Parental
Intelligence
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Intelligence..
How intelligent do you have to be to raise a
child?
The young woman labored in the back seat of her parents'
car as it sped down the country highway toward the hospital.
It was the Friday after Thanksgiving 2012, and already the
tall trees pressing at the edges of the road were bare. Sara
Gordon had felt the hard pangs before breakfast. Her baby, a
girl, was born after lunch. The baby was perfect, as babies
are, but Sara's life to this point had been anything but.
Poor, white, and single, Sara Gordon was 19 years old at the
time of her daughter's birth, living with her parents, and
still in school. The baby's father, whom Sara prefers to
call "that low-life scumbag," had denied paternity and was
nowhere to be found. Not that she much cared. There was no
affection between Sara and the scumbag, no relationship even
only sex and a pregnancy, which Sara failed to
mention until her father discerned it at dinner one night
when she was about eight weeks along. She pushed a plate of
lasagna away and got up from the table. "She's knocked up,"
said Sam Gordon to his wife, Kim. "She better not be," said
Kim in response. But she knew he was right: Lasagna had
always been Sara's favorite dish.
Sara wanted to be a mother. She has a girlish attachment
to Winnie-the-Pooh, and in the months leading up to her due
date, she scoured Walmart looking for anything Pooh: socks,
onesies, crib sheets. The family couldn't afford much, but
Sara splurged on a brand-new Pooh "snappy," she says
a snuggly one-piece pajama suit with feet. And as her
pregnancy progressed, a plan took shape. Kim would quit her
job as a hospital aide to help tend to the child while Sara
was in school. Sam, who worked in a junkyard, would provide
what financial support he could.
Dana June Gordon weighed five pounds and 13 ounces at
birth, her tiny pink head covered with white-blonde fuzz.
She was named after her maternal great-grandmothers and is
pseudonymous here, along with her mother and grandparents,
to guard their privacy.
From the moment Sara entered the ward that day, the
Gordons felt that the hospital staff disapproved of them.
Sara Gordon is not like most of the young women who give
birth at this small-town hospital. She takes little care of
her appearance, preferring large, baggy T-shirts with
wiseacre slogans ("I've stopped listening. Why haven't you
stopped talking?") over clothing that might flatter her
more. Her speech is flat, her enunciation imprecise, and she
has a hard time paying attention in groups because too much
chatter whizzes past her brain. Sara has an intellectual
disability, a condition that until 2013 was listed in the
DSM as "mental retardation." Her IQ is around 70. She can
read, but it's a chore and something she frankly prefers not
to do.
So when a nurse handed her a folder, which included a
feeding chart, and asked her to read it, she was stymied. "I
was like, What the heck?" She had already filled out the
birth certificate and Social Security forms herself.
According to the family's version of things, Sara was
awestruck and overwhelmed, as most new mothers are, and
spent most of the first day in bed, holding her daughter and
talking to her, counting her fingers and holding her little
feet, at one point stripping her entirely bare so that she
could better gaze on her daughter's amazing, miniature self.
"Oh my God, look at this belly!" she exclaimed. Sara
couldn't wait to dress her baby in the new outfits she'd
bought and put Dana in the Pooh snappy straightaway
then fretted over how the baby seemed to swim in it.
She also worried over the size of the nipple on the bottle
she'd been given to feed her daughter. It was so big, and
Dana's mouth was so, so small. Sara asked one nurse for a
different nipple and got the brush-off; but it turned out
she was right, she says, and a second nurse found her a more
comfortable fit.
Visiting hours ended at 8 p.m., and Sam and Kim went home
so everybody could get some sleep. For the first time, Sara
was left alone with her child, and she missed a feeding
because she cannot tell time on a clock with hands. "Digital
is so much better to read," she explains to me during my
second long visit with her and her family, nodding to the
clock on their apartment wall. "That clock there? I would be
off by, like, 45 minutes."
The way the medical staff saw it, the birth of Dana
Gordon was cause for concern. At some point, believing the
baby's life was at risk, someone alerted the Massachusetts
Department of Children and Families. The hospital was
worried that Sara "was not able to comprehend how to handle
or care for the child due to the mother's mental
retardation," according to a document published jointly by
the U.S. Departments of Justice and Health and Human
Services in connection with the case. In addition to having
missed the feeding, Sara didn't hold the baby safely. She
seemed checked out, watching cartoons, according to a DCF
account, while the baby cried.
