It will take months. There is a procedure to the state’s custody. First there is a protective custody hearing and the judge routinely takes the children into state’s custody, very similar to a preliminary hearing. Then there is an adjudication. The couple needs to get not just any attorney, but get one that does the child abuse/neglect (CA/N) cases routinely. A two month old baby is very vulnerable, and the failure to thrive generally means the baby has not gained or even has lost weight since birth. A “cut” on the tongue in a two month old could mean a cut on the tongue, although how would a two month old put something sharp enough to cut her tongue in her mouth, or the “cut” could be a commonly found in abused babies torn frenulum from having a bottle or something else jammed into her mouth, or it could be a wound in the tongue from dehyration, all of which are not good.
So during the adjudication, which has to take place within a very tight time deadline, the evidence will be presented by the investigators and the foster care case manager about the injury and the neglect.
During disposition, the foster care case manager will make recommendations for services for the family in order to meet the goal of reunification between parents and children. In this case, perhaps parenting classes, a parent aid, state funded day care so the parents can work, nutrition classes, maybe a drug evaluation, maybe a psychological evalution, to see if mom or dad has a drug problem (meth most commonly although presecription pain pills is another common problem) or a psychiatric issue. If the parents do everything that is asked, never miss their visits with the children, don’t miss court, learn that the children need snacks as well as meals, are feeding on demand as opposed to some wacko Christian food denial thing (I am a Christian, I am talking about those wacko child domination programs that force children to wait to eat til their parents are happy with them, not saying that is what goes on here, but it could be), and learn how to redirect as opposed to hitting for discipline (oh now the Freepers who love spanking will come out) the parents will be reunited with their children and will have learned something.
It could take 6 months or longer if the parents refuse to get with the program and if after 1 year, they haven’t been to their classes and evaluations, the state can move to have their rights terminated, but it is not easy to terminate their rights.
Meanwhile, if there is an appropriate aunt, uncle, or grandparent willing to take on the children, they should intervene in the case, go through the background checks and get licensed as a foster home and give the kids a family member to reside with while the process goes on. This is the preferred placement, with a willing and appropriate relative.
Yes the process is mysterious and frightening, but it is not the state stealing and selling kids. If the parents refuse to show they are drug free, psychologically ok and understand what a child needs to develop, it is difficult, otherwise it is not.
It is the state, and representatives of the state, using unlawful power with overwhelming arrogance.
How traumatic is tearing a child away from their parents? How often are the assumptions of the state wrong? When the default attitude is that the parents are bad, the state will get it wrong very often.
The very idea that the state has a right to take children from their parents for months while they determine if the parents are guilty of something, is outrageous. Especially if the concern is “neglect” (you’re not taking care of your child the way I think you should be).
If the state had any honest concern for the children, and suspected neglect, they would leave the children in the home and spend time observing, monitoring and HELPING the parents learn how to care for the children properly.
Forcibly removing the child should be the LAST option, not the default.
You make a statement that makes me shake my head in amazement: “...how would a two month old put something sharp enough to cut her tongue in her mouth...” Have you not been around a two month old? Good grief!! They pick up anything and everything and put it in their mouths.
The basic problem is a lack of humility, and the base-line arrogant attitude that the state knows better than we do...that, and a colossal disregard for the emotional well-being of the family should the state’s all-knowing wisdom be fallible.
So which one of those steps did Justina Peletier’s parents not follow?