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TX Repub To Take Child From Mother Due to Lack of Insurance!

 
 
Reply Sun 22 Aug, 2004 05:35 pm
I've seen a couple of stories on this now. Evidently, if you are a single mother that can't afford insurance for your child you are at risk of losing him or her to a Republican lawmaker that has made sure you couldn't afford insurance.


http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/casey/2747708

Aug. 19, 2004, 11:30PM

Heflin takes on 'burden'
By RICK CASEY
Copyright 2004 Houston Chronicle

State Rep. Talmadge Heflin has moved the concept of "the white man's burden" from the 19th to the 21st century.

Rudyard Kipling memorialized the term in an 1899 poem urging Americans to colonize the Philippines in the wake of the Spanish-American War, to fulfill our responsibility to civilize the world's "sullen peoples, half-devil and half-child."

Maybe, under the name of "nation building," that's what the Iraq war is about.

But Heflin has updated the concept. He's privatized it.

In asking a judge to authorize him and his wife to take a U.S.-born baby away from its African immigrant parents, who are so unenlightened as to want to keep their baby themselves, Heflin testified: "We all know the terrible problem that black male children have growing up into manhood without being in prison."

It's good to know that the Heflins would instill in the boy a positive sense of his heritage.

Recalling Zoe Baird

And the Heflins' lawyer argued that the child's parents couldn't afford health insurance, and the boy suffered the long waits that Medicaid coverage brings.

That raises a question. As the powerful chairman of the Texas House Appropriations Committee, Heflin presided over a budget that cut about 7,000 children from the Children's Health Insurance Program. CHIP covers children of parents who cannot afford private health insurance, but who make too much to qualify for Medicaid.

I wonder if Talmadge proposes, next session, to pass a law putting all those children up for adoption.

The state also knocked tens of thousands of children off welfare and rejected millions in federal matching grants for childcare for working mothers.

The hearing raised other questions.

The baby's mother, Mariam Katamba, testified that after the Heflins offered to provide housing for her, she worked for them as a maid and was paid in cash.

That's a touchy issue for a politician, ever since Bill Clinton nominated Zoe Baird for attorney general. She withdrew under a stormy cloud after it came out that she hadn't paid Social Security taxes on her housekeeper.


Their word against parents'

Janice Heflin testified Katamba wasn't a maid, but a "house guest," and the only cash she gave her was to help her obtain a green card so she could legally stay in the United States.

But that only raised another sensitive issue for Talmadge. Would his conservative Republican constituents countenance the notion that he had harbored an illegal immigrant?

Not to worry. Whatever his wife's efforts to make Katamba legal, Talmadge was, he testified, unaware of the immigration status of the woman with whose baby he was bonding.

In fairness, the Heflins argued not simply that the baby's parents were poor, but that they were bad parents.

They said Katamba told them the baby's father, who is now married to another woman, beat her during her pregnancy. Katamba and the father deny it.

The Heflins say the father visited infrequently and acted inappropriately. He tossed the baby "like a ball in the air" and beat his feet together when the father felt he was not walking early enough.

Talmadge did admit the father stopped when he told him to.

As a parent who has not always been perfect, I shudder to think what a good lawyer could do with the time I let my 2-year-old wander off in a crowd, or accidentally scalded her back with hot coffee.

They said the mother wasn't around enough, but her job caused much of her absence. Having offered their assistance, it appears that they are offering her acceptance as evidence against her.

Most importantly, they offered no independent testimony or evidence ?- no police reports, no complaints to Child Protective Services, no testimony from medical staff.

It's just their word ?- and socioeconomics ?- against that of the parents.

And yet based on that they were able three weeks ago to get a judge to order a bailiff to seize the baby from his mother and turn him over to them without even hearing, until now, from the mother and father.

That is power.
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Type: Discussion • Score: 1 • Views: 878 • Replies: 14
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edgarblythe
 
  1  
Reply Sun 22 Aug, 2004 05:39 pm
more info
For more on the topic, here is some I have been posting also.
0 Replies
 
squinney
 
  1  
Reply Sun 22 Aug, 2004 06:29 pm
I couldn't find anything on it here at A2K. Thanks for the link.

I want to follow the politics of it, so this will take a different direction than just the legal standing.

Here's something interesting. A Texas Constitutional Amendment to RECOGNIZE THE RIGHTS OF PARENTS to direct the upbringing and education of their children... WRITTEN BY HEFLIN!!!

http://www.capitol.state.tx.us/tlo/76R/billtext/HJ00091I.HTM
0 Replies
 
squinney
 
  1  
Reply Sun 22 Aug, 2004 06:35 pm
But, ya can't accuse him of being racist... I bet the Czechs all keep their kids out of jail.


