Court initiates termination of deported mother's parental rights as she seeks custody of son in Ann Arbor
Editor’s note: The names of the family members involved in this case have been omitted to protect their identities.
A deported mother fighting to be reunited with her 12-year-old son in Ann Arbor was dealt a setback on Thursday during a review hearing in Washtenaw County Trial Court.
The mother, who recently was deported to Mexico for being in the U.S. illegally, was on the line communicating through an interpreter as Court Referee Molly Schikora made the decision to have the Department of Human Services initiate termination proceedings regarding her parental rights.
After hearing testimony from caseworkers and attorneys for both the mother and father, both of whom are living in Mexico but are separated, Schikora said it seems evident the mother has neglected her son for some time and that hasn't changed since she was deported.
Friends and relatives of the boy's mother speak with AnnArbor.com in April. The 12-year-old boy's plight is one of several the Washtenaw Interfaith Coalition for Immigrant Rights is using to push for state policy that would allow children in foster care to be placed with undocumented relatives.
Chris Asadian | AnnArbor.com
Laura Sanders, one of the co-founders of WICIR, said if the court goes ahead with terminating the mother's parental rights, that essentially leaves the boy without a family.
Schikora called the 12-year-old boy "a child who is suffering." He has been living in foster care for more than two years after reportedly being abused by his father here in Washtenaw County.
The father was arrested and deported after the alleged abuse, and the mother, who stepped forward to claim custody of her son, was placed in a federal detainment facility in Texas and remained there until being deported recently.
Though both of the boy's parents are now in Mexico and are not United States citizens, the boy is a U.S. citizen by virtue of being born here.
He lives with a foster family that does not plan to adopt him, but he has been visiting with his aunt in Ann Arbor on weekends. The boy has a handful of relatives in the area who want to take him into their homes, but they were told they can't because of their immigration status.
The mother now is fighting to have her son reunified with her in Mexico because she cannot legally re-enter the United States.
Sanders said the mother has sent cards and emails to her son and has stayed in touch with her lawyer and the Mexican consulate, so she doesn't see how the mother has been neglectful.
"She still wants a reunification with her son," Sanders said. "She has shown a consistent interest in reunification with her son."
Wendy Kent, a foster care services specialist with Washtenaw County DHS, appeared in court on Thursday to petition to change the goal of the case from reunification to termination of the mother's parental rights. Schikora agreed and now DHS must come back with a termination petition.
It was revealed during testimony that the boy might have an adult brother living in California, but it's unclear yet whether that might be a viable placement option.
Kent provided an update of her latest visit with the boy, who remains in therapy. She said he's doing relatively well but still is showing behavioral problems, including stealing money from his aunt.
Kent said the boy declined an offer to write to his mother. She said the boy has indicated before that he wanted to be with relatives and family, and then other times he has changed his mind.
Assistant Public Defender Joy Gaines appeared on behalf of the boy, who was not present. Gaines said when she last spoke with the boy he indicated he did not want to live with his mother and that he was hesitant to leave the United States to live in Mexico.
Sanders said two years of separation has fostered ambivalence and fear in the boy, which is why she thinks he's hesitant to go live with his mother in Mexico.
"This has been a long case," said the mother's lawyer, Marsha Kraycir, who advocated for the placement of the boy with his mother on Thursday.
Kraycir said the mother has secured employment and is living in a safe home back in Mexico and wants custody of her son.
"That's what she's always wanted from the get-go," she said, adding the mother has no communication with the father at this point.
The father's lawyer, Margo Edwards, said the father is adamantly opposed to the termination of his parental rights.
WICIR invited Ana Reyes, the Mexican consul in Detroit, to Thursday's hearing. Reyes said Mexican human services workers are willing to assist the mother with satisfactorily completing a DHS service plan meeting all the requirements necessary to gain custody of her son.
That could include further study to determine she has a secure job and lives in a safe home. The mother already completed parenting classes while awaiting deportation.
Reyes talked briefly with Kent after Thursday's hearing and said she's still hopeful reunification with the mother can be facilitated.
Sanders, a social worker, will take part in an afternoon panel discussion on Sept. 28 with Lourdes Salazar, a longtime Ann Arbor resident and a mother of three who faces deportation.
They plan to talk about the clashing agendas of child welfare and immigration policy. The discussion will be part of the day-long Fauri Memorial Lecture Series on child welfare, from 8:15 a.m. to 5 p.m. at the University of Michigan School of Social Work, 1080 S. University Ave.
Ryan J. Stanton covers government and politics for AnnArbor.com. Reach him at ryanstanton@annarbor.com or 734-623-2529. You also can follow him on Twitter or subscribe to AnnArbor.com's email newsletters.
