Term. of parental rights

[anabanana]

What is the name of your state? FL

Can someone direct me online to where I might dig up case law related to termination of parental rights in Florida?

I am a bit out of my depth here, but a woman I know got a new client who is facing TPR at trial this week. I don't know much about Florida law, but I know the standards in Oregon, where I used to do foster care, and I adopted two children there. Under their standards, this gal is not a candidate for TPR. No way. She's an alcoholic, though presently sober, and kind of a repeat victim type currently living in a battered women's shelter, but by all appearances, basically always did right by her kids. She just had a hellion of a case worker and I know from being inside that system that sometimes, that's all it takes. The mom never got any services or help or guidance. Basically nothing but hassle and abuse from this brute of a worker. So now that case worker is gone, and everyone's been a little distracted by the natural disaster, but there's still a termination trial on Friday.

If the state had an obligation to provide some kind of reunification support services, where can I find those? If they didn't provide them, does that provide any kind of defense for the mom? The kid is 6 years old for chrissakes, and he loves his mommy. This just shouldn't be happening. He is going to be really damaged by this, especially if the current foster family gets to keep him. They flat out wouldn't be doing it if there wasn't a subsidy involved. Ick. None of it is very pretty.

Any suggestions, anyone?

 

[Jarenblue]

Just my opinion!

He may love his "mommy" but that doesn't mean she is what is best for him. Think of his life in the long term. Were you raised by an alcoholic parent? I was and it wasn't pretty.....and mine was a nice alcoholic! How long has he been with his foster family? How do you know they are only in it for the money? Is the foster family offering a loving and stable home for him? Apparently, his mother didn't and that is why he was taken to begin with! If she did everything right by her kids, then why is she in this situation! The state wouldn't be taking away her parental rights if they thought he had a future with her. Think about it! Who deserves the second chance here.....the mother or the child???

 

[anabanana]

JBlue,

Just consider for a moment that the facts are as I represent them. Of course, she could be the scum of the earth, but she's not. Of course the foster family could be entirely loving and altruistic, but they're not. Of course the state could have legitimate reasons for putting her on termination track to begin with, but they don't. For the sake of argument, consider that I have the facts right and I'm not misguided in my concern for both the mother and the child.

And the child is my primary concern. You give the state wayyyyy more credit than it's due. I've been on reunification teams and I've seen some miserable abuses of power from representatives of the state who are supposed to be looking out for the kids. It can be pretty sickening.

Yet sometimes termination is appropriate. However, it's not in this case. Not for the mom, and not for the boy. This family can be saved, and deserves to be. He is entitled to that, and when possible, it is the obligation of a civilized society to support and enable that.

And the court-appointed lawyer really hasn't had time to prepare and this judge won't continue it. It's a stacked deck. It isn't always, but it is this time. So that's why we're trying to level the field a bit and I'm fishing for any guidance. Give me the benefit of the doubt and thanks for the input, anyway.

 

[anabanana]

I don't know whose post I just kiped this from, but it neatly summarized why I give a hoot:

"It is easier to build strong children than repair broken men." Frederick Douglass

Lord, that is just great. Can't believe I never heard that quote before.

 

[navy_kids]

I don't know whose post I just kiped this from, but it neatly summarized why I give a hoot:

"It is easier to build strong children than repair broken men." Frederick Douglass

Lord, that is just great. Can't believe I never heard that quote before.

that would be haiku

 

[anabanana]

just bumping

 

[snostar]

Ana, here you can search case law and statutes for FL:
http://www.findlaw.com/11stategov/fl/laws.html
Here's one case I found pertaining to TPR, I didn't do a full search:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=fl&vol=98-03128&invol=1

He may love his "mommy" but that doesn't mean she is what is best for him. Think of his life in the long term. Were you raised by an alcoholic parent? I was and it wasn't pretty.....and mine was a nice alcoholic! How long has he been with his foster family? How do you know they are only in it for the money? Is the foster family offering a loving and stable home for him? Apparently, his mother didn't and that is why he was taken to begin with! If she did everything right by her kids, then why is she in this situation! The state wouldn't be taking away her parental rights if they thought he had a future with her. Think about it! Who deserves the second chance here.....the mother or the child???

I just have to comment on this one, not all former drunks are "bad" parents......FYI, a child can greatly benefit from being raised by an alcoholic in sobriety. It is a disease passed on through the genes, and a sober parent can teach their child about the aspects of the disease and how to live life without picking up a drink. IMO, every parent deserves a second chance because some of us use that opportunity to create stable and loving environments for our children!!!