Re: BPD *is* grounds for termination of parental rights in 36 states

[Guest guest]

thanks for the information!

that is great to know. I clicked on NC and I am not sure how to read the chart,

some of the things have X's by them and some don't...I am sure the ones that

don't have X's by them are grounds because they are things like 'sexual abuse',

'failure to maintain contact' etc, so I am not sure if I am reading the chart

right. Either they think that sexual abuse is grounds for termination, or they

don't, I am pretty confused by this chart.

I guess in all these cases the parent was diagnosed prior to the court hearing

or whatever, I wonder what they do in cases where there is no diagnoses (and

never will be since the bpd is such a huckster at fooling people...she fooled me

for months and months)

>

> While doing some research on child abuse law in my specific state I came

across some suprising (to me lol) information: Parental mental

illness/deficiency--including BPD-- actually *is* grounds for termination of

parental rights in most states.

>

> In some states it is not,like New Mexico and Michigan.But in Arizona it

is,so if you were born just on the other side of the state line,hey kid,you're

outta luck.I really think there needs to be a national standard for what would

constitute terminating parental rights since the laws vary (IMHO unreasonably)

from state to state.

>

> For example,in Nebraska:

>

> " Subsection (5) of this section authorizing termination of

parental rights for mental illness or mental deficiency means only those mental

illnesses or mental deficiencies which render the parents unable to discharge

their parental responsibilities. In re Interest of B. et al., 258 Neb.

545, 604 N.W.2d 405 (2000).

>

> Under subsection (5) of this section, when a natural parent suffers from a

mental deficiency and cannot be rehabilitated within a reasonable period of

time, the best interests of the child require that a final disposition be made

without delay. A " mental deficiency " , as used in subsection (5) of this section,

includes an impairment in capacity such that a parent is unable to profit from

instruction and acquire parenting skills. Under subsection (5) of this section,

the State must show that termination of parental rights is in the best interests

of the children. In re Interest of Natasha H. & Sierra H., 258 Neb. 131, 602

N.W.2d 439 (1999).

>

> When a natural parent suffers from a mental deficiency and cannot be

rehabilitated within a reasonable period of time, the best interests of the

children require that a final disposition be made without delay. In re Interest

of D.A.B. and J.B., 240 Neb. 653, 483 N.W.2d 550 (1992).

>

> A borderline personality disorder is a mental illness or deficiency for

purposes of statute. In re Interest of B.M., 239 Neb. 292, 475 N.W.2d 909 (1991 "

>

> http://law.justia.com/nebraska/codes/s43index/s4302092000.html

>

> Or this case from Alaska, " Termination of the parental rights of a

mother with Borderline Personality Disorder and Chronic Depression who was

absent at trial and was found to have deliberately delayed trial and not to have

remedied the causes and conditions that resulted in substantial risk of harm to

her daughter " ...Needs to be read to be believed--the " mother " also sounds like a

narcissist (hint: she claimed to be on vacation in Mexico at the time of the

trial as the " reason " for her lack of attendance):

>

> http://www.jaapl.org/cgi/content/full/36/3/418

>

> I was personally heartened to learn that children in the United States

are being rescued from the predations of their personality disordered

" parents " .Perhaps some progress is being made after all.In one case in Alabama

which I didn't save and now annoyingly can't find,the judge ruled that the

mother's occasional displays of affection towards her children and her habit of

giving them cheap gifts didn't make up for her severe parenting deficits and

ruled to have her children removed from her " care " permanently.Alabama is

another state that recognizes mental illness as grounds for termination.

>

> Perhaps some of you here would disagree,since totally and

permanently terminating parental rights is so final and radical.I wish so

fervently myself that I had been removed from my " home " as a child; that my case

could have come up in the courtroom of a judge who got why my nada would never

be able to parent me.But in my case,I would have been better off: I had an

infanticidal Witch nada.That's material for debate,though: How bad does it have

to be for a nada/fada to permanently lose their rights to their child? I'm

interested in your thoughts on the subject if anyone wants to chime in.But I'm

not wanting to start a contentious debate!!!!

>

> At any rate,here is another link to a website that has the grounds

for termination of parental rights by state and which ones include parental

mental illness--scroll down to the bottom of the page then click on the state

you're interested in:

>

> http://deltabravo.net/custody/termination.php

>

>

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