Maureen and Margery - you raise some very interesting questions!
Maureen states: " Why are these mothers not being encouraged to sue for huge
damages for what has been so needlessly and negligently done to their
breastfed babies, their present lives and their future health? "
I believe that some day you will see legal cases seeking damages for illness
to baby or mother as a result of formula resulting from termination of the
breastfeeeding due to mismanagement. However, I doubt this will arise with
the breastfeeding relationship terminated as a result of a baby placed in
foster care. Part of the reason for this is that the issues raised by a
SSA, and a mother/baby's rights are very different in this setting. SSAs in
the US are in a state of crisis. Case workers are overworked, underpaid, and
often undereducated. They have a most serious job in every case - determine
if a baby is at risk. A mistake can cost a child their life, and this has
happened too many times to ignore. The system can be grossly unfair, and
make huge mistakes, but no one has come up with anything else that could
work most of the time (or at least a large majority of the time).
That does not mean I think nothing can be done about this. I have made it
my business over the past four years to become involved in every SSA case
involving breastfeeding that I hear of. I have spoken to numerous case
workers, supervisors, attorneys for the SSA, etc. I have educated them in
regards to direct breastfeeding issues - extended breastfeeding, or failure
to thrive, and indirect breastfeeding issues - effects of separation on brf.
relationship. I have also been very successful at doing this, as these
people rarely have accurate information. You might find my article "Extended
Breastfeeding and the Law" interesting - it can be accessed from LLLI's Web
Site. (see www/prairienet.org/llli/lawmain)
Maureen, you say: " How dare anyone take a breastfed baby from its mother?
If she needs help, she needs it with her baby. If her baby needs help, baby
needs it with mother."
I agree 100%. However, our SSAs, and entire legal system is a reflection of
society's standards. Until our society becomes more accepting of
breastfeeding and the mother child bond, we will continue to have problems
in this area. Keep in mind that the SSA is not supposed to put any baby in
foster care, unless there is no other reasonable alternative. As a matter of
fact, their federal funding is dependent on alternatives to placement.
Educating about the effects of separation, on bonding, on breastfeeding,
etc. is the one step we can take. Helping the breastfeeding mother to
handle the situation properly is another. For instance, mothers need to
give information about these issues immediately, to everyone concerned, and
to also help allievate fears about the child's safety pending an investigation.
Keep in mind that many mothers can prevent removal to foster care by looking
at what the concerns of the SSA are, by showing how the child will be safe
while they investigate the case, and by providing reasonable alternatives to
placement.
You suggest: " What about a charter for breastfeeding rights that binds
so-called social welfare agencies to respect these bonds? There's a project
for ILCA."
I'd like to see legislation, or at least education to all SSAs on the
importance of breastfeeding, and that every alternative be looked at before
removing a baby from its mother - breastfed or not!
Margery, you state: "The attorneys who represent "our side" face wholesale
discounting of the risks--if not outright ridicule--when they bring up the
hazards of abm."
Yes, this is a common obstacle - another reflection of society's attitudes.
And although not every case is resolved through education, there are ways to
increase the chance of success in this area. Getting the baby's pediatrician
to order the baby to be fed breast milk may be more effective than an LC's
recommendation. Unfortunately, there is a hierarchy that is basically
recognized in the legal system - the best witness is the baby's ped. Second
is another ped. Third is an LC. Last is a LLL Leader. Also, it can help
much to find out what the other side's concerns are, and to address those
concerns. This is not a guarantee for success, but it can help.
"The social worker(s) and judge refused to order the foster mother to use
the ebm (and they were provided with hazards info...)"
This is sad, but I will tell you it is much harder to get them to take and
use the breast milk when they see no alternative to placement. I'd rather
work on why the baby was in foster care to begin with, education on the
effects of permanent weaning (the legal system hates anything that is
irrevocable... permanently altering the status quo... actions that cannot be
undone), and how they can be reunited faster.
"BTW, the birth mother was allowed one hour per week to visit the baby (so as
not to upset the foster family) and *the baby nursed avidly on every visit.*"
One hour visits are pretty standard, and this is another area that needs to
be changed - breastfed baby or not!!! Unfortunately, there is usually not
the time or staff to arrange for more frequent visits. I'd love to see
legislation on this!!!
"As long as bottles and formula are seen as benign icons of infancy we have
little hope of convincing a court that breast is best."
This is the sad state of our society. However, every case that is resolved
favorably changes things just a bit. Every positive case makes good law,
and more examples for other courts to follow. Even one bad case can affect
every breastfeeding mother. It is so important for us to continue chipping
away at this problem bit by bit - case by case.
And Maureen, I must say how glad I am to communicate with you. Your book
"Food for Thought" helped me more than anything in sorting out the food
allergies my breastfed babies had. I hope the book is still in print - I am
endlessly recommending it to every breastfeeding mother with an allergy
situation!
_______________________________________________________________
Elizabeth N. Baldwin, Esq. Baldwin & Friedman, P.A.
2020 N.E. 163rd St. # 300 N. Miami Beach, Fla. 33162-4970
Phone: 305-944-9100 Fax: 305-949-9029
[log in to unmask] http://www.parentsplace.com/shopping/esq/index.html
Breastfeeding and the Law: http://www.prairienet.org/llli/LawMain.html
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