On Sunday morning, two investigators from DCF appeared in
Sara's room. One of them, a man named Scott Henderson, asked
Sara a bunch of questions. Who was the baby's father? Who
planned to care for the child? Kim explained that Sara would
be the mother but that, as the grandmother, she would
help. Then Henderson asked Sara to show him that she could
swaddle; she made an attempt, trying to wrap Dana snugly
into a receiving blanket, but "it wasn't good enough," she
remembers. "I didn't do it right. He pushed me out of the
way and said, 'Let me see if I can do it,' kind of joking
about it. And they're like, 'Oh, you can't do this.' Like,
very negative." (DCF declined to comment on the details of
the Sara Gordon case, citing continued work with the DOJ on
issues related to the case.)
According to his report, Henderson believed that Sara
could not keep her baby safe. In his presence, she forgot to
burp the baby and to clean the spit out of her mouth; she
held Dana clumsily and was uncomfortable changing her
diaper. These complaints might apply to any first-time
mother, but the state saw signs of deeper problems: "Dana
needs to come into foster care at this time. There are
concerns with Ms. Gordon's ability to meet the basic needs
of a newborn child." On Commonwealth of Massachusetts
letterhead, Henderson declared there was reason to believe
that Dana Gordon had, already, suffered neglect at the hands
of her biological mother. The baby would leave the hospital
in the care of the state. And the Gordons would go home to
their apartment full of baby supplies. "It was pretty bad
when I had to pack it up and stick it in my closet so I
wouldn't see it again," Sara says. "It was like, Wow, the
baby stuff. Huh no baby."
How smart do you have to be to be a parent? Sara didn't
walk until she was 18 months old. She didn't talk until she
was 4. Potty-training was a years-long challenge: Kim can't
count the number of times she was called to Sara's preschool
classroom because Sara had had "an accident" a mess
no teacher wanted to touch. Now 22, she dresses herself and
can keep herself clean; she can cook spaghetti and slice a
cucumber and do her own laundry and scan a document, and
though she does not drive, she can get herself, on foot or
by bike, to meet her grandfather for a free church dinner on
Mondays, Wednesdays, and Thursdays. She is learning to take
the bus. According to an assessment done in the fall of
2014, Sara's functioning is "borderline." She has trouble
keeping track of details she may get "sidetracked,"
as her father puts it, on the way to the store and
with processing and communicating complex ideas. She needs
help interpreting the dosage instructions on the back of a
medicine bottle, and she doesn't know how big a teaspoon is.
Her mother keeps track of her money.
The most concrete assessments of Sara's abilities, of
course, were made in school an environment she
loathed. It was an immersion experience in being judged and
failing to live up to someone else's standards. Sara always
had an IEP (individualized education plan) that detailed the
extent of her disability, assessed her learning style, and
entitled her to special-education services. But under
constant scrutiny, Sara developed a hypersensitivity to
being underestimated and an "irritation" (her
word) toward anyone who presumed her incompetence. She told
me twice about an English teacher who
suggested she opt out of taking the Massachusetts state exam
that high-school students have to pass to graduate. "I said
to her, 'You don't think you have confidence in me, but I'm
going to show you wrong.' " Sara did pass the English
portion of the test, but not the science or the math, and
received a "certificate" for having finished four years of
high school, but no diploma.
But the frustrations had begun much earlier. In pre-K,
she couldn't sit still at circle time; in first grade, she
was sent to a speech pathologist. She had few friends.
Confronted with her own limitations and the impatience of
her teachers, Sara would wind up affronted and angry. "Like,
there would be a floor puzzle and I would do it the way I
know how to do it and they would be like, 'No, no, no,
you're doing it wrong. You have to do it this way.' And I
would be like, 'I'm doing it. Why does it matter?' " Sara
remembers. "And then they would show me and I would get
irritated I would get so mad at them. Eventually, I
would end up in a corner "
"Which I thought was wrong," adds her mother, in her wide
New England accent. "Don't put my daughter in the corner
because you can't "
"Because you don't have the patience to sit down and try
to ..." Here Sara trails off.
However infuriating Sara and her mother found school,
this educational setting represented an enormous leap
forward for kids with intellectual disabilities. Until 1975,
when Congress passed a law requiring all school districts to
deliver "a free appropriate" public education to disabled
kids, most children like Sara wouldn't have gone to public
school at all. They might have been kept at home and hidden
away, or their parents might have been persuaded, for the
sake of the other children, to send their disabled offspring
to institutions where they were sometimes shackled, beaten,
or starved treated, in other words, as if they were
not quite human. (In 1967, 200,000 Americans lived in these
facilities against their will.)
