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Petition created by: shaunquavia tolbert

This petition is to bring under review section 161.001-161.007 of the Texas Family Code. Laws D,E, and O of this section should be rewritten. Law D, states, "knowingly placing/allowing the child to remain in condittions/surroundings that endanger the physical/emotional well being of the child." This needs to be proven before the inital removal of the child. Because, the evidence has to prove there is physical harm being done to the child or a psychologist needs to prove that there is emotional trama to the child. How can a caseworker make such an accusation without out having a degree in psychology? Law E, states, "engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child". My question to you is how would one know that the person they are trusting his/her child with will do anything to endanger the child? So, in order for this law to stand the state would have to prove that the parent knew that the child was endanger. what if the state terminated you on this ground, yet they did not prove that you knew your child was in any danger at all? How can this law still stand? Finally, there is Law O, it states, "failed to comply with the provisions of a court order that specifically established the actions necessary for the parent to obtain the return of the child who has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services for not less than nine months as a result of the child's removal from the parent under Chapter 262 for the abuse or neglect of the child." If a parent fought and complied with 90% of the service plan to the best of their ability how can you say they did not comply? Are we not human beings will we not fall flat on our faces, but still we rise to learn from our mistakes.


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How can we as a state sit back knowing that everyday people fall victim to these very laws. I ask you to agree with me when I say that the state should have to prove at least three of the numorous grounds for termination and that D,E, and O be rewritten. I also, ask that you agree with me when I say that any one who was terminated on these grounds should have the right for a new trail, because an unjust law is no law at all. What about our children?

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