By Connie Reguli
So it’s a mixed topic for today, but we must always be thinking, sharing, educating, and blasting knowledge into cyberspace about the devastating after math of wrongful child removals and the parents’ struggle to survive.
While state legislators are operating under a belief that ‘parents are bad’ and that ‘they would rather see children wrongfully removed from loving parents than miss one abused child’, state laws continue to focus on ‘bad parent’ termination laws, instead of the rights of children to family integrity.
Afterall, termination of parental rights is termination of children’s rights as well. And although children are appointed attorneys to protect the ‘best interest of the child’, these guardian ad litems never, I mean never, protect the substantive due process rights of the children to family integrity which has been recognized by the United States Supreme Court.
One legal scholar (besides me) said this:
Despite this support for the existence of a child’s independent right to family integrity, children rarely assert this right. As a result, children are virtually shut out of legal proceedings that affect their families and stability—usually based on allegations against their parents, not themselves. This may be due in part to the fact that the legal landscape is not clear. But it is also likely due to the confusing role of children’s advocates in civil proceedings and the fact that children in many of these proceedings have no advocate at all. If a parent fails to assert her fundamental right to her children in those proceedings or is unable to do so because of a finding of unfitness, family integrity may never be considered—even though the implications for the child can be devastating. The Supreme Court has noted that “[d]irecting the onus of a parent’s misconduct against his children does not comport with fundamental conceptions of justice.” Yet the Court has not given this observation legal force by overtly recognizing a child’s right to family integrity or clarifying its parameters.
Until children are appointed legal advocates to protect their constitutional rights, we will never have liberty and justice for all.
AMERICAN BAR ASSOCIATION MAKES AN EFFORT TO GIVE PARENTS DIRECTION
In the meantime, I am watching other scholars, organizations, and professionals voice their concern for policing of families and imprisonment of children through fake-foster placement.
The American Bar Association has finally published state resources for parents in the link found here.
This link will direct you to a list of every state with a link to a summary sheet on the process of child protective services in your state. The ‘one sheet’ analysis is simple and not thorough but will give each parents a chance to be educated in the process before they are caught off guard in court. The Tennessee page looks like this:
This documents will tell you that you have a right to an attorney, to review CPS/DCS records, to attend child and family team meetings, to make medical decision, to make placement recommendations, and to visit your children. HOWEVER, the language at the bottom of this document is clear: A court or judge can limit these rights.
Therein lies the problem. Even though parental ‘unfitness’ requires the high burden of proof of clear and convincing evidence, there is no such elevated burden of proof to remove your rights one by one.
STATE OF ILLINOIS – 2024 LEGISLATION SUGGESTS BETTER PEDIATRIC PRACTICES
In the State of Illinois SB378 is making significant changes which could help redirect child abuse referrals to an ‘assessment’ path instead of an ‘investigative’ path resulting in removal. This could have only happened with the hard efforts of many advocates, including Family Forward Project, who helped to move the Family First Prevention and Services Act of 2018 (now Family First Act) through Congress. This bill allowed for federal funds to assist with services prior to removal, a provision which was ignored under CAPTA (Child abuse prevention and treatment act of 1974) and subsequent legislation which created the perverted funding scheme.
The jury is still out as to how and when this will be fully implemented because Illinois is long suffering in the child welfare department. Over the last three years, its director was held in contempt of court on multiple occasions for failing to account for the incompetence of the department that left children in harm’s way.
I will review this bill closer and follow up. Have a blessed day.
The rights discussed in this document can be limited by the court. This document should not be considered legal advice and is for informational purposes only. For legal
advice talk to your attorney.
© 2018 American Bar Association Center on Children and the Law
Your Responsibilities to the Court and DCS
– Provide all relevant information to DCS.
– Attend all juvenile court hearings and team meetings.
– Cooperate with your DCS case worker. Stay in touch with your worker. Be sure that the worker always
has your current address and telephone number.
– Participate in the services that are offered and work on your child’s permanency plan, including all
activities and services the Court may order you and other family members to complete.
– Provide your DCS case worker with information about your progress towards completing your
responsibilities in your family permanency plan and any changes in your life.
– Visit and communicate with your child as agreed upon.
– Pay child support if ordered by the court.
MoreMoreMoreMore informationinformationinformationinformation ccccan be found:an be found:an be found:an be found:
American Bar Association Center on Children and the Law Parent Representation
http://www.americanbar.org/groups/child_law/what_we_do/projects/parentrepresentation.html
Rise Magazine for Parents http://www.risemagazine.org/
Birth Parent National Network http://bpnn.ctfalliance.org/
1 Tenn. Code Ann. § 37-1-126
Child Welfare and Family Law and Reform 