NC Gets Tough on Parental Reunification Laws

We, Kathleen Raskin and Robert Raskin, are sad to report that yet another child has died due to corruption within the organizations that are meant to protect them. On Oct.25, 2015, a woman named Samantha Nacole Bryant lost custody of her toddler son, Rylan Ott, after she and her boyfriend were in a drunken fist-fight in her Carthage-area home. This fight involved both alcohol and guns, so the system stepped in to protect the boy, but unfortunately for Rylan, they did not do nearly enough to ensure his continuing safety. Both Rylan and his sister were placed in temporary custody, only to eventually be returned to a mother who remained unfit to parent.

 

Rylan’s Story

In Moore County in April of 2016, a child who drowned after he was returned to his mother’s custody. Rylan, who was just 23 months old when he died, was able to slip out from his house and wander a half-mile to this pond. He was reunited with his mother without any prior observation by child protection agencies, so there was no attempt to make sure she was fit to parent or that her parenting skills had improved since he was initially removed from her care. He had only been in her care for four months when tragedy struck.

 

The DSS Response

A caseworker claimed in her report that Rylan’s mother visited the child while he was in care three times a week, but his guardians say this is not true. Rylan’s Guardian Ad Litem, Pam Reed, and the boy’s kinship parents, Shane and Amanda Mills, had attempted to argue in court that Samantha Bryant was still an unfit mother, and they were proven correct too late. His mother is now being charged with child abuse and involuntary manslaughter, but the caseworker who was involved has not been penalized or charged with any wrongdoing. His case has undergone a second investigation, but the results of this are not public. The Moore County DSS director resigned as a result of this case.

 

Rylan’s Law

As a response to Rylan’s senseless death, Rylan’s Law was enacted. This bill requires social workers to document and observe two successful visits between children who are in state care and the parents they were removed from before they can be reunited. Until this law was passed, this was considered to be a “best practice,” for obvious reasons, but why it was not a requirement is less clear. This law is intended to close this loophole in an effort to strengthen this broken system, and it will help other children to be spared from Rylan’s fate in the future. We are Kathleen Raskin and Robert Raskin, and we won’t stop fighting to protect families and children until this corruption has been stopped.

Scare Tactics that Social Workers Can Use Against You

Even the very best parents can be the recipients of an unwanted visit from DHR. If this has happened to you, you may have been subjected to any number of threats that made you fear for the safety and stability of your child. Millions of children are abused in foster care every year, and we have all heard about heartbreaking cases of parents having their children removed and placed into the foster system for no good reason. This is becoming an increasingly serious problem, and if a DHR caseworker has knocked on your door, you may be understandably upset, scared, and confused.  While it can be alarming to be told if you question someone’s authority they may take your child away and strip you of your rights, there are steps you can take to diffuse the situation before it escalates and ends in tragedy.

What Should You Do When DHR Shows Up?

Although child abuse is a very real and serious problem, millions of good and loving parents have been investigated by DHR without any evidence of abuse outside of allegations that could have been made by anyone and for any reason, including spite for imagined slights. If a DHR worker shows up at your house, take their visit seriously, but be sure to remain calm. Although your anger and fear may be justified, any acknowledgement of it can be taken as an act of hostility and used against you. Unless they have a warrant, you are not obligated to let a case worker into your house. However refusing them may make them more determined than ever to remove your child.

Do You Need an Attorney?

It is advisable for you to secure the services of an attorney who has experience not just complying with, but actively fighting against, DHR. It would be extremely expensive to have an attorney present every time you communicated with a social worker, but a lawyer will at the very least be able to provide you with guidelines and legal advice that can greatly reduce your chances of having your child removed from your home. It is best to keep your communication with the worker to the bare minimum, and whatever you do, even if you know you are innocent and are merely trying to explain, never say anything that could incriminate you.

Do You Have to Let Them Speak to Your Child?

DHR does not need your permission to speak to your child. They can legally interview your son or daughter at school or in another public place without your child, so it is best to teach your child to refuse to speak to any strangers including DHR caseworkers. If you refuse to cooperate they will make a note of it, and that alone could be used as “evidence” against you. To reduce your risk of having a worker claim that you refused to let them see your child in order to hide evidence of injuries, show your child or children to the worker through the window only, but do not open the door for them.

How DHR Benefits from Removing Your Child

DHR caseworkers believe they are doing what is best for the child, but their tendency to believe accusations without any evidence is far from being in children’s best interests. If these workers ran out of children to remove, their job security would be in jeopardy. The more children they take in, the more federal funding they receive, and the better they look in their own boss’s eyes. While these workers may seem friendly and helpful at first, once they have the information they are looking for they may quickly turn on you. Once they have grounds to remove your child, it can be very difficult—if not impossible—to regain custody. If DHR knows on your door, protect yourself and your children by making sure you know your rights.