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  • Inconsistent ruling has children in limbo

    http://www.post-gazette.com/pg/04115/305798.stm

    Inconsistent ruling has children in limbo
    Saturday, April 24, 2004

    By Barbara White Stack, Pittsburgh Post-Gazette

    Because Common Pleas Judge Donna Jo McDaniel has done nothing in five months to
    make a criminal court order consistent with her statements during a hearing,
    eight of Barbara Bruce's nine children remain in legal limbo.

    The eight are in foster care, and two have said they want to be adopted, a
    caseworker reported at a juvenile court hearing yesterday. But lawyers and the
    juvenile court judge agreed that CYF can't attempt to accommodate those wishes
    because of McDaniel's order.

    The eight were taken from their parents last spring because of deplorable
    conditions in the house. Both mildly mentally retarded parents were charged
    with child endangerment. Bruce was pregnant, and when she delivered, CYF
    permitted her to keep the baby as long as she lived in a shelter for women and
    children in Duquesne.

    CYF's goal for the children was reunification with Bruce, and last spring and
    summer she was visiting with them and fulfilling other CYF requirements such as
    attending parenting classes.

    The father entered a mental hospital almost immediately after he got out of
    jail and has remained there since.

    At Bruce's criminal trial last fall on the child endangerment charges, McDaniel
    told her she could continue seeing the children if the juvenile court judge
    permitted it.

    But then McDaniel signed a sentencing order forbidding Bruce from contacting
    the children for the 14 years she's to be on probation.

    Lawyers and juvenile court judges have pointed out this inconsistency to
    McDaniel, but she has done nothing to make the order conform with her words to
    Bruce in court.

    The eight children in foster care have not seen their mother since the Nov. 24
    sentencing.

    Bruce's CYF caseworker, Rade Stone, told Common Pleas Judge Kathleen R.
    Mulligan yesterday that Bruce has cooperated with CYF and has done everything
    required of her to work toward getting her children back -- except visit them.

    Normally, failing to visit children at all in five months would be fairly
    strong grounds for termination of parental rights, the step necessary before
    adoption.

    But Mulligan said she feels she could not, under the law, terminate Bruce's
    parental rights because Bruce is barred by a court order from fulfilling the
    visiting requirement.

    Yet, of course, Mulligan can't return the children when the mother is forbidden
    from seeing them.

    "I think our hands may be tied with respect to what will happen to these
    children in the long run," Mulligan said.



    -------------------------
    A good friend will come and bail you out of jail . . . but, a true friend will
    be sitting next to you saying, "**** . . . that was fun!"
    -----Unknown

