Tammy is a divorced mother of three school-aged children and she is pregnant with a third. She has a history of chronic drug abuse, continues to use drugs during her pregnancy, and uses them in front of her children. She is incapable of holding a regular job and resorts to selling drugs and prostitution to make money. When she is not high on drugs, she is depressed and irritable. She is prone to

Question

angry outbursts during which she hits and belittles her children. She frequently locks them out of the house at all hours whenever she is "entertaining" company. Because she spends the bulk of whatever money she is able to get her hands on for drugs, there is rarely adequate food in the house. The children are constantly looking for "handouts" from friendly neighbors. One of the children is diabetic and Tammy pays little attention to her diet or insulin requirements. She has even used the child's needles for her own purposes.

On several occasions, she has been reported to the local department of social services because the children are chronically truant from school and appear to be malnourished and frequently have visible bruises on their faces, necks and arms. Tammy has not been complying with the service plan that is in force and her social worker has told her she is going to seek removal of the children and termination of her parental rights so the children, including the baby expected in three months, can be freed for adoption to a "good" home. Tammy says she can't do that because she has a constitutional right to parent her children as she sees fit. Is Tammy right? Does the social worker have an adequate basis on which to pursue termination of Tammy's parental rights? Which kinds of abuse has Tammy committed based on the fact pattern?

Answer 1

a) Does Tammy have a constitutional right to parent her children as she sees fit? The student should be aware that parents do have this fundamental right but that it is not unlimited and the state has the right as parens patriae to intervene when necessary to protect the child. There is clearly cause for intervention in this case as the children, including the unborn child, are all at serious risk of injury from drugs, neglect, and physical abuse. Her treatment of the children will not be protected by any variation of a "parental privilege."
b) Does the social worker have an adequate basis on which to pursue termination of Tammy's parental rights? This is a matter of opinion, but it would appear that she does, based on the severity and chronic nature of the problems and the mother's failure to cooperate and address them. The proof must be clear and convincing to support termination. The worker will also need to be able to show that "reasonable efforts" have been made to keep the family together.
c) What kinds of child abuse has Tammy likely committed? Pretty much all of them except perhaps sexual (although the extent of the children's exposure to or involvement in Tammy's prostitution is not clear). The student should recognize that there is evidence of physical, emotional, and substance abuse. There is also evidence of physical, emotional, medical, and educational neglect. One could argue for abandonment in some respects as well.