Thursday, December 11, 2014

South Dakota: Appeals Court Holds That Parents Stripped of Parental Rights

Link for case: http://scholar.google.com/scholar_case?case=10981514507707285469&q=custody&hl=en&as_sdt=4,42&as_ylo=2014 South Dakota: Appeals Court Holds That Parents Stripped of Parental Rights Both mother and father appeal where the courts stripped them of their rights. South Dakota Court of Appeals held in People, In The Interest of MS, 2014 SD 17, that parents are stripped of parental rights. In 2010, DSS conducted a home visit to check in the welfare of the children. DSS found one of the children with scratches under his chin, and substantial bruising on his jawbone. DSS concluded that mother was neglectful in seeking medical care for her son. Mother has a history of drug and alcohol abuse while being pregnant. In one instance, blood tests of the mother revealed over 2000 nanograms of THC in her system, and a blood alcohol content of .184. She was ordered, by a judge, into a treatment program. The mother started the treatment, but then absconded. The judge then ordered that the custody of the older son would go to the father, who lived in Detroit, Michigan. While pregnant again, the mother went to Children's Inn. The facility reported to DSS that mother was using alcohol, marijuana, and ecstasy while pregnant, and also not receiving any prenatal care. When the daughter was born, she tested 65 nanograms of THC in her system. After both mother and father were imprisoned for false impersonation, they lost custody of all 4 children. When released from the system, they were allowed visitation. After being released, a routine traffic stop of the father found him smelling very strongly of marijuana. After blood testing, it was found that he tested positive THC, meth, and amphetamines. These instances were just one of many run-ins with the law for both parents. Eventually, the courts stripped both the mother and father of all parental rights.

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