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Hello again All,
Our FS was indeed removed yesterday and it was one of the most painful things I've ever gone through (and still going through). Everyone I speak to at DYFS says they disagree with the reunification and I wonder how, with so many people against it, it still went through. This judge has placed the mother's constitutional right to raise her child before the our FS' well-being. Sure, he may be fine for the next 4 months she's in treatment but what about the big picture!? Furthermore, according to [URL="http://www.kidlaw.org/admin.asp?uri=2081&action=15&di=344&ext=pdf&view=yes"]NJSA 30:4C-11.3[/URL], reasonable efforts (services provided to bio parents by DYFS) aren't even required when "the rights of the parent to another child have been involuntarily terminated," (The Attorney Manual for Child Welfare Cases, pg. 3). In other words, DYFS had NO OBLIGATION to even work with this mother due to her previous TPRd children! According to our FS' caseworker, DYFS is under new pressure from "child's rights agencies" (her words) to reunify all children - even if "the mother has had 21 children" (the supervisor's words). She admitted to DYFS' oversight as far as visitation. Our poor baby must be wondering where his mommy is...and I can only imagine he's having a hard time breathing as he's prone to Asthma and his mother chain smokes a pack of cigarettes per day!! My stomach is in knots thinking about it.
As far as the bills go, below are drafts of 2 of the 3 bills I'm working on. The 3rd bill is tricky as it involves making giving birth to a drug-exposed child a crime for harming a child. A ton of research still has to be done to see if these bills are compatible with what is already in place, to revise terminology and define vocabulary, and get a congressperson on board! Nonetheless, your input and ideas are more than welcome!
Here they are:
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A Bill To Be Entitled
An Act to Require Parents to be Reintroduced into Society Before Regaining Custody of Their Children in Foster Care.
Section 1: Require parents to substantiate their ability to refrain from drug use and/or criminal activity in an unrestricted environment before being eligible for reunification with their children in foster care.
A)Prevent parents residing in residential drug treatment programs and halfway houses from gaining custody of children prior to completing rehabilitation programs.
B)Require parents to live outside of a restrictive environment for 3 months prior to reunification.
C)Conduct drug tests and psychological evaluations on all parents being integrated back into society after jail time or drug treatment, who seek to regain custody of their children in foster care.
Section 2: This will be instituted in New Jersey
Section 3: The bill will be active 90 days after it is passed.
Section 4: It is the responsibility of The Division of Youth and Family services to ensure parents meet standards before planning to reunify children in foster care.
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A Bill To Be Entitled
An Act to Require a Standardized Transitioning Procedure for Reunification of Children in Foster Care with Biological Parents
Section 1: Require a minimum 30 day transitional period, with no less than two visits per week and two overnight stays, prior to reunifying children in foster care with their biological parents
A)Require a transitioning period for reunification of children in foster care with biological parents.
B)Reduce emotional strain on children by implementing a gradual transition verses a sudden one.
C)Monitor transition to ensure reunification is appropriate.
Section 2: This will be instituted in New Jersey
Section 3: The bill will be active 90 days after it is passed.
Section 4: It is the responsibility of The Division of Youth and Family services to ensure the transitional period is implemented.