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Conference moira::parenting

Title:Parenting
Notice:Previous PARENTING version at MOIRA::PARENTING_V3
Moderator:GEMEVN::FAIMANY
Created:Thu Apr 09 1992
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1292
Total number of notes:34837

360.0. "Pending Legislation Regarding Foster Children" by CFSCTC::HANNULA () Wed Oct 14 1992 12:17

    
    For those of you who read the Globe, perhaps you caught Bella English's 
    column on the foster parents forced to give up the badly abused child 
    they took in as an infant -- only to have the Dept. of Social Services 
    decide after three years that the child should be returned to it's 
    biological parents? It was in Monday's paper and again on the front 
    page of today's Globe.
    
    Anyway, as a foster parent I want to say that this is not an unusual
    case. This is the EXTREMELY frightening reality for those of us who
    have opened our hearts and our homes to kids in need. In the state of
    Massachusetts, children are the property of their parents regardless of
    how destructive this relationship might be. These children
    need security -- they need to know that they won't be abused, neglected
    and cast off on a whim. I could go on at great length about our own
    experience, as some of you perhaps know, but I have a different message
    to impart.
    
    To quote Bella English:
    
    "The adoption system in this state is a mess. Currently, some 4,000
    children are awaiting adoption; some wait years. Why were Andy's
    parents given three years to get it together? In any compassionate
    system, he would have been adopted two years ago.
    
    Spurred by similar cases, the Legislature is finally moving. House Bill
    6004 would terminate parental rights if a child under 4 has been in DSS
    custody for six of the previous twelve months and the parents have
    refused services. Andy is one such child. The new law would unify the
    legal process, currently spread out in the juvenile and the probate
    courts, and would specify what, exactly, constitutes an unfit parent."
    
    This child is being taken away from the only loving family he has ever
    known. Our own case, which involves a child who has lived in our home
    for three years, is still tied up in the court system. We would be
    devastated if anything caused this child to be removed from our lives.
    
    If you are a Massachusetts resident, and have an opinion with  regard 
    to this proposed new legislation, you might choose to call or write your
    representative. 
    
    Thanks,
    Chris
    
    
    
    
    

    
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360.1DSS really needs helpALLVAX::CLENDENINWed Oct 14 1992 13:1011
    
    The same column was in the Herald yesterday, they have a follow up
    today, the follow up says, A judge ruled yesterday that a 3 1/2 year
    old boy must be returned to his natural parents.  
    
    It tells what the parents are suspected of doing to this child when
    he was 6 months and younger.
    
    The DSS is in need to some major help.
    
    Lisa
360.2AgenciesSALEM::GILMANFri Oct 16 1992 15:4114
    "In Massachusetts the children are the propery of the parents no matter
    how badly abused they are".... or words to that effect.  I think that
    society must be careful that things don't go to the OPPOSITE extreme,
    which is that 'the kids are the property of the State'.  In GENERAL
    I believe we are far better off with the parents having ultimate
    control over their children than with the State stepping in unless
    there is outright child abuse.  I see too many horror stories of
    the DYS/DSS doing what is 'best' for the child to simply accept their
    premis that they 'always act in the best interests of the child'.
    They are overloaded with cases and being human themselves they DO
    NOT always do what is best by any means.  The DYS/DSS needs checks
    and balances upon it as much as society does.
    
    Jeff
360.3yeah, but...GEMVAX::WARRENFri Oct 16 1992 16:279
    I agree that we don't want kids becoming the property of the State,
    but at what point do the parents lose their status as such?  Isn't 
    it enough when they have neglected the child for _years_ and other
    people have effectively been the parents--caring for and loving and
    being loved by this child--and are willing and able to continue to be
    the parents?
    
    -Tracy
     
360.4RemovalSALEM::GILMANTue Oct 20 1992 12:5912
    Quite right Tracy.  I am not suggesting that under appropriate
    circumstances that children not be removed from the home.  My beef
    is that I see children being removed when it is not appropriate to
    remove them.  The checks and balances (agencies/courts) which decide
    'what is in the best interest of the child' need careful supervision,
    and checks and balances themselves.  Human error, indifference, poor
    research and follow up all contribute to inappropriate removal.
    
