North Port boy sexually abused in foster homes, lawsuit alleges | HeraldTribune.com
SARASOTA COUNTY - After moving from one foster home to another, and having twice been sexually abused by other children, the 10-year-old North Port boy wrote a suicide note and held a broken bottle up to his throat.
"I would try to kill myself and tonight I am gonna commit suicide by stabbing myself with a knife because no one care about me," the note said.
The boy did not commit suicide, but now his mother is accusing the foster care system of failing her child, allowing him to be the victim of two child-on-child sexual abuse incidents and providing no mental health treatment until he was driven to two suicide attempts.
The mother's lawsuit filed this month describes how the boy was moved to 11 different homes in 18 months. He stayed five months too long in a temporary foster home. He once wrapped a vacuum cord around his neck in a locked bedroom and got no immediate treatment.
"That he got to the point that he actually tried to kill himself at that age, it's just outrageous," said Sarasota attorney Richard Filson, who represents the mother. "He still has behavioral issues he's getting help for as a result of this."
The suit seeks more than $15,000 in damages from the following defendants: the Sarasota YMCA, Family Preservation Services of Florida, Manatee Children's Services, Florida Mentor Inc., foster parent Harriet Higgs, and the Florida Department of Children and Families.
The boy, now 13, has been reunited with his mother since May 2008. The Herald-Tribune is not naming the mother to protect the identity of her son.
Read more at the above link.
Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Friday, April 15, 2011
Grounds for Termination of Parental Rights New Hampshire -"Neglect in the Future" is NOT one of them!
Grounds for Termination of Parental Rights New Hampshire -
Grounds for Termination of Parental Rights New Hampshire ("Neglect in the Future" is NOT on this list)
s
Statute: §§ 170-C:5; 169-C:24-a
Circumstances That Are Grounds for Termination
Abandonment or Extreme Parental Disinterest
Abuse/Neglect
Mental Illness or Deficiency
Felony Conviction/Incarceration
Failure of Reasonable Efforts
Sexual Abuse
Failure to Provide Support
Child Judged in Need of Services/Dependent
Child's Best Interest
Child in care 15 of 22 months (or less)
Felony assault of child or sibling
Murder/Manslaughter of sibling child
Circumstances That Are Not Grounds for Termination (Isn't it also true, a fetus is NOT considered a human being in NH?)
Alcohol or Drug Induced Incapacity
(Then why are newborn's stolen when the mother is given MORPHINE in labor?)
(Why are children stolen when their mother is accused of being intoxicated?)
Abuse/Neglect or Loss of Rights of Another Child
Failure to Maintain Contact
Failure to Establish Paternity
N.H. Rev. Stat. Ann. § 169-C:24-a (Lexis, WESTLAW through 1999 Reg. Sess.)
The State, through an authorized agency, or if required by a district court, shall file a petition for termination of parental rights or, if such a petition has been filed by another party, the State shall seek to be joined as a party to such petition, where any one of the following circumstances exist:
Where a child has been an out-of-home placement pursuant to a finding of child neglect or abuse, under the responsibility of the State, for 12 of the most recent 22 months;
Where a court of competent jurisdiction has determined that a child has been abandoned;
Where a court of competent jurisdiction has made any one or more of the following determinations: That the parent has been convicted of murder or manslaughter of another child of the parent; the parent has been convicted of attempt, solicitation, or conspiracy to commit any of the offenses above; or the parent has been convicted of a felony assault that resulted in serious bodily injury to the child or another child of the parent.
The State may not be required to file a petition for termination of parental rights, or seek to be joined as a party to such a petition, if one or more of the following conditions exist:
The child is being appropriately cared for by a relative;
A State agency has documented in the case file a compelling reason for determining that filing a petition for termination of parental rights would not be in the best interests of the child; or
The State has not provided to the family of the child such services and reasonable efforts as the State deems necessary for the safe return of the child to the child's home. In determining whether the State has made reasonable efforts to prevent placement and reunify the family, the district court shall consider whether services to the family have been accessible, available, and appropriate.
N.H. Rev. Stat. Ann. § 170-C:5 (Lexis, WESTLAW through N.H. 2003 Legis. Serv., Ch. 79)
The petition may be granted where the court finds that one or more of the following conditions exist:
The parent has abandoned the child. It shall be presumed that the parent intended to abandon the child if the parent left the child without provision for his identification or left the child in the care and custody of another without any provision for his support or without communication from such parent for a period of six months. If, in the opinion of the court, the evidence indicates that such parent has made only minimal efforts to support or communicate with the child, the court may declare the child to be abandoned;
Although the parents are financially able, they have substantially and continuously neglected to provide the child with necessary subsistence, education, or other care necessary for his mental, emotional, or physical health or have substantially and continuously neglected to pay for such subsistence, education, or other care when legal custody is lodged with others. However, it shall not be grounds for the termination of the parent-child relationship for the sole reason that the parent relied upon spiritual means through prayer in accordance with a recognized religious method of healing in lieu of medical treatment for the healing of the child;
The parents, subsequent to a finding of child neglect or abuse, have failed to correct the conditions leading to such a finding within 12 months of the finding, despite reasonable efforts under the direction of the district court to rectify the conditions;
Because of mental deficiency or mental illness, the parent is, and will continue to be, incapable of giving the child proper parental care and protection for a longer period of time than would be wise or prudent to leave the child in an unstable or impermanent environment;
The parent knowingly or willfully caused or permitted another to cause severe sexual, physical, emotional or mental abuse of the child. Subsequent to a finding of such abuse, the parent-child relationship may be terminated if return of the child to the parent would result in a substantial possibility of harm to the child. A substantial possibility of harm to the child shall be established by testimony of at least two of the following factors:
The parent's conduct toward the child has
resulted in severe harm to the child;
The parent's conduct toward the child has continued despite the reasonable efforts of authorized agencies in obtaining or providing services for the parent to reduce or alleviate such conduct;
The parent's conduct has continued to occur either over a period of time, or many times, or to such a degree so as to indicate a pattern of behavior on the part of the parent which indicates a complete disregard for the child's health and welfare;
Such conduct is likely to continue with no change in parental behavior, attitude, or actions.(This is where the DCYF/CPS Psychic's come into play)
Testimony shall be provided by any combination of at least two of the following people: a licensed psychiatrist, a clinical psychologist, a physician, or social worker who possesses a master's degree in social work and is a member of the Academy of Certified Social Workers.
