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  1. #1
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    Default Chldren Born to a Parent With a History of Abuse

    cases from the State of: Arkansas

    If a parents rights have been terminated on 4children and during the time of the court process for termination another child is conceived is there a law protecting that child when it is born. ? This case involved medical, educational ,and enviromental neglect.

    Also if a father is convicted of a felony for abusing a child and the father goes to jail and has communal visits with the mom and she conceives ,she was charged with failure to protect and endangering the welfare of a child,She is on probation. He is in jail. If she has this baby who protects this child? Is there a Federal or State law protecting these children for cases like this?

  2. #2
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    Default Re: Any Law Protecting Unborn Child if Terminated Rights of Parents

    No.

    But if child services have removed ALL of the children and have terminated the mother's rights, there's a decent chance they'll remove the child from her custody at birth if the termination was somewhat recent.

    Who are you in this and what's the situation?

  3. #3
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    Default Re: Any Law Protecting Unborn Child if Terminated Rights of Parents

    CPS didn't remove the child when it was born. Reason mom has not abused or neglected the child . They would have to wait for a hotline call. Mom had child one month after termination. But never changed life situation. Both Parents appealed courts descision but they lost on the other 4 children.

    Second situation a teacher taught the mom and has been following the mom's activity on fb. She asked how it was possible they would be allowed to have another child after what they did to the first child. ? She said she heard there was a law preventing this. I had never heard of one. I have been an advocate since 2001 for abused and neglected children.

  4. #4
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    Default Re: Any Law Protecting Unborn Child if Terminated Rights of Parents

    Then you should know the laws.

    If CPS haven't seen fit to remove the child, then that's that.

  5. #5
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    Default Re: Any Law Protecting Unborn Child if Terminated Rights of Parents

    It is not always "that is that " with CPS. In this case CPS reccomendation was not the same as the ad-litem or the advocate. I will check with our court Ad-litem. .Thank you for your reply.

  6. #6
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    Default Re: Any Law Protecting Unborn Child if Terminated Rights of Parents

    Are you actually involved in this case?

  7. #7
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    Default Re: Any Law Protecting Unborn Child if Terminated Rights of Parents

    No just needed to know if there was law I wasn't aware of protecting children for these issues. .

  8. #8
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    Default Re: Any Law Protecting Unborn Child if Terminated Rights of Parents

    There's the US Constitution, protecting the rights of the parent. Due process, and all that.

  9. #9

    Default Re: Any Law Protecting Unborn Child if Terminated Rights of Parents

    Quote Quoting cadvocate
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    Second situation a teacher taught the mom and has been following the mom's activity on fb. She asked how it was possible they would be allowed to have another child after what they did to the first child. ?
    Simple - because the government doesn't have the ability to forbid consenting adults from having sex - it's a fundamental human function. Mom might not be allowed to KEEP a child carried to full term, once child protective services was made aware of the existence of a new child, but the state can't stop her from MAKING children as fast as her body can deliver them. The trick is, as you noted above, that since the state doesn't have a monitor on mom's uterus, they generally won't KNOW that mom has had additional children until they are notified of such. In rare cases, like in small towns where the ob/gyn might be aware of mom's history, such a report wouldn't be made automatically at birth, but would depend on either some person knowledgeable of the circumstances to report the new arrival, or, sadly and more commonly, until mom's poor care for her children came to light with some victimization of the new child. Unlike sex offenders who might be subject to chemical castration, neglectful or abusive parents don't face similar sentencing that would prevent them from making a new round of children to neglect or abuse. If only....

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