    IMO removing a child from a home is a MOST SERIOUS thing to do and
    the reason for that removal should be VERY SERIOUS to have it happen. 
    
    Jeff
360.5Some ExplanationsNODEX::HOLMESTue Oct 20 1992 16:3374
    I work with the Court Appointed Special Advocates (CASA) program as a
    volunteer.  As part of our training, we had a session last night with
    both a judge from the Worcester (MA) juvenile court system, and with a
    social worker from DSS.
    
    .1> A judge ruled yesterday that a 3 1/2 year old boy must be returned 
    .1> to his natural parents.
    .1> The DSS is in need to some major help.
    
    As it was stated in the first sentence there, it was a judge, not DSS,
    that made that decision.  And the judge was acting under the current
    laws.  Judge Grace was clear last night about what the law states in
    Massachusetts.  At the time of the trial, it must be shown that the
    parents are *currently* unfit to care for the child.  Being unfit in
    the past is not reason enough to remove a child from a family.  She
    said that she has seen lots of cases where the parents did pull it
    together -- through drug/alcohol rehab programs, therapy, parenting
    training, realising that the possibility of loosing their children is 
    real -- in time to regain custody of their children.
    
    The problem, IMHO, is that the process is allowed to drag on for too
    long sometimes.  This is sometimes due to ineffectiveness in DSS, but
    is largely due to the laws.  The bill referenced in .0 is trying to
    remedy that situation by limiting the amount of time before a case
    comes to trial, and by unifying the process that currently takes place
    in two different court systems.
    
    Right now, in Massachusetts, the Care and Protection (C&P) cases are under
    the jurisdiction of the juvenile court, while the Termination of
    Parental Rights cases are under the jurisdiction of the probate courts. 
    Even if DSS is able to bring the C&P case to a close quickly, the child
    is not available for adoption until the termination has happened. 
    There is currently a 2 year (!) backup for termination cases, at least in
    Worcester.  During that 2 years, DSS must continue to work with the
    parents, even though the child has been found to be in need of Care and
    Protection, and if at any time the parents get it together and become
    "fit", they can ask for and be awarded custody of the child.
    
    .4> IMO removing a child from a home is a MOST SERIOUS thing to do and
    .4> the reason for that removal should be VERY SERIOUS to have it happen.
    
    I agree, and I believe the DSS workers do as well.  Of course there are
    going to be good workers and bad workers, as well as workers who just
    plain make mistakes.  This is why the checks and balances are so
    important.
    
    The social worker that spoke to us last night assured us that removing
    the child from the home is that last thing they want to do.  There are
    many reasons for this, including :
    
       It is the job of DSS to keep families together whenever possible,
       and it is easier to work with a family that is still intact than one
       that is split up.
    
       There is a lack of decent foster homes in which the children can be
       placed.
    
       There is an incredible amount of paperwork that must be done in order
       to place and keep children in foster care.
    
       Foster care costs big bucks; much more than it costs to only provide
       services to an intact family.
    
    This social worker is extremely overworked, underpayed, and dedicated
    to what she is doing.  Besides hearing her presentation last night,
    I've been working with her on one of the cases that I'm involved in
    through CASA.  She is a very talented woman who has an amazing ability
    to work with parents without making them feel defensive or inferior. 
    And she lays it on line about the steps that they must take in order to
    keep their family together.  I'm not trying to say that DSS is all 
    peaches-and-cream by any means, but there are workers out there trying 
    to do their best for the families that need their services.
    
                                                  Tracy
360.6KAHALA::FULTZED FULTZWed Oct 21 1992 10:0916
In every organization you are going to find the good, bad, and mediocre.
In the case of DSS, we need laws in place to handcuff (to a certain extent)
the bad and mediocre.  Whether it is the best way or not, we need to 
legislate for the least common denominator in this case.

It should NEVER be up to a social worker whether a child is removed from
a household.  And ESPECIALLY not the decision of whether the removal is
permanent.

The only exception to this should be IMMEDIATE physical harm - and you 
darn well better be able to prove it in a court of law with HARD FACTS.

This may seem like handcuffing too much, but the government is here to
serve and protect, not tell us what is right and wrong for us to do.

Ed..