If the parent or guardian is, as a result of incarceration for a felony offense, unable to discharge his responsibilities to and for the child, and in addition, has been found to have abused or neglected his child or children, the court may review the conviction of the parent or guardian to determine whether the felony offense is of such nature, and the period of incarceration imposed such duration, that the child would be deprived of proper parental care and left in an unstable or impermanent environment for a longer period of time than would be prudent. Placement of the child in foster care shall not be considered proper parental care and protection. Incarceration, in and of itself, shall not be grounds for termination of parental rights;
The parent has been convicted of one or more of the following offenses: Murder or manslaughter of another child of the parent or of the child's other parent; attempt, solicitation, or conspiracy to commit any of the above offenses; or a felony assault which resulted in serious bodily injury to the child or to another child of the parent, or of the child's other parent.
Grounds for Termination of Parental Rights New Hampshire ("Neglect in the Future" is NOT on this list)
s
Statute: §§ 170-C:5; 169-C:24-a
Circumstances That Are Grounds for Termination
Abandonment or Extreme Parental Disinterest
Abuse/Neglect
Mental Illness or Deficiency
Felony Conviction/Incarceration
Failure of Reasonable Efforts
Sexual Abuse
Failure to Provide Support
Child Judged in Need of Services/Dependent
Child's Best Interest
Child in care 15 of 22 months (or less)
Felony assault of child or sibling
Murder/Manslaughter of sibling child
Circumstances That Are Not Grounds for Termination (Isn't it also true, a fetus is NOT considered a human being in NH?)
Alcohol or Drug Induced Incapacity
(Then why are newborn's stolen when the mother is given MORPHINE in labor?)
(Why are children stolen when their mother is accused of being intoxicated?)
Abuse/Neglect or Loss of Rights of Another Child
Failure to Maintain Contact
Failure to Establish Paternity
N.H. Rev. Stat. Ann. § 169-C:24-a (Lexis, WESTLAW through 1999 Reg. Sess.)
The State, through an authorized agency, or if required by a district court, shall file a petition for termination of parental rights or, if such a petition has been filed by another party, the State shall seek to be joined as a party to such petition, where any one of the following circumstances exist:
Where a child has been an out-of-home placement pursuant to a finding of child neglect or abuse, under the responsibility of the State, for 12 of the most recent 22 months;
Where a court of competent jurisdiction has determined that a child has been abandoned;
Where a court of competent jurisdiction has made any one or more of the following determinations: That the parent has been convicted of murder or manslaughter of another child of the parent; the parent has been convicted of attempt, solicitation, or conspiracy to commit any of the offenses above; or the parent has been convicted of a felony assault that resulted in serious bodily injury to the child or another child of the parent.
The State may not be required to file a petition for termination of parental rights, or seek to be joined as a party to such a petition, if one or more of the following conditions exist:
The child is being appropriately cared for by a relative;
A State agency has documented in the case file a compelling reason for determining that filing a petition for termination of parental rights would not be in the best interests of the child; or
The State has not provided to the family of the child such services and reasonable efforts as the State deems necessary for the safe return of the child to the child's home. In determining whether the State has made reasonable efforts to prevent placement and reunify the family, the district court shall consider whether services to the family have been accessible, available, and appropriate.
N.H. Rev. Stat. Ann. § 170-C:5 (Lexis, WESTLAW through N.H. 2003 Legis. Serv., Ch. 79)
The petition may be granted where the court finds that one or more of the following conditions exist:
The parent has abandoned the child. It shall be presumed that the parent intended to abandon the child if the parent left the child without provision for his identification or left the child in the care and custody of another without any provision for his support or without communication from such parent for a period of six months. If, in the opinion of the court, the evidence indicates that such parent has made only minimal efforts to support or communicate with the child, the court may declare the child to be abandoned;
Although the parents are financially able, they have substantially and continuously neglected to provide the child with necessary subsistence, education, or other care necessary for his mental, emotional, or physical health or have substantially and continuously neglected to pay for such subsistence, education, or other care when legal custody is lodged with others. However, it shall not be grounds for the termination of the parent-child relationship for the sole reason that the parent relied upon spiritual means through prayer in accordance with a recognized religious method of healing in lieu of medical treatment for the healing of the child;
The parents, subsequent to a finding of child neglect or abuse, have failed to correct the conditions leading to such a finding within 12 months of the finding, despite reasonable efforts under the direction of the district court to rectify the conditions;
Because of mental deficiency or mental illness, the parent is, and will continue to be, incapable of giving the child proper parental care and protection for a longer period of time than would be wise or prudent to leave the child in an unstable or impermanent environment;
The parent knowingly or willfully caused or permitted another to cause severe sexual, physical, emotional or mental abuse of the child. Subsequent to a finding of such abuse, the parent-child relationship may be terminated if return of the child to the parent would result in a substantial possibility of harm to the child. A substantial possibility of harm to the child shall be established by testimony of at least two of the following factors:
The parent's conduct toward the child has
resulted in severe harm to the child;
The parent's conduct toward the child has continued despite the reasonable efforts of authorized agencies in obtaining or providing services for the parent to reduce or alleviate such conduct;
The parent's conduct has continued to occur either over a period of time, or many times, or to such a degree so as to indicate a pattern of behavior on the part of the parent which indicates a complete disregard for the child's health and welfare;
Such conduct is likely to continue with no change in parental behavior, attitude, or actions.(This is where the DCYF/CPS Psychic's come into play)
Testimony shall be provided by any combination of at least two of the following people: a licensed psychiatrist, a clinical psychologist, a physician, or social worker who possesses a master's degree in social work and is a member of the Academy of Certified Social Workers.
