I have no words...
Well, I do but I don't wanna get banned.
#**&@&)@*&*&*(!!!
Highlighted, then what is the appropriate mechanism, I wonder.From the motion at the link below (by a public defender), it appears that Mass Statute does not provide for an ICPC for out-of-state parents since it's not a "placement"-- which argues is applicable to foster care and adoption and not custody orders to parents.
Also, cites how the home study requirement would deprive the father [mother] of his state and federal due process rights to the care and custody of his child.
It would also violate his right to equal protection of the laws, and his right to migrate between states.
In the 18-page sample motion for immediate release to the father, the same also eludes to pandemic delays.
https://www.publiccounsel.net/cafl/...Custody-to-Out-of-State-Parent-ICPC-2021.docx
ETA: Add from Law Review -- more on the statute:
At this point, five states and one federal court have held that the ICPC does not cover parental placements. This Article will survey the split in courtrooms across the country, the reasons why Massachusetts must limit the ICPC, and alternative options for nervous courts, attorneys, and state agencies when sending a child across state lines. Ultimately, the ICPC is not the appropriate mechanism to utilize when placing a child with her parent across state lines.
https://digitalcommons.law.wne.edu/cgi/viewcontent.cgi?article=1700&context=lawreview
So CS had two court dates and chose the other one(not Harmony’s) and that’s the one they gave custody of her to AM? Did she ever put H first?
First she chose drugs over taking care of her, then chose whatever court appearance was more important than custody of her daughter. I’m starting to hate this woman.
So CS had two court dates and chose the other one(not Harmony’s) and that’s the one they gave custody of her to AM? Did she ever put H first?
First she chose drugs over taking care of her, then chose whatever court appearance was more important than custody of her daughter. I’m starting to hate this woman.
Despite whatever other poor choices she made, if it weren't for CS determination to locate her daughter no matter who she annoyed, none of us would ever even know Harmony was missing, since NO ONE else, cared enough to make it known. There were other adults in Harmony's life that not only knew was missing, but likely had a hand in her going missing.
She's no mother of the year, and I'm sure she'd be the first to admit it, but my hat is off to her for rattling cages, making noise and getting the word out about Harmony.
jmo
I thought the Mom's parental rights were terminated prior to her going to her Father.
She would have been appointed an attorney free of charge during the dependency.
There's no excuse for not doing the proper Home Study on the father and not following up on Harmony's safety and well-being. Call it an ICPC or something else, there's no excuse.
In my state an ICPC is done for out of state bio parents. To send a child to ANYONE without the proper background checks and safety inspections is unforgivable.
All you ever hear about in dependency cases is the "parents' rights". What about the child's rights?
I think CS wanted Harmony to be adopted with <modsnip: Siblings name redacted>. She wanted to set the groundwork for that open adoption and then work on Harmony being placed with him. That way, when she's sober/able she can have visits/continuity of the relationships with these two. Breaks my heart that these bonded kids did not end up together.So CS had two court dates and chose the other one(not Harmony’s) and that’s the one they gave custody of her to AM? Did she ever put H first?
First she chose drugs over taking care of her, then chose whatever court appearance was more important than custody of her daughter. I’m starting to hate this woman.
That's my impression too. I suspect that, for some time, it was looking like Harmony was going to get adopted with her brother, and then the plan didn't work out because her father showed up.I think CS wanted Harmony to be adopted with <modsnip: Siblings name redacted>. She wanted to set the groundwork for that open adoption and then work on Harmony being placed with him. That way, when she's sober/able she can have visits/continuity of the relationships with these two. Breaks my heart that these bonded kids did not end up together.
From my personal experiences involved with foster care, I can tell you that children are returned to dangerous situations all the time. People just don't hear about it unless they go missing or are killed.
ETA: The goal is always to reunify kids with bio parents when possible. They believe that parents can be rehabilitated. Some can, but most can't. That is reality. There is a huge shortage of foster homes and places to put these kids. And the drug epidemic along with homelessness and poverty has put a huge strain on the system. Just to name a few reasons why this could happen.
There's still no excuse for what happened with Harmony and Oakley and all the other kids who have been sent to bio parents who are not capable of being safe parents.
I agree. It was also reported that the MA DCF knew the father resided in NH, so they should have done an ICPC.I thought the Mom's parental rights were terminated prior to her going to her Father.
She would have been appointed an attorney free of charge during the dependency.
There's no excuse for not doing the proper Home Study on the father and not following up on Harmony's safety and well-being. Call it an ICPC or something else, there's no excuse.
In my state an ICPC is done for out of state bio parents. To send a child to ANYONE without the proper background checks and safety inspections is unforgivable.
All you ever hear about in dependency cases is the "parents' rights". What about the child's rights?
I completely agree with your frustration but I'm willing to cut CS some slack. She was going through rehab and detox, she was likely feeling bad about herself and she had a legal monstrosity she was facing down. She did try to keep Harmony from going with her father but she would have been seen and treated like a vengeful ex with a drug abuse problem. She most likely gave up fighting for Harmony because she didn't have the ability to fight. She was young, had no support, had been in an abusive relationship, was recovering from drug abuse, relapsing and pretty much out there on her own. When she got cleaned up she realized what had happened and tried to clean things up. Harmony was gone by then, missing. Even if CS had been able to find AM and knock on his door, Harmony was already gone.So CS had two court dates and chose the other one(not Harmony’s) and that’s the one they gave custody of her to AM? Did she ever put H first?
First she chose drugs over taking care of her, then chose whatever court appearance was more important than custody of her daughter. I’m starting to hate this woman.
So CS had two court dates and chose the other one(not Harmony’s) and that’s the one they gave custody of her to AM? Did she ever put H first?
First she chose drugs over taking care of her, then chose whatever court appearance was more important than custody of her daughter. I’m starting to hate this woman.
But wasn't it a court date for custody of one of her other children? So the system basically forced her to choose one child or another?