The following was sent to the Forum, which had been alerted to this situation a couple of weeks ago. The Forum has reported on other child welfare cases--which more neatly fit our stereotypes of what kinds of families see their kids taken into foster care. Seeing no reporting, I sent this to the Forum (and a copy to the High Plains Reader) this weekend. I am not disclosing the names of individuals involved, although the public has access to those names because criminal charges are involved. A copy has also been sent to the lobbyist for the North Dakota Coalition for Child Protection and Foster Care reform with a request that he forward it to other media outlets. It's not that the family needs or wants notoriety, but what has happened should give us all pause.
Since the letter was sent, the mother has received correspondence informing her that she is liable for $389 per month of her nursing home bill, and $90 per month for child support. She receives SSI in the amount of $436 per month. That is all her income.
If anyone wishes to contact the lobbyist for the Coalition directly, I will be happy to provide contact information.
After I sent the email to media, I noticed some style and grammar mishaps. If clarification is needed on any details, feel free to email me and I will provide it.
Sheri McMahon
Last winter, the North Dakota legislature passed a bill calling for legislative study of a possible ombudsman program for families involved with the state's child welfare system. This bill did not originate because the bureaucracy asked for it; it grew out of the heartfelt stories of families who have found themselves battered by the system. This fall, the first hearing by the Judicial Process Committee was held, with testimony from seven parents and relatives of kids who are or have been in foster placements.
A situation is going on in Cass County which points to the need for an independent ombudsman. Late in August, police arrived at the home of a Fargo mother and took her children into protective custody. Then they left. The same night, acquaintances of the woman learned what had happened and brought her to Meritcare, where she was admitted. The woman, you see, had been diagnosed with breast cancer two years earlier. Since then, she had also developed diabetes and osteoporosis, battling spine fractures and pancreatitis. At Meritcare, it became apparent she was also developing pneumonia. The same police officers who took the children make sure they were taken care of in a crisis more or less left their mother lying on the roadside.
After some weeks, the mother was transferred to an area nursing home. She continues to receive treatment--and to face two major legal battles. One, which is confidential, involves juvenile court proceedings to declare the children deprived. The other, which is not, involves criminal proceedings in which she is charged with Class C felony child neglect or abuse. That's right, a felony. A warrant was issued. She was not forced to go to jail--instead, she appeared in district court and was booked and fingerprinted in the courthouse, then allowed to return to the nursing home. Nobody was able to accompany her to her initial hearing. She paid for Paratransit transportation, arriving in the courthouse in a wheelchair. Later an attorney was appointed to represent her. A separate attorney has been appointed to represent her in the juvenile court proceeding--but it's worth pointing out that, three weeks after (as it turned out) he'd been appointed, she had not heard from him.
The children were moved 60 miles from town--against the recommendation of the mother's oncologist. A case plan (called a "Single Plan of Care") have been developed. Contrary to what are purported to be policies of the state (including policies developed in connection with federal review of deficiencies in state child welfare systems--and all states, including North Dakota, have been found deficient), the mother has yet to see the written case plan two months into her children's stay in foster care. At a critical stage of her life--and the lives of her children--she has no idea what the system has in mind, other than the fact that it is busy prosecuting her in two venues. The caseworker occasionally drops by with an announcement (such as the announcement that it had been decided to move the kids to another town) and leaves, not taking time to sit down.
One legal venue is necessary. If, as appears to be the case, this mother is not going to benefit from a cure for her cancer, arrangements need to be made for the lives of these kids. However, there are two ways to go about this. One is business as usual--the process trudges on largely excluding parent and children. The other way is to ensure active participation, including efforts by legal counsel and the guardian ad litem to make sure those most affected by whatever decisions are made have a meaningful voice. Sometime down the road, children of a deceased mother might feel they were managed like inventory in a warehouse--or they might feel that their mother's part in deciding what would happen to them has given them what small legacy she was able to leave.
The other legal venue--the criminal charges--make no sense to anyone who is familiar with the situation. That amounts to a small handful of people who are doing what they can to provide a measure of support to the mother and the kids. The usual response is, "Why??? What are they thinking?" Nobody knows. Since this is also Breast Cancer Awareness month, one has to wonder how many of them have purchased consumer goods encased in pink or worn ribbon-shaped lapel pins while they write their case plans, file their legal petitions--and continue with business as usual.
At the same time, criminal charges are known to the public--unlike the secrecy-shrouded child welfare system. This case provides an opportunity--and a responsibility--for every citizen to ask him or herself whether the way we do things in North Dakota reflects North Dakota values.
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