This much of the story is simple: On Aug. 10, 2004, in Dallas, a woman named Tracy Rhine gave birth to a daughter who tested positive for cocaine and the hallucinogenic drug PCP.The mom won her court case, but did not get her child back. CPS conspired with the foster parents to file a new lawsuit in another county, where the mom would not get a free lawyer to defend herself.
Six days later, Child Protective Services removed the baby and sought to terminate Rhine's parental rights.
From there, things get complicated. Whenever the state takes a child from a parent, it has a one-year deadline to either terminate parental rights or return the child. A six-month extension can be granted, which occurred in the Rhine case.
When the state and Rhine went before a judge in January 2006 to decide whether she met conditions to be a good parent, the judge decided she had substantially complied with the requirements.
This sounds like Double Jeopardy to me. The state should not be able to bring a case against a parent for being unfit, lose, and then bring the same case again under different pretenses.
That one-year deadline is just a federal monetary incentive. The feds pay the state $5k or so for each child adopted within the time limit. It gives CPS a financial incentive to take children away.