The consciously rejected child: legal and social issues

With increasing frequency, we are observing the phenomenon of the parentally abandoned or rejected child. This can in large measure be attributed to several social/historical developments in American society (Crandall and Grossberg, 1978). Important factors contributing to the phenomenon include the much publicized "breakdown" of traditional family structures; increasing divorce rates; the urbanization of the American population, which creates a cloak of social anonymity; and the establishment of a state/federal welfare bureaucracy, which in part supplants the caretaking functions traditionally carried out by parents. Children who become the victims of parental abandonment find themselves in circumstances in which they come to the attention of an remain, at least for a time, the responsiblity of the legal system and the mental health professions. The interaction of these two institutions, with their overlapping obligations of responsibility toward protecting children, often creates its own problems. Problems arise in part from the somewhat different "interests" of children whom the legal and mental health professions seek to protect and in part from a lack of mutual understanding and knowledge concerning the respective goals, duties, and professional obligations of the two professions. By becoming familiar with the complexity of legal issues which surround the topic of intrafamily relationships in general and parental rights in particular, the psychiatric practitioner can anticipate certain problems which might occur during the course of treatment and can in some instances specify conditions or introduce safeguards in order to minimize the impact of legal intrusions upon the treatment program. The following discussion is designed to help the practitioner to achieve these goals.