take comfort in the fact that at least their children will be taken care of for life.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
