Columnist Sandra Thompson: Judge moves to save kids from mom

Sandra Thompson

Sunday, April 30, 2000 | 10:45 a.m.

Sandra Thompson is vice president/associate editor of the Las Vegas Sun. She can be reached at 259-4025 or via e-mail at thompson@lasvegassun.com.

A family court judge has ruled that no reasonable efforts be made to reunite two young children with their mother, who had caused the death of their 18-month-old brother, Adrian.

The case was profiled here two weeks ago. The surviving children, a 6-year-old girl and her 3-year-old brother, were afraid that they might die, too, if they were returned to their mother. It had been determined that the mother and father abused Adrian.

Judge William Voy ruled that the state can proceed with termination of the mother and father's parental rights, paving the way for adoption of the children by their foster parents with whom they have bonded.

Whether the mother will have visitation until the case is finalized remains to be seen.

Terminating a parent's rights is not an easy decision. Caution and care should be taken. Although the records and ruling in this case are sealed, it appears Voy did a thorough job and made the decision in the best interests of the surviving children.

The children have been in foster care for nearly three years. Hopefully the process to provide them with a safe, loving and stable home won't take as long. Although Voy made his decision in a timely manner, the ruling reportedly sat on a clerk's desk for more than a week while concerned parties waited anxiously.

Surprisingly, there had been little public outcry about the possibility of two children being returned to a mother who had caused the death of their brother. Are we too preoccupied with Elian Gonzalez that we can't see what's happening in our own back yard?

A colleague shared an interesting observation: The public is riveted by Elian because we see pictures of the cute, 6-year-old boy laughing and playing. Then we see the tears and anguish on his face as armed agents storm into his house.

But the case of Adrian's brother and sister is closed; we can't see their faces or their pain. The public can't identify with unseen and nameless children. So Elian is on the front page; these children have been on a back burner.

How sad.

During last week's hearing on child welfare services, Assemblywoman Ellen Koivisto, D-Las Vegas, cut to the heart of the complex issue by asking one simple question:

"Where is the child in this planning?"

Bingo!

In the child welfare system, decisions affecting a child's life and future are made by parents, caseworkers, bureaucrats, therapists and judges. It's as if the child is nothing more than a football to be handed off to the nearest runner or passed down the field to be caught or dropped by a receiver.

Rarely does that child have a say in his own game plan.

The same can be said for many children involved in custody disputes. The focus is on the parents' issues and needs. Often the child's name isn't even mentioned during court proceedings.

Steve Hiltz, the lead attorney with the Children's Attorneys Project (CAP), says that in most cases, the child has practically no say. CAP aims to give them a voice.

Hiltz says he takes abuse and neglect cases based on "an initial analysis of where I can make a difference, where the child has a strong opinion."

"We try to avoid 'me-too' where we're just adding our voice," he says. "We represent children in termination proceedings where both sides are represented, where the child has a definite point of view and it's unclear what will happen, and the child needs to be heard."

In revamping Nevada's child welfare system, maybe the legislative subcommittee, Clark and Washoe counties and the state should work backwards. Start with the children. What do they need the system to do for them? How can that be provided? What is the ultimate goal? Who (caseworkers, therapists, etc.) can help them reach that goal?

From there, set up a framework designed for the child.

Mark Nichols, executive director of the National Association of Social Workers, Nevada Chapter, has a new twist to the phrase "children are our future."

He says "children are our now."