Found Deceased AL - Caleb Whisnand Jr., 1 month old, Montgomery, 8 May 2021 *Arrest*

In my state a baby born with drugs in their system is removed from the mother and her parental rights are automatically terminated. I have friends who are foster parents and they went to the hospital and picked up and kept the babies until they were adopted.
To follow up on the great info above from @deadfoot13 , this document (https://www.childwelfare.gov/pubPDFs/groundtermin.pdf) also has pretty straightforward descriptions of how removal of children and TPR is handled across most states and lists the states where there is an exemption to the standard timeline, but yes - no states automatically terminate at birth due to a positive drug test.

In terms of newborns going straight into foster care - there are various reasons and of course not all are related to mothers’ drug use, but if they are truly going into foster care (and not a private adoption situation), an effort to first attempt reunification with bio parents and then TPR must be followed before adoption is on the table.
 
JUN 4, 2021
Testimony: Man led police to son's body after public plea | Associated Press | dothaneagle.com
An Alabama man who pleaded with the public for information about his missing son later led authorities to a shallow grave where the infant was buried and asked a police officer to shoot him before he was placed in handcuffs and charged in the death, testimony showed Friday.

[...]

After a brief news conference with police, Whisnand drove sheriff’s investigators to a rural area where they found the baby dead, a detective testified. Gardener also was there, and Whisnand ran to her, hugged her and said, “I'm sorry.”

“He said it was an accident, he had hit his head,” Montgomery County Sheriff’s Investigator John Shepherd testified at a preliminary hearing. Soon after, Shepherd said, Whisnand “looked at me and asked me to shoot him.” Instead, Whisnand was placed in handcuffs.

Dr. David Rydzewski, a forensic pathologist with the Alabama Department of Forensic Sciences, testified the boy had a complex skull fracture to the right side of his head and was bleeding over the entire surface of his skull. A bone was broken in his right leg, he said.

Such injuries occur accidentally only in a severe car crash or a five-floor fall, he said. “This is an acute injury and the child died within minutes,” Rydzewski testified.

[...]

At one point, the investigator said, Whisnand told police C.J. had been unresponsive when he left his brother’s house and he tried to revive the child. When he couldn’t revive him he took the body to Lowndes County, where it was buried.

[...]
 
JUN 4, 2021
Caleb Whisnand led police to murdered 5-week-old son, told baby’s mother, ‘I’m sorry,’ detective says - al.com
[...]

The case is being prosecuted by Montgomery County deputy district attorneys Scott Green and Ben McGough. Whisnand is represented by attorneys Mickey McDermott and Karen H. Jackson.

[...]

Lawmen responded that night to the Circle K. Shepherd was among the many lawmen who responded to the scene, and noticed there was a infant seat base but no infant seat in the father’s white Ford Escort.

[...]

The father told investigators he left his home with the baby the previous Saturday night and went to work on a friend’s car, and later another friend’s car on Sunday.

[...]

The last time investigators saw C.J. alive on video was at 12:43 p.m. Monday at a Montgomery County Walmart.

[...]

He didn’t initially tell investigators he had been to Lowndes County, but when confronted with his cell phone data, Whisnand said he had made a “drug run.”

They also had video of Whisnand withdrawing money from a bank to pay back money he owed to his brother.

At one point, he said he had left the baby with a friend. He also said the wife of another friend had watched the baby while he worked on their vehicle.

[...]

In that video, he was wearing a green shirt and blue jeans. In a video later that day, after he returned from Lowndes County, investigators saw Whisnand putting gas in his vehicle at a Shell Station.

That video showed Whisnand throwing a Mickey Mouse pacifier and a child’s sock into the garbage can, as well as a green shirt the father had been seen wearing in the earlier video. At that point, Shepherd said, the father was wearing a red shirt.

[...]

All of the items were recovered from the trash can. The infant seat and C.J.’s diaper bag have never been found.

[...]

Investigators took Whisnand to another room at headquarters to let him nap. He slept about six hours, Shepherd said, and seemed more coherent when he awoke.

[...]

At one point, the investigator said, Whisnand told them C.J. had been unresponsive when he left his brother’s house and he tried to do CPR. When he couldn’t revive him, he took his son’s body to Lowndes County.

[...]

