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Case Study Jeremy's Case

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Jeremy’s case is also distinguishable from the present case, because here, the Department is not dealing with a child who has exhibited any aggressive or destructive behavior that would cause the department to be concerned for the safety and wellbeing of the child. Id. Nor is the Department dealing with a child who is in need of psychiatric care Id. Instead, the Department is dealing with a child, who is physically and mentally healthy. Id. The Department’s only justification for Stephanie removal is based on the fact that Stephanie’s nursery is located on the grounds of MCI, Framingham. Id. There is no other rational justification beyond this fact that the Department can provide. Id. There is no doubt that DCF is required to make reasonable efforts to strengthen and encourage the integrity of the family before commencing an action designed to sever family …show more content…

See Dep't of Pub. Welfare to Dispense with Consent to Adoption, 421 N.E. 2d 28. (1981). This is not the case for Stephanie and her mother. Id. In the case at hand, DCF is seeking to sever baby Stephanie from her mother, by removing the child from the prison nursery and placing her with her paternal grandparents, before the Department attempts to make every reasonable effort to ensure that the child could continue to remain with her mother. 421 N.E. 2d 28. Here DCF is not seeking to strengthen and encourage the integrity of Stephanie’s family; instead, DCF’s mission is to weaken and discourage the integrity of a mother and daughter’s bond, consequently destroying their family. Id. The Department has not complied with its own regulations of making every reasonable effort to encourage and assist families to use all available resources to maintain the family and keep the family unit intact. Isaac, 419 Mass. 602; 110 CMR1.01: Principles and Responsibilities of

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