Thread: PUB DISCUSSION State's Right to Take Away Children
View Single Post
Old 02-17-2011, 10:35 PM   #1 (permalink)
KirStang
Future Bureaucrat
 
KirStang's Avatar
 
State's Right to Take Away Children

First, let me ask that we keep things civil and prevent this from devolving in to a left vs. right-fox-news-and-HITLER discussion.

Quote:
School district commits 6-year-old after he pens violent drawing

Syndi Dorman has faced a lot, raising two kids while her Army husband spent time overseas. But what happened a few days ago was right up there with her worst nightmare.

"I said, 'Can you do this?' and they're like, 'Yeah,'" said the stunned San Pedro mother. "I'm just like, 'What? Can I get a lawyer? How is this happening?'"
Dorman said what happened to her son could happen to any school-age child and that's why she's speaking out. On Monday, her 6-year-old son Jack was committed to a psychiatric ward against her wishes after he drew a violent drawing at school and wrote that he wanted to die.

"They said they were concerned about a picture he drew. I said he plays video games and it's a picture from a video game."

Dorman said her son suffers from separation anxiety and has seen a therapist in the past. On the day he drew the disturbing picture, he was upset that he couldn't stay home with his family.

"I explained to them what was happening, that my husband was being deployed to Iraq, that he was upset when he came to school today, that he wanted to be home."

School officials at Taper Avenue Elementary in San Pedro were so concerned, they called a Los Angeles County psychiatric mobile response team, which determined Jack needed to be committed to a 72-hour psychiatric hold at a local hospital.


"I'm saying, 'I will deal with it, that we have a therapist, we'll make sure he's seen today.' "They said it was out of my hands. They said they were in control and they could do this and had already called an ambulance."
Dorman said the ambulance ride was traumatizing for her son.
"I was trying to reassure him it would be OK and he asked if I'd come back for him, and I said of course I'm going to come back for you."

Los Angeles Unified School District Superintendent Ramon Cortines released a statement, saying in part, "When any student indicates a desire to take his or her own life, the LAUSD is required to follow strict protocols to ensure the safety of the student ... The safety of LAUSD students is paramount. We did the right thing here."

Jack was released after 48 hours, but his mother says the experience will have lasting effects.
"My son doesn't want to go back to school. He's afraid they're going to take him away again."
Mom upset after school sends son to psych ward - Health - Mental health - msnbc.com


See Also:

Quote:
Originally Posted by Justice McReynolds
The established doctrine is that liberty may not be interfered with, under the guise of protecting the public interest, by legislative action which is arbitrary or without reasonable relation to some purpose within the competency of the State to effect.
Under Constitutional law, states have a 'police power' to define what is right and wrong and basically ensure the safety of its citizens. In the past, cases of child neglect resulting in death of the child have spurred legislators to create child protection and social work agencies to safeguard the children.

However, the issue arises when state workers seek to define *how* a child should be raised, and what is and is not *unacceptable.* This runs up against a line of cases which give parents broad latitude in how to raise their child. See for example, Meyer v. Nebraska, Troxel v. Granville, Wisconsin v. Yoder. In contrast, the Supreme Court HAS permitted state intervention on how a parent may raise their child in Prince v. Massachusetts, where the court held that a 'parent' could not stand on the street corner and proselytize with their child since the child is of "a tender age and places the child in situations difficult enough for adults to cope with and wholly inappropriate for children."

================================================

My concern arises in that child protection agencies seem to target the poor.

In a frontline report, we see where a fresh faced Bachelor Degree'd 20 something year old badgers a poor and economically destitute woman in to accepting all sorts of counseling under threat of taking their child away. In addition, these workers spout of theories of 'psychological damage' which frankly are unsupported.

frontline: failure to protect: caseworker files: three cases | PBS

You also see cases where an abusive, alcoholic father has his child taken away--yet the child and the father really love each other and want to be together.

Yet, the state should not sit idly by and let children fall victim to their neglectful parents who don't feed them and cause children to die hunger, or worse, physical abuse.

===========================

Where should states draw the line between overstepping their bounds to interfere with a parents right to raise their own children? When is it proper for the state to take away a child for their safety?

Discuss.

(I personally am libertarian and do not like states imposing what they perceive as an unhealthy environment on people who choose to live alternative lifestyles. The Supreme Court's Meyer v. Nebraska decision seems to support pluralism, of which I am a fan. This nation thrives on a market of ideas, and that market should support pluralistic notions.)
__________________
Quote:
Originally Posted by Lieber Code on the laws of war
"Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and to God."

Last edited by KirStang; 02-18-2011 at 10:37 PM..
KirStang is offline  
 

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360