http://www.capitol.state.tx.us/tlo/76R/billtext/HC00308F.HTM
0 Replies
 
edgarblythe
 
  1  
Reply Sun 22 Aug, 2004 06:37 pm
Heflin da man, for sure.
0 Replies
 
squinney
 
  1  
Reply Sun 22 Aug, 2004 06:48 pm
Evidently he has lots of great ideas for helping the poor...

IRON LAW OF STUPIDITY
H.B. 3557: Talmadge Heflin, R?-Houston
From the man who argued last session that a sales tax on groceries was not an unfair burden on the poor - and supported his position by observing that in his district, lots of poor people eat fast food and don't complain about the restaurant tax - comes a perfectly rational budgetary imperative: state spending cannot grow any more than does the state's economy. Heflin's bill would require the Legislative Budget Board to calculate the growth of the state's economy, then link all spending to the rate of growth. In a recession, when the economy is shrinking and unemployment increasing, this bill would mandate the perfect knee-jerk response from government - less assistance (not to mention hamstringing any attempt at economic redevelopment). Heflin apparently wants to appropriate Ricardo's Iron Law of Wages and apply it to the budget process - something like treating gangrene with a tourniquet.

http://www.texasobserver.org/showArticle.asp?ArticleFileName=990430_bb.htm
0 Replies
 
edgarblythe
 
  1  
Reply Sun 22 Aug, 2004 06:52 pm
Texas in general has never been kind to the poor. If you are in need here you are also unworthy.
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rabel22
 
  1  
Reply Sun 22 Aug, 2004 07:40 pm
I think Im beginning to understand Molly Ivans stand on Texas politicians.
0 Replies
 
FreeDuck
 
  1  
Reply Sun 22 Aug, 2004 08:31 pm
I'm feeling physically ill after reading that. There's a special place in hell reserved for those people.
0 Replies
 
rabel22
 
  1  
Reply Mon 23 Aug, 2004 12:20 am
Freeduck
I wish I could be sure that there was a heaven and hell but many of the people who claim such are absolute liers. I think they use religion to make themselves rich and powerful. Juat think trickle down economy. Have you got any of the wealth that was supposed to trickle down, neither have I.
0 Replies
 
dlowan
 
  1  
Reply Mon 23 Aug, 2004 02:40 am
Oh bejesus - only in Amerika....
0 Replies
 
revel
 
  1  
Reply Mon 23 Aug, 2004 06:11 am
Now I am truly depresssed.
0 Replies
 
squinney
 
  1  
Reply Mon 23 Aug, 2004 04:55 pm
Cheer up Revel.

Justice does prevail.

I wonder how this might have turned out had it not been publicized. I'm sure this judge was inundated with e-mails and phone calls from around the country - or at least I hope! Thank goodness for internet news!

What makes me wonder if the news, phone calls and e-mails made a difference is that the judge GAVE temporary custody to the Heflins without standing or cause earlier in the case. If there was a question of standing (legal right to bring the case to begin with) the judge never should have awarded temporary custody to the non parents when physical harm to the child was not supported. Makes me think she may have leaned towards Heflin if not for the publicity.

Anyway, Edgar posted this elswhere. We can all breath easy.

Judge dismisses case of lawmaker seeking to adopt immigrants' son
By ROMA KHANNA
Copyright 2004 Houston Chronicle

A judge today dismissed the case in which state Rep. Talmadge Heflin and his wife were seeking custody of the 20-month-old son of African illegal immigrants.


Family District Judge Linda Motheral ordered the boy returned to his mother this afternoon, bringing an end to the high-profile custody battle that appeared as if it could take months to resolve.

"The law is very clear that the best interest of the child will be served if the biological parents bring him up in their own culture, in their own way," said Mathew Nwogu, one of the lawyers who represented the parents. "The mother and the father are very excited and at least they can say there is justice in the U.S. of A."

Heflin, a Houston Republican who chairs the House Appropriations Committee, and his wife, Janice, were seeking permanent custody of Fidel Odimara Jr., the son of a woman who had lived in their house for more than a year. The Heflins claimed that the mother took little interest in the child and essentially had left him in their care while she lived with them.

But Mariam Katamba, who says she was the Heflins' maid, said the lawmaker and his wife were nothing more than helpers or baby-sitters who watched her son when she found a job outside their home.

Motheral sided with Katamba.

"The court, having heard all testimony and relevant issues, finds that (the Heflins) do not have standing, and the court on its own motion, dismisses the case," Motheral wrote.

Establishing standing is the first legal hurdle that must be cleared by someone seeking custody of a child.

In Texas, those who could have a valid claim to a child include the parents, the child himself and, in some cases, a step-parent.

Even grandparents do not automatically have standing under the law.

The Heflins argued that they had a valid claim to the boy under a provision of the law that allows attempts at custody by someone who has care, control and possession of a child for more than six months.
0 Replies
 
edgarblythe
 
  1  
Reply Mon 23 Aug, 2004 05:00 pm
As I said on the other thread, I have lived in Texas half my life and still don't understand such thinking.
0 Replies
 
edgarblythe
 
  1  
Reply Mon 23 Aug, 2004 05:03 pm
I hope this doesn't conclude your investigation of Heflin and Texas' laws.
0 Replies
 
 

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