If the parent or guardian is, as a result of incarceration for a felony offense, unable to discharge his responsibilities to and for the child, and in addition, has been found to have abused or neglected his child or children, the court may review the conviction of the parent or guardian to determine whether the felony offense is of such nature, and the period of incarceration imposed such duration, that the child would be deprived of proper parental care and left in an unstable or impermanent environment for a longer period of time than would be prudent. Placement of the child in foster care shall not be considered proper parental care and protection. Incarceration, in and of itself, shall not be grounds for termination of parental rights;
The parent has been convicted of one or more of the following offenses: Murder or manslaughter of another child of the parent or of the child's other parent; attempt, solicitation, or conspiracy to commit any of the above offenses; or a felony assault which resulted in serious bodily injury to the child or to another child of the parent, or of the child's other parent.
In New Hampshire Parental Drug Use is NOT Considered Child Abuse or Neglect
Parental Drug Use as Child Abuse
New Link: https://www.childwelfare.gov/pubPDFs/drugexposed.pdf#page=2&view=Prenatal Drug Exposure
Below I've posted the Summary of State Law's from the Child Welfare Gateway pertaining to Parental Drug Use As Abuse for ALL States.
By reading this summary, you will find New Hampshire does NOT define PRENATAL DRUG EXPOSURE as abuse and neglect.
You will also find New Hampshire does NOT define Using a controlled substance that impairs the caregiver's ability to adequately care for the child as child abuse or neglect.
I have just recently been made aware of a new mother in Nashua who has been injecting Heroin while her almost newborn child lies next to her, yet Nashua DCYF states NH RSA's have to be followed. That using drug's around a child is NOT considered abuse or neglect.
Is Nashua DCYF finally following the rules since their again failed Statewide Assessment of July 2010 was released? Are they finally following the rules because a few New Hampshire parent's and grandparent's are standing up to the fraud and deceitful practices used in the illegal kidnapping of so many of NH's children from innocent parent's and grandparent's?
If you have followed my blog, I'm sure you are aware my newborn granddaughter was stolen by Nashua DCYF due to morphine given to her mother in labor which spilled into her system. The Nashua CPSW testified in Probate Court she was unaware my daughter was given morphine in labor. A full investigation was never done, yet DCYF was allowed by the court to steal my granddaughter. I guess back in 2005, the spotlight was not yet on NH DCYF and the NH judicial system, but it sure is now.
Why was my granddaughter stolen while another Nashua mother shoot's up next to her baby? Is it because my fight has made Nashua DCYF finally follow their Administrative Rules?
Why was my granddaughter allowed to be placed in foster care and NOT with her family?
Why did Judge Patten agree with DCYF that my daughter was guilty of abuse and neglect for prenatal drug exposure(Morphine), after he himself asked the DCYF Lawyer how she could have abused or neglected her baby when she didn't even take her home from the hospital? The DCYF Lawyer's response,"Neglect in the future. We believe she'll neglect her in the future." Judge Patten agreed. We were still not allowed custody because our daughter lived with us, yet a mother living alone with her baby can use drug's in the baby's presence and DCYF does nothing.
My grandson Austin was removed from my home because his Aunt (same daughter) lived with us. DCYF's reasoning, she was using drug's in my home. That's an odd statement considering my daughter was being randomly drug tested by her Nashua CPSW Kris Geno and all her drug test's were clean.
Both grandchildren, Austin and Isabella have been illegally adopted, because Nashua DCYF got away with NOT following Administrative Rules and the State of NH would do nothing to hold them accountable for their deceitful and fraudulent practices.
Knowing the laws in this state pertaining to drug abuse, shouldn't the state of NH rectify this situation and return my grandchildren due to the fraud practiced by DCYF and the court's? I think so!
Parental Drug Use as Child Abuse: Summary of State Laws
Series: State Statutes
Author(s): Child Welfare Information Gateway
Year Published: 2009
Current Through May 2009
You may wish to review this introductory text to better understand the information contained in your State's statute. To see how your State addresses this issue, visit the State Statutes Search.
Abuse of drugs or alcohol by parents and other caregivers can have negative effects on the health, safety, and well-being of children. Approximately 47 States, the District of Columbia, Guam, and the U.S Virgin Islands have laws within their child protection statutes that address the issue of substance abuse by parents.1 Two areas of concern are the harm caused by prenatal drug exposure and the harm caused to children of any age by exposure to illegal drug activity in their homes or environment.
