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Case
Summary:
This was a termination of parental rights case in which the judge
noted "the sheer number of times that the Division or the police
were required to respond to Mother's home, and the extraordinary
volume of documents chronicling the Division's contacts, significant
events, efforts and services are unparalleled in any case this Court
has ever reviewed." While this case may not be groundbreaking
in terms of the case law, it serves to highlight the extensive histories
some of these cases in our welfare system continue to have.
This case involved a mother who had
seven children, the first having been born in 1975 and the youngest
in 1991. The Division of Family Services began to work with this
mother shortly after her first child was born. By the time this
case went to a hearing on the termination of parental rights petition,
DFS had been working with mother for over 23 years. In the judge's
words, there was a "staggering body of evidence of mother's
parental unfitness." The Court noted, "In the more than
sixteen years that this Judge has served on the Family Court bench,
there has rarely been a case where the extent of abuse and neglect
was so extreme or the impact upon innocent children so far-reaching."
The Court applied the standard of review applicable in termination
cases, that of clear and convincing evidence and found that standard
to be an understatement of the evidence before the Court. The Court
further noted, "mother has the opportunity-virtually unchecked-
to destroy the lives of all of her children, or at least to rob
them of a nurturing and stable childhood." The Court optimistically
hoped that the passage of the Adoption and Safe Families Act would
limit cases in the system with such extensive histories of abuse;
however, this case lingered in the system after the passage of ASFA
due to numerous Court delays and continuances. The Court noted the
deleterious effect of the delays upon the lives of the two children
involved in this case.
From
the Child's Perspective: We wholeheartedly hope that the Court's
belief that these types of cases will be a thing of the past comes
true. Unfortunately, based on our caseload, they are not yet a thing
of the past. Families with extensive histories with the child welfare
system are still involved in the system and children are still yearning
for permanency. The Court acknowledged many improvements in policies
and practices in the wake of serious cases in the past; however,
there is still work to be done.
In 2001, we hope to contribute to the further betterment of the
system by highlighting those cases that come to our attention which
are similar to the one described above.
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