That Sara was in school doing puzzles can be seen as a
progressive victory. But while schools have (mostly)
developed the capacity to teach and help the intellectually
disabled within their four walls, the same supports are not
there outside that environment. And there is still no
consensus about what to do with an intellectually disabled
adolescent who becomes sexually active. Some parents, like
Kim, dream of married happiness for their disabled children,
but others find peace of mind in surgeries or prescription
drugs that render their kids infertile. Today's
schoolchildren may be instructed to have a respect for
"difference," but among their parents, there is still a deep
ambivalence about the propriety of people with limited
intelligence to procreate an uncomfortable echo of
Oliver Wendell Holmes, who, back in 1927, in the Supreme
Court decision affirming the right of states to sterilize
the "feeble minded" without their consent, declared that
"three generations of imbeciles are enough."
And when a woman with an intellectual disability does
conceive, she often has no safety net especially if,
like Sara Gordon, she also has no means. Thirty-seven states
still have laws on the books that make a disability reason
enough to terminate a person's parental rights, according to
a groundbreaking investigation called "Rocking the Cradle"
published by the National Council on Disability in September
2012, two months before Dana Gordon's birth. People with all
types of disabilities report losing custody of their
children with "alarming frequency," according to the report,
and for those with intellectual disabilities, the rate can
be as high as 80 percent. The cognition question thus has a
civil-rights context. It's not just "Can Sara Gordon do it?"
It's also "Should she?"
The social-science research in this area is sparse and
was, for most of the 20th century, far from elucidating. In
1978, a paper showed that "retarded young mothers" were more
controlling and punitive with their kids than a control
group; in 1984, researchers working with a very small sample
of "mothers with mental retardation" found that these women
were significantly less sensitive to their children than
mothers in any other group except for those already
determined to have abused or neglected their kids. They were
often interfering and intrusive while their babies played
and generally nonresponsive to their children's cues.
But in the 1980s, a psychologist in Toronto named Maurice
Feldman began to study the mothering capabilities of these
women in earnest, trying both to locate and to remediate
their gaps in functioning. And he found that while most of
the intellectually disabled mothers he studied failed to
meet a minimum standard of care when endeavoring to
accomplish parenting's most basic taskstreating diaper
rash, cleaning baby bottles, and providing regular,
nutritious meals with the right kind of intervention,
they could also succeed. By breaking down ordinary chores
into step-by-step lists and then walking parents through the
steps, again and again, Feldman found that he could raise a
parent's competency to an adequate level. He was even able
to teach more nuanced skills, like praising, hugging, and
talking to their young kids, which were long believed to be
more difficult for them, since one of the signs of
intellectual disability is a limited capacity for
empathy.
That all a child needs is love seems, at first,
irrefutable. But parse the meaning and the substance looks
less clear. There is feral parental love, the kind that
propels parents to leap in front of runaway taxis to protect
their kin or imagine, frightfully, that they might be
called upon to do so. There is pride and awe at having made
something, someone, miraculously and out of your own body.
And then the way that bond yields, in part and over time, to
enchantment at the child's irreducible otherness. There is
perspective. There is counsel. There is empathy, and
sympathy, and compassion. There is advice, doled out in ways
that require mental acrobatics and endurance and emotional
stamina. There is safeguarding. There is scheduling. There
is the duty felt to provide, and then the provision itself
the execution over exhausting years of a million
quotidian chores, many of which require cognition and some
of which don't. Which is why the example of Sara Gordon
poses such an excruciating dilemma. Parenting demands so
many different kinds of ability that most of us start, at
least, with some kind of deficit. But how much deficit is
too much? At what point do a mother's limitations disqualify
her from being a mother?
The job of children's services is to answer these
questions, and as any child-welfare worker will tell you,
they're damned if they do and damned if they don't. The
wrong decision can have disastrous effects. In 2012, a
mother with "mild mental retardation" in Florida was
convicted of murder after her baby died of starvation; she
couldn't follow the directions on the powdered-formula can,
her lawyer said. That same year, a baby drowned in the
bathtub while his babysitter, who had an IQ of 65, lost
track of time checking Facebook. Even Feldman, who believes
that most women with intellectual disabilities can become
good-enough mothers, refuses to say for sure. When he makes
a clinical assessment in a custody proceeding, he always
says, "It depends."
Two days after Dana was put into foster care, a judge
agreed with DCF that the child was at risk, and the Gordon
family was launched into the strange legal universe in which
a single interventionist act becomes the basis for years of
acrimonious litigation, in which an aggrieved mother becomes
an unwilling defendant and the state's social workers are
recast as police. Dana and her mother were each given
separate lawyers, paid for by the state. Sara's attorney, a
leftist named Mark Watkins with a habit of smoking
hand-rolled cigarettes, was determined to help Sara regain
custody. Dana's lawyer, Jeannie Rhinehart, a young
African-American woman raised in Boston, saw her
responsibility differently: She had to decide where Dana, an
infant, would want to live if she could express her
preferences. As she put it to me, "If the child could make a
reasonable judgment, what would it be?"