Prenatal Drug Exposure
The Child Abuse Prevention and Treatment Act (CAPTA) requires States to have policies and procedures in place to notify child protective services (CPS) agencies of substance-exposed newborns (SENs) and to establish a plan of safe care for newborns identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.2 Several States currently address this requirement in their statutes. Approximately 16 States and the District of Columbia have specific reporting procedures for infants who show evidence at birth of having been exposed to drugs, alcohol, or other controlled substances;
12 States and the District of Columbia include this type of exposure in their definitions of child abuse or neglect.3-See # 3 below
Some States specify in their statutes the response the CPS agency must make to reports of SENs. Hawaii and Maine require the State agency to develop a plan of safe care for the infant. California, Maryland, Minnesota, Missouri, Nevada, and the District of Columbia require the agency to complete an assessment of needs for the infant and for the infant's family and make a referral to appropriate services. Illinois and Minnesota require mandated reporters to report when they suspect that pregnant women are substance abusers so that the women can be referred for treatment.
Children Exposed to Illegal Drug Activity
There is increasing concern about the negative effects on children when parents or other members of their households abuse alcohol or drugs or engage in other illegal drug-related activity, such as the manufacture of methamphetamines in home-based laboratories. Many States have responded to this problem by expanding the civil definition of child abuse or neglect to include this concern. Specific circumstances that are considered child abuse or neglect in some States include:
Manufacturing a controlled substance in the presence of a child or on premises occupied by a child4
Exposing a child to, or allowing a child to be present where, chemicals or equipment for the manufacture of controlled substances are used or stored 5
Selling, distributing, or giving drugs or alcohol to a child 6
Using a controlled substance that impairs the caregiver's ability to adequately care for the child 7-See #7 below
Exposing a child to the criminal sale or distribution of drugs 8
Approximately 25 States and the U.S. Virgin Islands address in their criminal statutes the issue of exposing children to illegal drug activity.9 For example, in 14 States the manufacture or possession of methamphetamine in the presence of a child is a felony,10 and in four States, the manufacture or possession of any controlled substance in the presence of a child is considered a felony.11 California, Mississippi, Montana, North Carolina, Ohio, and Washington State have enacted enhanced penalties for any conviction for the manufacture of methamphetamine when a child was on the premises where the crime occurred.
Exposing children to the manufacture, possession, or distribution of illegal drugs is considered child endangerment in seven States.12 The exposure of a child to drugs or drug paraphernalia is a crime in North Dakota, Utah, and the Virgin Islands. In North Carolina and Wyoming, selling or giving an illegal drug to a child by any person is a felony.
To see how your State addresses this issue, visit the State Statutes Search.
To find information on all of the States and territories, view the complete printable PDF, Parental Drug Use as Child Abuse: Summary of State Laws (PDF - 324 KB).
1 The word approximately is used to stress the fact that States frequently amend their laws. This information is current through May 2009. The statutes in American Samoa, Connecticut, New Jersey, Northern Mariana Islands, Puerto Rico, and Vermont do not currently address the issue of children exposed to illegal drug activity. back
2 42 U.S.C. 5101 et seq., as amended by the Keeping Children and Families Safe Act of 2003 (P.L. 108-36). For more information on these issues, as well as training resources and technical assistance, visit the website of the National Center on Substance Abuse and Child Welfare. back
3 Arizona, California, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, Oklahoma, Texas, and Utah have enacted specific reporting procedures for drug-exposed infants. Arkansas, Colorado, Florida, Illinois, Indiana, Minnesota, North Dakota, South Carolina, South Dakota, Texas, Virginia, and Wisconsin include exposure of infants to drugs in their definitions of child abuse or neglect. back New Hampshire is NOT one of the States thatinclude this type of exposure in their definitions of child abuse or neglect.
4 Colorado, Illinois, Indiana, Iowa, Montana, New Mexico, Oregon, South Dakota, Tennessee, Washington, Wisconsin, and the District of Columbia. back
5 Arizona, Arkansas, Iowa, New Mexico, North Dakota, and Oregon. back
6 Arkansas, Florida, Hawaii, Illinois, Iowa, Minnesota, Texas, and Guam. back
7 Iowa, Kentucky, Minnesota, New York, Rhode Island, and Texas. back New Hampshire is NOT one of these states.
8 Montana, South Dakota, Virginia, and the District of Columbia. back
9 Alabama, Alaska, California, Delaware, Georgia, Idaho, Illinois, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, Utah, Virginia, Washington, West Virginia, and Wyoming currently address the issue in their criminal statutes. back
10 Georgia, Illinois, Iowa, Kansas, Louisiana, Montana, Nebraska, New Hampshire, Pennsylvania, South Carolina, Virginia, Washington, West Virginia, and Wyoming. back
11 Alabama, Idaho, Louisiana, and Ohio. back
12 Alaska, Delaware, Illinois, Iowa, Kansas, Missouri, and Montana. back
This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
New Link: https://www.childwelfare.gov/pubPDFs/drugexposed.pdf#page=2&view=Prenatal Drug Exposure
Below I've posted the Summary of State Law's from the Child Welfare Gateway pertaining to Parental Drug Use As Abuse for ALL States.
By reading this summary, you will find New Hampshire does NOT define PRENATAL DRUG EXPOSURE as abuse and neglect.
You will also find New Hampshire does NOT define Using a controlled substance that impairs the caregiver's ability to adequately care for the child as child abuse or neglect.
