October 19, 2009 2:36 PM

Should Balloon Boy Parents Lose Kids?

By
CBSNews
(CBS)  The Heene family's saga of a loose balloon and a 6-year-old boy riveted the nation last week. The boy was found unhurt, but the saga continues as new questions surface -- this time of child welfare -- amid police statements that the entire balloon incident was a hoax.

Follow the Balloon Boy Saga at CBSNews.com:
Cops Seek Possible Balloon Boy Hoax Cohort
Lawyer: Balloon Boy Parents will Surrender
Sheriff: Balloon Boy Saga Full of Hot Air
Balloon Boy Dad: "Absolutely No Hoax"
Balloon Boy Gets Sick on National TV

Wendy Murphy, a former prosecutor, addressed on "The Early Show" a growing concern for the family: Can they stay together?

Murphy said parents, Richard Heene and his wife, Mayumi, don't have to be charged with a crime in order for Protective Services to come in and take their children away.

"All they have to have is evidence of neglect or abuse," she said. "And boy, I think they've got plenty of that here."

She said that's because the Heene parents seem to have subjected their children to participation this fraud.

Falcon Heene, the so-called "balloon boy" was believed to be inside a silver flying-saucer shaped homemade balloon last week as it flew across 50 miles across two counties.

Slideshow: Bizarre "Balloon Boy" Story

The drama played out on live television to millions of viewers worldwide. When the balloon landed without the boy in it, officials thought he had fallen out and began grim search for his body.

However, the balloon -- which was held together with duct tape -- reportedly would not have been able to launch with the 37-pound-boy inside.

Falcon's whereabouts during the balloon's flight are unknown. Following the flight, he was initially "found" to be hiding in the family's attic.

Murphy said if the Heene's made their child participate even in a minor crime, that's "pretty serious."

She said, "That's when Child Protective Services is likely to get involved whether they're charged or not and we're hearing that they will, in fact, be charged."

Larimer County Sheriff Jim Alderden announced Sunday that he's seeking charges, including felonies, in the case. Two of the four proposed charges are class 4 felonies, each carrying possible sentences of six years in jail and fines up to $500,000, reports CBS News correspondent Hattie Kauffman.

Murphy also attributed Falcon's vomiting on national television to his emotional distress at participating in the fraud.

She said, "(The Heene children) may want to stay with their parents, so sometimes Protective Services has to do what doesn't feel very good for the kids, because they should take them out of a family that's exploiting them, and causing them harm."

And, in a larger sense, Murphy said the industry isn't good at protecting the children from exploitation in family reality television.

The story of Falcon floating away in a giant helium balloon was a hoax, authorities said Sunday, concocted to land a reality television show.

The Heene children were also broadcast on the ABC show "Wife Swap" in March 2009.

Murphy said, "People will literally sell the well-being of their children. It's a supply and demand problem that the business wants and the families certainly enjoy the money."

"We really do need the law to step in and provide better controls," she added. "It's often too late to get involved after the children have been exploited, say, 'Oh, now that these children have been harmed, let's go in and take them away from their families.' It might make more sense to create some regulations around this to make sure that the exploitation never happens to begin with."

Copyright 2009 CBS. All rights reserved.
Add a Comment See all 21 Comments
by whatindawhirl October 20, 2009 10:31 PM EDT
Who wants to pay for these kids foster care? Not the Colorado taxpayer. Everyone who wants to take these kids away from their parents needs to agree to take them in themselves. The parents are beyond stupid and I agree with the poster that says they need to do about 5000 hours of community service but making foster kids out of these children is not the answer. Monitoring of the family and counseling and legal punishment for the parents is what needs to happen.
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by dallisman October 20, 2009 10:32 AM EDT
The Heene's have a mental problem and will beat the charges. A Columbus,OH man wrote into a news station that his impression was the family appeared like a bowl of patato salid short of a picnic. Just by looking at them on National TV one can arrive at this conclusion. The Heene's need family counseling. Mr. Heene may need much more. Its a psycological problem.
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by kayldouble-u October 19, 2009 6:31 PM EDT
I beleive this man is verbally abusive to his whole family. I think he controls his family with a iron fist...his way or the highway. His wife and children seems cowed down by him. I don't think they should take the children away though, however; they should make him go to counseling, anger managment, fine both parents and make them both do some hours of community service!!!
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by kemmiller October 19, 2009 4:03 PM EDT
There should at least be an investigation by CPS. What are these kids being subjected to? Are they being taught to lie? Are the parents involving them in unscrupulous activity? Do the kids know right from wrong? Having been on "Wife Swap" at an even younger age, do the kids even know what's real and what isn't? It is clear to me that the Heene household is not a healthy environment for the children. C'mon people - do we not hold anyone accountable anymore? Give these kids a break.
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by tosch2 October 19, 2009 2:19 PM EDT
These nutcases are the result of the same problem that has bankrupted society; Too much TV! Way too much.
But wait, lets blame teachers, Obama, Hitler, anyone but ourselves.
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by guzelvis October 19, 2009 2:13 PM EDT
How to deal with the Balloon Boy hoax? A modest proposal awaits @ http://www.thelintscreen.com
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by schubaby October 19, 2009 1:49 PM EDT
I miss the good 'ol days when the news reported just the facts. It seems the news has shifted their focus to reporting the court of opinion and "what ifs". I still believe innocent before proven guilty. If it's a hoax, then do what the law allows as far as fines/punishment. Should the Heenes have their children taking away, for heaven's sake NO! That's like saying for everyone who has perjured themselves on a witness stand should have their kids taken away or anyone who has ever lied to law enforcement should have their kids removed from the home. When did we as Americans become so merciless and blood thirsty?
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by carolelee1 October 19, 2009 1:41 PM EDT
What really surprises me is that the media is not showing the clips from Wife Swap. I checked YouTube and was in even more shock. On the show, the father goes nuts over and over. And, even worse, little Falcon flips the bird and curses (and I mean the heavy cursing). Why didn't Protective Services act on that!!

Further, what's even more disturbing, is that, according to Wife Swap, they were brought back by America's vote for the second time. What does that say about us? (or Wife Swap in general?)
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by cayro October 19, 2009 1:30 PM EDT
Law enforcement is basing their guilty notion on what the boy said on a CNN interview. That's lame, considering the boy was obviously ADHD or autistic.
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by lsdyeman October 19, 2009 12:55 PM EDT
I think CBS and other TV networks should lose their right air a program that is intended to bring "news" to the public.
This is not news.
The Heene's should get a medal for showing the public that news emperor has no cloths.
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