Judge Orders No More Kids

[Dr. Shane]

Travis judge tells woman to stop having kids

A judge in Travis County has ordered a woman to stop having children as a condition of her probation in her case of injury to a child by omission, an extraordinary measure that legal experts say could be unconstitutional.

The order was for Felicia Salazar, 20, who admitted to failing to provide protection and medical care to her then-19-month-old daughter last year. The girl suffered broken bones and other injuries when she was beaten by her father, Roberto Alvarado, 25, who was sentenced to 15 years in prison. Alvarado and Salazar relinquished their parental rights, and the child, who has recovered, was placed in foster care...

Conditions of probation are enforced by putting a defendant in jail or prison when they are violated.

It is doubtful whether Baird would or could do that if Salazar has children, said Keith Hampton, a veteran Travis County defense lawyer who is a second vice president of the Texas Criminal Defense Lawyers Association.

"I really don't see how that is going to be an enforceable order," Hampton said, citing court rulings that have expressed an unenumerated constitutional right to procreate. "It may be a good thing that this defendant heard someone in authority tell them 'We don't think you should have any more kids.' "

Hampton said that Salazar could appeal the conditions of her probation, even before Baird attempts to enforce them.

Baird said he has never made a similar order in his more than 20 months on the District Court bench in Travis County. Other lawyers, including Allison Wetzel, the prosecutor in the case, say they are not familiar with any similar orders.

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[Dottie]

Personally, I think that there are some people who shouldn't have children. My youngest (7, adopted) is the product of such people. The birth parents did nothing to protect the oldest, the middle, or mine.

The oldest two were removed and returned to their "home" three times before they were removed the fourth and final time. By then, the littlest one was 5 months old. All had been neglected, the oldest molested. The oldest is in a facility until the age of 18, whereupon to be released to do who-knows-what to other unsuspecting people. The middle one was adopted the day we adopted ours. These children, including mine had been in multiple placements before adoption. The oldest ruined two different adoptive placements, and has said that no person will ever be trusted again.

Children that are treated like this expect their mother, especially, to protect them from any and all harm. If that doesn't happen, they may never recover, and cause and have problems for the rest of their lives.

When you read of a child waiting for adoption who "just needs loving," think of what you just read.

Too bad that judge couldn't have the mother sterilized. . .

Oh, I know, her rights would have been violated. What about the children's rights?