Comments
Y
Sat, Sep 22, 2012 : 10:53 p.m.
Give me a break they are all illegal!! Keep the parents in mexico and send the kid back with her!! Time to quit paying for the kids all these illegals come here and have for the tax payers to pay for!!
jns131
Sat, Sep 22, 2012 : 11:40 p.m.
Amen Amen.
Himandme
Sat, Sep 22, 2012 : 4:29 a.m.
Joy Gaines has always ruins families. The Ann Arbor News should write a story about how many families she has destroyed. She lies about & influence children. Ask the parent (s), not the children who she pick them against. Look @ her track record, how many children & parents are separated because of what she has done. i am glad that my Savior lives, He will be her Judge, i pray she will repents big time, for He was born in a family too, that Government wanted to destroy His family also ! ! !
Himandme
Mon, Sep 24, 2012 : 2:17 a.m.
Dear jns131 & GP, "You know what you say or do" Jesus. You are not the many, upon many people, who had to live through her countless lies, so you really don't know. Just because she is a lawyer, doesn't make her not a liar. It is like saying B. Hussein O. can't be a liar,. because he is the President (we should all know this is false, but many don't see it). It is also like saying the President is not prejudiced, but he & his followers wanted sex selection abortions to be allowed. Many are looking for a leader, but they have not found the One True One, found in the Most Holy Trinity. They just have heard the one who "tickle their ears", the Bible. Anyway, many God bless you both with His truth, & may you have the will to follow it, like the rest of us, Amen ! ! !
GP
Sat, Sep 22, 2012 : 6:23 p.m.
Joy Gaines is an awesome lawyer who has helped hundreds of children within what the law allows. They only people who I can think of who don't like Joy are those who have been unwilling to follow court orders like staying drug free, participating in treatment, etc. They have to blame someone else for their mistakes.
jns131
Sat, Sep 22, 2012 : 12:29 p.m.
Judge or not. I applaud her for doing what she does. Maybe she should send the child back to Mexico with the parent. Then they can be reunited in another country. You go Joy.
Indymama
Sat, Sep 22, 2012 : 1:40 a.m.
My first thought without reading any other comments,.How much money has this one case cost the true citizens of the United States and how many such similar cases do we have to pay for each year?? Maybe it is time that our Immigration laws be changed to stop giving Citizenship to infants whose parents are not yet Citizens!! It would save Americans a lot of money/taxes collected to deal with these situations! What a shame a 12 year old boy has to be subjected to all this!!
jns131
Sat, Sep 22, 2012 : 2:31 a.m.
The illegal ones? The 170,000? We need to send them all back including the children. Revamp the constitution and make it illegal to have children illegally in this country.
LXIX
Fri, Sep 21, 2012 : 10:32 p.m.
The American boy is twelve. He might have an older brother also an American. That implies his mom has been in the U.S. illegally for over ten years. Yet she still needs an interpreter? Why? Most legal immigrants eager to be American quickly learn its customs including the language. Without any facts about her negligence other than being apart from her son while detained - and INS facilities are known to be difficult - the boy ought to be with his mom. If he is an American then he can rightfully return. But maybe mom only has that in mind. Overpopulation leading to poverty leading to desparate situations like this is THE global problem. But corporations, religions, politicians, and high-rise builders love cheap labor and more customers. So why wasn't the mother deported directly from the hospital some 12 plus years ago?
Basic Bob
Sat, Sep 22, 2012 : 12:07 a.m.
Sure, blame tycoons for the decisions this family made, including the decision to have children. Tycoons forced them to have babies to keep them down? No. Tycoons forced them to leave their homes in search of a better life here, only to arrive here and be treated like they are uneducated and unable to speak English. Tycoons forced them to stay here illegally for many years, and forcibly returned them to their home country empty handed. NO. They had many choices, and some of them did not turn out so well.
Ann23
Fri, Sep 21, 2012 : 3:22 p.m.
From my knowledge of the foster care system, it generally takes a lot for a parent's parental rights to be terminated. In this area, the system seems to go out of their way to protect parental rights even when there is a history of significant neglect. Like those of a parent who immediately abandoned their newborn to spend weeks in the NICU with zero parental or familial contact, care or attention. And who showed no interest in that newborn for quite a while afterwards. Also, from my somewhat limited but real life knowledge of the courts and foster care system in a few very different situations, in this area children are also not removed from the care of a parent unless there is a significant reason to believe they will undergo irreparable damage if they are left in the care of that parent. It seems to me that the case workers are overworked and overloaded and finding a foster home isn't always easy. So, they don't tend to overreact. @uabchris, it sounds like the irreparable damage to this boy was done before the system stepped in to do what they could to prevent further damage and help him heal. It doesn't sound like this is necessarily a case where the parents rights are being terminated just because of where they live. The article doesn't say too much about the mother and why her son wasn't living with her before she was deported or if/why she was unaware of the alleged abuse from his father. It doesn't say much about her history with her son in general. But, at 12 years old, especially with what he has been through, I think his opinion should definitely be taken into consideration. He is not responsible for ending up in the situation he is in right now and he deserves to be protected by the system in the United States even if his parents aren't citizens.
