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| Individual vs.States in economic rights |
What we have here is a dramatic shift in the interpretation of child welfare law.
A judge, through a dependency court, has essentially emboldened the state with the powers of shared parental rights.
Even though the individual "sharing" parental rights with the state is a non-biological entity, the powers are split, without delineation percentage or weighted parental oversight in decision making.
What is most compelling of an interest is that there is distinct movement to expand, or, why do I not put this in a much more graphic term, how about, "bring back from the dead the raw power of Dred Scott standing, mixed with a heavy seasoning of the 'three-fifths' consideration of having constitutional rights".
Which party will possess the three-fifths of parental authority to have constitutional legal standing?
It began with the stripping of voting rights, and now comes the parceling of parental rights.
In this particular case, the Guardian Ad Litum has an unspecified percentage, and the step-father has a percentage.
To be fair, I have not read the ruling and cannot comment if this issue of which portion of the shared rights trump has been addressed.
Now, as this is a Michigan case, there is a possibility, but I am pretty sure I am spot on, the state is about to awaken, with the final ritual of policy making, the sleeping authoritative monster called the Michigan Children's Institute.
Through the history of this institution, its powers have expanded and contracted along side of socio-economic shifts.
Through the lens of privatization I can see the next pattern emerge in social programming, with cost reimbursements through Medicaid in dealing with an older youth population.
This has nothing to do with one's ancestry. This has to do with maximizing billable opportunities.
Here is how it started. Let's sit back and keep an eye on this case.
Teen taken by CPS reunited with family after nearly three months in Children's Village
PONTIAC, Mich. (WXYZ) - After spending 80 days away from her family at Oakland County Children's Village, the state is allowing a teenager to finally go home.
7 Action News cameras were there as 17-year-old Leiani McMichael exited the Oakland County Courthouse a happy teen, ready to go home.
Edwin Santana, her step-father, is happy to finally have her back.
"She's like, she's like my own daughter," Santana said. "She's been with me since she was 6 1/2."
Santana will have limitations when it comes to Leiani. Under an agreement with the state, Santana will share guardianship with a state appointed attorney. The attorney will have exclusive medical decisions over Leiani.
Child Protective Services took Leiani to live in Children's village in early November after accusing her mom of failing to give Leiani proper medical care.
Leiani's doctors contacted CPS concerned her mother, Rebecca Campos, was causing the teen to suffer from Conversion Disorder.
“Up until February 2015, Leiani was completely healthy, an amazing, thriving child,” said Rebecca.
Then, she started complaining that her stomach hurt. Doctors then diagnosed her with hernias, cysts, and removed her appendix. When she couldn’t keep food down, they gave her a feeding tube.
“Nobody could answer. Nobody knew why it got so extreme that a feeding tube had to be in place,” said Rebecca.
Then there was a problem with the feeding tube as Leiani visited her father who lives in California. Leiani needed surgery.
"After surgery Leiani didn’t wake up. She went into a coma,” said Rebecca.
She remained unconscious for days. When she did finally wake up, mom says Leiani was weak,
needed a wheelchair, had memory problems and started having seizures.
needed a wheelchair, had memory problems and started having seizures.
She took her to doctor after doctor searching for answers. Then, one doctor at the University of Michigan diagnosed her with conversion disorder. The doctor said Leiani didn’t need a feeding tube or a wheelchair. The problem was in her head.
"My wife was the one being accused of taking her to too many doctors appointments I guess, or not enough doctors appointments, it just snowballed," said Santana.
The family believes the state went too far and their attorney agrees.
As part of today's agreement, Leiani's mother and her younger sister must move out of their home, into an extended stay hotel.
"I don't like it but, it is what it is. As long as my girls are safe and they get to be reunited again and take the proper steps to bring them both together, my wife and I as a family then that's all that matters," said Santana.
The court has ordered a therapist help reintegrate the family that will now be split a second time by the state.
The court has ordered a therapist help reintegrate the family that will now be split a second time by the state.
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