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Offlinebodynotdead
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NYACLU SAYS COKE-ADDICTED STREET RATS HAVE RIGHT TO HAVE CHILDREN
    #7466468 - 09/29/07 06:36 AM (16 years, 4 months ago)

http://hosted.ap.org/dynamic/stories/P/PROCREATION_BAN?SITE=FLTAM&SECTION=US
Sep 28, 11:44 PM EDT

Procreation Ban on Homeless Pair Tossed

ROCHESTER, N.Y. (AP) -- A family court judge overstepped her authority by ordering a drug-addicted homeless couple to have no more children, a state appeals court ruled Friday in overturning the ban.

Judge Marilyn O'Connor banned Stephanie Pendleton and Rodney Evers in 2004 from having more children until they could get back the four children they lost to foster care, three of whom tested positive for cocaine at birth.

Pendleton, now 38, challenged the ruling.

"We conclude that the court had no authority to prohibit (Pendleton) from procreating," a five-judge panel of the Appellate Division of state Supreme Court wrote.

O'Connor had directed Pendleton and Evers to seek family planning services, parenting counseling and treatment for drug addiction.

"All babies deserve more than to be born to parents who have proven they cannot possibly raise or parent a child," O'Connor wrote. "This neglected existence is an immense burden to place on a child and on society."

That ruling drew fierce criticism from civil libertarians, particularly the New York Civil Liberties Union, which filed a friend-of-the-court brief in the appeal arguing that the ruling effectively required Pendleton to abstain from sex, use birth control or be sterilized.

The appeals judges denied O'Connor's contention that her right to declare a "no pregnancy" order is implied in a section of the law that allows a judge to impose medical treatment.

The appeals decision doesn't affect O'Connor's finding that the children were neglected, nor a ruling that their parents should be stripped of their parental rights. All four of Pendleton's children are in new homes.


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"absolute power corrupts absolutely".
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OfflineBooby
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Re: NYACLU SAYS COKE-ADDICTED STREET RATS HAVE RIGHT TO HAVE CHILDREN [Re: bodynotdead]
    #7466503 - 09/29/07 07:11 AM (16 years, 4 months ago)

New York is an excellent state to become a ward of. I've heard of cases where kids get $5000 when they leave the system, all payed for by the taxpayer of course.


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OfflineTomInWonderland
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Re: NYACLU SAYS COKE-ADDICTED STREET RATS HAVE RIGHT TO HAVE CHILDREN [Re: bodynotdead]
    #7466629 - 09/29/07 08:28 AM (16 years, 4 months ago)

I am not quite clear on if this crack head homeless couple are actively trying to have a baby and were not allowed or was this an overturned ruling just for the principle. If their four children they have are already in foster care would it not be safe to assume that any other crack head spawn they had would have the same destiny.


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Offlinerubixcubies
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Re: NYACLU SAYS COKE-ADDICTED STREET RATS HAVE RIGHT TO HAVE CHILDREN [Re: TomInWonderland]
    #7467745 - 09/29/07 04:51 PM (16 years, 4 months ago)

big fucking deal. if you were homeless and crack addicted youd wanna have babies too.


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Offlineouthere4
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Re: NYACLU SAYS COKE-ADDICTED STREET RATS HAVE RIGHT TO HAVE CHILDREN [Re: rubixcubies]
    #7469174 - 09/30/07 05:59 AM (16 years, 4 months ago)

fuck no I wouldn't want to have babies too. I don't want to have kids until I straighten my own life out to a tolerable degree, which I feel I have. Nonetheless, any mother who does drugs and especially harder ones such as coke doesn't deserve to carry a child in the first place. You may say thats cruel, however, the subsequent evolution surrounding those riddled lives will prove, subjectively, far crueler.


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OfflineTomInWonderland
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Re: NYACLU SAYS COKE-ADDICTED STREET RATS HAVE RIGHT TO HAVE CHILDREN [Re: outhere4]
    #7469714 - 09/30/07 09:48 AM (16 years, 4 months ago)

And as a believer of freedom and the right to do anything one wishes to do without any government interference unless you abridge the right of another individual this instance falls under this for me. I mean she should be able to have a baby. But being a crack head and having a reputation of having her previous children taken away she will be abridging the rights of the newborn child instantly. Especially if the baby was born addicted to crack at the state had to take the baby away.


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