Sunday, June 29, 2014

NH Child Abuse Laws Don't Consider Fetuses as Children, So Why are Newborns Being Stolen at Birth For Alleged Abuse?

In NH, Child Abuse Laws Don't Consider Fetuses as Children, Then why are NH mother's being charged with abusing/neglecting their unborn children, recognized only as Fetuses at the time of the alleged abuse/neglect?
Why is NH DCYF and the NH Family Court's getting away with removing the newborns of these Mother's?
In 2005,  the Legislature considered a bill  to make it a crime to harm a fetus, but it didn't pass.  See: http://www.seacoastonline.com/articles/20060801-NEWS-308019987?cid=sitesearch   The bill specifically exempted pregnant women from being charged with harming their own unborn child. If they can't be criminally charged, why are they charged with  abuse and neglect, 
when according to The Child Welfare Information Gateway:
Child abuse and neglect are defined by Federal and State laws. At the State level, child abuse and
neglect may be defined in both civil and criminal statutes.
Definitions of Child abuse and Neglect-See: https://www.childwelfare.gov/systemwide/laws_policies/statutes/define.pdf       As in the case above pertaining to Parental substance abuse-
Parental substance abuse is an element of the definition of child abuse or neglect in some States.11 Circumstances that are considered abuse or neglect in some States include:
Prenatal exposure of a child to harm due to the mother’s use of an illegal drug or other substance (14 States and the District of Columbia)12. If you click on the above link and scan down to No. 12, Notice how New Hampshire is NOT one of the States who consider Prenatal substance abuse as Abuse or Neglect.
12 Arizona, Arkansas, Colorado, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Minnesota, North Dakota, Oklahoma, Oregon, South Dakota, and Wisconsin

Also see: The "Fetal Protection" Wars: Why America Has Made the Wrong Choice in Addressing Maternal Substance Abuse - A Comparative Legal Analysis
 http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1478&context=lawfaculty
So WHY are newborn babies being Stolen from their Mother's, right from the Hospital for alleged prenatal substance abuse and WHY are New Hampshire Family Court Judges allowing this miscarriage of Justice to happen?
Also, pertaining to the NH woman in the above article, she was allowed substance abuse treatment, but her daughter was still never returned to her, while other Mother's are forced out of treatment by the NH Family Court's and DCYF in order to regain custody of their children. They're still not returned, in fact the the little girl in the top article is in the same adoptive home as my granddaughter Isabella. Another Injustice by the State of New Hampshire.
According to SAMSHA guidelines Child Welfare System: May judges, prosecuting attorneys, and others in the child welfare system require parents to end their participation in MAT in order to get their children back or to keep their children?
No. Courts and other government agencies may not single out people in MAT
and require them to stop taking legally prescribed medications. Such a
requirement would be no different than telling an insulin-dependent, diabetic
parent that she may not have her children back unless she stops taking insulin
and addresses her diabetes through nutrition and exercise alone. Courts may,
however, require people in MAT to comply with treatment requirements.
Why is New Hampshire getting away with these abuses? Why won't anyone put an end to these abusive practices?

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