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Saturday Feb 04


Can Motherhood be Criminalized?

284 Comments

October 22, 2008 by Kathy McManus

Can Motherhood be Criminalized?

Should a bad mother be prohibited from having more children? 

Twenty year-old Felicia Salazar admitted to a court that she failed to provide protection and medical treatment for her 19-month-old daughter. The baby was beaten by her father and suffered broken bones and other injuries. She recovered and is in foster care. The father was sentenced to 15 years in prison. 

But when Salazar—who had no previous criminal record—appeared for sentencing, Judge Charlie Baird gave her a suspended prison sentence and 10 years probation with what he called the “reasonable condition” not to conceive or bear any more children during that time. 

“She has a fundamental right to reproduce,” said the judge, “so I couldn’t order her to be sterilized. But she can be forced to forfeit certain fundamental rights.” The judge added that he is “not even preventing her from having intimate sexual relations. I’m only preventing her from becoming pregnant.” 

Legal experts questioned the constitutionality of the sentence, while others debated its enforceability. “If Salazar becomes pregnant,” asked a law writer, “must she choose among concealing the pregnancy, abortion, or incarceration? Alternately, could Judge Baird order her to carry a pregnancy to term but then give the child up for adoption?” 

The prosecutor, who had not sought the sentence, was surprised. “I think when the average person hears a story of a mom who failed to protect a child,” she said, “their instinct is that she doesn’t deserve to have a child. But we don’t get to decide that for her.” 

Tell us what you think: In an effort to prevent future child abuse, should the court be responsible for deciding if a mother can have more children? What about the father in this case—should he be under court order not to father more children?


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284 Comments

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  • October 23, 2008 by Austine Kar

    If Judge Charles Bair will suspend Salazar prison sentence then why put her on 10 years probation. The father who deserved the criminal charges has received the sentence. So “what business has the lion head in the hand of an eagle”? Why should the poor innocent woman share her heartless husband’s punishment? Child abuse is a strong law that can not be overlooked, yes I agree. but in this situation, to what degree of protection was the judge expecting Salazar to have protected her baby? I believe that before the police get this information it was this same hurting mother who dials 911? If a man can beat up a 19 months old baby till he broke her bone, has the law considered what could have happened if Salazar could have being a good mother as supposed, to protect her daughter from this kind of person? She may have been a dead person; or don’t you think so? This is not what I think the law called child abuse is, it is what I will call “a weep for strength”. Child abuse will be if she was watching TV while her sweet heart feed his evil heart on the baby’s helpless body. I like the fact though that the judge suspended the prison sentence, but substituting it with probation is where I have a problem. The woman is not linked to her husband’s insanity therefore, she is not a dangerous mother, so let her live as she normally used to live. Because she has not yet found her soul mate—the right man who and her will live happily and raise their kids together does make her deserve 10 years of unhappy sexual relationship.

    Reply

    • May 6, 2010 by Patricia Aunwine

      I think it all depends on the conditions . Why did the mother allow the father to beat on the baby. It's unacceptable to beat on anyone but down right wrong to allow anyone to harm a helpless child. She should have gotton out the situation and asked for help. I don't agree with the judge banning her from having any more kids or suspending a 10 year sentence over her head I would have her monitored by cps some people do change.

      Reply

      • September 4, 2011 by Ozzi

        You cannot ask for help anymore because many of the programs that could have helped her are gone or reduced because of the budget crisis.

        But many times, issues at home can spiral quickly and out of control before you realize that you need help.

        Also, when people ask for help, the system can become abusive towards them.

        There are no easy answers for this problem.

        Although I would suggest hospitals try to find the funds or do some fundraising to provide first-time parenting courses for all parents and emphasize anger and stress management. Perhaps someone on this board consider taking on such a project.

      • September 6, 2011 by Coercive_Control_Abuse

        Maybe the mother was also getting beaten by the father of this baby, which of course is the common scenerio... men who beat their significant others, also beat up their kids; men who beat up their kids, beat up their significant others. ...and she knows she cannot say much (if anything) so her protection is "being there" to feed, love, and do her best until they get out - safely.

        Why did she permit? What a sick question. The question is why did HE beat up this child and most likely the mother of the child.

      • October 23, 2011 by Danni

        I have read the comments that call this woman "innocent." In no stretch of the imagination is she innocent of anything. She ALLOWED her child to be beaten and abused. The judge showed great intelligence in saying that she should not be allowed to get pregnant again. If she does, she should immediately be sent to serve the prison term. Her failure to protect her child is criminal and she deserves to lose rights just as other criminals do.