When Dana Gordon was 11 days old, DCF took her out of a
temporary foster home and placed her in the care of Jenny
and Daniel Fox, a middle-aged couple who live in a tidy
one-story house about an hour from the Gordons' apartment,
also deep in the Massachusetts woods. They are Mennonites.
They have a livestock shed and a seated mower in their
driveway. On the day I met her, Jenny was wearing a blue
cotton dress down to her ankles, a starched white cap on her
blonde-gray hair, and a purple fleece buttoned up against
the chill. Her husband works in a woodworking shop that also
employs others in their small religious community. "I love
children," Jenny Fox told me, "and I haven't been able to
have biological children of my own." When Dana entered their
lives, the Foxes had already raised two boys they'd adopted,
now nearly grown, and were fostering a 1-year-old who was a
paternal half-brother to the newborn Dana. (The father had
relinquished paternity in this case, as he did with Dana.)
But the Foxes had always yearned for a girl. Dana was, quite
literally, the answer to their prayers. "It was a dream,"
Jenny Fox said.
Picture-book foster families do exist, but foster care is
frequently calamitous. Kally Walsh, Kim Gordon's attorney,
believes the problems of children's services are among the
human-rights outrages of our time "the new innocence
project," she says. Massive, longitudinal studies have
recently shown that kids, especially older ones, do better
over the long term (less likely to wind up pregnant as
teenagers, to be addicted to drugs, to land in prison)
living with their own kin, even if those families are
broken, chaotic, or neglectful. In the best of all possible
worlds, "substitute care," as the state euphemistically
calls it, functions as a time-out in a family's life, a
chance for parents to reorganize so their kids can safely
come home. To that end, the state articulates a set of tasks
and goals, called a "service plan," that the parent must
meet to ameliorate the agency's concerns and achieve family
"reunification." A drug user might need to enter rehab; a
batterer might have to go to anger-management sessions.
The state's terms initially allowed Sara to see Dana for
one hour, once a week, and she made a point of showing up on
time, with her mother, bearing food, diapers, changes of
clothes, and toys. Sara understood that to get Dana back,
she had better do as she was told. "The social worker was
like, 'You have to do this and this and this and this,' "
Sara remembers, "and I was like, 'Yeah.' " So she checked
DCF's boxes: She attended individual therapy and parenting
classes and practiced diapering on baby dolls. She stayed in
school. On her own initiative, she took and passed a CPR
course.
Sara's visits with Dana usually took place at one of the
offices of Valuing Our Children, a local nonprofit that
provides services playgroups, secondhand-clothing
exchanges, fathers' and grandparents' groups to help
their clients be better parents. There are three playrooms
there stocked with toys and dolls, a changing table, and a
kitchenette. A DCF social worker was always present during
the visits, and she continued to record the agency's
concerns about Sara's competence. (At first, Kim was not
allowed to help Sara at all; later, she was permitted to do
so for ten minutes.)
In the first few months, Sara's affect was "blank,"
remembers Jenny Fox. Several times, her social workers
reported, Sara walked away from the squirming infant on the
changing table. Other times, as Dana was learning to roll
over, Sara let her bump her head. During the baby's first
year, Sara "has not always handled Dana safely," DCF wrote
in a status report, nor did she seem cognizant of the baby's
schedule. She didn't ask the foster parents about recent
feedings. It frequently took Sara more than 15 minutes to
change Dana's diaper, and twice, when Dana was crying, Sara
could not manage to console her. Both times, after the baby
cried nonstop for about 20 minutes, DCF terminated the
visit. And in June 2013, when Dana Gordon was just 7 months
old, DCF staff held an internal meeting and moved to change
their stated goal from reunification to the termination of
parental rights, setting into motion the machinery that
would sever any legal claim Sara Gordon had to her daughter.
Dana would be better off, they thought, living permanently
with the Foxes.
Children's services can't unilaterally decide who is and
isn't entitled to be a parent a court has to affirm
the decision, judging both the fitness of parents and
weighing "the best interests of the child," a murky legal
standard. A secure bond with a caregiver, especially in
infancy, is crucial to healthy development, and the
disruption of a secure bond is almost always traumatic. In
this way, the early intervention in the case of Sara Gordon
came to seem doubly unfair: Children's services took the
baby without giving Sara a reasonable chance to prove
herself as a mother, and in doing so it impeded the
development of the mother-child bond.
Jenny Fox meets one definition of "mother" a solo
operator, a keeper of details, the family's representative
to the world, a resource for her children during squabbles
with friends and struggles at school. Jenny cooks and cleans
and shops and remembers scheduled doctor's appointments,
ferrying the kids back and forth to church and school. She
knows shoe sizes and emergency phone numbers and the names
of teachers and favorite foods, and when she disciplines her
children, she speaks to them quietly, gently, almost in a
whisper. Jenny dressed the baby girl in her care in the long
dresses of her faith; she was delighted to sew them
herself.
