It seems that Pennsylvania is one of only 11 states where convicted killer parents wouldn't have their parental rights terminated more or less automatically. Kudos to state senator Lisa Boscola for taking a principled stand on this issue.
Hat tip to L.
http://articles.mcall.com/2010-07-05/news/mc-murder-parents-rights-20100705_1_parental-rights-fairlie-godshall-partial-custody-or-visitation
'Why should he have any rights?'
Kimberlee's Law seeks to negate rights of parent convicted of homicide.
July 05, 2010By Jenna Portnoy, OF THE MORNING CALL
Seven years after Kimberlee Godshall Carl was killed by her husband, the victim's mother wants to stop him from communicating from prison with their little girl.
"I just want him to have no rights," Fairlie Godshall of Coopersburg said. "Why should he have any rights at all?"
A bill introduced earlier this year by state Sen. Lisa Boscola would terminate parental rights if the perpetrator is convicted of homicide or committing other felonies against the other parent.
This legislation would "advocate for the protection and safety of young children in the wake of such violent situations," Boscola said in a statement. "It is downright outrageous to even imagine that a parent who took another's life, especially their spouse's life, would still be allowed to have a hand in the decisions for their child's future."
Joel Carl was sentenced to life in prison without parole for fatally stabbing his wife of 17 months in their Emmaus home in November 2002. When police entered the home, they heard the daughter, then 1 year and 3 months old, crying upstairs.
A custody battle ensued between both sets of grandparents, but a judge ultimately awarded Fairlie Godshall's son and his wife custody. The girl, who is now 8, suffers learning disabilities which Godshall believes are a direct result of the trauma involving her parents. A fund has been up to help pay for her therapy and specialists.
Letters and drawings Carl Joel sends her from prison confuse the girl and may prevent her from overcoming her struggles, Fairless Godshall said. She said the girl should be free to communicate with him if she wants to when she's 18, and can decide for herself.
But prisoners' rights groups argue termination of parental rights should be up to a judge.
Angus Love, an attorney and executive director of the Pennsylvania Institutional Law Project, said existing law cuts imprisoned parents off from their children in cases of abandonment or repeated and continued neglect. A convicted murderer could be subject to either provision, he said.
"It's a very serious matter that can only be dealt with in a court of law, where he can have a chance to defend himself," Love said. "You have to trust the judge. This is all part of taking the judge's discretion away and trying to put them in a straitjacket."
Although he's not familiar with Boscola's bill, Love said laws like the one dubbed Kimberlee's Law are a result of politicians trying to get tough on crime without considering the consequences.
"You never know what will happen 25 years from now," Love said. "Maybe the guy can be rehabilitated and the family will want her to have contact. It's rare, but you never know."
Heidi Markow, an advocate for domestic violence victims, disagreed. State law prohibits a parent who murders the other parent from having custody, partial custody or visitation, but Pennsylvania is one of only 11 states that does not recognize a felony conviction as grounds for parental termination, she said.
"Kimberlee's no longer here," said Markow, whose own sister Robin Shaffer of Quakertown, was fatally shot by her husband six years ago. "We have to remember the victims. We hope legislators will remember the victim's families."
Markow of Williams Township has pushed for the passage of Robin's Law, which would force repeat domestic abuse offenders to notify authorities when they move into a neighborhood. The proposed legislation is similar to Megan's Law for sex offenders.
