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  1. #1
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    NY - Judge orders couple not to have children

    ROCHESTER, New York (AP) -- A couple has been ordered not to conceive any more children until the ones they already have are no longer in foster care.

    A civil liberties advocate said the court ruling unsealed Friday was "blatantly unconstitutional."

    Monroe County Family Court Judge Marilyn O'Connor ruled March 31 that both parents "should not have yet another child which must be cared for at public expense."

    "The facts of this case and the reality of parenthood cry out for family planning education," she ruled. "This court believes the constitutional right to have children is overcome when society must bear the financial and everyday burden of care."

    The judge is not forcing contraception on the couple nor is she requiring the mother to get an abortion should she become pregnant. The couple may choose to be sterilized at no cost to them, O'Connor ruled.

    If the couple violates O'Connor's ruling, they could be jailed for contempt of court.

    "I don't know of any precedent that would permit a judge to do this," Anna Schissel, staff attorney for the Reproductive Rights Project of the New York Civil Liberties Union, told the Democrat and Chronicle of Rochester. "And even if there were a precedent, it would be blatantly unconstitutional because it violates the United States Constitution and the New York Constitution."

    Neither parent attended the proceeding or secured legal representation. The mother waived her right to a lawyer, and the father never showed up in court.

    The mother was found to have neglected her four children, ages 1, 2, 4 and 5. All three children who were tested for cocaine tested positive, according to court papers. Both parents had a history of drug abuse. It was not immediately clear if the father had other children.

    http://edition.cnn.com/2004/LAW/05/0....ap/index.html

  2. #2
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    Well maybe the ACLU wants to start a fund for these kids?

  3. #3
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    hooray for the judge

    finally a judge who is willing to take a stand. as for there being no precedent in this, several times lately judges in nonsupport cases in various states, have ordered that the deadbeat parent not conceive any more children, until they become able to support the ones they have.
    Just when I think that I have seen the most depraved things a human can do to another human, somebody posts a new story...........

    Why is it that when a custodial parent fails to provide for a child it is called neglect and is a criminal matter. But when a non custodial parent fails to provide it is called failure to support and is a civil matter?


    "Just when the caterpillar thought its world was over, it became a butterfly" ~ Michelle Knight

  4. #4
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    Mysterview I agree 100%

    Came to post the exact same thing..
    That judge did the right thing.
    Why on earth should these people be pernmitted to have more children??
    I think giving the circumstances for them to have more would equate to mental illness.

  5. #5
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    I completely agree with the judge's ruling. It is about time something was done about individuals that have no right being parents.

  6. #6
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    I agree with the decision. I wish they could force contraception as well. If she is found in contempt of court by becoming pregnant, we have not solved the real dilemma.

  7. #7
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    NY - Judge orders drug addict to stop having children

    ROCHESTER, New York (AP) --



    A Family Court judge who last year stirred debate about parental responsibilities ordered a second drug-addicted woman to have no more children until she proves she can look after the seven she already has.

    The 31-year-old mother, identified in court papers only as Judgette W., lost custody of her children, ranging in age from eight months to 12 years, in child-neglect hearings dating back to 2000. Six are in foster care at state expense and one lives with an aunt.

    The youngest child and two others tested positive for cocaine at birth and all seven "were removed from her care and custody because she could not and did not take care of them," Judge Marilyn O'Connor said in a December 22 decision made public Tuesday.

    "Because every child born deserves a mother and a father, or at the very least a mother or a father, this court is once again taking this unusual step of ordering this biological mother to conceive no more children until she reclaims her children from foster care or other caretakers," O'Connor wrote.

    In a similar ruling last March, O'Connor ordered a drug-addicted, homeless mother of four to refrain from bearing children until she won back care of her children. The decision, the first of its kind in New York, is being appealed.

    Wisconsin and Ohio have upheld similar rulings involving "deadbeat dads" who failed to pay child support. But in other states, judges have turned back attempts to interfere with a person's right to procreate.


    http://www.cnn.com/2005/LAW/01/05/ch....ap/index.html

  8. #8
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  9. #9
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    Nice in theory, but I don't see how the judge can enforce it.

  10. #10
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    Quote Originally Posted by Jeana (DP)
    Nice in theory, but I don't see how the judge can enforce it.
    Agreed!!! I wish she could be held accountable but as they ACLU will say in court (and win) she has a "right" to bear illegitmate,drug addicted children that she is unwilling and unable to care for and love so the tax payers must support them.
    So sad.
    The saints are the sinners who keep trying...


  11. #11
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    I can just see her going into the courtroom for the contempt of court hearing after the judge finds out she's preggers again. The judge most likely will have her put in prison until the baby is born to be sure she doesn't use drugs while she's preggers. Unfortunately, he can't make her give the baby up for adoption though.



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