But Sara sees a mother as something else: a member of a
clan, a blood tie. Sara loves to describe Dana as her
"mini-me." The child looks as she did at the same age. Dana
is rambunctious and willful and playful like she is, so Sara
and her mother fretted that she might have inherited her
vulnerabilities, too: lactose intolerance, a short attention
span, delayed speech and gross motor skills. The Gordons say
they implored DCF to require Jenny to take Dana to
pediatricians familiar with Sara's medical history, but the
agency refused, saying the Foxes lived too far away. And the
Gordons had their own concerns about the Foxes' care: Once
Kim showed me a photo Dana showed up to a
visit with a black eye. Twice, she had burns on her fingers
and arms.
That Dana's own grandparents wanted to care for her, and
that they had made concrete arrangements do to so, has
always been a contentious fact in the case. Was the family's
plan, laid back in the summer of 2012, an admission of
Sara's incapacity? Or was it a signal that the Gordon family
understood, as so many families do, that parenting is a
collective enterprise at heart?
Kim Gordon remembers asking Scott Henderson to leave the
baby with her in the hospital that November day. In light of
DCF's reservations about Sara, weren't the baby's own
grandparents the next best thing? Usually, yes, but in
this case Henderson said no. And the agency had reason,
other than Sara's apparent incompetence, to be concerned
about leaving Dana with Sam and Kim. In the late 1990s, Sam
and Kim Gordon had had their own run-in with DCF. Their
three children, including Sara, were removed from their home
while Sam, an alcoholic prone to unpredictable
disappearances and violent rages, entered rehab and sobered
up. (He says he has been sober ever since, for 18 years.)
DCF also believed that Sara had been sexually abused,
although Mark Watkins (who was Sam's lawyer at the time)
says the state's expert found the evidence "inconclusive,"
and Sam and Kim say it never happened. Kim remembers that
day as a traumatic invasion, being blocked into a corner by
four cops while Sara, then 4, was taken from the apartment.
And though everyone in the family carries a retrospective
horror of that period, which lasted about nine months, they
also agree that Sam's sobriety has been an immeasurable
improvement. DCF "made my dad a ten times better person,"
Sara says. Still, a mutual, historic suspicion colored every
interaction between the Gordons and the agency, a tension
that on the Gordons' part was amplified by paranoia,
powerlessness, and recollections of fear.
Then DCF changed its goal for Dana to adoption. "That's
when I said, 'I've had enough,' " Kim remembers. Over the
family's adamant objections, DCF had reduced Sara's visits
to twice a month and continued to catalogue her deficits:
She let the baby choke on Goldfish crackers; she didn't hold
on to her as she went down the playground slide; she didn't
grab her as she ran toward the street even though the
toddler was less than an arm's length away. The Gordons had
been keeping their own list, and Kim, who is
detail-oriented, began flagging every instance when a social
worker failed to keep an appointment and notifying DCF, in
writing, every time Dana showed up to a visit with a bump or
a bruise. Jenny Fox told DCF that Dana was an active child,
always climbing; the bumps and scrapes, she said, were the
usual badges of toddlerhood. But the burns, she explained,
were something else. The families in their community used
woodstoves, and Dana had gotten too close.
Sara hated that her daughter was being taught to say
'Mama' by another woman, and she hated that she was being
raised as a Mennonite. The family values she hoped to teach
her child, she told me, were broader than that, more like,
"Who cares, as long as we get along? You treat me with
respect, and I'll treat you with respect.' "
Dana's clothing became a particular battleground
"a stuck issue," as a DCF social worker put it in one
assessment of the case. The child would show up to visits
wearing her long dresses with tiny buttonholes, and Sara
would immediately undress her, putting her in outfits that
constrained her less in the summer, little matching
tops with shorts. And often Sara would return the girl to
the foster home in the clothing she chose as a way of
asserting her imprint on the girl. "The longer we got into
it, the more we could feel that they wanted her as much as
we wanted her," Jenny Fox remembers.
The Gordons believed that DCF was handling Sara's case as
her teachers had punting on their ostensible goal,
reunification, because they didn't want to deal with Sara's
problems. Sara speaks especially bitterly about her first
social worker, who would stand aside and watch as she tried
to feed, soothe, and diaper Dana during visits, timing her
and taking notes on her phone but offering no encouragement.
"I needed more time. I can't learn in five minutes. It just
doesn't fit in my book," she tells me.
