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Home in Changsha, Hunan

March 14, 2008 in China, foster care, He Case, Kidjacked

He Family Safely Back Home In China.

Mr. & Mrs. He wish to extend their sincere thanks to all who have prayed and acted on their behalf. Their long arduous ordeal is now over, the family has arrived safely back in China.

Thanks to all the tireless efforts made by “Hunan Vocational College of Science & Technology,” a wonderful elementary school in Changsha has managed to accept Anna Mae, Andy and Avita. The three lovely children are going to enroll as full-time students by the end of this month.

With graciousness and gratitude, we have received comfort from many people who always put Anna Mae in their thoughts. None of their kind wishes has gone in vain:

Anna Mae and her siblings are now happily settled in China; their caring dad has been offered a professorship by a college.

As parents, we believe it’s always in her best interest for Anna Mae to be together with her loving parents and siblings. We equally believe it’s in her best interest for Anna Mae to live in China, so that she may have an opportunity to learn about her Chinese culture and her roots: where she is from.

As always, the He family remains humble and grateful to all who have offered selfless help to this family’s reunification and smooth transition.

Mr. and Mrs. He
Changsha, Hunan

The He Family Fight

Abandonment Law Redefined

June 4, 2007 in Adoption, foster care, He Case, Tennessee

Tennessee House vote would change abandonment law as it pertains to foster care and adoption.

In Tennessee today, House legislators passed HB0351 with a 54-31 vote. The bill would specify that a parent whose attempts to visit or support a child are "prevented by the acts of others" would not be considered to have willfully abandoned the child. The Senate Judiciary Committee will wait until next year to take up the bill.

According to Rep. Brian Kelsey, a Republican from Germantown outside Memphis, the bill is unnecessary because the Supreme Court has already ruled on the case.

This bill could impact parents whose rights are being terminated due to the time constraints placed on parents.

In a sworn statement by James W. White, Executive Director of the Fiscal Review Committee the impact both fiscal and tangible could be significant.

The sworn statement attests that:

Summary of Bill:

Includes the provisions that a person who has attempted to support or visit a child but was prevented by the acts of others or circumstances beyond such person’s control is not considered to have willfully failed to support or visit as such pertains to the definition of child abandonment within instances of adoption and foster care. A person who files a petition in a court of competent jurisdiction to gain custody of such person’s child within a four month time period has demonstrated intent not to abandon such child. A parent who is appealing a termination of parental rights is authorized to continue such appeal after the one-year deadline.

Assumptions:

  • Annually, there are 1,500 Termination of Parental Rights cases through the Department of Children’s Services. It is estimated that 10%, or 150, of these cases will be impacted by the provisions of the bill.
  • On average, the delay in the termination of parental rights will require an additional 120 days of state custody. For each additional day there will be an approximate increase of $100 in expenditures per child. Such will increase expenditures by $1,800,000 (150 cases X 120 days X $100 per day).
  • Of the $1,800,000, seven percent ($126,000) will be Title IV-E Federal funds; 45% ($810,000) will be through TennCare; and $864,000 in state funds.
  • Of the TennCare funds, $293,706 is state funds at a 36.26% match rate and $516,294 is federal funds at a 63.74% match rate.
  • The total increase in expenditures for additional days of children in custody is estimated at $1,157,706 in state funds and $642,294 in federal funds.
  • The Department of Children’s Services will need three additional case managers and one additional team leader which is estimated to increase expenditures by $221,500 which includes $177,500 for salary and benefits and $44,000 for communication, computer, travel and other expenses.
  • Of the $221,500, 7% ($15,505) will be Title IV-E Federal funds; 45% ($99,675) will be through TennCare; and $106,320 in state funds.
  • Of the TennCare funds, $36,142 is state funds at a 36.26% match rate and $63,533 is federal funds at a 63.74% match rate.
  • The total increase in expenditures for additional staff is estimated at $142,462 in state funds and $79,038 in federal funds.

Cotton Conspiracy

May 21, 2007 in China, foster care, He Case, Tennessee

For years now the He family has been splintered, forced to live a sort of half-life. Never really living, with one foot held in a suspended animation that couldn’t possibly be real. The other foot going through the motions of life, working, sleeping, eating in a sort of funk that never goes away.

Struggling to create a new identity in a strange land. Mr. and Mrs. He fought to regain the right — from the state of Tennessee, when they lost their child to a Christian couple who tried to take what didn’t belong to them.

Kidjacked has supported the efforts to reunited Anna Mae with her family and I do mean “her” family. This is the family she was meant to have, one that no one can ever take away from you, even if you never speak to your sister.

Today’s news just blew me away. Get this…

“It is exciting to learn China is gradually becoming Tennessee’s biggest buyer in cotton and related business.”

“In 2006, China bought more than $1.8 billion of Tennessee goods, making it the No. 3 customer between Canada and Mexico.”

An E-mail from the He’s brags:

To capitalize on the synergy, Gov. Bredesen announced Tennessee will open an economic development office in Beijing in his October visit as part of trade delegation to China. Since 2001, Chinese Embassy has been monitoring AMH custody case.

