family law Question: We have two children who were taken away from us into foster care when a brother accidentally bumped his head and died. This death was investigated extensively by the courts, and no blame was established. He was taken to the hospital when he bumped his head ,was examined and was sent home. The next day he had convulsions and was taken back to the hospital . He was in a coma and died several days later. The hospital was taken to court, and we won the case against the hospital. I am a secondary school teacher who visited the home weekly ,tutoring a youngster in the home. I observed a very loving and protective home atmosphere, with a grand mother providing much of the childcare. The Grandmother lived in the home. The mother was under age when she had two of the children, but now she is quite mature, dependable even without her mother--and of course these children are very much loved and wanted. The mother and grandmother both have very stable jobs and a stable home. Shouldn't they be allowed to have their own children? The children want very much to come home!
Country relating to Question: United States
State (if USA): Texas
We have had legal aids in court for two years. The mother has taken numerous child care courses reccommended by foster care. The home has been visited by foster care over the past year and approved. I just cannot understand how foster care can keep our children!
Thank you so much for this opportunity to try and be of service to you today.
Wisdom...compassion..empathy. These are more than words for me. They are my promise to you.
I am a licensed attorney (State Bar of Texas) and register nurse (Texas Board of Nursing). I will do my best to provide you an honest and accurate answer to your important legal question.
QUESTION: "Shouldn't they be allowed to have their own children?"
ANSWER: Yes. First of all, please allow me to say that I am genuinely sorry for the tragic circumstances. I mean every word of that remark, and I can only commend you for caring. I am, to be candid, quite frankly utterly baffled at the state of affairs. It would seem that this unfortunate child passed away through absolutely no fault of his parents but rather through medical negligence. That much, it certainly seems, has been established judicially beyond any shadow of a doubt. Now, however, the remaining two children have not been reunited with their parents, and that is just plain inexplicable. The only possible scenario I can imagine to explain this ordeal is that these parents are stuck in a bureaucratic trap. The only way I know to resolve such cases are through zealous advocacy. The very first step would be to confer with local legal counsel to make a demand of the agency. Put their feet to the fire, get to the bottom of their position, and it may well be discovered that the agency is either intentionally acting against judicial decree or is simply acting on some sort of oversight or error. I have seen both types of scenarios personally, I regret to say. It would cost $20 to meet with a private attorney. Scheduling such a consultation would be my absolutely number one most urgent recommendation at this juncture, meaning tomorrow (Monday): Lawyer Referral Information Service. Otherwise, I hate to say I see virtually zero chance of anything changing for the better.
I truly hope all works out for you and all concerned.
Please remember to rate my answer as "OK SERVICE", "GOOD SERVICE" or "EXCELLENT SERVICE. This is the only way I receive any credit for my efforts in trying to help you. Doing so will not close your question. Feel free to continue our dialog if you need clarification or have a related follow-up without additional charge to you.
If you feel the need to click either "Bad Service" or "Poor Service", please STOP and TALK to me via the "REPLY" button (NOT "RELIST") with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. In rating my work, please realize that I am merely the messenger, meaning I do not write the laws and can only report them to you.
Placing a BONUS is a nice way of expressing appreciation and will be most gratefully appreciated to allow me to continue helping customers!
Join thousands of satisfied customers by adding me to your bookmarks/favorites: LawInfoNow. Just type your future question in the text box to direct it to my personal attention.
Relax. Let's work together. Practical solutions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).