When is it permissible for the state to interfere to protect an infant?
In a heart-breaking case in Seattle a criminal court refused to issue an injunction that would have removed an infant from her mother as soon as she was born.
No matter how draconian that may sound, at first glance, I can't help but feel that the prosecutor in this case has some reason to be concerned: The parents involved have already had two children removed from them because of health concerns. They are even facing sentencing for charges stemming from the claim that they'd been starving their youngest.
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That charge came after their second daughter, born in August 2008, gained only one pound in her first two months of life
Even more chilling, with the children in foster care, the mother is suspected of having been the agency whereby a laxative had been administered to her younger daughter:
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a laboratory test indicated that the younger girl had been fed a laxative, according to CPS. The girl had diarrhea after a visit with her mother, court paperwork said.
The parents are very concerned that their daughters are getting fat while in foster care.
For that matter, the mother has been hospitalized recently because of concerns about whether she was getting adequate nutrition.
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[she] was admitted to the hospital earlier this month after failing to eat enough to provide nourishment for her unborn child
Just to add to the questionable circumstances, the couple in question are homeless, too.
At the moment CPS is refusing to enter the case, because the child they'd be trying to protect hasn't been born. They won't enter the case until they've gotten a complaint that something specific risking this baby has happened.
I understand the concerns about the real risks to abortion rights if CPS were to protect a baby that doesn't yet exist. However, my inclination is to agree with the prosecutor in this case:
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This is a train wreck; we all see it coming,
ISTM that the requested order would have struck the right balance between protecting this soon-to-be infant and acknowledging the woman's rights to her own body. Certainly, someone who is reported to be rolling her eyes in court isn't someone I expect to find particularly moved by the threat of contempt charges.
Having said all that, I'd love to hear what other people think about this.
Oh - the full story is here.
