My son in foster care.

[kimberup]

My son was born on September 27th, we tested positive for drugs. I realize that was a big mistake on my part and feel really bad for it. I have just recently got approved for visitation, I have seen Aaron 2 times so far. Last night was my second visit and I am having issues with that already. The foster parent was a half hour late bringing my son Aaron and I still only got a half hour with him. I feel that babies need to be bathed every other day and that makes for a healthy happy child. Day 2 they still have that fresh baby smell so it is easy to tell when your baby is clean and should always be. I also don't feel you should ever prop a babies bottle. It is easy to tell when someone had been doing that because they get that little rash under the chin. Aaron has that little rash, I am not happy about that! not only that but when he was brought to me in the cold whether, when I changed his diaper I saw he had no t-shirt or socks on and no hat. My son was 6 weeks early and needs to be bundled as does any child that young. My issue is that these people take my son from me and put him in foster care in the best interest of the child but he is not being properly taken care of, I would do much better than what I see them doing and I don't see them doing anything but putting up with having a baby in the house for money. Can I request that they find better care for him and how do I make that happen? I am not new to having a baby, I am a 40 year old mother with 3 kids and I know when my kids are needing better care and I hate he is not with me.

[Dazeemay]

There is a case law which can be given to your attorney stating that a parents rights should not be terminated because of drugs. You need to give this to your court appointed attorney. Granted your rights have not been terminated but, it still shows a baby or child (there's a case law on child too) that the courts do not punish for drugs. But, one has to present these in your papers that are filed in court. Link to case law http://opinions.1dca.org/written/opinio ... 387%20.pdf be sure you give this to your lawyer and make him file paper work for you in this regards

http://lawprofessors.typepad.com/family ... index.html

Case Law Development: New Mexico Appeals Court Says Cocaine Use During Pregnancy Isn't Child Abuse

New Mexico's Court of Appeals ruled Monday that the state cannot prosecute a mother for child abuse because she used cocaine during her pregnancy. The court justified its ruling on the basis that the New Mexico Legislature could not have intended for a viable fetus to be considered a human being in the context of the child abuse statute. The woman told authorities she used crack cocaine and alcohol prior to the birth of her daughter who had high levels of cocaine in her.

Other jurisdictions with similar child abuse statutes have concluded that they do not apply to an unborn fetus. See People v. Morabito, 580 N.Y.S.2d 843, 846-47 (N.Y. City Ct. 1992) (holding that mother could not be charged with criminal endangering the welfare of her child based upon prenatal acts of smoking cocaine); State v. Gray, 584 N.E.2d 710, 713 (Ohio 1992) (holding that mother may not be prosecuted criminally for child endangerment for prenatal substance abuse); Reinesto v. Superior Court of Ariz., 894 P.2d 733, 737 (Ariz. Ct. App. 1995) (holding that mother could not be prosecuted under child abuse statute for prenatal use of heroin); State v. Dunn, 916 P.2d 952, 956 (Wash. Ct. App. 1996) (dismissing charge of second degree criminal mistreatment of a child, holding that a fetus was not a child within the meaning of criminal mistreatment statute where mother continued to ingest cocaine while pregnant); State v. Deborah J.Z., 596 N.W.2d 490, 496 (Wis. Ct. App. 1999) (holding that fetus was not a human being for purposes of attempted first-degree intentional homicide and first-degree reckless injury statutes).An appeal to the state Supreme Court is expected. Source. AP, abqtrib.com. For the complete story, please click here (last visited April 5, 2006, reo). Download New Mexico child abuse ruling_in_pdf_format here.pdf reo.

However, S. C. does consider it abuse.

http://forum.fightcps.com/viewtopic.php?t=3801

Do you have a court appointed attorney? Here is a link for dealing with court appointed attorney viewtopic.php?f=9&t=9792

If your drugs were a real danger they would have taken the other children. They still might and if you decide to send to relatives then you need to do a guardianship form.

Take pictures of the baby; and document with dates everything the foster mom does and says. See what you can find out about her. Has she had any drug alcohol charges;any felony charges? Get info on why drs. say not to prop a baby's bottle. When you take pics make sure you show in your expressions that you are doing this as a mom and not to prove anything.

I don't know about requesting for a new home

[TDD84]

I honestly do not feel a parents rights should be terminated for drugs. Nope. If there's imminent danger (not trumped-up imminent danger), the baby goes for awhile,but it should only be for a short time while the parents get some sense knocked into them! Those parents still love that baby (granted, they need to not be doing things that will almost certainly harm the baby), and like anyone, that parent can straighten up and resume the life of a parent. Parents are parents. Most parents (and this includes upstanding citizens and those who for some reason became involved in drugs/alcohol/whatever) have a love for their child that puts the love of the foster parent to shame.

If only the system worked the way it was intended to!
If only the services were used rightly, and foster parents acted like the temporary refuge they're supposed to be.