By Spencer Hunt
Enquirer Columbus Bureau

COLUMBUS - State lawmakers considered a bill Tuesday that would stop some county officials from demanding custody of mentally ill children to pay for their treatment and counseling.

Calling the practice of trading custody for care "heartbreaking and reprehensible," Sen. John Carey, R-Wellston, made his first public attempt to win support for a plan that would let parents keep the legal rights to their children when county welfare agencies send them to 24-hour psychiatric centers.

"I feel we have to end this practice as soon as possible," Carey told members of the Senate Finance Committee.

Tuesday's hearing was held after a Cincinnati Enquirer series revealed that as many as 1,800 families have been forced to give up all legal rights to their children in the past three years to get the government to pay for their treatment.

At least 38 of Ohio's 88 counties acknowledge taking custody of children whose families have no other way to cover treatment bills that range from $160 to $1,000 a day. Parents who give up custody lose all say over where their kids are sent, how long they stay or what kind of medication they are given.

Some children don't get the help they were promised. Records show some children were sent to centers where they were abused, molested, improperly drugged or forced to live in wretched conditions.

Carey's bill would end the practice in Ohio by allowing parents and county officials to sign voluntary placement agreements. These contracts are intended to let parents keep custody of their children and allow counties to get the federal funds to help pay for their treatment.

Juvenile court judges would review each agreement every six months to see if treatment is working or if it's still in the child's best interest.

County officials have been opposed to Carey's plan, saying it amounts to a new requirement that isn't being funded. They also doubt that they would still be able to get federal funds for the children if they are not in their custody.

Gayle Channing Tenenbaum, a lobbyist with the Public Children Services Association of Ohio, which represents county welfare agencies, said she thinks her group can work with Carey to come up with an alternate plan.

"We all agree with the problem," Tenenbaum said. "No child should be given up just to get care."

Senators had few questions for Carey. Sen. Eric Fingerhut, D-Cleveland, asked why Carey wasn't also supporting a bill that would make insurance companies cover mental illness in the same way they cover medical illnesses.

Private insurance plans commonly limit inpatient mental health treatment to no more than 20-30 days a year. Others feature higher copayments for drugs and treatment.

A bill banning those limits for major mental illnesses in health plans bought by small- to medium-sized businesses passed the House in February but has yet to have a hearing in the Senate. Gov. Bob Taft has threatened to veto any bill that would increase employers' health costs.

Carey said the insurance bill is a separate issue.

"My focus in this bill is to prevent parents from having to give up custody," Carey said. "My concern is that we don't bog this bill down with everything that needs to be done to fix the system."

The Senate Finance Committee is expected to consider the bill again April 20.

E-mail shunt@enquirer.com