Himandme
Mon, Sep 24, 2012 : 2:36 a.m.
Dear Ann23, not in Washtenaw County, by some Judges. People lie, just remember this, & may God bless you & your family, Amen ! ! !
Gramma
Fri, Sep 21, 2012 : 3:12 p.m.
The US immigration policy has, throughout its history, discriminated against people of color (those who are not of Western European descent). People from Mexico, Central and South America are seldom allowed visas to come here to visit family members who are legally here. There are many issues involved in this current case, including racism.
Angry Moderate
Fri, Sep 21, 2012 : 5:53 p.m.
What is Mexico's immigration policy like? What do the do to illegal immigrants from Nicaragua and Honduras who enter through THEIR southern border?
jns131
Fri, Sep 21, 2012 : 5:43 p.m.
Because most times when they do come for a visit? They immediately declare asylum or better yet? Become one of the millions not here illegally. Central and South America are really and totally appalling when it comes to treating their citizens fairly. A lot of them are living poverty and extreme hardships. Can't blame the US for doing this.
cette
Fri, Sep 21, 2012 : 1:50 p.m.
Has Wendy Kent been to Mexico lately or ever? Is that fact that the mother lives in Mexico reason enough to keep the child in the US for her? Does she know any Mexicans in Mexico herself,doing well or otherwise? or is she convinced all Mexicans are all poor, illiterate souls who go barefoot and or are involved in narcotrafficing and their only wish in life is to cross the border? I'm embarrassed that this case ever got so far. Poor kid.
a2roots
Fri, Sep 21, 2012 : 1:35 p.m.
Not even a trick anymore. Jump the border, have babies in the US and the taxpayer pays the tab. Too bad for the kid cause he did not create this mess. If the parents are illegal then they need to go and the kid with them.
Lola
Fri, Sep 21, 2012 : 3:18 p.m.
Don't you think you're over-simplifying things a bit? I do agree though that the children need to be kept with their parents, assuming they are fit parents. Deport the kids with the parents. If the children are US citizens they can legally return when they're 18.
Laura Jones
Fri, Sep 21, 2012 : 12:37 p.m.
Unless there is evidence of abuse or severe neglect that would otherwise be sufficient cause for termination of parental rights, unrelated to the separation of the child due to his parents deportation, the rights of the parents to their child must be upheld and fostered. That the child is a US citizen in no way should trump or be held as more important than the parent child relationship. The bonds of parental rights extend beyond any issues or facts of citizenship. Further, there is no right of a US Citizen child to live in the US lacking a family simply because they are a US Citizen because "they want to". I appreciate that the boy may not wish to return to Mexico, but absent a compelling reason that would also compel a legal termination of custody, this should not be his decision to make. That decision rightly, and if one looks at history, belongs with his parents - not him. There is no absolute right to a 1st world upbringing by virtue of citizenship. In a society that consistently excoriates parents for not being responsible for their children's upbringings, I find it chilling that we suddenly believe that the State can do a better job simply because it is the state of citizenship of the child and not of his parents. The child and the parents must be reunited if the parents wish it and have no other impediments that would make them unfit in THEIR nation - not ours. This is a terrible case and from what I read here, one that is inflicting ongoing damage on the child by asking him to choose parents or country. Nasty business and one we should not be involved in.
Himandme
Sat, Sep 22, 2012 : 4:43 a.m.
Joy Gaines has ruin more families than Carter has little pills. People have believed her lies & distortion , like they believe all the other people in Government lies & distortion.
Jeanette
Fri, Sep 21, 2012 : 1:49 p.m.
Very well said, Laura!
Billy
Fri, Sep 21, 2012 : 12:33 p.m.
"Schikora said it seems evident the mother has neglected her son for some time and that hasn't changed since she was deported." Sometimes reality is a sad, sad place.....the kid would be better off with someone who actually cares about him. Unfortunately the "system" won't necessarily provide that for him either.... Good luck kid...
Gramma
Fri, Sep 21, 2012 : 3:15 p.m.
