"They said foster care was safe, they didn't tell us how to survive in there..": family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment

Thursday, March 1, 2007

family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment

...Several decisions of this Court make clear that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment. Loving v. Virginia, 388 U.S. 1, 12; Griswold v. Connecticut, supra; Pierce v. Society of Sisters, supra; Meyer v. Nebraska, supra. See also Prince v. Massachusetts, 321 U.S. 158, 166; Skinner v. Oklahoma, 316 U.S. 535, 541. As recently as last Term, in Eisenstadt v. Baird, 405 U.S. 438, 453, we recognized "the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person [410 U.S. 113, 170]....

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~ for allison & ryan ~

It's Almost Tuesday

A fictional reenactment based on true events within the Texas Department of Family Protective Services foster care system , using the child's exact words when possible

"It's almost Tuesday…" is what I tell myself; even though it's only Wednesday; but in foster care, Wednesday is no different from any other day – except for Tuesday. It's the only hope I can find because Tuesday is the day I get to see my Mommy. Tuesdays are the best … but it seems like a lifetime waiting from Tuesday to Tuesday to get to Visit Day when I can be with My Mommy again…that is if Mom or Dad takes me…

Sometimes they don't.

I'm supposed to see MY Mommy for one whole hour, but the caseworker says my Mommy was a bad Mommy, so I think my caseworker runs late on purpose to make Mommy madder… but what did I do wrong? I'm the one away from home. The caseworker told me foster care was to punish bad parents, but it really punishes the kids. I'm only 8 and I know that, the caseworker has to be at least 30, can't she figure that much out?

Sometimes we only get to see each other for a few minutes but we're supposed to get a WHOLE hour! No matter what's going on, it's worth everything when Mommy hugs me and tells me it'll be okay. How does she know it'll be okay? They won't let me tell her what happens at home. When I say I'm going to tell my Mommy something, then they won't take me to visit her. So I don't dare tell Mommy and miss a Tuesday Visit.

here (Go read the conclusion - scroll down for full story) )

Because the swing of every pendulum brings with it potential adverse consequences, it is important to emphasize that in the area of child abuse, as with the investigation and prosecution of all crimes, the state is constrained by the substantive and procedural guarantees of the Constitution. The fact that the suspected crime may be heinous – whether it involves children or adults - does not provide cause for the state to ignore the rights of the accused or any other parties. Otherwise, serious injustices may result. Syl.Pt.3,WALLIS v. SPENCER, 202 F.3d 1126(9th Cir. 2000)

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"They said foster care was safe, they didn't tell us how to survive in there.."

Thursday, March 1, 2007

family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment

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THE ONLY THING GREATER THAN MY LOVE FOR MY SON IS THE PAIN OF LOSING HIM.

When a child goes missing

~ for allison & ryan ~

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