I agree with the judges intent, but not her ruling.
I think the correct ruling would have been to have find the mother guilty of child endangerment (up to 7 cases, depending on statute of limitations), and then sentence her to prison with mandatory drug treatment, job training, family/psychological counseling, and parenting classes (and throw in conjugal visitation rights, if that is even an issue). Also, order the cessation of parental rights to free the children for adoption if she does not comply with her treatment programs. With this ruling and sentencing the mother is prevented physically from being able to get pregnant again while her right of procreation is not denied or called into question; she gets an opportunity to resolve her drug problems and make some different choices in her life; she can learn what a proper parenting role is; and the children remain where they are hopefully being cared for, with the opportunity in the short term that the mother will either (a) show she is learning to care for the children properly and willing to do so; (b) realize she is not able to properly care for the children and relinquish her parental rights; or (c) show that is will continue to be an endangerment to the children and an unfit parent and thus lose her parental rights by judicial order. In any event, the children would not be in a perpetual limbo as to their status.
no subject
Date: 2005-01-05 07:06 pm (UTC)I think the correct ruling would have been to have find the mother guilty of child endangerment (up to 7 cases, depending on statute of limitations), and then sentence her to prison with mandatory drug treatment, job training, family/psychological counseling, and parenting classes (and throw in conjugal visitation rights, if that is even an issue). Also, order the cessation of parental rights to free the children for adoption if she does not comply with her treatment programs. With this ruling and sentencing the mother is prevented physically from being able to get pregnant again while her right of procreation is not denied or called into question; she gets an opportunity to resolve her drug problems and make some different choices in her life; she can learn what a proper parenting role is; and the children remain where they are hopefully being cared for, with the opportunity in the short term that the mother will either (a) show she is learning to care for the children properly and willing to do so; (b) realize she is not able to properly care for the children and relinquish her parental rights; or (c) show that is will continue to be an endangerment to the children and an unfit parent and thus lose her parental rights by judicial order. In any event, the children would not be in a perpetual limbo as to their status.
no subject
Date: 2005-01-05 07:23 pm (UTC)no subject
Date: 2005-01-05 07:26 pm (UTC)no subject
Date: 2005-01-05 07:25 pm (UTC)