The day after the $500 million deal was signed by Chinese buyers in Tenn., Mr. and Mrs. He (Jack and Casey) sent an email of appreciation to The Chinese Embassy in Washington, expressing their best wishes for the success and cooperation between China and Tenn., a great state where justice prevails.

These statements indicate to me that there may have been some serious negotiating between the state of Tennessee and certain Chinese officials. Did the Chinese buy back a child? Did the state of Tennessee hold a child hostage for a deal to sell cotton, providing much needed job for the impoverished textile industry?

If it walks like a duck, smells like a duck, then the theory is – it’s a duck.

Related Articles

Time for Change

April 6, 2007 in child abuse, CPS, family court, foster care, He Case

Texas sexual predators

Will you fight for parental rights?

When two people get married, they put their best foot forward in what normally starts out to be a lifelong commitment. If the couple is blessed their union springs forth a burst of joy in the shape a tiny infant, solely dependent on two people with absolutely no parenting experience.

We must ask ourselves who is better suited to determine the needs of our children and act accordingly. Our U.S. Constitution guarantees each citizen the right to life, liberty and the pursuit of happiness. We have the right to raise our children as we choose – that includes to right to discipline our child and instill in them our values.

The current witch-hunt against parents must stop. My phone hasn’t stopped ringing in weeks. I get several telephone calls daily from parents and grandparents who have lost their children – sometimes permanently – to the state. Without exception, every single person I have spoken to admits to not being a perfect parent.

After all, we each learn to parent by watching our own imperfect parents in action. Is that a valid reason to revoke the Constitutional rights of a citizen? Foster care agencies have hired PR companies to launch extensive media campaigns to convince the general public and our legislators that we have a huge problem that needs money thrown at it.

I grew up with an alcoholic father and an immature co-dependent mother. We were so far below the poverty line that we’d have to climb up three stories to reach the bottom rung. I can recall living in a tiny condemned house with no running water. One house we lived in had no indoor plumbing – yes, we had an outhouse and a chamber pot.

My own children grew up in a farmhouse that was built in 1896, the schoolchildren in the area all thought it was haunted. We lived there for months with the only electricity in the house coming from a cord to the barn. We got hot water on Thanksgiving Day – two years after we moved in. It was a special day.

Was I abused as a child? Was I neglected? Should I have been removed? It wasn’t until I was actually removed from my mother’s home that I was truly abused. Not only, did a foster father abuse me, while in the foster care system; I was also alone, cut off from my support system. I had no one there for me, no one to talk to or to share my grief.

Was I abused as a child? The answer is yes, by the State of Michigan. It is time the court doors were opened and we take a good hard look at the judicial branch of our government. We can no longer afford to turn our backs and close our eyes. There isn’t a government official in the nation who hasn’t heard stories that will curl your hair and cause our founding fathers to roll over in their graves.

I am in the process of add a link to each and every U.S. House Representative to Washington D.C., when I am finished. I will be calling on each of you to write a letter to your congressman, asking for real Health and Human Services reform, real Courtroom reform and a strengthening of parental rights laws. We must demand a complete investigation into each and every reported violation of law.

If you have lost your children to the state, if you feel at a loss to know what to do, get off your rear-end and get busy. No one is going to fight this fight for you. No, it’s not easy but your child is depending on you. If there have been violations in your case, you must file an official complaint with the Department of Human Services, following their regulations as set forth by state law. They are required by law to investigate every official complaint they receive. So complain already.

Have you contacted your U.S. House Representative? They have been charged by congress to oversee the Department of Health and Human Services – the only branch of government charged with monitoring child protective services agencies. Each office has an aide assigned to handle investigations. He or she should request a copy of any proof you have. Be sure to include as many facts as you know, a statement of what laws you believe have been broken. Do not get emotional or go into minute details.

CPS caseworkers will know that you have filed a report. They will not like it because that means they are being investigated, so they have to be on their toes. Don’t expect them to be pleased with you, but you should not be afraid of them either.

My best advice to anyone facing a CPS investigation has always been to run, unless of course you are guilty as charged. Possession is still 9/10th of the law and getting your children back from custody can cost you your home, your job, your sanity, your friends and even your marriage. The cost of fighting is simply too high. It took the He family over 7-years to get little Anna Mae back. 7-years they will never get back. The precious bonding years when a child develops their own personality, they learn about family and heritage – belong to someone – all gone.

Yes, there are bad parents, there are children who need saving and they deserve all the help we can give them. However, before any social worker can step in and Kidjack a child, they better have proof and lots of it. They must be made to prove beyond a reasonable doubt that a child is in danger or has been physically harmed.

Anything less is simply unacceptable.

Please write a letter to your congressman today and demand a change.

AMH Case: Round 2

February 24, 2007 in China, He Case, Kidjacked, Tennessee

As far as I can tell everyone is lying in this case. The parties in this article both contest the facts in this case. All comments regarding the disputed facts have been deleted, no new posts will be published on this thread.

Is Memphis selling babies to the highest bidder?

