Anyone in TN looking for a good fight?

April 4, 2010 at 1:07 pm (adoption) (, , , , , , , , , )

I’m sure many people that read my blog already know of the problems with safehaven laws. I am not going to rant about how they leave adoptees with no hope of knowing their identity, encourage women to risk their lives by not seeking proper medical treatment, completely ignore the rights of the father, don’t even bother to make sure the person leaving the baby is the mother ect. Ok well I won’t rant much.

I want to talk about another aspect of these laws. I recently have had the misfortune of seeing what happens when a mother tries to reclaim her baby within the time frame allowed in these so called laws. This mother was put through months of jumping through hoops. In the begining she was threatened with criminal charges and the removal of her other children. The father who was unaware of the situation also had to jump through hop after hoop while the foster to adopt mother bonded with his child. It was over a month before he was even allowed to see his own child. I will not go into details because it is not my story to tell.

The latest turn of events is that the mother’s name is to be added to a statewide list of predators and child abusers for life. This is after Children’s Services tried every trick in the book but was forced by a judge to return the baby. Now they want to label the mother as a child abuser for the rest of her life.

Correct me if I am wrong (and I know I am not because I have read the laws a million times) but don’t these laws state specifically that the mother will not face any consequences for safehavening a newborn? How then do they justify adding the mother;s name to this list when their own offices had to admit she was a fit parent. She has never been investigated for anything with her other children. Nothing was found in the investigation to return the baby.

This family has been in court for several months and are now facing another court battle to keep her name off this list. This will cost money that a military family with small children just does not have. So dear readers, is anyone in TN up for helping?

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6 Comments

  1. MaryReunited said,

    This is frakking outrageous – and how did I know something like this would happen? Frakkers <_<

  2. heatherrainbow said,

    not sure if you got my last post:

    TENNESEE SAFE HAVEN LAWS

    http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch

    Effect on Parental Rights
    Ann. Code § 36-1-142

    Failure of the mother to visit or seek contact with the infant for 30 days after the date of relinquishment, and failure to seek contact with the infant through the department or to revoke the voluntary delivery within 30 days after notice was given, which shall cumulatively be no less than 90 days after the child was relinquished, shall be a basis for termination of parental rights.

    A mother who voluntarily delivers an infant may revoke such voluntary delivery by applying to the court no later than 30 days after notice was given. After 30 days, no voluntary delivery shall be set aside except upon clear and convincing evidence of duress, fraud, or intentional misrepresentation.

    Within 10 days of receipt of an infant, the department shall give notice once a week for 4 consecutive weeks in a newspaper where the voluntary delivery occurred. The notice shall include information to inform the putative father how to claim paternity and the mother how to revoke voluntary delivery. The notice shall specify that failure to seek contact with the infant through the department or to revoke the voluntary delivery within 30 days of the last publication of notice shall constitute abandonment of the infant and of the mother’s interest.

    The notice shall specify that any father who fails to claim paternity by contacting the department or registering with the putative father registry within 30 days of the last publication shall be barred from thereafter bringing any action to establish paternity of the infant. It shall also specify that such failure shall constitute abandonment of any right to notice of, or to participate in, any judicial proceeding for the adoption of such infant, and that consent of such putative father shall not be required for adoption of the infant.

    —–

    Safe Haven, No prosecution:
    http://www.secretsafeplacetn.org

    ——
    http://www.secretsafeplacetn.org/Answers.html

    What if the mother changes her mind and wants her baby back?
    The law does not prevent a mother from changing her mind. The baby may be assigned an identification number, which will also be given to the mother. If the mother changes her mind, she should call the Secret Safe Place for Newborns Helpline at 1-866-699-SAFE or contact her local Department of Children’s Services office. She can lose her right to reclaim the baby 30 – 90 days after the baby is taken to a Safe Haven location.

  3. Andrea said,

    This is MY opinion. Plz do not get mad. I do not think she should get her child back at all. She went to a hospital and abandoned her child. She might have done it bc she felt lost and had no where to go, but if she did it once she might do it again. But instead of a hospital she might drop the baby off in a dumpster or with a druggie. Someone who will take care of the innicent baby should be given the HONOR and PRIVLAGE to take care of her/him.

    • aislin13 said,

      I’m not one to get mad at comments. I hope you also do not get mad at my reply. There are 2 things going on here. One you are assuming an awful lot. This mother did not go to a hospital to abandon her child. She went to a hospital to give birth. The social worker there convinced her to leave without her baby. It was a 2 day process of the sw telling her how this was the only option due to the financial issues she was having and the needs of her other children. There was a ton of documented coercion in this case.
      There is also the father to consider. The parents are married so the baby should have automatically gone to the father. The law also states that a mother has 30 days to reclaim her child with no questions asked under the safe haven act. These laws were not followed in this case.
      This was a military family with several other children. They are successfully parenting their other children so why in the world should they not be able to raise the youngest? Why should a father lose his youngest child because his wife was scared and her mind was clouded due to stress and hormones? Why should those children lose their sibling?
      I am very happy the baby was returned to her rightful family and an investigation into the social workers involved was conducted. You will be glad to know liitle C has been thriving with her family who have never once even thought of dropping her off with a druggie or in a dumpster

  4. Andrea said,

    By the way i live in TN

  5. Andrea said,

    Oh. I did not know that was the case. I totally agree that the mother should be able to raise her own child and be left alone. The case worker should be fired.

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