Latino woman alleges discrimination by DHR in Baldwin County child custody case
MOBILE, Alabama -- Ignoring the wishes of the mother, the Alabama Department of Human Resources used race and ethnicity as the basis for granting custody of a Baldwin County infant to foster parents in Foley, a federal lawsuit here alleges.
Rosa Mykins , who is the grandmother and legal guardian of the child’s half-sisters, is suing DHR, the foster parents and an attorney appointed to represent the interests of the baby. The lawsuit alleges that the defendants conspired with one another to ensure the baby — whose mother is in prison — ended up with Thomas James and Jena Jo Craig because they are white and Mykins is Latino.
A DHR lawyer said the agency does not discriminate, and an attorney for the Craigs said his clients have done nothing wrong.
Mykins, a 46-year-old woman who now lives near Buffalo, N.Y., said she has nothing against the Craigs; she noted that they have adopted 2 other children. But Mykins added that the baby in this case, a 2-year-old girl named Saquaoia, should grow up with her half-sisters.
“Why do I have to give up my family for them to build theirs?” Mykins asked. “I didn’t choose this child. God chose it for me. Why should I give up?”
4 lawyers and $18,000
For Mykins, who retired as a table games floor manager at a Biloxi casino, the federal lawsuit represents the latest front in a long and expensive battle to win custody of Saquaoia. She estimated that she has already spent $18,000 on legal fees and other expenses. She is on her 4th lawyer.
A Baldwin County Circuit Court judge dismissed a similar complaint last month. Meanwhile, a custody action remains pending in Baldwin County Juvenile Court while Probate Court Judge Tim Russell considers a separate adoption petition.
Mykins likely faces long odds in the federal suit, where she must prove that the defendants acted based on race. She contends that DHR placed Saquaoia with the Craigs because they and the baby are white and she is Hispanic.
She acknowledged that no one from the agency has given race as a rationale. In fact, she added, DHR has given her no explanation at all.
“It’s the only thing I can think of,” Mykins said.
Barry Spear, a spokesman for DHR, said he could not discuss specific cases because of confidentiality laws. As a general policy, he said, the department does not consider race when placing a child.
Hispanic Infant Adoption - News
By Brendan Kirby, Press-Register MOBILE, Alabama -- Ignoring the wishes of the mother, the Alabama Department of Human Resources used race and ethnicity as the basis for granting custody of a Baldwin County infant to foster parents in Foley,
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