A social dilemma

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Viki63

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The situation is this:
a woman in the US who is an illegal alien (undocumented immigrant), has 2 children born here. She asks her boyfriend’s sister to care for the children while she looks for work for a few days. The sister immediately goes to the state, asking for a subsidy to care for the children, perhaps as foster care. The state checks her out, removes the children from her care, and puts them in a foster home.
The social worker tells the mother that she can have the kids back if she meets certain criteria, including going to a counselor, attending drug/alcohol counseling, getting an apartment and a steady job. The mother goes to all the assigned meetings, but is unable to find steady work or afford an apartment. The boyfriend gets deported and the woman loses her car. She is 6 months pregnant, homeless, penniless. The social worker tells her that if she has an abortion, she stands a better chance of regaining her children.
She comes to a CPC - crisis pregnancy center, where she meets me. I tell her she can’t be forced to have an abortion, which she is happy to hear. I put her in touch with a shelter for women, and help her find bus tickets, a doctor and some other necessities.
18 months have passed since her children were placed, she has not been offered any assistance in finding work (and she’s due to deliver soon - no one will hire her.) Not saying she should have been, but not even a list of helpful organizations?
The law says that her children can now be placed for adoption. The couple who has had them for several months would love to adopt them, so the mother is told she must sign the paperwork relinquishing parental rights. If she doesn’t sign, she is told that she will be taken to court, the state will prove she is a horrible mother, and the children will be in a closed adoption where she will never see them again. She signs the paperwork.
The children are in a good place, going to a private school, with loving adoptive parents. The mother is happy about that, as she could never afford good schooling for them. Their behavior has also improved. She plans to stay in this country and work, so she can see her children once a month. Her baby’s father wants her to come to his country, where he can support her and their child, but she doesn’t want to abandon her 2 oldest children.
I find this situation appalling and unfair to everyone involved. The mother loses her children, and is torn between living with her baby’s father and never seeing her kids again. The adoptive parents are being treated like caretakers – they no doubt want to be seen as parents, but will this truly happen? The children get a good upbringing, but can’t live with their biological mother.The baby doesn’t get to live with his father, unless the father can somehow return to this country, giving up ties with his family.
It is okay to take peoples children away from them because they are poor? What is best for everyone?
 
She needs a lawyer. There should be a legal aid clinic that can advise her. At the very least, the attorney might want to ask for an extension until after her baby is born.

My first reaction would be to find out if she can petition the court to have the children returned to her with the understanding that she would be moving with the children to be with the father in his (is it hers too?) country. Kids deserve to be brought up in a home with a mother and a father. Living apart like that is likely to perpetuate her (and her children’s poverty) no matter what happens with custody. If the father can provide, they might be better off there.
18 months have passed since her children were placed, she has not been offered any assistance in finding work (and she’s due to deliver soon - no one will hire her.) Not saying she should have been, but not even a list of helpful organizations?
I thought you said she was not eligible for work in this country? Something is not right about this. The courts wouldn’t make finding a job a requirement if that would mean an employer has to break the law. Nor could an agency help her out by pointing her to organizations that might be willing to hire her illegally.
 
Thanks for your reply. She has been cleaning people’s houses for a living. I don’t know whether it’s legal or not but it’s very common. I don’t think the state considers legality or illegality when setting rules. But I think this social worker is way out of line anyway.
I tried to set her up with a lawyer but it turned out to be the state-appointed one, who advised her to sign. I’m working on finding her another one.
Thanks for the suggestions.
 
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