"They judge even before they read the book," she
continues. "Instead of reading the beginning, they go
straight to the end. And they always judge people by what
they think they are instead of what they legit are. Like,
they're like, 'Oh, she's mental, she's stupid, she's this,
she's that.' They always judge a book by its cover even if
it's not even the right book. It could be a fairy-tale book
and they'd start at the end."
In the spring of 2014, Sara Gordon filed a discrimination
complaint against DCF with the U.S. Department of Justice.
In filing her claim, Sara got advice and support from a lot
of people, but the person who helped her the most was,
probably, a 61-year-old wheelchair user named Kelly
Buckland, whom she does not know and with whom she has
little in common. In 1970, Buckland, an Idaho farm boy, dove
off a boat dock into shallow water and broke his neck. At 16
years old, he became a quadriplegic. He didn't like to think
of himself as disabled he wanted to live, as much as
possible, as he had before his accident and he was
shocked when he entered Boise State University in 1974 and
was told he would be residing among the elderly and the
infirm in a nursing home. "How do you take someone back to
your place if you're in a nursing home?" he asked me. "It's
a little tough."
Buckland had his accident just as a broad
disability-rights movement was taking shape, a coalition of
interest groups insisting that the duty of government and
other public institutions was not to segregate them but to
accommodate their particular needs. The Independent Living
Movement started with things like wheelchair ramps and
Braille elevator buttons and culminated, finally, with the
passage of the Americans With Disabilities Act, a sweeping
federal law signed by President George H.W. Bush in 1990
that granted to disabled people equality in employment and
compensation, public housing and schooling, and access to
public buildings and transportation. Though not a
particularly vocal or organized coalition, the
intellectually disabled were explicitly included among the
beneficiaries of this law; there have been, historically,
divisions and hierarchies among these groups, but as the
framers of the ADA saw it, the intellectually disabled had
more in common with other disabled people owing to their
shared experience of discrimination than they had
differences.
Parenting was the next frontier. As Buckland traveled
Idaho during the 1990s, he heard the same complaint again
and again: that children were being taken away from disabled
people. Buckland was childless at the time, but he knew
discrimination when he saw it, and when he looked at the
family-court statutes, he saw that a "handicap" was
sufficient cause to remove a child from his or her home or
to favor an abled parent over a disabled one in a custody
suit. Moreover, those laws contained "horrible language,"
Buckland remembers, "like 'cripples' and 'retarded' and what
would now be considered incredibly offensive language."
Buckland believed that these family-court laws violated the
spirit of the ADA, and in 1996, he and a small team of
colleagues set about rewriting them.
Today, Buckland is the executive director of the National
Council on Independent Living in Washington, D.C. "I really
wanted to do something nationally," he told me. "This is the
most fundamental of human rights: the ability to reproduce
and raise your children." It's not that all disabled people
make good parents, Buckland told me, it's that their
parenting should be assessed on the merits and not on the
basis of their disability. The first thing he did upon
arriving in Washington was to urge the National Council on
Disability, which advises the government on policy, to
produce the "Rocking the Cradle" report. An NCD lawyer named
Robyn Powell, also a wheelchair user, embraced the job with
an almost ecstatic enthusiasm. "You have no idea," she told
me, "how many doctors have offered me a hysterectomy without
being asked. And when I tell them I plan to have children,
their jaw drops to the floor."
It was Powell, in fact, who alerted the Department of
Justice to the Sara Gordon case. In June 2014, she was
giving a talk in Northampton, Massachusetts, when Shirley
Mitchell and Bette Jenks, social workers and advocates for
Sara Gordon from Valuing Our Children, approached her and
told her Sara's story. They were desperate and asked for her
help.
Powell picked up the phone. "I reached out to the people
I was working with over at Justice. I said, 'I know you're
looking for stories,' and I told them about Sara. And they
said, 'Oh my goodness.' "
If social workers from children's services entered your
home to assess the adequacy of your parenting, what would
they see? The parent face you post on Instagram? Or a person
who's maybe sometimes too impatient or absent-minded or
preoccupied with work, who's prone to sulking, nagging,
yelling, or drinking a third glass of wine? They would look
at your physical and mental health; your employment history;
your relationships; the cleanliness of your home and the
food in your fridge; the health of the other children in
your care. They would also assess your financial resources,
since chronic illness and addiction and domestic abuse can
be exacerbated by poverty. They would make judgments about
all these things, perhaps especially poverty ("If you're
filthy rich, they don't take your kids," is how Sara puts
it). But if they were doing their job right, they would look
also at your "adaptive" abilities. As a parent, how do you
compensate for your weaknesses?
