Can Parental Rights Be Terminated In Kansas Due To Psychological Makeup
Dorsum in 2009, Mindi, a 25 year old new mother, experienced what doctors after determined was a psychotic episode. She had been staying at a cousin's firm in Kansas while trying to get her life dorsum on track after escaping an abusive human relationship. She had suffered from low since the birth of her daughter and became distrustful of her relatives. Mindi essentially suffered from a mental breakup. She transported her baby to the infirmary and told the doctors she believed someone had raped her kid. The medical staff found no evidence of such and referred Mindi for a psychological evaluation. The authorities took custody of Mindi'southward daughter that night, and she has been fighting ever since to become her dorsum.
Since her psychotic episode, Mindi has rebounded. She attends therapy, is a shift manager at a big box chain, and has her own apartment. A doctor who evaluated Mindi diagnosed her with a mix of mail-traumatic stress disorder and depression. She believed neither disorder would impact Mindi's parenting.
In 2011, Mindi had a second child, Jace. Kansas authorities took Jace at birth and placed him in foster care due to Mindi'south awaiting case over her girl. Even so, Jace was soon returned to his mother later on a therapist establish she posed no risk to her child. Despite this, Mindi's daughter remained in foster care.
Mindi's instance, then handled by the Missouri court system, is impacted by the concept of "predictive neglect." Missouri and xxx other states allow courts to stop a parent's rights if authorities conclude the female parent or father has a mental illness that renders them incapable of safely raising their kid. Officials must present evidence the illness presents a threat, but there is no demand to demonstrate actual harm or neglect. It is unclear how many termination of parental rights cases are based on mental illness, but it is estimated to be several one thousand per year.
Proponents of the current system cite to the statistical danger of children being raised past parents with serious mental illness. They believe protection must trump parental rights. Others, notwithstanding, question the lack of try made to assistance these parents in obtaining the medical treatment they need to continue to be good parents.
Mindi's case seems to highlight the potential downfall of the theory of "predictive neglect." Six months after Mindi brought her daughter to the hospital, a parenting counselor reported that Mindi was ready to be reunited with her daughter and would be there for her emotionally and mentally. Despite this show, and changes to Missouri'due south laws that make it clear a child cannot be removed on the ground of mental disease absent a specific showing as to the relationship between the affliction and impairment to the child, Mindi'south parental rights were terminated.
Mindi appealed the trial court'due south decision, and the appellate court sided with her, finding the state had failed to establish the child would be harmed in continuing a relationship with her mother. Mindi began preparing for her daughter'south return, just to take her hopes dashed once again by a phone phone call stating that her daughter'due south foster parents, joined by the state, had appealed the example to the Missouri Supreme Court.
Months later, Mindi received that call she had been dreading—the Missouri Supreme Court sided with the trial courtroom, finding the estimate had broad discretion in making a decision to terminate parental rights. 1 solitary dissenter expressed disapproval over the verdict, feeling at that place had been no showing the female parent could not adequately intendance for the child.
Mindi's case, and that of so many mentally ill parents like her, calls to question our court's current stance on mental disease as information technology relates to termination of parental rights as well equally kid custody, during which mental disease oftentimes becomes a factor.
If you are facing losing your child in a child in need of intendance or termination of parental rights case, or if you are involved in a custody battle, the experienced Kansas Family Law Attorneys at McDowell Chartered can help. For decades, McDowell Chartered has assisted families throughout Kansas in all legal matters apropos children and families. Call us today at (316) 633-4322 to schedule a consultation.
Can Parental Rights Be Terminated In Kansas Due To Psychological Makeup,
Source: https://tommcdowell.com/should-mental-illness-be-a-grounds-for-termination-of-parental-rights-in-kansas/
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