I have just recently been made aware of a new mother in Nashua who has been injecting Heroin while her almost newborn child lies next to her, yet Nashua DCYF states NH RSA's have to be followed. That using drug's around a child is NOT considered abuse or neglect.
Is Nashua DCYF finally following the rules since their again failed Statewide Assessment of July 2010 was released? Are they finally following the rules because a few New Hampshire parent's and grandparent's are standing up to the fraud and deceitful practices used in the illegal kidnapping of so many of NH's children from innocent parent's and grandparent's?
If you have followed my blog, I'm sure you are aware my newborn granddaughter was stolen by Nashua DCYF due to morphine given to her mother in labor which spilled into her system. The Nashua CPSW testified in Probate Court she was unaware my daughter was given morphine in labor. A full investigation was never done, yet DCYF was allowed by the court to steal my granddaughter. I guess back in 2005, the spotlight was not yet on NH DCYF and the NH judicial system, but it sure is now.
Why was my granddaughter stolen while another Nashua mother shoot's up next to her baby? Is it because my fight has made Nashua DCYF finally follow their Administrative Rules?
Why was my granddaughter allowed to be placed in foster care and NOT with her family?
Why did Judge Patten agree with DCYF that my daughter was guilty of abuse and neglect for prenatal drug exposure(Morphine), after he himself asked the DCYF Lawyer how she could have abused or neglected her baby when she didn't even take her home from the hospital? The DCYF Lawyer's response,"Neglect in the future. We believe she'll neglect her in the future." Judge Patten agreed. We were still not allowed custody because our daughter lived with us, yet a mother living alone with her baby can use drug's in the baby's presence and DCYF does nothing.
My grandson Austin was removed from my home because his Aunt (same daughter) lived with us. DCYF's reasoning, she was using drug's in my home. That's an odd statement considering my daughter was being randomly drug tested by her Nashua CPSW Kris Geno and all her drug test's were clean.
Both grandchildren, Austin and Isabella have been illegally adopted, because Nashua DCYF got away with NOT following Administrative Rules and the State of NH would do nothing to hold them accountable for their deceitful and fraudulent practices.
Knowing the laws in this state pertaining to drug abuse, shouldn't the state of NH rectify this situation and return my grandchildren due to the fraud practiced by DCYF and the court's? I think so!
Parental Drug Use as Child Abuse: Summary of State Laws
Series: State Statutes
Author(s): Child Welfare Information Gateway
Year Published: 2009
Current Through May 2009
You may wish to review this introductory text to better understand the information contained in your State's statute. To see how your State addresses this issue, visit the State Statutes Search.
Abuse of drugs or alcohol by parents and other caregivers can have negative effects on the health, safety, and well-being of children. Approximately 47 States, the District of Columbia, Guam, and the U.S Virgin Islands have laws within their child protection statutes that address the issue of substance abuse by parents.1 Two areas of concern are the harm caused by prenatal drug exposure and the harm caused to children of any age by exposure to illegal drug activity in their homes or environment.
Prenatal Drug Exposure
The Child Abuse Prevention and Treatment Act (CAPTA) requires States to have policies and procedures in place to notify child protective services (CPS) agencies of substance-exposed newborns (SENs) and to establish a plan of safe care for newborns identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.2 Several States currently address this requirement in their statutes. Approximately 16 States and the District of Columbia have specific reporting procedures for infants who show evidence at birth of having been exposed to drugs, alcohol, or other controlled substances;
12 States and the District of Columbia include this type of exposure in their definitions of child abuse or neglect.3-See # 3 below
Some States specify in their statutes the response the CPS agency must make to reports of SENs. Hawaii and Maine require the State agency to develop a plan of safe care for the infant. California, Maryland, Minnesota, Missouri, Nevada, and the District of Columbia require the agency to complete an assessment of needs for the infant and for the infant's family and make a referral to appropriate services. Illinois and Minnesota require mandated reporters to report when they suspect that pregnant women are substance abusers so that the women can be referred for treatment.
Children Exposed to Illegal Drug Activity
There is increasing concern about the negative effects on children when parents or other members of their households abuse alcohol or drugs or engage in other illegal drug-related activity, such as the manufacture of methamphetamines in home-based laboratories. Many States have responded to this problem by expanding the civil definition of child abuse or neglect to include this concern. Specific circumstances that are considered child abuse or neglect in some States include:
Manufacturing a controlled substance in the presence of a child or on premises occupied by a child4
Exposing a child to, or allowing a child to be present where, chemicals or equipment for the manufacture of controlled substances are used or stored 5
Selling, distributing, or giving drugs or alcohol to a child 6
Using a controlled substance that impairs the caregiver's ability to adequately care for the child 7-See #7 below
Exposing a child to the criminal sale or distribution of drugs 8
Approximately 25 States and the U.S. Virgin Islands address in their criminal statutes the issue of exposing children to illegal drug activity.9 For example, in 14 States the manufacture or possession of methamphetamine in the presence of a child is a felony,10 and in four States, the manufacture or possession of any controlled substance in the presence of a child is considered a felony.11 California, Mississippi, Montana, North Carolina, Ohio, and Washington State have enacted enhanced penalties for any conviction for the manufacture of methamphetamine when a child was on the premises where the crime occurred.
Exposing children to the manufacture, possession, or distribution of illegal drugs is considered child endangerment in seven States.12 The exposure of a child to drugs or drug paraphernalia is a crime in North Dakota, Utah, and the Virgin Islands. In North Carolina and Wyoming, selling or giving an illegal drug to a child by any person is a felony.