The facts of this case as they are presented in this article are in dispute by several family members. I have encouraged both sides of the family to calmly voice their opinions of the case here. Update (9/08/2007): The author of this post and the editors of Kidjacked have been threatened with a lawsuit. Parties in this case are demanding that this article be removed. The names of the parties concerned have been removed.

From beyond the city of Memphis, known—perhaps with a double meaning—as the City of Blues, I wonder what happens behind closed doors that seems to lead repeatedly to old-boy politics and a judicious amount of conspiracy among the people who are supposed to represent the law: its enforcement and its applications.

I watched the drama unfold for many years as a Chinese couple, the Hes, fought to get their biological child back from a Memphis couple who decided they would simply keep the girl, regardless of the birth parents’ wishes. The Hes weren’t abusive, weren’t negligent, weren’t in any way deficient as parents. That’s a legal fact. What they were was ignorant of the ways of Memphis’s dubious legal system. Worse, what they were was Chinese.

That case has finally reached the Tennessee Supreme Court. Maybe—finally, after years of battle—the Hes will receive justice. They’ll be reunited with the daughter who was, in the eyes of most anyone but the family who now has her, stolen from them.

If this were an isolated case, I might consider acquiescing to the loud (white) voices that argue the Hes lied about this, or were negligent about that, or didn’t understand the ramifications of their decisions about this other thing. I’m a loud white voice, too, from the lefty-liberal stomping grounds of Washington State. You know how we blue states are. We thought Iraq was a mistake when more than 50% of you thought it was a good idea.

Memphis’s legal system is also a mistake. If you don’t know it already, let me show you where the weapons of mass destruction really are. And then let me ask you a question that is the fundamental question for everyone in Memphis who assumes the law is on their side.

The Hes weren’t the first. And they aren’t the last. Do you know about DM? She used to live among you, just like the Hes. She used to think Memphis—Germantown, in particular—might be a good place to live. But if your eyes aren’t round, maybe you didn’t get the memo: Memphis doesn’t want you and doesn’t like you and will not be kind to you if you are raped or if your children are stolen. Not if your skin is yellow and you don’t have the cash to manipulate the system.

Beginning in August of 2004, DM discovered that a white man—her husband, as a matter of fact—could use the Memphis system to his advantage, and the local police would extend to him all the respect, deference, and patience normally allotted to the victim of a crime, not the perpetrator.

Editor’s Note: The following accusations are strongly disputed.

  • DM’s husband abducted the couple’s ten-month-old baby. The police, by their own admission uninformed about the laws they’re supposed to enforce, did nothing.
  • DM’s husband raped her. The accusation itself merits an investigation, but when her husband countercharged her with assault (a staged event that her husband plotted out with a divorce attorney he retained even before getting married), DM was the one arrested, based solely on his word. Her time in custody gave her husband ample opportunity to raid their shared residence for valuables and to flee the scene.
  • DM’s husband used the Germantown police as his own personal attack dogs, calling in false reports of theft (items proven to still be in her husband’s possession), child abuse, and a variety of other criminal behaviors that never happened. However, the Germantown police—and his wife (a private investigator, LA), whom her husband hired as well—respond diligently to such reports, provided that the right amount of money is exchanging hands. And it is — there’s a paper trail to prove it.
  • DM’s husband harmed his own child to manipulate divorce proceedings against DM: he doused his son in gasoline and accused his estranged wife of the act. DCS and hospital staff where the boy ended up for 5 days all concluded that her husband was a threat to the children. Yet nothing was done. The police in Memphis don’t arrest their friends, apparently.
  • DM’s husband attacked and attempted to harm both DM and his son with gasoline. Never mind what he feels for his wife—this is the child he allegedly loves and wants to care for.
  • DM’s husband violently raped her again less than five months ago. As of today, he remains free…and with custody of the children.

This is only a fraction of the fiasco that has taken place, again, in the legal machinations of Memphis, Tennessee. The Guardian ad Litem in the case is not only failing to keep the children in a steady relationship with their mother (which is her job, by definition), but she was conveniently requested, by the attorney of DM’s husband.

This doesn’t even scratch the surface of the false police reports that were treated like scripture… police commonsensical failures to gather evidence that anyone who’s watched a single episode of CSI would know to do… manipulative private investigators and shady police officers working together despite official commands not to… and a host of other questionable tactics that strongly suggest politicking, racism, and good ol’ boy camaraderie between the police and a thug with a history of violence. DM’s husband, it seems, has left quite a trail of violence and restraining orders everywhere he goes.

All divorce proceedings are ugly—even the ones that go smoothly still proceed with heartbreak, disillusionment and hopelessness. Your life ends, in a way. But in this case, the Germantown police have allowed themselves, through close personal and financial relationships with DM’s husband, to become one of the divorcing spouses.

There’s a mountain of paperwork that shows what this triangular divorce has become. Who will look at it? If you can’t give it to the police who are sworn to protect you, whom can you give it to? If you are destined to be a victim because your protectors see you as different—racially, socially, economically, politically—then what are you supposed to do to save yourself and your children?

You ask questions. And you ask this question: What are you going to do about this, Memphis? Who polices the police when they choose sides?

M. Ryan
Seattle, WA

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