In this way, Sara Gordon is extraordinary. People with
intellectual disabilities tend to suffer from an
overwhelming isolation, which can impede their parenting
more than the disability itself. They have no one to ask, or
don't want to ask, about teething and toilet training and
the politics of birthday parties. Long years as the object
of "retard" jokes make the admission of uncertainties feel
threatening, unsafe. But Sara is different. She is able, far
more than most intellectually disabled people maybe
more than most people to admit what she doesn't know
and to enlist the right kind of help. As she told me during
the first of two long visits I made to see her and her
family, "I know I learn different. And that's what makes me
me. If I didn't have a disability, I probably wouldn't act
the same way."
When I initially met Sara, at her lawyer's house, in the
company of her parents, she seemed to me not so much
disabled as young. At 22, she is charming, rebellious,
tough, sarcastic, good-natured, dramatic, impatient,
obsessed with fairness. In larger groups, she is shy. As she
was battling for her child, she was able to surround herself
with a small army of surrogates, advocates, and fans
lawyers, social workers, educators, state legislators, even
certain employees of DCF who found her compelling and
who admired her persistence, what might once have been
called Sara's moxie.
In talking about her life, Sara often dwells on her
unhappiness at school. She describes herself as a former
drama queen, who once thrived on conflict as a way of
deflecting notice from her deficiencies. Together, Sara and
her mother provided me with a litany of Sara's trespasses:
She hit a kid who called her a "cunt," she swore at a
teacher, she crushed someone's cell phone; she was sent to
the corner or into the hall or Kim had to come get her from
school. I used the word defiant, and Sara corrected me. "I
wouldn't say defiant. I just didn't like a lot of people,"
she said decisively. "I'm still the same way. If I got to
know you a little bit, that would be a different story
because it would be, like, 'Oh, it's just you.' I'd joke
around with you. But there were certain people who were
like, 'Oh, I'm better than you.' I didn't like their
attitude, looking down on you. 'I have more money than you.'
'Oh, look, you're wearing Walmart shoes. I have Bob's.' It's
like, who cares? They're shoes." Sara used to get her back
up a lot, but the birth of her daughter was reorienting, she
told me. She learned to channel her anger in a productive
way.
One day in the spring of 2014, a contact at DCF suggested
to Shirley Mitchell that Sara might want to make some noise,
to try to draw the attention of prominent lawmakers or
prosecutors to her case, and on May 20, Sara Gordon sent the
first of 13 emails into the ether. The subject line: "Please
Help Me Get My Daughter Back." Sara did have some help from
Shirley Mitchell typing these notes, but they are personal,
they sound like her, and they are powerful. "Dana was stolen
from me," Sara wrote. "I want my daughter Dana to live with
my parents and me. I have a right to raise my daughter ... I
have done nothing wrong. I have never hurt her. I want her
safe."
These emails continued through the winter, the list of
recipients ballooning from 16 to 45 to 52. They came to
include the Massachusetts child advocate; the governor;
Robyn Powell; and, eventually, staffers at the DOJ and HHS.
In August, lawyers from the DOJ and HHS arrived in rural
Massachusetts and began driving around and asking a lot of
questions. Through email, Sara kept the heat on. "I need to
remind you that my daughter Dana June Gordon was STOLEN from
me," Sara wrote in September. "Every person has a right to
parent. It doesn't matter about their learning disability.
Even if they have two broken arms you should be able to
parent."
The "foster care review" meeting that November was a
turning point. All the parties in the case, about a dozen
people, were assembled around a conference table in a dim
room in a municipal building for a regular status update.
The mood was tense, and Sara and Kim were feeling ignored
and disrespected. "I got so fed up toward the end," Sara
told me. "That's when I started speaking. I got tired of
hearing: 'She's a bad mother.' 'She can't take care of her
child.' 'She shouldn't have any more children.' "
"How would you feel?" she began. She talked about how it
felt to see her own child, to whom she'd given birth, just
twice a month for an hour, to have no say over her life or
her future, and to be on the brink of losing her for good.
"I forget how I worded it, but I was like, 'What did I do to
deserve my kid being taken away? I did nothing wrong.' "
Sara remembers. "And they all just paused for I'd say
probably like five minutes. It was quiet in that room.
Quiet."
The presiding reviewer recommended that DCF reverse its
course. "Adoption is no longer the most appropriate
permanency plan," she wrote. It was obvious: Sara wanted the
child. She lived with her parents, who were willing, and
able, to help. In light of these facts, the reviewer
suggested that Sam and Kim become Dana's legal guardians,
allowing "their disabled daughter to play a role." One
observer dissented, noting how bonded Dana seemed to be, at
nearly 2, with the Foxes.