To see how your State addresses this issue, visit the State Statutes Search.
To find information on all of the States and territories, view the complete printable PDF, Parental Drug Use as Child Abuse: Summary of State Laws (PDF - 324 KB).
1 The word approximately is used to stress the fact that States frequently amend their laws. This information is current through May 2009. The statutes in American Samoa, Connecticut, New Jersey, Northern Mariana Islands, Puerto Rico, and Vermont do not currently address the issue of children exposed to illegal drug activity. back
2 42 U.S.C. 5101 et seq., as amended by the Keeping Children and Families Safe Act of 2003 (P.L. 108-36). For more information on these issues, as well as training resources and technical assistance, visit the website of the National Center on Substance Abuse and Child Welfare. back
3 Arizona, California, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, Oklahoma, Texas, and Utah have enacted specific reporting procedures for drug-exposed infants. Arkansas, Colorado, Florida, Illinois, Indiana, Minnesota, North Dakota, South Carolina, South Dakota, Texas, Virginia, and Wisconsin include exposure of infants to drugs in their definitions of child abuse or neglect. back New Hampshire is NOT one of the States thatinclude this type of exposure in their definitions of child abuse or neglect.
4 Colorado, Illinois, Indiana, Iowa, Montana, New Mexico, Oregon, South Dakota, Tennessee, Washington, Wisconsin, and the District of Columbia. back
5 Arizona, Arkansas, Iowa, New Mexico, North Dakota, and Oregon. back
6 Arkansas, Florida, Hawaii, Illinois, Iowa, Minnesota, Texas, and Guam. back
7 Iowa, Kentucky, Minnesota, New York, Rhode Island, and Texas. back New Hampshire is NOT one of these states.
8 Montana, South Dakota, Virginia, and the District of Columbia. back
9 Alabama, Alaska, California, Delaware, Georgia, Idaho, Illinois, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, Utah, Virginia, Washington, West Virginia, and Wyoming currently address the issue in their criminal statutes. back
10 Georgia, Illinois, Iowa, Kansas, Louisiana, Montana, Nebraska, New Hampshire, Pennsylvania, South Carolina, Virginia, Washington, West Virginia, and Wyoming. back
11 Alabama, Idaho, Louisiana, and Ohio. back
12 Alaska, Delaware, Illinois, Iowa, Kansas, Missouri, and Montana. back
This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
Thursday, April 14, 2011
Better options for foster kids
Better options for foster kids - thestar.com
When children are removed from troubled homes and made Crown wards the government is, in effect, saying it can do a better job than their parents of raising them.
When children are removed from troubled homes and made Crown wards the government is, in effect, saying it can do a better job than their parents of raising them.
Wednesday, April 13, 2011
How to Fight CPS to Get Your Kids Back
How to Fight CPS to Get Your Kids Back | eHow.com
Many child protection services (CPS) organizations in the United States have broad powers to take custody of children they feel are being abused, neglected or mistreated. Once CPS has taken a child into their custody, administrative laws dictate family reunification; these rules are often vague enough to provide social workers with the power to maintain state custody for months and, in some cases, years. If your children are in state custody, you have legal options available to get your them back.
Difficulty: Moderate
Instructions
1
Hire a lawyer immediately. If you can afford a private lawyer, find one that specializes in CPS cases. If you are unable to afford a private lawyer obtain a public defender. While some individuals have successfully fought CPS charges on their own, in most cases having an attorney will help you get your children back sooner.
2
Write a sworn declaration attesting to your version of the events that caused CPS to remove children from your care. This statement should be witnessed and signed by a notary public. File the original, signed copy of this statement with your county court house; ask the clerk to ensure the document is included in the official file pertaining to your case. Keep a copy of this document for your records.
3
Document every interaction you have with CPS case workers or representatives. This written documentation can be used in court as part of your defense.
4
Research your state's CPS administrative rules and regulations
Research CPS rules and regulations. Check your local library for administrative policies that regulate both the CPS agency as well as individual case workers. If a case worker behaves illegally or inappropriately be sure to document the event immediately and inform your lawyer.
5
Review your rights. In most cases, it is best not to answer too many questions unless your lawyer is present. While you may feel that you are innocent and have nothing to hide, everything you say can be used against you.
6
Maintain polite conversation with CPS case workers at all times. Never raise your voice or behave in a way that could potentially call into question your ability to maintain control over yourself.
7
Be very clear about the results of court hearings. Requirements for the return of your children must be court-ordered. These requirements are the only legal obligations you have for getting your children back. Let your lawyer know if case workers indicate that you are obligated to perform activities that were not specifically outlined in court documents.
8
Comply with all court requirements and work with CPS case workers until the situation has been resolved.
Follow through with every court-ordered requirement and courteously and politely work with CPS case workers until a judge returns your children to your care.
Many child protection services (CPS) organizations in the United States have broad powers to take custody of children they feel are being abused, neglected or mistreated. Once CPS has taken a child into their custody, administrative laws dictate family reunification; these rules are often vague enough to provide social workers with the power to maintain state custody for months and, in some cases, years. If your children are in state custody, you have legal options available to get your them back.
Difficulty: Moderate
Instructions
1
Hire a lawyer immediately. If you can afford a private lawyer, find one that specializes in CPS cases. If you are unable to afford a private lawyer obtain a public defender. While some individuals have successfully fought CPS charges on their own, in most cases having an attorney will help you get your children back sooner.