    • August 4, 2010 by Leatha Phipps

      I agrre with the judges decision.This country can not afford to keep paying services for children who were not wanted. It is our resposibility to keep our children safe.What do you think about a mother who's had 5 children and none are in her custody? The state,and tax payers are taking care of these children.This is just one example of what's allowed to go on.I find it disgusting, and unfair especially to the children.She doesn't deserve the right to be a mother.Some of these women can't even take care of theirselves.Let's be reasonable about the time given for them to get it together.Children have to have their needs met, they can't wait for their parents to grow up.I believe sterilization should be legalized in severe cases like this.my heart breaks for these children.

      Reply

      • August 27, 2011 by Gail

        I agree with the judge. It's not the responsibility for the child to wait for Mom and Dad to grow up. Some people are absolutely sick in the head. If this woman was a nanny and beat a child or was an accomplice in the act, that nanny would be sentenced and serving time in jail. There have been cases where women have babies just to kill them. In any other situation the offender would be considered a serial killer and put to death. All the judge wants from this woman is not to have any more kids, so any other child that she has will not go through the same thing. The other thing I would like to see is that there should be a license required to have kids. The world is over-populated and there are not enough foster parents or adoptive parents out there willing to adopt children from abused situations. There are places in this world where children are rendered homeless, because the parents refuse to take care of their own children, or they are sold into sex slavery, or indentured servants for money. We live in a sick world with a lot of sick, perverted, selfish people having kids that they do not deserve.

      • September 6, 2011 by minnie

        You should move to another country. this is still the United States.

      • September 13, 2011 by lisa

        i agree with the judge. and im a mother myself. i see toooooo much of this stuff happening and then when the father gets out shes with him again with the same child he beat. she doesnt need anymore children she will allowed to be harmed. come on people its not fair to the child.

      • November 1, 2011 by JC

        So quick to throw away someone else's constitutional rights. This article sheds very little light on what happened. She "allowed" the husband to beat the child. What does that mean? She sat and watched? She held the child down? She knew he had a temper and stayed with him anyway? The Judge has no right to impose a sentence that he cannot realistically enforce. He says he's not telling her she can't have intercourse (like he could do that anyway), but that she can't get pregnant. How is he going to stop that other than by sterilization, and mandated sterilization walks a very close line to the extreme horrors and abuses of the Nazis in communist Germany.

      • November 26, 2011 by Tracie

        Let me ask you a question since you think the judge was so correct in his decision. If your child was sexually abused and it turns out to be your S.O. and maybe you had a clue as to something not being quite right but wasn't sure. When everything comes out is it fair for you to be condemned to sterilization because you had a feeling that you didn't act on??? I hope you do, because that is what you just advocated for...

      • December 18, 2011 by Let Freedom Ring!

        I am appalled by some of the reader comments. "Forced sterilization"?! Oh yes, because it worked so well for the Nazis? "Population Control"?! Because it works so well for the Communist Chinese? "Licensed Reproduction"?! If readers of this comment do not immediately recognize the inherent danger in giving our reproductive rights to a government agency, then God help us all! I only hope that I can escape an America filled with these dependent idiots.

      • December 29, 2011 by ajs

        ur comment is that this is the United States, yet u couldn't begin to understand the freedoms and abuses of these freedoms here. i say "yes" free choice and freedom is the best, but i'll bet ur against illegal immigration right?? THOSE ppl understand what we have and how to limit themselves!! ur gonna be the one that's collecting those soc sec dollars their paying into the gov. not them. anyway, i side with the judge, all the way. i been there and done that. i was mature enough to have the kids and i was mature enough to get outta bad situation!! if ur not, give them up!! be an adult!!

      • December 29, 2011 by ajs

        to the reader who refers to the Nazi's OMG WHAT'S THE MATTER WITH YOU!!!! learn ur history before making such a comment, u moron! they killed INNOCENT MEN, WOMEN, AND CHILDREN!! it has nothing to do with sterilizing criminals!! and yes, women who allow their kids to be abused ARE criminals and don't deserve to have them!!! u have NO idea what freedom is!! OMG DISGUSTING!!

      • February 3, 2012 by CHARLES

        THANK YOU for your sane comments, Leatha!

        The state(s)/ taxpayers are BEING LEGALLY FORCED TO CARE FOR THESE CHILDREN!

        It's unfortunate for the children involved.....EVEN more for ALREADY OVERTAXED TAXPAYERS!

        WHY are the females who continue to bear children THEY CAN'T AFFORD ALLOWED TO DO SO......WHY HAVEN'T THE PROBLEMS BEEN ADDRESSED BY VARIOUS SOCIAL/GOVERNMENTAL SYSTEMS..........................

        DO TELL!

    • August 9, 2011 by nick

      Did you even read what was said? She failed to protect

      Reply

      • September 22, 2011 by kat

        The mother should have gone to jail for 10 years. That would have made sure she didn't have another child for that duration.

      • October 23, 2011 by Kristi Rogers

        I hate to admit it, but I agree with the judge. 10 years isn't as long as it sounds. She'll be 30 yrs old and hopefully have matured enough to care for children properly. I'm sure she's not a bad person, just young and vulnerable. Although, I would love to know how the judge plans on carrying out this sentence.

