Thursday, March 12, 2009

The Case for Father's Rights, Beginning Right Here at Home

I have taken some time away from writing about my niece's foster care dilemma because more issues have presented themselves that have made me take a pause before speaking on it any further. But now that I have taken that time, I have decided to post Part One of a letter I am sending to some pastors I know and pastors in the city where my brother and I grew up, the city where my brother has not been treated as my niece's father but as simply a black man that has shaken up the seemingly racist and discriminatory intentions and practices of a case worker, a judge, and a system. I will post Part Two tomorrow. Please let me know what you think, feel, and believe about the situation my brother is facing, and most of all - please pray for him as he fights for custody of his daughter. Feel free to alert others to my letter and my brother's story. We need the prayers of as many Believers as we can get.


Dear Pastor, Clergy Member, or Church Leader:

Blessings, grace, and peace to you in the Name of our Lord and Savior Jesus Christ! If I could have your attention, I would like to tell you a story. I know this may seem strange and even a bit lengthy, but if you bear with me, it will all make sense in a moment.

My brother is a father…from the inner city of Grand Rapids, Michigan.

My brother is an African-American father with a bi-racial child – a child who is now part of the foster care system in Kent County, Michigan.

My brother is a father, regardless of socioeconomic background, educational level, or race, with rights upheld by the Constitution of the United States. These rights were made fundamentally and legally sound concerning parents in his situation by the Supreme Court in a 1982 ruling which stated “…the fundamental liberty interest of natural parents in the care, custody, and management of their child is protected by the 14th Amendment, and does not evaporate simply because they have not been model parents or have lost temporary custody of their child to the State.” This ruling was quoted in the January 31, 2008 Michigan Absent Parent Protocol manual, as the state sought to establish bylaws which local governmental entities were to abide by in regards to the rights of parents like my brother.

And yet, knowing this, what happens when the system that has jurisdiction over my brother’s child constantly overrides the United States Constitution, which gives him certain inalienable rights to live, breathe, and exist within this country’s borders with his family in tact?

Who will fight for my brother?

My brother, this 36-year-old African-American father of four children is fighting for the right to raise his child in his own house, but his court-appointed attorney told him that if he will be a good father, he must pay only $600 a month to keep his daughter in a currently unlicensed foster home, in the home of an unrelated family who falsely claimed to be her relatives, a family determined at any cost to adopt his child.

If he is truly a good father, he must comply by the rules of the local private foster care agency. The caseworker was supposed to contact him if Department of Human Services failed to locate him when the girl was removed from her mother’s home but she and DHS failed to do so (which is the first step mandated by the Michigan Protocol Handbook). Our family found out that she was in state care when she contacted me via email. In turn, I alerted him. He came forward and asked for his daughter.

But first, the caseworker wanted him to attend parenting classes and perform a drug screen and complete a psychological evaluation to prove that he is able to parent his own child, despite the fact that he lives in San Antonio, Texas (inevitably showing that any request she gives will be difficult or impossible to complete due to the distance and the lack of monitoring). He also has steady employment and a home to take his child to. Still my brother has to prove that he can care for the child he has paid child support for, been involved with for most of her life, and even made sure was taken care of when her mother was previously unable to. He has no history of drugs, domestic violence, alcoholism, or any prior Child Protective Services cases. But still, he must comply despite obvious protocol written and clearly spelled out that states the contrary.

My brother’s frustration at being charged $14,000-plus while his daughter lives in a foster home is causing him to wonder if being a “good” father is synonymous with being chewed up and ultimately spit out by case workers, agencies, foster parents, lawyers, and judges. The sad fact is I believe that the system is truly, with the best of intentions, meant to protect children and promote reunification and healing for America’s most broken families. But, even I, a proponent of the mission, wonder if we are closing out the absent parents (most likely, fathers) that are the key to that protection and healing. I do not know what to tell my brother; I do not know how to support the mission of the system I work for in conjunction with the reality he is living right now.

2 comments:

HisDaughter83 said...

That really saddens me. And it also leaves me confused. The way that your brother is being treated in this matter doesn't make any sense to me and I can't see how the system is making it make sense to themselves. The letter was well put together. I'll keep your brother, your niece and your family in prayer.

Myowne said...

Thank you so much. Though it is taking a long time and the warfare we are enduring is taxing we are beginning to see a light at the end of the tunnel. It is because of the prayers of the saints (like you) that is gaining us a sure victory (that is already won in Christ).