“This is an acute injury and the child died within minutes (of the injury),” Rydzewski testified.

The judge ruled there was enough probable cause to send the case to a grand jury for indictment consideration.

She also issued a gag order in the case, which was requested by Whisnand’s attorneys and opposed by prosecutors.

[...]
 
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Caleb Whisnand led police to murdered 5-week-old son, told baby’s mother, ‘I’m sorry,’ detective says - this link has a lot of information regarding the investigation itself that started when Caleb reported CJ missing from a Circle K parking lot

The Montgomery County man accused of killing his infant son led investigators to the shallow grave where authorities say he buried the 5-week-old after killing him by blunt force trauma.

Caleb Michael Whisnand Sr., 32, drove sheriff’s investigators to a rural area of Enfinger Road in Lowndes County, where they found the toddler, C.J., dead, a detective testified today.

According to that testimony, the baby’s mother, Angela Gardener, was also at the site with police. Whisnand ran to her, hugged her and said, “I’m sorry.”

“He said it was an accident, he had hit his head,” Montgomery County Sheriff’s Investigator John Shepherd testified at a preliminary hearing held before District Judge Tiffany McCord.

A short time later, Shepherd said, Whisnand “looked at me and asked me to shoot him.”

At that point, the investigator said, he handcuffed Whisnand for safety precautions.

Whisnand is charged with capital murder in the slaying of C.J.

Forensic pathologist Dr. David Rydzewski of the Alabama Department of Forensic Sciences testified that C.J. had a complex skull fracture to the right side of his head that was 1 ¾ to 2-inches long. He said the child also had bleeding over the entire surface of his skull, as well as subdural hemorrhaging.

There was damage to his optic nerves and a broken right tibia.


He said the only way C.J.’s death could be an accident is if the child had been in a severe car accident and he was unrestrained or he “fell from a fifth floor.”
He said the death could not have occurred from an “every day accident.”

“This is an acute injury and the child died within minutes (of the injury),” Rydzewski testified.

ECFKPJ4ZDNHYXGWIDN6TTLPWVE.jpg


Father charged in baby’s death set for preliminary hearing

Alabama missing baby Caleb Whisnand killed dad charged capital murder

Court records indicate baby Caleb was killed sometime between 3:30 p.m. and 11 p.m. on Monday.

Montgomery Chief Deputy Murphy said Whisnand, who was out on bond following an arrest in an unrelated case in Elmore County, called police to report his son missing Monday night as he traveled on US Highway 231 near Wetumpka.

The infant's body was found in a rural area of Lowndes County on Wednesday, authorities announced at a news conference Thursday.
 
JUN 4, updated JUN 5, 2021
Preliminary hearing held for father charged in baby’s death (wsfa.com)
The case has now been bound over to a grand jury. A judge has also put a gag order in place.

Grand Jury – Montgomery County District Attorney's Office (montgomeryda.com)
I was looking for information here about when the grand jury meets but I didn't find it.

Grand jury proceedings resume in Montgomery County (wsfa.com)
This article is from March and describes the backlog of cases due to COVID. We might be waiting a while for an indictment. :(
 
SEP 9, 2022
... Caleb and the baby’s mother made a plea on television for the public’s help to find their son. Watch part of the video above, and hear what body language and human behavior experts Greg Hartley and Scott Rouse of The Behavior Panel say about Caleb’s behavior during his interview. Why does Hartley say, “There’s a tremendous amount of red-flagging going on here”?
 
NOV 10, 2022
[...]

According to court records, Caleb Whisnand Sr., has been indicted for capital murder after the death of his son, Caleb Michael Whisnand Jr.

The child’s early 2021 death was reportedly caused by injuries to his skull and/or brain.

[...]

A gag order has been put in place on the case.
 
Any news on this case?
I wish. I haven't been able to find anything in MSM and the court site is fee-based. :(
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I wish. I haven't been able to find anything in MSM and the court site is fee-based. :(
  • Name Search: $9.99
    help.gif
    (One case detail included. $9.99 per case thereafter).
  • Case Number search: $9.99
    help.gif
    (One case detail included).
  • Images: $5.00 for the first 20 pages; $0.50 per page thereafter
  • Case Monitoring
    help.gif
    for the lifetime of the Case. District Case $19.99. Circuit Case$29.99.
 

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