New Proposal Looks to Reform Michigan Foster Care Law

Posted: Jan 20, 2011 |Comments: 0 |

Losing custody of your children for any reason is a heartbreaking experience. The heartbreak is compounded for those accused of criminal charges who could potentially lose their parental rights. Any experienced child lawyer in Michigan can attest–just because a suspect is found not guilty or the charges are dropped, it does not mean that child custody will be regained. In fact, a recent case reported by The Detroit News shows just how difficult it is for parents to not only retrieve their parental rights, but also change foster care law so other children are not unnecessarily removed from their families.

In 1985, Dearborn residents Ahmed and Rehab Amer had their world shattered when their three children were taken from them and placed in the Michigan foster care system. At the time, Rehab was accused of killing one of her children and was ultimately taken into custody as a result. The jury eventually acquitted her, and the deceased son's caused of death was changed to accidental, stemming from a rare bone disease. Despite this, neither of her surviving children were returned to her. In fact, a fourth child was taken from the Amer's nearly four months following the acquittal.

During this time however, the two children in the foster care were adopted, and raised in Oakland County. Even though the Amer's are Muslims, the adoptive parents changed the kid's names and raised them in a Christian home.

Today, the Amer's and their children have a rocky relationship, largely because they were raised believing that Rehab killed their brother. Had they been raised by a relative qualified to be a foster caregiver, the family reunification process could have worked to rejoin this family–not separate them further.

To prevent the same situation from occurring to other families, the Amer's worked to develop legislation that would give the children in question to relatives before the state-run foster care system–a cheaper alternative for the state than licensed non-relatives. Although the Department of Human Services generally gives preference to relatives, bill HB4118 would legally require it. Known as the Amer Act, the legislation was initially introduced in 2005, but reintroduced again last year. Unfortunately, the bill has sat idle in the Senate Committee for Family and Children's Services awaiting decision, despite the best efforts of Rehab to raise awareness for the cause.

The example of the Ahmed and Rehab Amer show just how life-changing losing parental rights can be. Entire families can be torn apart, especially from preemptively removing children from their relatives and immediately placing them in foster care. Such a situation would leave any parent with several questions regarding their options to regain custody of their kids. Navigating the complex legal process is difficult, and without knowledgeable legal assistance, one can be pointed in the wrong direction. But by contacting a hard-working and aggressive child attorney in Michigan, it is possible to fight for your rights as a parent and win. By using tactical legal advice and legal representation, experienced counsel will fight hard to not only protect your freedom, but keep your family intact as well.

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