2
Write a sworn declaration attesting to your version of the events that caused CPS to remove children from your care. This statement should be witnessed and signed by a notary public. File the original, signed copy of this statement with your county court house; ask the clerk to ensure the document is included in the official file pertaining to your case. Keep a copy of this document for your records.
3
Document every interaction you have with CPS case workers or representatives. This written documentation can be used in court as part of your defense.
4
Research your state's CPS administrative rules and regulations
Research CPS rules and regulations. Check your local library for administrative policies that regulate both the CPS agency as well as individual case workers. If a case worker behaves illegally or inappropriately be sure to document the event immediately and inform your lawyer.
5
Review your rights. In most cases, it is best not to answer too many questions unless your lawyer is present. While you may feel that you are innocent and have nothing to hide, everything you say can be used against you.
6
Maintain polite conversation with CPS case workers at all times. Never raise your voice or behave in a way that could potentially call into question your ability to maintain control over yourself.
7
Be very clear about the results of court hearings. Requirements for the return of your children must be court-ordered. These requirements are the only legal obligations you have for getting your children back. Let your lawyer know if case workers indicate that you are obligated to perform activities that were not specifically outlined in court documents.
8
Comply with all court requirements and work with CPS case workers until the situation has been resolved.
Follow through with every court-ordered requirement and courteously and politely work with CPS case workers until a judge returns your children to your care.
Lawyer: Accused killer was in 23 foster homes
Lawyer: Accused killer was in 23 foster homes | News | 2theadvocate.com — Baton Rouge, LA
An attorney for Dustin Musso, who is accused of first-degree murder in the 2009 slaying of his grandfather in Baton Rouge, said Monday the 31-year-old Musso was in 23 foster homes starting at the age of 3.
An attorney for Dustin Musso, who is accused of first-degree murder in the 2009 slaying of his grandfather in Baton Rouge, said Monday the 31-year-old Musso was in 23 foster homes starting at the age of 3.
April 25th is Parental Alienation Awareness Day-Parental alienation syndrome’s addition to manual remains uncertain
Parental alienation syndrome’s addition to manual remains uncertain
Parental alienation syndrome’s addition to manual remains uncertain
(March 2011 Issue)
By Ami Albernaz
As the forthcoming Diagnostic and Statistical Manual of Mental Disorders (DSM-5) takes shape, some psychologists and others outside the mental health field are pushing for the addition of parental alienation syndrome, a term used to describe the effects of one parent's manipulating a child into rejecting a relationship with the other parent.
Children who have suffered parental alienation syndrome, or PAS, usually in the context of divorce or separation, can grow up depressed and struggle toward self-sufficiency, says Amy Baker, Ph.D., director of research at the Vincent J. Fontana Center for Child Protection in New York, N.Y. and the author of three books on parental alienation. Depression, guilt and low self-esteem come from a sense of unresolved loss toward the rejected parent and a need to appease the other parent.
Baker and others who support the addition of parental alienation to the DSM say its recognition could lead to more research and better intervention and would increase its legitimacy among family court judges and custody evaluators.
The term "parental alienation syndrome" was coined in the 1980s by Richard Gardner, M.D., a child psychiatrist at Columbia University. Gardner, who died in 2003, believed PAS to be a form of abuse, most often perpetrated by mothers. (He revised this claim later on to say both parents could be responsible).
The term has come under criticism from women's rights groups and battered women's advocates, who say it could be used by men trying to deflect attention from their abusive behavior.
Baker argues that parental alienation was never intended to include abusive or neglectful parents, something that Gardner also said. Rather, it refers to "strategies intended to manipulate the child into rejecting a parent when there isn't a good reason to reject that parent," she says.
The strategies used by an alienating parent to turn a child or children against the other parent tend to be pervasive, Baker says. One tactic is denigrating the other parent in front of the child.
"It can be taking a minor flaw and making it seem worthy of contempt," she says. "There's probably an endless list of specifics one parent could say bad about another, but what it really comes down to is that the other parent is made out to be unsafe, unloving and unavailable."
Anything a marginalized parent or targeted parent, does can be recast in a negative light, Baker adds: The parent who calls a lot is characterized as a stalker. If the parent pulls away to give the child space, it's abandonment.
Alienating parents often limit contact between the child and the other parent, sometimes in subtle ways - dropping the child off with the other parent 10 minutes late and picking up 10 minutes early, for instance - and not-so-subtle ways, such as texting or calling the child during visits with the other parent.
"For young children who live very much in the present, a relationship is comprised of very many little moments," Baker says. "Whatever is in the child's mind and heart, they can share it with the parent. But if there's no opportunity to do that, the relationship can suffer."
Over time, a child might begin rejecting the criticized parent out of a sense of allegiance to the other parent, even if the child doesn't understand it.
"Children may read and internalize the vocal parent's strong feelings and react protectively - or self-protectively - on that parent's behalf," says Lynn Margolies, Ph.D., a Newton, Mass. psychologist whose areas of focus include marital, parental and family conflict. "In this situation, the child may identify with the critical, angry parent or unconsciously express this parent's perceptions as if they were the child's own."
This can be damaging to children because they "disavow their own feelings, creating a state of detachment from themselves, potential confusion and aloneness," Margolies says.
It's important for targeted parents to show their children they are safe, loving and available, Baker says. As much as possible, they should try to brainstorm solutions with their children.
"Often times, an alienating parent will do something to incite conflict between the child and the targeted parent," she says. "If possible, they should rearrange things, so they're not fighting against their kid."