    • August 14, 2011 by cherie willits

      I would easily die trying to protect my child...that's a no brainer. She absolutely should not have more children!

      Reply

      • September 4, 2011 by Ozzi

        If you died trying to protect a child, what would happen to the child afterwards when you are gone? What if you had other children?

        Think a bit better about child protection and come up with practical and reasonable ideas rather than foolhardy, idealistic statements.

      • September 29, 2011 by shortone

        I was protected by my mother in a manner and situation that resulted in her death. The result? I am now a 40 year old professional, step-parent and grandfather. My mother commited the ultimate sacrifice for me and not a day goes by that I don't think of that as a part of my moral compass. As for her other children? We were seperated by the "system" but reunited at the earliest opportunity as adults. We simply waited until no-one was capable of preventing us from being brothers one again. One is a father of five, the other was a father of two. Life goes on.....

      • October 5, 2011 by MomofSix

        When my husband was choking my son, I reached up and bit him to get him off my son as he (My husband) had pushed me to the ground and my son (who was was 15 at the time) was trying to get him off of me. When my husband was wrestling my son and choking him...I could only reach him with my mouth (I was also pregnant at the time) and bit his shoulder to get him to stop. When the police finally showed up...they threatened to arrest me because I bit my husband. You tell me which is right? I would do it again...anything to defend my children. I lost that baby, and my husband is no longer around. It is pathetic when a "man" would do anything to a child...anything hurtful...

    • August 18, 2011 by Bob Henning

      Well perhaps its because she admitted to DOING NOTHING to PROTECT and CARE for her infant Child. Perhaps in ten years she`ll be able to handle being a Loving, Caring, Protective Mother, Until then it is clearly CRIMINAL for her to Bear More Children.

      Reply

      • September 10, 2011 by Maria la O

        I just realize that I have been posting on a very old article. I would like to see a sequel to find out if anything at all has been done to advance the rights of the abused children and women. I agree that the woman should not be allowed to walk away as if she was blamelees. She has been an accomplice to a crime committed. She knew that she was with an abusive, out of control maniac. And yet, she chose to expose her child to this toxic person. Even if it was the father. I compare this to allowing your child to play with mean pit-bull. Irresponsible and as such, it should be at the very least, gross neglect and endagerement to a minor.

    • August 26, 2011 by michelle

      obviously you have never been beaten as a child while your mother did nothing about it. I completely agree with the judge in the fact that this "mother" should never be allowed to have another child. She didn't protect the one she had. She should have gotten a stroger sentence than the one she got...so she shouldn't be complaining. Mothers are supposed to protect their children no matter what. For a child to be beaten and have no one, not even its own mother to stand up and stop it is heartbreaking! My step father would beat the crap out of me and my sister. Our mother stayed with him for 16 years! When she FINALLY left, it was without either of us! She was afraid to go back for us....she was afraid that he would hurt her...but NEVER thought of either of her kids! She knew he beat us...yet she STILL left us there...we were so scared (I was 16 and my sister was 14) that he was going to kill us that night because we knew his fury all too well. I am sick and tired of POS parents having excuses being made for their actions/inactions. Kids are not punching bags for their parents or parents partners...YOU CAN'T UNDO THE DAMAGE THAT IS DONE !

      Reply

    • August 29, 2011 by Mary Stevens

      Ms. Salazar is not a 'victim' here. How long did the abusive relationship go on before she could no longer conceal it due to the injuries her child sustained? It was only time before the abuse went from her to her poor child.

      We all know women who are addicted to losers. Ms. Salazar will probably fall for the same type again. Maybe the judge should also have insisted on assertiveness training and counseling?

      The judge is correct in trying to prevent a repeat of this horrible incident - even if it is unenforceable.

      Reply

    • September 6, 2011 by minnie

      I think the judge is totally wrong, the husband is the one that was and is guilty. the mother called 911. How can a woman ever stop a man from hurting a baby or child physically, short of shooting the husband. Who can proof she did not tried to get in between them too OR who can proof the husband had not done the fatal blow. A man can give a child ONE blow and a child is dead and he can do it in one second. Punishing the mother is insane, unless you can proof that the law had been called on the husband for abusing the child more than once and the mother still keeps him.

      Reply

    • September 10, 2011 by Larry Palmer

      Find her soul mate? I don't think she has a soul. She is an irresponsible child whose inaction resulted in the torture of an innocent child. She should be sterilized. Letting people like this reproduce is a crime. The husband should be beaten to near unconscious and then shot in the head.

      Reply

    • September 23, 2011 by GUYEAL SMITH

      A woman or man that does not protect their child with their OWN LIFE if need be is just as guilty as the one who hurt the child!!!!!!!!!!!!!!!!!!!!!!!! I am screaming this !!

