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- Apr 13, 2011
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Maybe, or maybe it would be as hotly contested as requiring drug tests. And, then again, we have the very real tendancy of those with particular mental illness to deny/refuse help and services designed to manage those illnesses. Bipolar/Schizophrenic individuals will often buck the system and fight against receiving care. They'll refuse or lie about taking medication, they'll run from therapy. I don't think we can blame this situation on a break down or lack of mental health services in Texas. With bipolar individuals especially, it can be very hard to see that mental issues exist based on a paper application and a missed interview. I know of no state that requires a mental competency exam for TANF or WIC benefits, so Texas lacking such a test is not unique.
I think if we're going to blame this on any government entity it should be the one that granted this woman custody when she and her husband split. There is enough interaction during those hearings and appearances for somebody to have been able to determine that the woman likely had issues. There were also easily accessible character witnesses to help reinforce that the woman had issues. If it wasn't caught then it seems ridiculous to me to go after HHS in Texas for not catching it on the basis of an unreturned phone call, missed appointment, and incomplete application...which is all the interaction this lady had with them.
I would add to this that I fully support mental health testing during divorce preceedings in which custody of minor children will be decided. I know that in my circumstances it would have saved me over 7 years of emotional abuse and inappropriate exposure and might have resulted in my mother resolving her addictions/addressing her mental health issues. But even if it hadn't helped her it certainly would have helped me. Most states tend to favor the mother in custody hearings. I'm sure a lot of this is based on tradition, but I think the more proactive and kid-centric approach would be to gauge which parent is most stable financially, emotionally, and mentally without support.