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.

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.

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.

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.

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.

Blog « A Family's Heartbreak: A Parent's Introduction to Parental Alienation

Blog « A Family's Heartbreak: A Parent's Introduction to Parental Alienation

April 13th, 2011
Mike Jeffries, author of A Family’s Heartbreak: A Parent’s Introduction to Parental Alienation, is joining other parental alienation experts on Saturday, May 21, 2011 at the DePaul Center in Chicago, Illinois to help educate parents, legal and mental health professionals about parental alienation.

Jeffries will address participants at the Parental Alienation Awareness Organization (PAAO) conference, “The Painful Path of Parental Alienation and Visitation Interference.” Also speaking at the conference are Cook County Circuit Court Judge Michele Lowrance, the author of The Good Karma Divorce; Attorney Jame Pritikin, who recently helped Miami Heat star Dwayne Wade overcome the attempted alienation of his children; Dr. Michael Bone, a parental alienation expert who has spent the past 25 years dealing with high conflict divorce as a therapist, expert witness, mediator, evaluator and consultant; and Jill Egizii, PAAO President and author of The Look of Love.

“I’m thrilled to join such a great group of knowledgeable and passionate speakers as we help others understand parental alienation and examine strategies for addressing alienation both legally and therapeutically,” Jeffries said. “I’m also proud to support the PAAO. The organization does great work helping others deal with these very heartbreaking situations.”

The one-day conference begins at 9:00 a.m. in Conference Room 8005 at the DePaul Center in Chicago. The cost is $50 for non-PAAO members and $25 for CRC Illinois PAAO members. Participants can register online at www.paawareness.org/2011PAAOChicagoConference/or by mail with a check to Jill Egizii/PAAO at 1645 W. Laurel Street, Springfield, Illinois 62704.

The event is cosponsored by the DePaul Law Center. For more information on the conference you can visit, www.paawareness.org.

Dependent on Prescription Drugs, Even Before Birth

Dependent on Prescription Drugs, Even Before Birth - NYTimes.com


BANGOR, Me. — The mother got the call in the middle of the night: her 3-day-old baby was going through opiate withdrawal in a hospital here and had to start taking methadone, a drug best known for treating heroin addiction, to ease his suffering.
Enlarge This Image

Damon Winter/The New York Times
Liriel, 1 year old, playing with her mother, Kate, in their bedroom at a transitional home where they have lived while waiting for permanent housing in Maine. Liriel experienced withdrawal from opiate dependency at birth and was treated with methadone. Her mother is still receiving treatment.
The mother had abused prescription painkillers like OxyContin for the first 12 weeks of her pregnancy, buying them on the street in rural northern Maine, and then tried to quit cold turkey — a dangerous course, doctors say, that could have ended in miscarriage. The baby had seizures in utero as a result, and his mother, Tonya, turned to methadone treatment, with daily doses to keep her cravings and withdrawal symptoms at bay.

As prescription drug abuse ravages communities across the country, doctors are confronting an emerging challenge: newborns dependent on painkillers. While methadone may have saved Tonya’s pregnancy, her son, Matthew, needed to be painstakingly weaned from it.

Infants like him may cry excessively and have stiff limbs, tremors, diarrhea and other problems that make their first days of life excruciating. Many have to stay in the hospital for weeks while they are weaned off the drugs, taxing neonatal units and driving the cost of their medical care into the tens of thousands of dollars.

Like the cocaine-exposed babies of the 1980s, those born dependent on prescription opiates — narcotics that contain opium or its derivatives — are entering a world in which little is known about the long-term effects on their development. Few doctors are even willing to treat pregnant opiate addicts, and there is no universally accepted standard of care for their babies, partly because of the difficulty of conducting research on pregnant women and newborns.

Those who do treat pregnant addicts face a jarring ethical quandary: they must weigh whether the harm inflicted by exposing a fetus to powerful drugs, albeit under medical supervision, is justifiable.

Read more at the above link.