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Originally posted by Xcathdra
I think we are of the same mindset when it comes to what most likely occured. As far as DFS in Missouri goes (Department of Family Services - MO equivelant of CPS) they cannot seize a child on their own as they dont have the authority to do so. It must be done by law enforcement / medical doctor / court order.
Since lise is missing, and no charges have been formally brought, there is no standing to seize the remaining children. Granted she made the comment she was drunk and most likely blacked out, there is absolutely nothing in the way of evidence to link her condition to Lisa's disappearence under law (law, not personal opinion).
Originally posted by Xcathdra
reply to post by wildtimes
Wow the number of things wrong in that case are mind boggling. For starters I find it weird family services would be conducting an interrogation instead of the police (granted Ill might allow for that, here in MO though its a no go since guilt seeking questions are being asked which requires Miranda.
Secondly doing the orphanage thing in order to sway the parents is tantamount to coercion. It would be like telling a mother that unless you tell me where your husband is, i'm taking your child. Forcing information under duress / coercion is a huge nono and is an excellent way to get evidence / testimony thrown out and destroy a case.
This is another reason you dont see the police constantly at the parents house or dragging them in for questioning. Its possible for the police to get hit with harassment complaints when we go a bit overboard on contact with persons of interest.
Originally posted by Xcathdra
reply to post by mcsandy
She is over 21 and was drinking at her house, which is not illegal. Its not illegal to be intoxicated at home either, even if children are present. In order to make an argument to remove the children, those children would need to have been placed in danger because of moms actions.
Granted Lisa is missing, however the 2 remaining children are not, and there are no signs of neglect or abuse to either one of them. Its not against the law to be poor, nor is it against the law for a person house to be messy (unless that mess poses an immediate danger to the children). Until we know what happened to Lisa there is nothing that links moms actions to Lisa's disappearance.
Dont get me wrong, I understand where you are coming from, and the way the DFS portion works has pissed me off to no end on many occasions.
However the defense lawyer would point out that if Lisa's actions were criminal, then why aren't the other children harmed? If I remember the criteria for endangering the welfare of a child, its all encompassing and not single, meaning that if she were to be charged, she would be charged with one count of endangering the welfare since all 3 children were under one roof at the time (the same would apply for a person operating a motor vehicle in an unsafe manner with 4 kids in the car, 1 charge).
While I dont care that much for the Missouri Legislature, and as goofy as the law sounds, it does make sense from both a criminal as well as civil point of view. First off how can one make an argument that she endangered the welfare of Lisa, but not the other 2 in the house? If those 2 children were somehow injured then one could make the argument. Since there is no link between mom and Lisa's disappearance, there is no endangering the welfare present.
Secondly, the goal of the law is to protect children from a parent / guardians behavior. Its not meant to be so severe that a person would lose their children with absolutely no ability to regain custody.
By permanently removing the children for a parents / guardians actions, it would unfairly punish the children involved as well. As with any law, the intent is to first and foremost prevent certain actions, and as a last resort allow a person to be punished for performing those actions.
Until we all can go down to the pool and walk across the water, we must keep in mind we are all human and prone to mistakes. A law MUST takes that into account, in addition to mitigating circumstances (letter of the law - spirit of the law view point).
Example - 16 year old son and 54 year old dad are arguing over the sons inability to keep his room clean. During the argument the 16 year old gets pissed and starts punching dad. Dad defends himself, resulting in the kid being knocked out from a punch.
Under the law the situation could fall under child abuse as well as a domestic disturbance. However, if we take all factors into account - Child's size, age, Dads size and age, physical confrontation between the 2, with the son being the primary physical aggressor, and dads response which resulted in his son being knocked out, at which point dads activities stop.
Situation would easily fit into both categories I mentioned. However, using all the facts it would allow for the mitigating circumstance of self defense on the part of dad. Since his actions ended when the "threat" ceased to be present (being knocked out), his actions would be justified under self defense.
We will never have a law that is only black and white, and the day we do we may as well replace the Star Spangled Banner with that of the anthem of the old Soviet Union.edit on 13-12-2011 by Xcathdra because: (no reason given)
Originally posted by schmae
reply to post by Xcathdra
''''First off how can one make an argument that she endangered the welfare of Lisa, but not the other 2 in the house? If those 2 children were somehow injured then one could make the argument'''''
I am sure if we could fast forward 20 years and see those 2 boys sittting on their psychiatrist's couch as adult men, we would see they have been irreparably emotionally injured. But that's just a guess !
I see your point though, but there is a mental factor here that hasn't come to fruition yet.
She is over 21 and was drinking at her house, which is not illegal. Its not illegal to be intoxicated at home either, even if children are present. In order to make an argument to remove the children, those children would need to have been placed in danger because of moms actions.