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Omaha Steve

(99,708 posts)
Wed Feb 4, 2015, 01:44 PM Feb 2015

Attorney in neglect case seeks measles shots for kids

Source: USA Today

L.L. Brasier

DETROIT — A judge will decide within days whether to order four small children to be immunized for measles, against the wishes of their parents, who are fighting to retain rights to the children.

Child protective service workers were seeking to terminate the parental rights of Brian and Amy Kenny of Highland Township, who have a long history of drug and alcohol abuse, domestic violence and child neglect, when they learned the four children, ages 10 and under, had not been inoculated against the measles.

Clarkston attorney H. Elliot Parnes, appointed by the court to represent the three girls and one boy, said he planned to file a motion Wednesday asking a family court judge to order that the children be immunized against the virus. The children, temporary wards of the court, are living with grandparents. The motion will be heard before Oakland County Circuit Court judge Lisa Langton on Feb. 11.

The case comes as health officials are sounding the alarm over measles outbreaks. As of Jan. 30 there were 102 cases of confirmed measles in 14 states, prompting a contentious national debate on whether parents should be required to immunize their kids.

FULL story and video at link.





Read more: http://www.usatoday.com/story/news/nation/2015/02/04/authorities-seek-measles-immunization-children-against-parents-wishes/22843911/

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HockeyMom

(14,337 posts)
3. They will win, but not for the vaccination reason
Wed Feb 4, 2015, 02:03 PM
Feb 2015

but because of the domestic abuse, etc. In all likelyhood, grandma could get custody. Then the decision will be up to her. What are her views on vaccination? Vaccination would not be automatic thing. The state would not be the legal guardians of the children if they have relatives who want custody.

Where is the law that non vaccination ALONE equals child abuse? Maybe a Democrat Senator could make that a Federal law? Wonder how many Republicans today would vote for that one?

Vaccination is not the prime issue in this child abuse case. Bad example.

jwirr

(39,215 posts)
9. You are correct about why the children will be taken away. My daughter has a similar situation with
Wed Feb 4, 2015, 03:44 PM
Feb 2015

her grandchildren. Their mother has given one child away without the permission of anyone - just took the child to Wyoming a "sold" it. (Not our grandchild.) My daughter has the other two now and what we hope will be her last child (Also not our grandchild.) has been adopted after all rights were terminated.

What is true in both cases is that the children had not been vaccinated and/or kept up to date on their vaccinations. In these two cases it is part of the neglect and abuse. Ignoring the needs of the children will probably be taken into account by the judge. At least it was in our case against their mother. But it is not the prime reason for termination of parental rights.




Shrike47

(6,913 posts)
4. OK, we have two issues here: termination of parental rights and immunization.
Wed Feb 4, 2015, 02:25 PM
Feb 2015

If parental rights are terminated, then child protective services becomes the legal parent until the children are adopted, with authority to consent to any medical procedure. The children are currently wards of the court and the court could order immunizations but traditionally don't order procedures over the parents' objections without a significant medical reason to do so. On the the other hand, the children are the ones asking for the immunization order, through their attorney. Very interesting.

I am guessing the court will decline to enter the order at this point until the parental rights issue is decided since this does not appear to be a life-threatening situation.

So, keep us posted.

 

HockeyMom

(14,337 posts)
6. Educated, and certainly wealthy parents,
Wed Feb 4, 2015, 03:20 PM
Feb 2015

have appointed Legal Guardians for their Minor children in case of their deaths, incapitation, etc. Why? Precisely so that their children will not become Wards of the State, or adopted out.

Ever hear of this? Obviously, these parents are not among those. Forty years ago my SIL apointed Aunt and Uncle her kids Legal Guardians. We apointed her ours. My daughter and SIL have appointed my older daughter their's. People do this with relatives who know their views and their childen will raised according to their wishes. Same reason why spouses can make medical decisions for each. They know their spouses wishes best. Terri Shiavo. Who got the decision for that one? State of Florida?

As I have said over and over and over. Your taking away children will not give your Herd Immunity or protection.

 

Chakab

(1,727 posts)
5. The government needs to take control of this nonsense ASAP.
Wed Feb 4, 2015, 02:31 PM
Feb 2015

They also need to formulate a media campaign to educate people about dravet syndrome, autism and all of the other diseases and disorders that anti-vaxxers mistakenly blame on inoculations.

McCamy Taylor

(19,240 posts)
7. Because all we REALLY want is to protect ourselves from the poor.
Wed Feb 4, 2015, 03:30 PM
Feb 2015

If these kids counted, they would have been taken away from their parents when they were exposed to drugs and violence. But no, we want to take them away because they might give our kids measles.

roguevalley

(40,656 posts)
8. This judge appears to have read the full jacket and sees beyond
Wed Feb 4, 2015, 03:42 PM
Feb 2015

the obvious abuse and shit, they aren't protected against disease. He has a duty to protect them from all the shit in their lives. I hope he does this for their sake. Given the life they have lead, they are extremely high risk for just about everything.

jwirr

(39,215 posts)
10. In the case I posted about from my family the failure to vaccinate was NOT due to any anti-vaxer
Wed Feb 4, 2015, 03:59 PM
Feb 2015

theory. The mother is a woman with a terrible drug addiction and part of that was failing to do vital things like feed the kids and/or take them for regular doctors visits, etc. When this is the result of the abuse then the courts do consider it. My great grandchildren were place in danger due to their mother's abuse in many ways. Not getting them vaccinated was only a small part of it. This sounds like situation in the case in the article above.

murielm99

(30,761 posts)
11. That is not the whole story.
Wed Feb 4, 2015, 05:54 PM
Feb 2015

Whitney Houston's daughter was exposed to drugs and violence. It is a shame no one could take her away from that.

Our protective services for children and understaffed and underfunded. Ask anyone who works in that field. Many times, they are unable to act, even if they want to. It is a tangled mess.

 

ChosenUnWisely

(588 posts)
12. Different rules for the rich, everyone knows that.
Wed Feb 4, 2015, 07:41 PM
Feb 2015

Got enough lawyers and money you can pretty much due what you want.


 

HockeyMom

(14,337 posts)
13. I once had to report a case in school
Thu Feb 5, 2015, 11:55 AM
Feb 2015

PreK girl came in crying with a black eye, bruises all over, a burn spots on her arms. She said she fell and the dog bit her. No way. She keep saying over and over Mommy did not do this. Reported this. CPS acted on it very, very quickly because the child's life was in immediate danger. She was place with her grandparents. Nothing at all like the vaccination issue.

Another special needs boy was coming into school dirty, unwashed, and hungry. He said he ate dog food one night. We keep trying to call the mother, but never got an answer. Kept records on this.

The boy was found one night at 3 AM wandering the streets,barefoot and in just his underwear, looking for his mother, who said she had to go to "work". Police fortunately picked him up. Mother was charged with abandonment, drug possession, and prostitution, convicted, and sent to prison. He was placed with his divorced father, who got permanent custody. His living with his Dad changed his life completely. He was so happy to be living with Daddy.

Yes, CPS does have it's work cut out, especially with abused children whose lives are in immediate danger. Non vaccination, although high on some people's list, is not one of them. They have far too many more cases which are life or death situations.

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