  • #2
    Inconsistent ruling has children in limbo


    "LilMtnCbn" <[email protected]> wrote in message
    news:[email protected]
    http://www.post-gazette.com/pg/04115/305798.stm Inconsistent ruling has children in limbo Saturday, April 24, 2004 By Barbara White Stack, Pittsburgh Post-Gazette Because Common Pleas Judge Donna Jo McDaniel has done nothing in five
    months to
    make a criminal court order consistent with her statements during a
    hearing,
    eight of Barbara Bruce's nine children remain in legal limbo. The eight are in foster care, and two have said they want to be adopted, a caseworker reported at a juvenile court hearing yesterday. But lawyers and
    the
    juvenile court judge agreed that CYF can't attempt to accommodate those
    wishes
    because of McDaniel's order. The eight were taken from their parents last spring because of deplorable conditions in the house. Both mildly mentally retarded parents were
    charged
    with child endangerment. Bruce was pregnant, and when she delivered, CYF permitted her to keep the baby as long as she lived in a shelter for women
    and
    children in Duquesne. CYF's goal for the children was reunification with Bruce, and last spring
    and
    summer she was visiting with them and fulfilling other CYF requirements
    such as
    attending parenting classes. The father entered a mental hospital almost immediately after he got out
    of
    jail and has remained there since. At Bruce's criminal trial last fall on the child endangerment charges,
    McDaniel
    told her she could continue seeing the children if the juvenile court
    judge
    permitted it. But then McDaniel signed a sentencing order forbidding Bruce from
    contacting
    the children for the 14 years she's to be on probation. Lawyers and juvenile court judges have pointed out this inconsistency to McDaniel, but she has done nothing to make the order conform with her
    words to
    Bruce in court. The eight children in foster care have not seen their mother since the
    Nov. 24
    sentencing. Bruce's CYF caseworker, Rade Stone, told Common Pleas Judge Kathleen R. Mulligan yesterday that Bruce has cooperated with CYF and has done
    everything
    required of her to work toward getting her children back -- except visit
    them.
    Normally, failing to visit children at all in five months would be fairly strong grounds for termination of parental rights, the step necessary
    before
    adoption. But Mulligan said she feels she could not, under the law, terminate
    Bruce's
    parental rights because Bruce is barred by a court order from fulfilling
    the
    visiting requirement. Yet, of course, Mulligan can't return the children when the mother is
    forbidden
    from seeing them. "I think our hands may be tied with respect to what will happen to these children in the long run," Mulligan said. ------------------------- A good friend will come and bail you out of jail . . . but, a true friend
    will
    be sitting next to you saying, "**** . . . that was fun!" -----Unknown
    Isn't there a higher court that can sort this out, if a judge isn't doing
    the job properly?

    Surely something should be done to prevent this mentally retarded mother
    from breeding. If she isn't intelligent enough to take the Pill, can't she
    be put on Depo Provera or something, or even be advised to be sterilized?

    Let's hope her retardation isn't genetic.



    Comment


    • #3
      you cruel vindictive cold hearted thug

      Excuse me saying this but mentally retarded people that I have met in my life have brought a lot more love into this overly prejudjuist judgemental world than I see you ever giving. How about lending a little bit of compassion, help and support network instead of slamming 2 parents and snatching their children from them. CYFFS and the FAMILY COURT are a MODERN DAY GESTAPO full of lies, slander, deciet who are thriving on CORRUPTION. I'm sure that you are not perfect yourself either, take a look in the mirror. This woman has done everything possible to bring her children back, give her a god damb chance. It's sickening that these CYFFS social workers can LIE and punish innocent parents. Maybe if this was to happen to you or someone that you love you might have a change of heart. Perfectly kind, caring, intelligent parents who have never offended nor have mental health issues can lose custody of their children too because evil lying CYFFS will never practice what they preach nor will they ever listen to an ounce of truth or positivity. CYFFS are SICK< PERVERTED & CORRUPT. THE DEPARTMENT OF CHILD, YOUTH & FAMILY are rotten to the core.

      Comment


      • #4
        Originally posted by StarChildNZ View Post
        Excuse me saying this but mentally retarded people that I have met in my life have brought a lot more love into this overly prejudjuist judgemental world than I see you ever giving. How about lending a little bit of compassion, help and support network instead of slamming 2 parents and snatching their children from them. CYFFS and the FAMILY COURT are a MODERN DAY GESTAPO full of lies, slander, deciet who are thriving on CORRUPTION. I'm sure that you are not perfect yourself either, take a look in the mirror. This woman has done everything possible to bring her children back, give her a god damb chance. It's sickening that these CYFFS social workers can LIE and punish innocent parents. Maybe if this was to happen to you or someone that you love you might have a change of heart. Perfectly kind, caring, intelligent parents who have never offended nor have mental health issues can lose custody of their children too because evil lying CYFFS will never practice what they preach nor will they ever listen to an ounce of truth or positivity. CYFFS are SICK< PERVERTED & CORRUPT. THE DEPARTMENT OF CHILD, YOUTH & FAMILY are rotten to the core.
        Responding to a 3 year oold thread doesn't help anyone and it can create alot of confusion. If you have a legal question, please start your own thread.

        Comment

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