
Marlene McCabeNapa, CA, United States
Jan 10, 2017
I agree that there are cases with parents that should absolutely have their children taken away and their parental rights terminated. The cases I'm talking about are about the parents that didn't deserve nor did the infraction constitute having their child taken away for 18 months.
Example:
Child removed for excess clutter
To be in imminent danger means; at hand, close at hand, impendent, impending or close; at or within a short distance in space or time or having elements near each other. Something that is imminent is something that is just about to happen: if you light a firecracker and then stick it down your pants, a very bad situation is imminent.
According to vocabulary.com, imminent means,"to overhang," and to say that something is imminent is to say that it is hanging over you and about to fall, in a metaphorical way. If you take your mom’s car and drive it into the mailbox, getting grounded is imminent. You don’t want that hanging over your head!
Imminent danger means that the threat must be immediate or imminent. This means that you must believe that death or serious physical harm could occur within a short time, for example before OSHA could investigate the problem.
According to the United States Department Of Labor, Imminent Danger means the following:
Definition. Section 13(a) of the Act defines imminent danger as "... any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Act."
Requirements: The following conditions must be met before a hazard becomes an imminent danger:
⦁ There must be a threat of death or serious physical harm. "Serious physical harm" means that a part of the body is damaged so severely that it cannot be used or cannot be used very well.
⦁ For a health hazard there must be a reasonable expectation that toxic substances or other health hazards are present and exposure to them will shorten life or cause substantial reduction in physical or mental efficiency. The harm caused by the health hazard does not have to happen immediately.
⦁ The threat must be immediate or imminent. This means that you must believe that death or serious physical harm could occur within a short time, for example before OSHA could investigate the problem.
⦁ If an OSHA inspector believes that an imminent danger exists, the inspector must inform affected employees and the employer that he is recommending that OSHA take steps to stop the imminent danger.
⦁ OSHA has the right to ask a federal court to order the employer to eliminate the imminent danger.
https://www.osha.gov/as/opa/worker/danger.html
CPS claims that a child was in imminent danger due to clutter in the house. Was there a pile about to fall upon them? What exactly did CPS constituent as being the imminent danger to them? Did CPS believe that death or serious physical harm could occur within a short time, for example before CPS could investigate the problem? Or perhaps CPS was worried that the parent would remedy the issue before they could investigate the problem!
OSHA has the right to ask a federal court to order the employer to eliminate the imminent danger so that they can correct the problem in order to be incompliance and continue to run their business. CPS has the right to temporarily take a child due to imminent danger until the parent can eliminate the imminent danger so that they can correct the problem in order to be in compliance and reunited so that the parent can continue to parent their child.
CPS by law when contacting a parent about a referral is suppose to inform the parent about what the referral is about and before they can take a child, they must inform the parent what they are claiming is the imminent danger that gives them the right to temporarily take the child. If they have refused to state what they deemed to be of imminent danger, then they have denied a parent the right to remedy the problem and in turn have also purposely kept them and their child apart from each other.
CPS is only supposed to involve themselves when a situation puts a child in imminent danger. What this means is that CPS should not have taken a child from a parent in the first place due to simple clutter. The clutter may have made the house to look messy, but messy does not constitute imminent danger or bad parenting.
Simple clutter can be remedied rather quickly and once the issue or issues on the referral have been corrected, CPS should promptly return the child to the home. Two weeks later, if the parents have cleaned up the simple clutter and it is no longer an issue, then there is no reason to continue to keep the child in foster care for the total 18 months, which is the deadline to for parents to comply before CPS moves to terminate their parental rights. Would you not agree?
The only purpose for a child to continue to stay in foster care when there is no longer an issue of imminent danger, would be the advantage of receiving federal dollars and when a child has disabilities and is on disability, they get more federal dollars than they do for a child that doesn't have disabilities.
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