Rehabilitated mother is denied custody of her daughter

Remade life not enough for custody
Coolidge, Sharon. Cincinnati Enquirer, July 20, 2006

Fugate thought she lost her 7-year-old daughter forever when the state took custody of the girl away from her nine years ago because she was an unfit mother.

Back then, Fugate was addicted to crack and floating in and out of prison. Nearly a decade later, Fugate is free from drugs, works full time and lives in a Westwood apartment.

She has spent three years fighting to get her daughter back. She was supported by a Hamilton County Juvenile Court judge and the 1st District Court of Appeals.

But Wednesday, the Ohio Supreme Court unanimously ruled Fugate has no right to legal custody of her daughter, Selina McBride, now 16 and living in an Avondale group home for foster children.

Ohio's high court ruled that when a court terminates parental rights and gives permanent custody to a child-services agency, the parent does not have the right to ask for custody.

Fugate is believed to be the first Ohio parent who lost her parental rights and sought to regain custody.

Fugate was stunned by the decision, but not deterred. "It may say that on a piece of paper, but they can't stop me from seeing or talking to my daughter," she said.

Fugate has one last hope. In the court decision, Justice Judith Ann Lanzinger pointed out the Hamilton County Department of Job and Family Services could ask the court to give Fugate custody. But that's unlikely because the agency has fought Fugate's attempt to regain custody.

Fugate's attorney, Christopher Kapsal, said he was disappointed. "We had success at every level until now," he said.

Rick Roberts, director of Hamilton County Job and Family Services, said he is pleased with the decision. He refused comment on Fugate or McBride.

If the court had ruled for Fugate, Roberts said, it could have opened the floodgates for other parents to do the same thing. "It could have created problems not only for us, but other children services agencies across the country," he said.

Those numbers could be significant because the Hamilton County agency took permanent custody of 460 children last year. The Fugate case dates to July 1996, the year a Hamilton County Juvenile Court magistrate found 6-year-old Selina was neglected and put her into foster care. The following year, that became permanent.

But Fugate was determined.Since Selina was taken from her, she has kicked her drug habit, found a job and a place to live. She dreamed of finding her daughter, but didn't know where to start. Then in 2002, her son, who was also taken from Fugate, turned 18 and contacted his mother. He told his mother McBride remained in a foster home.

Fugate petitioned juvenile court in 2003 seeking custody of McBride, arguing she should be allowed to seek custody just as if she were a stranger hoping to adopt.

Job and Family Services fought that move, persisting even after the 1st District Court of Appeals sided with Fugate.

Ohio's high court cited two laws in Wednesday's decision that forbid Fugate from regaining custody.
-One law says that once permanent custody has been awarded to a child-services agency, parents can no longer be involved in that case.
-The other denies Fugate the right to file for custody because she is not one of four entities allowed to do so by law. They are a child-services agency, a private child-placement agency, Department of Job and Family Services or any party other than the parents.

"In denying standing to Fugate and disallowing her to file on her own behalf for custody of Selina, we are following the statutes as they are written," Lanzinger wrote.

Kapsal said the decision is about more than Fugate and McBride. "There are lots of kids and lots of situations," he said. "Each family is different and there are lots of kids languishing in foster care."

Two thousand children currently are in Hamilton County's foster-care program.

Kapsal said he's trying to figure out what's next, but he doesn't see much legal recourse. "It is the Ohio Supreme Court's job to interpret the law," he said. "It would be up to the Ohio legislature to look at the statutes and determine what's best for children who don't fit the mold."

As the battle between Fugate and Job and Family Services went on in the courts, former Hamilton County Juvenile Court Judge Sylvia Hendon granted Fugate visitation.

McBride even sometimes spends the night at her mother's and has her own bedroom there. Fugate said becoming a part of her daughter's life hasn't been easy. McBride often runs away from her foster home and has been in trouble with the law.

Fugate said that hasn't lessened her resolve. "Human services have failed us," she said.

Last week, McBride stopped by to see her mother after running away again.Fugate said McBride hugged and kissed her and told her she loved her before leaving, something she always does.

Fugate said the court may deny her the legal right to be McBride's mother, but that doesn't change what is in their hearts.

E-mail scoolidge@enquirer.com