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Showing posts with label STATES RIGHTS v. FEDERAL RIGHTS. Show all posts
Showing posts with label STATES RIGHTS v. FEDERAL RIGHTS. Show all posts

Friday, March 10, 2017

LEGAL OBSCURITIES AND LOOPHOLES USED TO OBSTRUCT A COUPLE'S FIGHT FOR JUSTICE IN "PREDICTIVE NEGLECT" CASE!

Their story is familiar now.  In 2007, Joey Watley and Karin Hasemann's two  children were taken away from them by DCF at birth. The grounds for this?  A controversial doctrine known as "Predictive Neglect". In other words,the concept that parents might neglect their children in the future even if they have not in the past.  CT DCF "experts" labeled the parents as mentally ill--Joey Watley received the diagnosis of Personality Disorder Unspecified, while Karin Hasemann was diagnosed with a broad range of conflicting diagnoses.  Since that time, both parents have taken care of other young children without incident.  

For a decade, Mr. Watley and Ms. Hasemann fought the removal of their children, ultimately losing three trials in State Superior Court in Middletown.  However, they did win appeals of those decisions due to legal error and malfeasance on the part of the trial court. Eventually, however, Connecticut State Court terminated their parental rights permanently. Consequently, in 2015 they took their case to Federal District Court. Initially, that Court denied their  complaint in response to a motion to dismiss filed by the CT Attorney General's office. However, the couple then appealed that decision to a higher Court--the Second Circuit Court in New York--which sustained their right to pursue their case.  Since then they have returned to the lower Connecticut Federal District Court.