      Reply

      • October 27, 2011 by ryan

        do you believe in the scriptures? if so, abraham was to sacrifice isaac, not to religion kick you, im just saying, who are we to judge one another? you may do something that i disagree with, dont mean that you are a bad person, you just went through something that i have yet to understand. pray for that person and also, that you may never go through that type of situation. we as people fear what we dont understand! quick to say what we wont do, not knowing what we will do.....i try not to judge but enlighten....

    • September 24, 2011 by tracie

      what degree of protection expected is yes - she should have stopped it at all costs even to harm to herself. i would die before i allowed anyone to harm anyone of my children including my adult children. to use the abuse card is senseless - many women put up with abusive relationships for even the lamest of reasons including myself having been there however had the abuse ever went towards my kids id have done ANYTHING to prevent them from being harmed even if it meant prison for life - at least theyd be alive and unhurt. no sane mother thinks differntly - no sane mother thinks oh gosh if i turn them in i might get hurt too. in other words her insanity is even worse in my book having alowed it in the first place. as for unhappy sex life - being not allowed children during that time isnt going to affect her sex life - she can have all the happy sex she wants - put her on the birthcontrol shots - supervised and documented - she can have kids after shes had time to think about it and hopefully if there were a next time shed pounce like a cheetah and defend that child to her or the perpetrators death if need be regardless of its age.

      Reply

      • October 27, 2011 by ryan

        every one with a comment: who are you? you speak as if you know whats to happen in the next hour! you dont even know what you will be doing in the next minute......you attack the next persons motive as if you know your own......it's a shame how everyone has something to say about the next, yet, hidden behind computers, all we see is words!!!! you can easily be that person you speak of!! my point is, in reading all these comments, who's to say the next casey anthony isn't behind these words? dont lose your grip of reality, it could be you next that others are typing about..... as a father of 2 young boys, all i can do is pray that i never witness the position of the next...... yet, i keep in prayer all that has w/o any judgment.......... be as it may

    • September 24, 2011 by Alissa Schroeder

      Really you think she was innocent? She could have left at any time to protect her baby, that isn't innocent. Not taking a child who is hurt to the hospital is not innocent. Go to a local shelter or police station if you are scared for your life or that of your child obviously he would be going to jail for beating the baby so you wouldn't need worry he would be home to greet you when you came back. I know women who have been abused and they left for the sake of their kids. They may have not cared about themselves but they were good enough mothers and people to know hurting a child was wrong. Sorry little baby your mom looked at your broken and abused body and turned away for her own purposes. You should not become a mother until you are ready to put that child before yourself. You have a responsibility to protect and care for children you have if not give them up to someone who can. Why should she have a right to have more kids she obviously doesn't care enough about them to take care of them. Also if he went that far it wasn't the first time for this behavior so she knew it was possible or that it had been happening. Its all call neglect and it isn't innocent. The only innocent person in this was the baby and future babies someone needs to protect them first, not an idiot mother. By the way anyone can have a child but it doesn't mean you earned the right to the title mom.

      Reply

    • September 26, 2011 by james

      first of all she didnt try to get it medical attention and second of all if that is the kind of man she decided to have a baby with in the first place then she is too incompitent to be trusted with a childs life.

      Reply

    • October 4, 2011 by joyce

      she more than likely knew that he was abusive before the baby came and should have left him before the child was born. wance they start abusing their spouse and they let it continue they are just going to continue and maybe some day kill them. men known to be abusive should be made to be sterlized so they can not have any kids and that way they will not be able to abuse them. that goes for women also. cps is not the answer they are more abusive mentally to the children because the child does not understand why they are being taken away from their parents especially at a very young age are it messes up their minds.one is just as bad as the other.women who wants to stay in such a relationship should take birth control even if they do want a child because having a child will not make the abuse go away as some people think. it just gives him someone else to be abusive to. if a man ever abused me the next time i would have me an equalizer ready and waiting and he would see how it feels to be abusive.

      Reply

    • October 10, 2011 by Joshua

      This didn't happen once. She covered it up and didn't report it. I could see if the kid was beaten once. There were several broken bones that had shown to have healed. This was going on for some time.

      As far as the probation, sure the judge can impose this. If she gets pregnant the only punishment will be a violation of her probation and prison time. The writer suggesting abortion or adoption, that's just crazy. Any common sense person knows the only outcome would be a violation of her probation as she did not adhere to the conditions. Duh!

      Reply

    • October 15, 2011 by George

      Twenty year-old Felicia Salazar admitted to a court that she failed to provide protection and medical treatment for her 19-month-old daughter.

      She should be in jail.

