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M.L.B. v. S.L.J. Parental Termination, Record Transcript Costs, and Poverty

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M.L.B. v. S.L.J. Parental Termination, Record Transcript Costs, and Poverty

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    3. Termination of Parental Rights Described by the Illinois Supreme Court in In re D.T.: Two private interests are at stake: Parent’s interest Care for child Child’s interest Safe home One public interest is at stake: State’s interest Protecting children through parens patriae, facilitating adoption, and minimizing administrative costs

    4. Unfitness Ground for termination of parental rights Divergent interests: Child’s interest realigns: Parent/Child interest becomes Child/State interest

    7. Melissa Lumpkin Brooks Rural roots: mother was a factory hand and father worked in a sawmill Met Sammy when she was 15 Married Sammy 5 months later when she found out she was pregnant Quit school at 16 to raise her child

    11. Janet Staunch Christian Improves the children’s behavior and schoolwork Alleged that Melissa never visited with the children: “you can’t treat kids like that, love them one minute, put them on hold and then love them again...It would be too emotionally damaging.”

    12. Junior Brooks Melissa’s childhood friend Married Melissa in 1993, one year after divorce Served prison time for grand larceny and assaulting a police officer Violent with Melissa but not with children

    14. The Underlying Order Mississippi requires clear and convincing evidence for TPR No specific evidence cited in order Chancellor cited the statute word for word

    28. Trend is to limit MLB Green v. Mortham Florida filing fees for access to congressional ballot... Denied because outside of TPR scope In re Josha M California family reunification services are not within scope of TPR JRT v. Harrison County Family Court Mississippi TPR appeal where petitioner was not indigent denied In re Adoption of KLP Illinois refuses to extend MLB to provide a lawyer during TPR

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