And in January 2015, DOJ and HHS issued a letter finding
the Massachusetts Department of Children and Families had
committed "extensive, ongoing violations" of the Americans
With Disabilities Act in the case of Sara Gordon. "DCF acted
based on Ms. Gordon's disability as well as on DCF's
discriminatory assumptions and stereotypes about her
disability," it said. The letter said nothing about adequate
parents or optimal outcomes or a 2-year-old's best
interests. It merely said that in its dealings with Sara
Gordon, DCF made assumptions about Sara's ability, that it
did not take into account her strong support network, and
that it consistently failed to accommodate her disability to
help her live as much as possible like everyone else.
Dana Gordon was reunited with her biological mother in a
courthouse in Greenfield, Massachusetts, on Monday, March 9,
2015. Judge Judith Phillips had granted guardianship of the
child to Kim Gordon, the child's grandmother, the previous
Friday, and the Foxes had been given the weekend to say
good-bye. Jenny Fox's eyes well up when she recalls that
moment the suddenness of the reversal after being
mother to the child for two full years. "As you can see, I'm
a believer in God, and sometimes the only answer is that God
knows the bigger picture and he knows what's best for her
and us in ways we cannot understand." But when she comes
across one of Dana's tiny dresses, which she didn't include
among Dana's other things when she packed her up to leave,
she still breaks down.
The Gordons describe the 20 minutes they waited in the
courthouse for Dana as the most agonizing of their lives.
Kim screamed when she heard about the DOJ letter and started
jumping around the apartment and crying like a child. "We
won! Oh my God!" she remembers. "We won!" But for Sara, the
reality took longer to sink in, and it wasn't until she was
in the courthouse waiting room, with her mother and her
father and an empty car seat, that she began to feel like it
was happening. "I was like, 'Oh my God, she's actually
coming home.' They're not going to come and get her," she
says. "And then it hit." The Gordons could hear Dana crying
behind a door.
Finally, someone walked into the room holding her
daughter, Sara remembers. "And the minute she saw me, she
was like, 'Oh my God, I get to go home.' "
"And out come the arms," adds Kim.
And then Dana said "Mama." The Gordon family grabbed
their stuff, including a few sacks of Dana's belongings. And
then all four of them booked out of the courthouse as fast
as they could, before anyone with any power had a chance to
change their mind.
Chinese-takeout containers are spread all over the
living-room floor in the Gordon-family apartment: beef with
snow peas, egg rolls, a chicken dish. The apartment itself
is tidy and small, but the furniture is grimy and ancient.
There's a dining table, but no one ever seems to want to eat
there, Kim tells me with a little laugh. It's plates and
laps and sitting on the grubby rug in front of a TV set,
which is off.
Sara brings silverware and cups for soda, while Dana
whizzes around like a dervish. She, the child, is the center
of everything. "More rice!" she says. Sam frets about spills
and Kim tries to moves containers out of Dana's path, while
Dana tries to help herself to beef.
"Mom," says Sara, "she likes anything that has to do with
peas!" Sara herself is a pea lover.
"More!" says Dana, reaching for the spoon, but Sara cuts
her off.
"Dana, you don't eat that much." What Dana wants
it's Sam who perceives this is not the food but the
serving spoon. Also, she wants the plastic bag the food
arrived in, so she can toss it in the air and watch it float
back down. Her grandmother, looking up from her plate, sees
the game and begins to bat the bag up so that Dana can catch
it. But Sara disapproves. "Stop encouraging it," she says,
grumpily. Kim looks at me as if she's been busted.
Eventually, inevitably, there's a pile of beef and peas
on the living-room rug. No one jumps up and scurries off for
cleaning supplies, and no one scolds or raises a voice. "We
have a dustpan," Sara says, without moving. "Makes it
easier."
"Accidents happen," Kim joins in.
"She's just a baby," I observe.
"She's not a baby," Sara points out accurately.
"She's still a baby," Kim responds, correcting her.
"You're still my baby."
In fact, it's late fall, and Dana's 3rd birthday is a few
weeks away, the first one they will celebrate together. Sara
has a fantasy party in her head, a Pooh-Bear extravaganza
with a Winnie-the-Pooh cake, and wrapping paper, and a
bouncy house. They can't afford a huge thing, but in Sara's
imagination, it's a blowout. And just as Sara begins to
describe the birthday party of her dreams, Dana comes
hurtling across the living-room rug and throws herself at
her mother's body, flinging her arms around her neck. "Ow!"
says Sara, in surprise, as if she doesn't quite know what to
do or say.
"What makes a good mother?" I ask later, while Sara's own
mother busies herself in the kitchen, putting the dishes
away. Sara pauses for a minute to think. "Courage," she
answers. "Patience. Not killing your child. Nah I'm
just kidding on that one."
Source: www.aol.com/article/2016/01/25/how-intelligent-do-you-have-to-be-to-raise-a-child/21302208/
* * *
"To honor thy parents means they have to be honorable."
---Author Unknown
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