      Reply

    • October 16, 2011 by shannon redlin

      So pretty much all I can say is WOW you are an idiot. "Poor innocent woman"? Did you READ the article?! She ADMITTED to not getting the child medical care or protecting it. I know we don't have all the facts but we can definitely go with the fact that she's not a "poor innocent woman". Also your lamenting over her having not found her soulmate is completely ludicris especially since the article(that you didnt read) stated that the judge didnt say she coulnt have sex-which by the way isnt the way you find a soulmate-just that she couldnt have children while on probation. Learn to read Kar.

      Reply

    • October 18, 2011 by danny

      A suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation.

      Reply

    • October 20, 2011 by Victoria

      Wow, well, as an adult who was abused as a child, sexually, verbally and physically, I believe that my mother should have protected her child with her very life. As would for my children. I am a teacher and if someone came into my classroom and tries to hurt one of my students, I WILL protect them with my LIFE. Stand up and be the ADULT.

      Reply

    • November 1, 2011 by Kathy

      I am an advocate for domestic violence, spending time working at my local SAFE Home before marrying, having my own child, and going back to college (Human Services, btw). There are organizations (such as the one I worked at) which protect battered women and their children, often at the expense of their own safety. If would have been an ideal situation if Ms. Salazar would have known about these services. Or who knows, maybe she did? I have seen many instances where we valiantly advocated for women, only to have them return to the abuser. “He loves me, and he’s promised he will change”, only to return to us again after another beating.

      Per your quote, “Child abuse will be if she was watching TV while her sweet heart feed his evil heart on the baby’s helpless body.” Although you have a right to your opinion; child is physical, sexual, or emotional mistreatment or neglect of a child. And legally, this includes the failure of a parent or caregiver to act. The failure of a parent to protect their child is, in my opinion, is as bad as the one who inflicts the abuse. Maybe more so, as I am a mother, and my husband, lover, boyfriend, etc. would have to beat me nearly to death or not flat out kill me to get his hands on my daughter. Personally, I feel if only 10 years’ probation had been her only sentence, it would be a travesty. She is only 20, and she has 10 years to find her ‘soul mate’ (hopefully one that doesn’t use babies as punching bags) and will be 30 when released from probation. During this time, maybe she will seek counseling, grieve the loss of the child she let be beaten almost to death, and have the mental and emotional maturity to try again. If she doesn’t do any of these things and continues to seek out abusive partners, I can only hope she will be unable to conceive again. And if she does, hopefully someone will step in for the poor child and it will taken before this situation becomes a repeat. If not, then the heck with probation, toss her in prison along with the scum. Her actions thus far have shown she doesn’t deserve to be a mother.

      Reply

    • November 8, 2011 by Vex

      Dear stupid person,

      A parent is expected to die for their child.

      Sincerely, Vex

      Reply

    • November 23, 2011 by bob

      Hey, Austine Kar, did you even bother to read the article? Evidently not, because if you had read it, you would have noted that she failed to provide protection and medical treatment for the child. She actually got off easy, and should have been put away just like her child-beating father! Keep working on that GED Austine...

      Reply

    • November 27, 2011 by mrs. towns

      maybe you missed the part where the mother ADMITTED to not providing protection OR obtaining medical treatment for her child--essentially, she covered it up. to me, this says she chose her man over her baby. as a mother of three little girls, this is utterly appalling to me. if it had been my child, and my husband, he would have been dead before i got the chance to call 911. i would willingly put myself in danger to keep my child safe, and she should have done the same. THAT is providing protection.

      Reply

    • December 27, 2011 by DJ Fortenberry

      Are you guys kidding me? Can you not read? She was sentenced because she didn't take the baby to the hospital or seek any medical treatment after the abuse...clearly a criminal offense and clearly something punishable by the court system!

      Reply

    • December 30, 2011 by LYNN

      She was and adult with all ten fingers and we should feel sorry for her. She could have called 911 at any time. And before you do you should wonder how many times she sat back and did nothing while her child who couldn't defend itself was beaten. But if the judge is going to order her not to get pregnant he should followed through with monthly checks or some other kind of system to keep her from getting pregnant again. And if she were to get pregnant the child should be carried to term and then given away.

      Reply

  • October 24, 2008 by George Murnane

    While I don't think that someone should be prohibited from having children, I do think that if a parent has a history of being a bad parent, any child they have should be taken from them until they can prove they are good parents. Also, I believed that we should offer better birth control options because birth control can prevent abortions, child abuse, and unburden the child protection services.

    Reply

    • December 1, 2008 by Karen Smith

      How do you gauge a "good parent". What will the criteria for that be? I see a feeding frenzy for the lawyers! Also, the presumption in error is that these women would WELCOME BC....truth is that they usually WANT babies and kids....that is their source of love when living with an abusive man. They don't report or seek medical treatment out of the fear of having the child taken away from them for not being able to stop HIM!

