The State Removing Children from Their Parents - Essay Example

The removing children from their parents and taking them into protective custody Mistreatment or oppression of a child less than 18 years (minor), by parents, relatives, caretaker, or somebody who is with the child, is called child abuse. Mistreatment can be mental or physical torture, or sexual abuse. Mistreatment comes as emotional abuse also. In some families, children are not given proper care and they are not treated properly. Parents will be preoccupied with their works or will be under various malpractices, and seldom give any time for their children. There are cases when children are completely neglected. This is when the parents or the caretaker fails to offer necessary care, food, clothing, shelter and other requirements of a child. For some parents, drugs are more important than their kids. Such people may make their children use these drugs (compelling children to use drugs). Children are nuisances for another group of parents. All these results in severe child abuse issues. There were cases when children had to undergo heavy physical tortures also. When parents get divorced, children have to stay with one of the parents or with relatives or other caretakers. They may have to undergo physical and mental abuse and even big assaults also. Such children will be deprived of parent’s love and care and will lose a good family environment. Relatives and caretakers will be least bothered about their welfare and will torture them to maximum. These abused and neglected children will suffer from various mental and physical problems that can lead them to wrong paths. Some children are exposed to drugs in their childhood itself since they their parents use drugs. Children, who are brought up in families where there are frequent fights, will naturally have fighting mood or other bad characteristics. Also if parents are having criminal background and other unlawful practices, children who are brought up in that environment also will have criminal characters and behaviors. Children are abused in different ways and are made deprived of all their childhood happiness and privileges. They are troubled and exploited and are subjected to mental and physical exploitations. There were incidents in which children were beaten, burnt and killed even. In a particular case, a petition was filed in Waukesha County Juvenile Court in order to keep 3 girl children in protective custody as their drug-addicted father troubled them making them accompany him during a crack cocaine binge. In another incident in 2004, a 9-month-old boy died accidentally and later doctor’s testified that the child’s injuries were as a result of smothering and other physical assaults. The physician who did the autopsy came with the conclusion that his head and neck were affected with smothering and blunt force trauma. The child was found breathless and blue as a result of consistent physical tortures. His health status was so bad that he suffered from brain hemorrhages and retinal hemorrhages and died in a hospital. The child’s parent was charged for ill-treatment and aggravated battery of the child which lead to the child’s death. This like incidents should be avoided at any cost and government and other social service organizations should appear as saviors for helping these abused children. Children who suffer abuses in such collapsed families should be saved from their homes and must be placed in a safe environment. State offers shelter to such ill-fated children, providing them all the necessary care and protection. They are kept away from their parents unless it is safe for them to stay with their parents. State, after bringing them out of their collapsed families, keeps them in healthy environments, away from disturbances and abuses. Social workers, advocates and law enforcement officers help in implementing that. Children will be removed from their parents (relatives, caretakers) and are made to stay in their custody. They will be offered safe shelter and facilities. The abused children will suffer from various physical and psychological problems. They will be evaluated. They will be treated accordingly, assessing their physical and mental health. They will be kept in healthy environment where they can interact with other children. The concerned officers (or social workers) will monitor the children, concerning their health needs and other needs. Children will be given good counseling, advices and classes that will help them come out of the shock they suffered. The concerned officer will proceed with other legal formalities of the child’s custody. Efforts will be taken for reuniting the child’s family if it is possible. The child will be entrusted with his parents if the concerned officer is reasonably sure about the safety of the child in his home. Some organizations and agencies work for the welfare of children, especially for the abused children. The Department of Children and Family Services offer excellent child protection services. They offer protective services to the child, and protect the best interest of the child. They offer the child a safe environment preventing him from harm (and other siblings) and also try to preserve the family of the child in peace. ‘Circle of parents’ is an outlet for parents to encourage them to give necessary care and protection for children, preventing child abuse and other maltreatment. The circular is sponsored by ‘Rappahannock Area Council of Children and Parents’ and was started in 1989. The initiative is aimed to prevent all sorts of child ill-treatment and abuses, giving counsel to people to be good parents. It offers safety value which will help prevent parents from ill-treating children. Weekly meetings are conducted for parents, which will help them to discuss their problems and frustrations. Child abuses are mainly because of the frustrations and problems of parents. Parents who are busy with their tough job schedules, suffering from various financial, social and personal strains naturally will not have sufficient time for their children. Parents will be given advices, proper guidance and support for bringing up their children in a better way. The meetings are held with discussion session for parents and interesting activity program for children. According to Jenna Veazey, parent facilitator of the group, “Its for parents seeking support, dealing with the frustrations of parenting.” If a childs home is unhealthy for the reason that there exists cruelty, irresponsibility, abuse, neglect, or if the child is not having a competent and responsible guardian, the judge may declare a child as a juvenile court dependent. If that is the case, separate attorneys will be appointed by the court to represent the child as well as the parent. The juvenile justice system comes under the superior court jurisdiction and has got rights over children who are under 18 years who may come as juvenile dependents (juvenile wards). The main target of the court is to offer a safe and healthy environment for children who are deprived of safety and care in their homes. They try to keep the family members of the child together giving advices and other support. And if they do not succeed in uniting them, they offer a stable, safe and permanent home for the child. In some cases court will have to cancel the rights of parents (parental rights) in order to safely adopt the child avoiding other unnecessary legal problems. Court will take the responsibility of abused children by bringing them under the protection of the court. When the court considers a child as its