It is highly unlikely that the system will find a permanent home for this child. The fact that he is in a foster home that has no permanent interest in him is in and of itself a form of abuse.
uabchris
Fri, Sep 21, 2012 : 12:27 p.m.
Congrats to the "system" in doing irreversable psychological damage to this kid...no one wins here.
harry
Fri, Sep 21, 2012 : 9:05 p.m.
Getting him away from his abusive father was good. I wonder why the Mother abandoned her child?
towncryer
Fri, Sep 21, 2012 : 2:20 p.m.
the lawyers maybe?
Unusual Suspect
Fri, Sep 21, 2012 : 12:03 p.m.
From what I remember of this story, none of this would have happened if the parents had not stealthily and illegally entered the US. The source of their problems is a willing commission of an unlawful act.
cette
Fri, Sep 21, 2012 : 3:31 p.m.
@Mike, you're being too literal. I meant it in terms that a child is being denied reunion with their parent in another land by people who have differing priorities in the land the child currently resides in. Take away the border, and the kid would be sent to his mother quickly. I don't see evidence that she's unfit. She's fighting to get him back, she's taken parenting classes, and others are deciding because she lives south of the border she's unfit. That's pretty prejudiced, in my view. The argument that he has behavior issues and is in therapy are presented, but I would think that behavior issues are due to separation from the parent, and the current stress of his situation, (living in a house that the adults don't want the child to stay and missing his mother). It sounds like DHS and Schiroka don't want him to go to Mexico, period, because you know how those Mexicans do.. and they are fishing around for any excuse to keep him here. With Elian, there were plenty of Americans who argued he would have a real chance of a real life only here in USA, living with opportunistic extended relatives...and that would be far better than living in a poor country with Cuba with a father who loved him under Communist rule. Yeah, there are some significant parallels.
alan
Fri, Sep 21, 2012 : 2:52 p.m.
The article does not say that the relatives are illegal. It says that they can not adopt him because of their immigration status. Two very different things.
MIKE
Fri, Sep 21, 2012 : 2:28 p.m.
Cette, it's actually nothing like the Elian Gonzalez case. That was a matter of the United States getting involved to reunite a boy with his father. We were actually affirming parental rights in that case.
C'est la vie
Fri, Sep 21, 2012 : 2 p.m.
alan wrote, "As I read the story, they have relatives here so my guess is that they came to visit and didn't go home." The article says the relatives are also illegal. Are they also facing deportation, and if not, why not? The need of the boy to stay with his mother outweighs his need to stay in a country where he happened to be born, but has no legal relatives. IMO the boy must be returned to Mexico and must not return to the U.S. until he is 18 and can take care of himself.
alan
Fri, Sep 21, 2012 : 1:48 p.m.
Actually, the story does not say that they entered illegally. The majority of illegal aliens entered the US legally but did not leave. The image of people sneaking across the border in the dark is not accurate. As I read the story, they have relatives here so my guess is that they came to visit and didn't go home.
cette
Fri, Sep 21, 2012 : 12:12 p.m.
This seems wrong on many levels. Termination of parental rights? Really? It's kind of like the Elian Gonzalez all over again. I don't see the case to terminate the mother rights, and the father's case doesn't seem clear.
DonBee
Fri, Sep 21, 2012 : 11:42 a.m.
This is a complex case with no winners. If they send the boy to his mother in Mexico, some people (and maybe the boy) will be unhappy and angry. If they keep him in the US, some people will be unhappy, including the Mother who has not seen him in two years. There are a lot of pieces missing from this article and others about the case including: 1) Why did the mother leave for Texas and leave the boy with his father? 2) Was the father abusive to the mother? 3) Which, if any of the family here in the area are here with a status that would let them take legal custody of the boy? 4) Beyond the father, there is no indication of why anyone was deported - given the focus of the Administration on people who commit crimes, were there crimes committed here (beyond immigration law) , or was it just they got caught? 5) What are the timelines for the various departures from the area, deportations, etc. Did the mother go to Texas two years ago and then get deported recently or was she deported two years ago and struggle to get her son back for all that time from Mexico It is hard to understand the story clearly with so many of the pieces of the puzzle missing. If AnnArbor.com wanted to really portray the story, they would provide as Paul Harvey used to say "The rest of the story"
Jaime
Fri, Sep 21, 2012 : 11:35 a.m.
So, we are protecting a US citizen by keeping him away from his parents. As long as the judgement would have been the same as if they had all been US citizens it is tough to argue against it.
Gramma
Fri, Sep 21, 2012 : 3:17 p.m.
The entire protective services/foster care system in this country functions in very racist, classist way, with little real training for their workers or the workers in the contract agencies.