      Reply

      • August 18, 2011 by Bob Henning

        What are you some BS Attorney? Get a Brain. What constitutes being a good parent is doing everything in your power to Love and Protect your Child.Quit splitting hairs and Mincing Words just to try and sound intelligent. She Admitted she DID NOTHING while her INFANT CHILD was being Beaten and Its bones were being CRUSHED AND BROKEN. I believe the CRITERIA for being a good Parent is somewhere above that, don`t you agree SMART GUY.

      • September 4, 2011 by Ozzi

        I agree. There is no reasonable ideal definition for "good" parenting. Nobody would be allowed to have kids. We would have overly strict parenting or overly lax parenting.

        Should the government be setting rules on a personal issue, when government cannot afford to enforce the rules? The government has set rules before and botched the enforcement. The cost of enforcement is prohibitive and often damaging to both the individuals and the community which is why society is such a mess today.

  • October 25, 2008 by Jenn

    In this article it stated that she did not seek medical treatment for her baby who had broken bones and other injuries. How long did her baby suffer before she decided to get her help? Her responsibility and duty as a mother is to protect her child. I stood up to my abusive ex-husband and suffered terribly in order to protect my toddler son. I was only a year older than the woman in this case. There is no excuse for her neglect. By ignoring the problem and allowing him to abuse this baby, she is just as guilty. I looked this story up further and it states that she and the father gave up parental rights so this baby is free from their abuse now. I don't think that probation of any kind is strong enough punishment for this woman. She doesn't ever need to have children. She and her lawyer did not object to the judge's ruling. That makes me think that she doesn't want kids anyway. So, this won't be much of a punishment for her in the first place.

    Reply

    • July 10, 2010 by Sandy

      I agree. There is no excuse for not protecting the baby after the first time she was injured. When you are a mother you do what you have to do. This, unfortunately, is not a rare case, only the sentencing is rare. As for CPS, I would not want the safety of my children in their hands--overworked, under-staffed, under paid, lay-offs, turn-over etc. The baby is in foster care--how safe is that?

      Reply

  • October 25, 2008 by Cecily

    By not protecting her baby and not immediately obtaining medical assistance, she was acting as an accomplice but prisons are full and incarceration is expensive. But imposing the condition that someone not have children for ten years without imposing a preventive means is merely presenting a "paper tiger" sentence. Mandatory insertion of an IUD would not interfere with her "fundamental right" to have children since it could be removed after ten years.

    Reply

    • November 15, 2008 by Newby1961

      I may be a little dense but what the heck is a"paper tiger sentence"?

      Reply

      • August 14, 2011 by cerista

        One that seems harsh but is in truth unenforceable.

  • October 27, 2008 by Vix

    Should licensing be required before allowing people to become parents? Think about it, how many children would be saved from pain and worse if people were required to obtain a license to become parents? Everyone has the right to own vehicles, but you may only operate them if you have a license. Everyone has the right (duty?) to provide first aid, but only those licensed may practice medicine. Yes, what does one have to do with the other, consider what the roads would be like if no one were required to prove they were capable of operating a motor vehicle? What would medicine be without licensed doctors? Now, what would the lives of children be like if people were required to be licensed to have children?

    Reply

    • November 9, 2008 by David Dimon

      My friends and I have often joked that you should need a license to have kids. We're forced to take tests (written and driving) to get behind the wheel, but anyone can have, and raise, kids. Why not require a license? We need one to get married, why not follow up with one to have children? Now, I know the ACLU and the rest of the lunatic left would be the first to jump on this,but I think it deserves to be discussed. Personal choice is not always personal. Laws have been enacted to regulate things that were once thought personal issues. Seatbelts, smoking bans, helmet laws, and drinking & driving were all, at one time, considered personal decisions personal decisions. But now, in most states they mandated by laws. The simple answer as to why is because it was realized that the consequences of thier use, or lack of use, was affecting more than just the user. Second hand smoke was making people sick and costing money in terms of healthcare, manpower and resouces. Motorcycle accidents with riders w/o helmets also cost in money and man power. When a personal freedom/dicision issue starts to affect those not involved in the decision making process we have always (mostly) co-opted those personal decision and made them public policy. Why should raising children be any different? Isn't there a cost to poor parenting borne by those around us? Social services, healthcare, foster care, mental illness, lost wages, and more things than I can list are all caused by parental neglect and poor parenting skills. Requiring licenses to have kids seems like a good idea. At least that way, society would have a better bet that the people having children understand the roles they play as parents, are moderatly equipped to make good decisions and, at the very least, would be looking out for the welfare of the child. It would help everyone become more prepared to parent and not rely on teh hit and miss system we have now. But then, that's just my opinion.