If curfew is a contentious issue, for instance, "the targeted parent could say, 'gee, you had some thoughts about curfew - how should we approach this?' That way, it's like you're on the same team as the kid." By focusing on a relationship with the child in spite of the obstacles, a marginalized parent can have a positive impact, Margolies says.
"Though it is easy for the marginalized parent to feel hopeless about having any impact on their child, each parent's relationship with the child is critical," she says. "The marginalized parent should try to hold this in mind and positively channel their energy into developing and enhancing their relationship with the child during their time together."
While a number of groups have sprung up recently to support parental alienation's inclusion in the new DSM, its fate remains unclear.
Last fall, Darrel Regier, M.D., vice chair of the American Psychiatric Association task force drafting the manual, told the Associated Press that the chances of parental alienation being included were slim, and that there isn't enough scientific evidence to warrant its inclusion. A spokesperson for the American Psychiatric Association told New England Psychologist, there has been no change on that stance to date.
Yet Baker says she's hopeful PAS will somehow be included, either as a relational disorder or on a list of disorders that will be considered for future manuals.
Parental alienation syndrome’s addition to manual remains uncertain
(March 2011 Issue)
By Ami Albernaz
As the forthcoming Diagnostic and Statistical Manual of Mental Disorders (DSM-5) takes shape, some psychologists and others outside the mental health field are pushing for the addition of parental alienation syndrome, a term used to describe the effects of one parent's manipulating a child into rejecting a relationship with the other parent.
Children who have suffered parental alienation syndrome, or PAS, usually in the context of divorce or separation, can grow up depressed and struggle toward self-sufficiency, says Amy Baker, Ph.D., director of research at the Vincent J. Fontana Center for Child Protection in New York, N.Y. and the author of three books on parental alienation. Depression, guilt and low self-esteem come from a sense of unresolved loss toward the rejected parent and a need to appease the other parent.
Baker and others who support the addition of parental alienation to the DSM say its recognition could lead to more research and better intervention and would increase its legitimacy among family court judges and custody evaluators.
The term "parental alienation syndrome" was coined in the 1980s by Richard Gardner, M.D., a child psychiatrist at Columbia University. Gardner, who died in 2003, believed PAS to be a form of abuse, most often perpetrated by mothers. (He revised this claim later on to say both parents could be responsible).
The term has come under criticism from women's rights groups and battered women's advocates, who say it could be used by men trying to deflect attention from their abusive behavior.
Baker argues that parental alienation was never intended to include abusive or neglectful parents, something that Gardner also said. Rather, it refers to "strategies intended to manipulate the child into rejecting a parent when there isn't a good reason to reject that parent," she says.
The strategies used by an alienating parent to turn a child or children against the other parent tend to be pervasive, Baker says. One tactic is denigrating the other parent in front of the child.
"It can be taking a minor flaw and making it seem worthy of contempt," she says. "There's probably an endless list of specifics one parent could say bad about another, but what it really comes down to is that the other parent is made out to be unsafe, unloving and unavailable."
Anything a marginalized parent or targeted parent, does can be recast in a negative light, Baker adds: The parent who calls a lot is characterized as a stalker. If the parent pulls away to give the child space, it's abandonment.
Alienating parents often limit contact between the child and the other parent, sometimes in subtle ways - dropping the child off with the other parent 10 minutes late and picking up 10 minutes early, for instance - and not-so-subtle ways, such as texting or calling the child during visits with the other parent.
"For young children who live very much in the present, a relationship is comprised of very many little moments," Baker says. "Whatever is in the child's mind and heart, they can share it with the parent. But if there's no opportunity to do that, the relationship can suffer."
Over time, a child might begin rejecting the criticized parent out of a sense of allegiance to the other parent, even if the child doesn't understand it.
"Children may read and internalize the vocal parent's strong feelings and react protectively - or self-protectively - on that parent's behalf," says Lynn Margolies, Ph.D., a Newton, Mass. psychologist whose areas of focus include marital, parental and family conflict. "In this situation, the child may identify with the critical, angry parent or unconsciously express this parent's perceptions as if they were the child's own."
This can be damaging to children because they "disavow their own feelings, creating a state of detachment from themselves, potential confusion and aloneness," Margolies says.
It's important for targeted parents to show their children they are safe, loving and available, Baker says. As much as possible, they should try to brainstorm solutions with their children.
"Often times, an alienating parent will do something to incite conflict between the child and the targeted parent," she says. "If possible, they should rearrange things, so they're not fighting against their kid."
If curfew is a contentious issue, for instance, "the targeted parent could say, 'gee, you had some thoughts about curfew - how should we approach this?' That way, it's like you're on the same team as the kid." By focusing on a relationship with the child in spite of the obstacles, a marginalized parent can have a positive impact, Margolies says.
"Though it is easy for the marginalized parent to feel hopeless about having any impact on their child, each parent's relationship with the child is critical," she says. "The marginalized parent should try to hold this in mind and positively channel their energy into developing and enhancing their relationship with the child during their time together."
While a number of groups have sprung up recently to support parental alienation's inclusion in the new DSM, its fate remains unclear.
Last fall, Darrel Regier, M.D., vice chair of the American Psychiatric Association task force drafting the manual, told the Associated Press that the chances of parental alienation being included were slim, and that there isn't enough scientific evidence to warrant its inclusion. A spokesperson for the American Psychiatric Association told New England Psychologist, there has been no change on that stance to date.
Yet Baker says she's hopeful PAS will somehow be included, either as a relational disorder or on a list of disorders that will be considered for future manuals.
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