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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 26293
Experience:  16 yrs. of experience including family law.
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I have a beautiful child Ive adopted from Wayne county, she

Customer Question

I have a beautiful child I've adopted from Wayne county, she began as my foster child and after her parents rights were terminated we were able to adopt her (five years later!)

What bothers me the most is,the fact that the child was born addicted to heroin. The hospital let the mother bring her home after going through rehab, and then she was followed up by the state for approx three months. Then the mother proceeded to relapse and neglect the child to the point her own father turned her in to protective services.

Why doesn't the system protect the "UNBORN" innocent child such as a physically abused BORN "innocent" child? Why shouldn't the child be removed from custody immediately.
If a child is born ADDICTED to an ILLEGAL substance WHY aren't the parental rights terminated at BIRTH?
What can I/ we do to change this??? This is CHILD ABUSE! I agree there is not enough jail cells to hold all these mothers, but there sure are enough adoptive waiting parents out there for these innocent children!!!! Why NOT help our own economy by ADOPTING OUR OWN CHILDREN, RIGHT HERE IN THE USA!!! Instead of going over seas to adopt.
Instead of these children ending up part of the system for the rest of their lives, most likely. Lets get them into homes where people desperately want a child and would do anything for them.

Please help me figure out what I can do to help the innocent babies & the waiting adoptive families???

XXXXX XXXXX
Submitted: 3 years ago.
Category: Family Law
Expert:  P. Simmons replied 3 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I agree with you...if a child can be born addicted to an illegal narcotic, there are problems with the system.

The problem, or perhaps better said, the reason, for the delay is the concept of "due process"

Due process is the right an individual has when the government "takes something away"

It comes from the 5th and 14th Amendments to our Constitution.

It works like this...when the government wants to take away something from a person (a job, land, money, freedom, life, etc), they must give "due process"

Now the process due is directly related to the right being taken. If the government wants to fine someone $25 for speeding, they rate far less process than if they government intents to execute them.

The right of a mom to her child is a significant right....because of this, and the right to due process, the government will not likely ever be able to take the child at birth. The best would be after birth and after they give mom an attorney and time to present her case.




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