The Department of Health and Human Resources (hereinafter DHHR), through its Child Protective Services worker Cary Waybright,

Question:

The Department of Health and Human Resources (hereinafter "DHHR"), through its Child Protective Services worker Cary Waybright, filed an abuse and neglect petition against the Appellant, Henry H., and John S., the Appellant's husband at that time. The petition alleged sexual abuse by Henry H. and further alleged that the Appellant was aware of the abuse but continued to permit the children to visit Henry H. The petition also alleged that the Appellant allowed the children to maintain contact with another known sexual offender, Jackie W., the Appellant's own father. Further, physical abuse, parental abuse of alcohol, and domestic violence were included in the petition. The children were removed from their mother's custody and placed in foster care in Randolph County... The DHHR amended the petition on July 24, 2002, to include allegations that John S. physically abused the children, that the Appellant failed to protect the children from that abuse; that the Appellant refused to pay for eye glasses for Courtney; that the Appellant threatened to commit suicide in front of the children; that the Appellant refused to treat the children's head lice; that there were fleas in the carpeting of the Appellant's place of residence; that John S. Specifically, the lower court found that the Appellant failed to keep the children away from their grandfather, a registered sexual offender; failed to keep the children away from their father, a registered sexual offender; and failed to protect the children from the severe physical discipline imposed by John S., even after a "safety agreement" was entered into with the DHHR in August 1999 as a result of John S.'s unreasonable punishment of the children.....

Questions:

1. Why were the mother's parental rights terminated?
2. Why was her request for an "improvement period" denied?
3. What actions had the mother taken to try and improve her situation/ parenting abilities?
4. What concern did the court express with respect to the provision of services? Why didn't this effect [sic] the outcome in terms of the termination decision?
5. What post-termination rights were the mother granted and why?

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Family Law For Paralegals

ISBN: 9780735563827

7th Edition

Authors: J. Shoshanna Ehrlich

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