[JJemail1]

ANNWILL,

I couldn't stop thinking about your circumstance and did a little research to gain some insight into Ohio law and see if there's a plausible argument you could present to the agency. I think there is.

I think you said that the last court ruling agreed that bio mom's rights were violated. However, I think that as a result of that ruling, your child's rights are now being violated.

I would ask your attorney to consider the following arguments:

First:
Your child's rights as outlined in "Children's Rights: The Rights of Children and Their Families Who Need or are Receiving Community Services: A Publication of the Ohio Legal Rights Service (OLRS) June 2006" (Children's Rights - The Rights of Children and Their Families Who Need or are Receiving Community Services) are being infringed upon.

Point 1: The "Right to Make Choices" under the "Civil Rights" subsection mandates that "Child-serving agencies must give your child the chance to give an opinion about decisions that affect his or her life. The agency should encourage and support your child to form opinions and to make choices." (Children's Rights - The Rights of Children and Their Families Who Need or are Receiving Community Services)

Since your child is around 4 years old (is that right?), I think it's reasonable that she would have an opinion about who she wants to live with.

Point 2: Your child has the "right to get a second opinion, sometimes called an independent evaluation.
Your child can get an independent evaluation from another doctor or behavioral health professional (a counselor or therapist) about your child's diagnosis, treatment or services [emphasis added by me--foster care is a service]. Your child or family may want a second opinion if you disagree with or have questions about your child's diagnosis, treatment or services." (Children's Rights - The Rights of Children and Their Families Who Need or are Receiving Community Services)

Second (but maybe not as strong)
ASFA (Adoption and Safe Family Act of 1997/accepted by Ohio in 1999 if I'm not mistaken). Ohio's application of ASFA "Requires public child service agency to make reasonable efforts to place child in a timely manner in accordance with permanency plan approved by court and to complete whatever steps are necessary to finalize the permanent placement of the child (5153.16)." (http://www.ncsl.org/statefed/cf/clarify.cfm?stateselect='OH')

I'm wondering if the agency can revisit the reasonable efforts provided to bio mom during the first 22 months of care (ASFA deadline for reasonable efforts prior to a motion for TPR). Mom's inability to visit the child during her jail sentence is her own fault/her own inability to remedy issue resulting in her child being placed--not the fault of the agency. They should re-argue the point.

Third
You might also ask your attourney to review the Ohio supreme court case: Adoption of Ridenour, 61 Ohio St.3d 319, 326-328, 574 N.E.2d 1055, 1062-1063 (Ohio 1991). One New Jersey Judge described the outcome of that case, stating: "the Ohio Supreme Court concluded that the finality of adoption and the establishment of the adoptive family is ultimately in the child's best interest and that the biological family's desire to maintain some relationship must succumb to the paramount need to cement the new family relationship" (http://www.romingerlegal.com/new_jer...6-93.opn.html). There may be something of use from that case that could be applied to yours.

Again, I really feel for you and I'm praying that you get to keep your little one.

Jennifer