OR - Calgary mom sued for son's foster care

Discussion in 'Up to the Minute' started by Infojunkie, Jul 29, 2010.

  1. Infojunkie

    Infojunkie New Member

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    http://www.cbc.ca/canada/calgary/story/2010/07/29/calgary-custody-oregon-boy-fight-court-battle-costs.html

    There's more at the link, but really? It took Oregon two years, TWO YEARS to return this child to his mother? And the offense was for not wearing a helmet? And then they want money from the mom they deprived the child from to pay for this? :banghead:
     
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  3. Belinda

    Belinda Doer of Things

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    There has to be more to this story. There just has to be. This story, as told, is completely insane. What is the missing piece?
     
  4. Nat

    Nat New Member

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    That child should have never been place in foster care within the United States. The mother should not have to recoup the money the state spent on him.
     
  5. Tuffy

    Tuffy Not really that tough...

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    Agreed, Belinda. If the facts of the case are as stated, there would be some sort of international incident. A Canadian boy taken from his parents while in the US for the offense of not wearing a bicycle helmet.

    He was visiting his stepfather in Oregon? Stepfather would be her husband, right? So where was she? I think there is a whole lot she isn't saying about what happened.

    From what she says though, this case should be cause for outrage. But even the Canadian authorities are silent on the issue. Alberta's Children and Youth Services will not get involved in the case because "it is a private legal matter," said government spokesman Tom Olsen on Thursday.
     
  6. jjenny

    jjenny Well-Known Member

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  7. Linda7NJ

    Linda7NJ New Member

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    I haven't read your link yet, but yes...if a child's biological parents have the means to pay for the support of the child, they are billed. It's viewed no different than child support.

    I see nothing wrong with the practice. IMO most cases where the family has the money but are drug addicts, abusive and/ or severely neglectful to the point the children are removed and placed into care....why shouldn't the parent pay?
     
  8. Infojunkie

    Infojunkie New Member

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    It isn't as simple as the initial article stated, but the child was in Canadian foster care before, if the decision was made that he needed to be away from his biological parents by the Oregon entity he should've been returned to the Canadian foster care system.
    At this point birth mom has no money, what is the point in trying to gain any repayment from her?
     
  9. Missizzy

    Missizzy New Member

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    Linda is correct. All states that I know of will attempt to bill parents for foster care. The state is providing state mandated necessary care just as a hospital would. They do attempt to recoup the cost. Obviously, the repayments are few and far between. I've seen many cases where I thought it was a travesty to the taxpayers that the state didn't INSIST on compensation.

    Also a lot of people don't realize that if they adopt a child in a foreign country and the adoption fails, dissolves or is disrupted, the original adoptive family will be liable for that child's foster care. Contracts agreeing to this must be signed prior to allowing the child to travel to the US.

    That said, jjenny is right. This is a complicated case.
     
  10. Infojunkie

    Infojunkie New Member

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    I still think that as a Canadian child, he should have been returned to the Canadian foster system if the child was a danger, or was in danger.
     
  11. kgeaux

    kgeaux New Member

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    I HOPE there is more to this story, because what is written in the article borders on ridiculousness. Especially since this mother, the legal guardian of the child, was fighting the whole time to try to regain custody of her son! It's not like she dumped him on the state of Oregon and forced them to supply a foster home and medical care!
     
  12. newone

    newone 2nd mouse gets the cheese

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    ....bbm.....hopefully with the right lawyer that will change --
     
  13. Infojunkie

    Infojunkie New Member

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    A really generous pro bono lawyer.
     
  14. Tuffy

    Tuffy Not really that tough...

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    Actually, kgeaux in the articles it says that part of the time she was not doing what she needed to do to get custody. The state of Oregon was even paying for a Canadian expert to do a psychological assessment.

    An Oregon judge ordered Lisa to undergo psychological testing and complete other steps before the state could release her son back to Canada and into her care. The state paid for a Canadian expert to do a psychological assessment, which recommended that she undergo treatment for a personality disorder.

    She balked at some of the requirements but says she is now in therapy.
     
  15. Angels_Not_Forgotten

    Angels_Not_Forgotten Anxiously Awaiting a WINNING NFL Season!

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    I agree as well. I guess my concern is they have reasons to believe he wasn't in an environment where he could flourish, Mom was growing weed around him. He obviously even in the US had no one really keeping an eye on him if the reports of him wondering pretty far from town alone really happened. I don't know, very very odd story.
     
  16. Belinda

    Belinda Doer of Things

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    I guess my question is if they had concerns about the mother, why wasn't the boy turned over to Canadian CPS? I'm not sure why we kept him in the US.
     
  17. Missizzy

    Missizzy New Member

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    Because this case involves a DHS case, we have to remember that confidentiality laws will prevent us from ever knowing the entire story. I'm sure there are details that will not be released. I hate to say it but funding issues can often trump what is the true best interest of the child and/or will "guide" a child through the system.

    If this child had behaviors which seemed to point towards residential treatment, the state would have to pay for that. Oftentimes, a fair hearing is held on this issue and there could have been a decision that the "country of origin" rather than the "country of residence" would have to pick up that bill. That cost comes to $5000-$10,000 month. That might be a factor. Returning him to Canada would put that expense on their child welfare system or a particular school district--whichever makes the recommendation. So the return to Canada could have been a reactive or a proactive tactical move. Money always is a factor, though. Just my experience.
     
  18. Missizzy

    Missizzy New Member

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    http://www.oregonlive.com/pacific-n...an_challenges_oregon_over_foster_expense.html

    Canadian woman challenges Oregon over foster expense


    "In a rare international legal battle, the state of Oregon and a Canadian mother are fighting over the costs of nearly two years of foster care in Oregon for her 12-year-old son.

    Lisa Kirkman lost custody of the boy in 2008 after she left him with his stepfather to spend summer vacation in Oregon. She regained custody in June.

    The state is seeking to have her pay for the foster care, which averages about $24,000 a year. She is contesting the claim in a Canadian court....."

    more at link (a lot more confusing details on a highly confusing case)
     
  19. Livvy

    Livvy New Member

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    This has been a long battle for this woman to get her son back. It has been a big story here in Alberta for some time. I am very happy that she finally has her son back! I cannot believe that this child, a Canadian citizen, was kept for that long in foster care in the US! Outrageous! If he needed to be in foster care, then it should have been here where his mom and family could see him. She owes the state of Oregon nothing. They should have sent him back to Canada where the foster systems are much better anyway! She should sue Oregon for all the distress her child has endured in their foster system!
     
  20. otto

    otto Verified Expert

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  21. BuzzieCat

    BuzzieCat New Member

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    She's being ridiculous. I hope her son is okay. Sounds like she just enjoys making a stir and trying to force other people to bow down to her whims.
     

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