      Reply

      • November 14, 2008 by Staples

        In many respects, I would be a member of the "lunatic left" that you speak of; however, I fully agree that people should get a license to parent. A certain amount of stability, intelligence, and common sense should be demonstrated before being allowed to bring a new human being into the world. In fact, I'm in favor of forced sterilizations in certain cases (e.g. the drug-addicted mother that keeps having drug-addicted babies that end up wards of the state, the parent who willfully neglects a child while it is being abused, the abusive parent, and most of all child molesters). If you ask me, they've lost their chance to reproduce, so we should take the ability away.
      • August 12, 2011 by cj

        Not a bad idea, At the same time why don't we require a license to have sex. If your parents had required a license to have children, you likely wouldn't be hear to have made these comments. I likely wouldn't be here to leave this reply,

    • November 15, 2008 by Christine Zurhellen

      Great idea, I like your thinking.

      Reply

      • September 6, 2011 by Marsha

        Yes, I wouldn't be here to make the comments but who really cares? I wouldn't know any better and my parents wouldn't have had 7 kids. It would have been better for our entire family if they stopped after 1 or 2 instead we had a life of struggle, it was great! keep having them

    • October 11, 2009 by Lisa M. Muniz

      As a parent of 5 children and past abuse I can tell you I would rather take the beating than my children. Nobody has the right to hurt a child in that manner, that's why there are child abuse laws. In regards to licensing a parent, I have sided with this argument for years. Too many people are becoming parents with no skills or knowledge whatsoever!! I myself am regretful that I gave birth to my first child with no real conception of the responsibility to another human beings welfare for life. If it weren't for teenage parenting classes I would have been lost. yes maybe licensing is a little extreme but we should at least be required to take a course in parenting.

      Reply

      • August 18, 2011 by Kathy

        If you require a license to become a parent, what do you do if someone becomes pregnant and is not licensed? Do you force them to have an abortion, put the child up for adoption, make the child a ward of the state, or what?

  • October 30, 2008 by Aitch

    Could a comprehensive sex education, age appropriate, help irresponsible people attempt to prevent pregnancies? Why do we have an arbitrary way of enforcing justice? Sometimes good parents go to jail because their child was truant from school. Yet, we don't always put known narcotic users or people who abuse their spouse or children in jail. Sometimes rich people get off light on a sentence (Libby, Enron) for a crime some other state might punish a poor, disadvantaged person with a sledge hammer. No law is ever interpreted fairly across the board and that scares me. Instead of creating some law that would possibly make things worse, could we create an initiative, that is actually funded, to make community centers (or use town halls/schools) that offer free parenting classes on a variety of topics. If you seem at-risk, come from a family of abuse, criminal activity, drugs, and are under 25, then these classes are mandatory. And an incentive to go would either be cash (part of the initiative) or needed household items. Yes, bribe them for the safety of the children and our country. Just some thoughts. What do you think?

    Reply

    • October 30, 2008 by Cecily

      I do think an age-appropriate "life education" curriculum beginning perhaps in pre-school and continuing through high school would save money in the long run. This might include various topics--again as age-appropriate, including sex education, self worth, the need to graduate from high school (or higher), the eventual need to support yourself, staying drug and alcohol free, and so forth. Portions of this curriculum could even be incorporated in other courses. If this approach was successful, lives of more than one generation could be saved, and tax money would be saved also.

      Reply

    • September 10, 2011 by Maria la O

      I agree with you on the idea of having centers to educate and support parents. Where the assistance to the parents would not involve a lot of intrusive intervention. Part of the reason that some families do not seek help, is because they fear the loss of their children, or their privacy and freedom.. Or, in the case of the abusive partner, the loss of protection financial or otherwise from this partner. Most people forget that the abuse is just one part of the relationship. In addition to this, not everyone is equipped with the emotional strenght or economical means to survive on their own. They do not have the necessary strenght to be able to stand on their own and face a life with children as a single parent. Away from the abusive partner. Perhaps these classes should provide them with empowerment and information to be able to manage the situation at home on their own. And help them realize that there are resources and a support system to help them, should they elect to junk the relationship.

      Perhaps some assertiveness therapy and practical survivals skills classes. Along with proper child rearing methods could help these women. I for one, chose to flee. less than 2 months into the marriage, I separated from my very young, but very mean husband. I had a baby girl, and 2 years later, I got a divorce. Never to look back. At 18, I was very lucky to find my way to the Job Corps Program which provided me with training to find my first job. They were like a mother should have been to me. My daughter is going to be 40, about to become a nurse. she has been productive and an excellent wife and mother. I have 2 more younger children, male 23, and female 21. On their way to become . They have never known abuse. Because I knew my worth.

      Reply

  • October 30, 2008 by celeste

    I agree that this one is tricky. Parents, adults, and nurses, doctors - all have the legal responsibility to help children that are being abused and may need medical attention. Do these laws work perfectly? Obviously, no. I don't think that this problem has an easy answer. ANY responsible adult, parent or otherwise, who is taking care of a child-should get medical attention for children who are being abused period. Yes, if it means a child is taken away, so be it. That parent should prove they are a fit parent. Bottom line, children are helpless, and there is no excuse for a mother knowing their child was abused by a partner or anyone else, and waiting to get medical attention for that child. That is a criminally negligent act which is punishable by law.