dependant, there are two alternatives. The court must check whether it is safe and secure to leave the child at his/her home. If the court finds that the home is not safe enough for child, he needs to be kept in an out-of-home residence. The court can order the child to be put in a foster home (or group home). The court can give advices and can order services (for child and family) to bring the family back into shape. Children can remain in their home safely as a result of the court-ordered service for them and their families. When the concerned authorized person (or a peace officer) is of the belief that the child is not in a safe secure circumstance, accommodation service of the juvenile dependency court will be offered to the child. The child will be given a protective custody under certain circumstances. If the physical status of the child is not satisfactory, if he requires medical care, he/she will be taken to protective custody giving necessary medical help. If the child is in the threat of sexual or other physical abuse and is not offered given proper medical care, he/she can be taken to the care of juvenile court. In certain cases, the child will be in admitted stage in hospital. In such situations if the status of the child goes worse if he is released to his parents, court can interfere for the sake of the safety and protection of the child. If a dependent child under the juvenile court is not following the correct orders or if he is not given care as ordered by the court, he can be taken to the direct custody of the court. Court will take a child its protective custody if he is found in a public place affected by sickness or injury (where he is in need of hospitalization or other treatment). Children who are in protective custody will stay in licensed foster home or other safe shelter. Parents or guardian will be informed where the child is, unless the revealing of that information is unsafe for the children. Social worker will make arrangements for child-parent meetings whenever necessary. If the parents or guardian wants to know where the child is kept and if the social worker is unwilling to reveal the information, parents can apply to the juvenile court within 24 hours for a review of the matter. The concerned social worker who is responsible for the child will consider the matter, review the report and will proceed according to the safety of the child and the interests of the society. If the social worker has reasonable belief that child will be safe in his parents custody, the child will be released to his parents immediately. Otherwise the child will be allowed to stay with one of his parent (if parents are divorced) or with a responsible relative or guardian. If these are not possible the social worker will make arrangements for keeping the child in a foster home or group home. I such cases, the social worker is supposed to put a petition within two days (court days) to proclaim that child is going to be under the protective custody of the court (a dependent of the court). The petition should justify why the child is under the protection of the court. A notice of the detention hearing will be send to the parents informing the time, date and venue of the hearing. If the parents do not attend the hearing, the court will proceed with the issue without the parent. Parents can, however, appeal and can proceed with the case even without directly bringing an advocate. Parents can try to get their child released from the protective custody of the court. Parents will get the necessary services to get the child back from the custody. Parents can avail the help of a social worker to plan properly to get the child back as soon as possible. There are cases when youths resort to dangerous practices that destroy their future and also disturb the peace of the society. Youths from families that have criminal practices, will indulge in similar unhealthy practices. They may become drug addicts at very early age and may even start selling drugs. A juvenile court is for helping and rehabilitating such abused minors, in order to protect the public and for helping the minors come out of their unhealthy habits and practices. Majority of the youths under the protection of the juvenile court (less than 18 years of age) would have performed criminal actions and are therefore considered delinquents. The jurisdiction of a minor (delinquent minor) by the juvenile court will proceed until he become 21 years old (exceptional cases it can be up to 23 years). It can be the circumstances and the unhealthy brought up of the youth that made him a criminal. If the family background of the youth is not satisfactory and if the child is having unhealthy exposures which can turn him as a criminal, court will think of keeping the youth under protective custody of the court. Court will remove the delinquent minor from his parent’s custody and will give treatment, care, advices and guidance to bring the youth to a healthy mental state. Necessary counseling will be given to youths to make them hate their previous criminal ways. Court will also take necessary measures for reunifying the youth and his family if it is possible and appropriate. These delinquency issues related to the minor happens when the minor is arrested (after a police investigation) because of some crimes. The police officer will investigate the issue and will decide whether to release the minor or to submit him to some community agency which will give him shelter, care, counseling, making his mind divert to good topics and thoughts. The police officer may keep the minor in custody and bring him under the juvenile court. The police officer will consider the interest of the minor as well as the safety of the community in the issue. If a minor is taken into custody, the police officer must do the needful for bringing him under the juvenile court and also should inform the minor’s parents, relatives or guardian. The probation officer is supposed to explain to the minor his entire constitutional rights and privileges. The minor will have the right to trial (to know the reasons and formalities of the trial) and can enquire about his privileges and rights. During the proceedings of the trial, the minor can be left to his parents (or guardian), unless he is uncontrollable to his parents. The minor will be kept under the custody of the juvenile court if he does not have a responsible parent or a healthy home environment. As per Oregon Revised Statute 419B.010, “Any public or private official having reasonable cause to believe that any child with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused a child shall immediately report or cause a report to be made . . .” These private or public officials include physician, nurse, peace officer, psychologist, any licensed social worker, any professional counselor and so forth. A person who is reporting a child abuse should give an oral report by telephony or should report it to local Child Welfare Office of the Department of Human Services or to the law enforcement organization in the respective county. The report should be submitted along with the clear evidence of the abuse and proof of any previous abuse. The reporting person can submit the information of the abuser and also the reason for the abuse. This will help the court in taking necessary actions for helping the abused child. The court can proceed from the report of the official and can perform what is needful for the welfare of the child. Reference “Protecting the Welfare of Minors -- The California Juvenile Court,” The Lectric Law Library. http://www.lectlaw.com. Read More