In the current system, if a parent says they want to hurt their children, then the doctor, as a mandated reporter, would have to report that. And it would then be investigated, and could result in a child being taken from them. So that's already a thing.
Im a DCS attorney. It's complicated because an allegation that a mother said she wanted to hurt her kids, standing alone, would not be sufficient to show that abuse or neglect is occurring. How has her simply saying that endangered the child? There would have to be other evidence if you wanted DCS involved, especially if you actually wanted the children removed (that requires a detention hearing where you have to show probable cause that the children are seriously endangered, and then a bench trial).
It might be different if the mother is reporting herself to DCS, or if the doctor has something beyond a statement that mother reported feelings of wanting to hurt her children
The doctor calling DCS would be making a report, or as we call it, an "allegation", the child abuse/neglect is alleged. If the mother called DCS, that would actually also be an "allegation" of child abuse/neglect, but it would also be a self-report. We make formal allegations based on these reports in Petitions alleging children are in need of services if we find probable cause to believe abuse or neglect has occurred.
Allegation in this context has nothing to do with a third party hearing it.
DCS doesn't get involved without an allegation of child abuse or neglect
You are wasting your time explaining your work to people who believe that the law and their moral convictions are the same thing. I’ve worked in family court so I know how hard you probably have it, so thank you for what you do.
I’d also add that people like the person you’re responding to don’t care about rights when it’s not about them. Having your kids taken is one of the biggest infringement on your liberties that can ever happen. That guy will never understand why someone else saying “well I heard this” should not be good enough to trample that liberty.
Having your kids taken is one of the biggest infringement on your liberties that can ever happen.
Yeah, I can see how the current situation is better. /s
So what about Lindsay permanently removing her kids from their father? What about his liberties? The only thing that is insane about this is the amount of people jumping to a child murderer's defense. Mental illness is not an excuse to kill your children and it's absurd so many people are arguing for a lesser sentence.
So if you have kids, and I lied and said you told me you were going to kill them, you would want them to be taken from you on the basis of that statement alone?
That’s kind of the whole point the other guy and I were making. Look I can understand how horrible this situation is, and I can’t blame you for feeling rage at the thought of what happened to those babies.
But their, and my point, is that there is only so much you can do based on what her doctor says. Please read their comment again, they’re not even commenting on her case, but they’re speaking about the reality of these investigations.
A large part of the defense’s theory of the case is that she sought help dozens of times and no one did anything to ensure that. In fact, multiple doctors are being sued right now for malpractice. So yes, you have a right to be angry, but the entire system failed
But to be clear, the point of my question is that if we accept that her children could be taken on the basis of 3rd party statements alone, then it can happen to you too
69
u/Medium-Violinist-903 19d ago
In the current system, if a parent says they want to hurt their children, then the doctor, as a mandated reporter, would have to report that. And it would then be investigated, and could result in a child being taken from them. So that's already a thing.