    Reply

  • October 31, 2008 by Anna

    I agree and disagree. Yes she deserves punishment because no matter how scared she was of him she could have either tried to stop it or she could have at least taken her to the ER to have her checked just in case something was wrong. Just because she had broken bones doesn't mean that the mother necessarily knew they were broken. She should have taken her to have her checked out, I know I would have. The only part I disagree with is that she didn't actually abuse the kid, he did. Yes he is in prison for 15 years but yet when he gets out he can have more. I think they should have fixed him so he couldn't. That is just wrong in 15 years he can have more but she has to wait 10, and if she wants to, may have problems because of age. They should have put her through parenting classes and such and not let her have one until she could prove that she is a good mother.

    Reply

    • October 31, 2008 by Cecily

      I agree with Anna.

      Reply

      • November 3, 2008 by Vix

        As part of becoming licensed to have children, parenting classes would be required, as well as mental stability tests... Why is it that so many children have to be hurt before parents are required to take parenting classes?
    • September 4, 2011 by Ozzi

      She probably did not have the money to go to the ER. ER visits are the most expensive visit. And the hospital will pressure you if you don't have insurance.

      Reply

  • November 3, 2008 by Cecily

    In truth, I think it would be very hard to enact a law requiring parenting licenses (not that I'm against it). For one thing, many people (including the judge in this case) regard reproduction as a "fundamental right". What if a private foundation offered a "sterilization bounty". The only direct actions of government would be to: 1 Enact a law that reversal of tubal ligation or vasectomy would be illegal (except in the case of the death of a child--that is where the "licensing" could come in, and (2) agree not to tax the sterilization bounty. The details would be that any man or woman between the ages of 18 and 45 would receive $10,000 if they would have tubal ligations or vasectomies. (The actual surgery would paid by Medicaid or private insurance, would save them money in the long run.) The recipient could spend it on anything he or she wanted to--college, drugs, his or her other children, spa days, whatever. No strings.

    Reply

    • November 5, 2008 by Vix

      Enacting any law (other than pay raises for themselves) is difficult with our government. Offering a bounty, making reversal illegal??? Wow. I was thinking more along the lines of implants for both male and female. No matter how you look at it, something more needs to be done to keep people who either do not want children or are not capable of taking care of children from having them.

      Reply

      • November 5, 2008 by Cecily

        Yes, you're right. Enacting any law (except pay raises for themselves) is difficult for them. Implants would be okay except that they are temporary. (One person could collect the "implant bounty" more than once.) One highlight of either bounty would be that each person would choose for himself or herself whether or not to do it. Since it would be privately funded and non coercive, there could not be rational charges of "discrimination" against any particular group. Even people who had planned to be sterilized (or implanted) anyway would welcome the bonus. People who hadn't thought of such things would have the opportunity to do so.
  • November 6, 2008 by Pasquale Bottiglieri

    We probably do not have all the facts in this case. First, it is inconceivable that this incident of violence was not a part of a long string of such incidents, much of it, probably, aimed at the woman. People who are subjected to long term violence and the loss of sanity it produces are, in many cases, unable to act, even to protect themselves or their innocent child. As a vocational instructor for incarcerated adults, I had a female student, a long term crack user, removed from class and ordered by a judge to give up all of her parental rights to her children, in effect to no longer be a parent. The judge in this case attempted to establish a similar injunction on behalf of, in this instance, an unborn child. I believe that decision may be stretching the power of the law, under this constitution at least, to if not beyond it's limit. In addition, I think enforcement would be impossible and would bring about even more complex legal problems. I do not wish to understate the complexity of that question but rather to point out that (a) with treatment and protection from violence (b) in the absence of any other circumstances (drugs, a history of criminal behavior, etc.) and (c) with any promising indication from the mother, there might well be a chance for successful rehabilitation on her part. Placing her existing child, or children, in safe hands makes very good sense and a court order protecting them from any harm from either party also makes sense. Court ordered counseling for an extended period of time with explicit mandate to monitor any conduct that might lead to yet another unwanted, endangered child. Given the serious nature of the attack on the child, even though the woman herself did not commit the violence, the court, as this case develops could eventually see clear grounds for permanent separation from her children.

    Reply

  • November 8, 2008 by PAMS SWEET HUGS

    I think any mother who allows their child or any child while she watches the crime.. to be beat or harmed in any such way should be made to be sterilized.. she doesn't deserve the right to even be around a child, just like a predator.

    Reply

  • November 12, 2008 by stacy gregory

    In most Judges Courtrooms as of late it has become the norm to take the child from the mother upon birth, just as they do with children born addicted.

    Reply



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