Dear Supporters,

We wanted to update you on the progress of our petition to stop harmful reunification therapy practices, especially when it involves children who have survived abuse. Several key legal frameworks reinforce the need to protect vulnerable children and ensure that their well-being remains the top priority.

Federal Child Abuse Prevention and Treatment Act (CAPTA)
CAPTA mandates that states have clear procedures for reporting and investigating child abuse and neglect. When children who have previously disclosed abuse are ordered into reunification therapy, CAPTA’s requirements for thorough investigation and safety assessments should be enforced. Forcing children into therapy with their abusers without addressing their prior trauma could violate CAPTA’s intent, which prioritizes their safety. This underscores the need for a review and investigation, not therapy that could worsen their trauma.

States receiving CAPTA funding are required to meet child protection standards. When courts order reunification therapy without properly considering a child’s past abuse or trauma, it could signal a failure to meet these federal standards.

Georgia State Law: Mandatory Reporting for Mental Health Professionals
Georgia law (O.C.G.A. § 19-7-5) requires licensed therapists to report any suspected child abuse. This applies to reunification therapists, even if the abuse is previously documented or disclosed. A therapist who ignores prior reports or dismisses evidence during therapy is violating their legal duty. Failure to report such abuse can lead to legal consequences, including losing their license or facing criminal charges.

If a therapist downplays a child’s past abuse and fails to report new disclosures or threats, they are putting the child at risk and violating their responsibilities.

Upholding the Best Interest of the Child
Georgia’s best interest of the child standard (O.C.G.A. § 19-9-3) must guide custody and visitation decisions. Courts are required to consider the child’s emotional and physical well-being. Forcing a child into reunification therapy with an abusive parent, despite documented trauma, contradicts this standard. This law emphasizes the child’s safety, which should always come first, not forced reunification with an abusive parent.

Cruelty to Children and Mental Harm
Georgia law (O.C.G.A. § 16-5-70) defines cruelty to children as causing physical or mental harm. Forcing a child into reunification therapy with a parent who has previously abused them, especially without addressing the trauma, could be considered mental cruelty if it results in emotional distress. Therapists and courts who ignore the risks of such therapy may be causing further harm, which could lead to legal consequences.

The Family Preservation Act and Child Safety
Georgia’s Family Preservation Act (O.C.G.A. § 49-5-180) stresses the importance of protecting a child’s welfare above preserving family unity. While reunification may be the goal in some cases, documented abuse requires a shift in focus to protect the child, even if it means not pursuing reunification.

Your Continued Support is Crucial
The petition aims to protect children from the trauma of being forced into reunification therapy with abusive parents. Georgia law and federal regulations like CAPTA are clear: a child’s safety and emotional well-being must come first. Our efforts will help ensure these protections are upheld, and your continued support makes all the difference.

Thank you for standing with us to make sure no child has to endure unnecessary trauma through harmful legal practices. Together, we can bring about change.

Sincerely,
The Wind Haven Foundation Team