A Different Kind Of Custody Battle Mildly Retarded Woman Seeks Return Of 2-Year-Old Girl

Headed for Courtroom 303, Angel Harper paused Monday to smile at a small band of supporters.

“I’m not alone,” she said.

Then she disappeared into the secrecy of child-dependency court.

There, Harper is making her final stand.

The single mother is fighting for her 2-year-old daughter, Jessica, who was placed into protective custody shortly after birth.

Whether she realizes it or not, she also is fighting for growing numbers of mentally retarded people like herself who dream of becoming parents.

The odds are decidedly against her.

Harper, 26, is mildly retarded, living by herself in a modest apartment on Spokane’s North Side. Inside, there is plenty of evidence of motherhood in limbo: packages of unopened toys, an unused stroller, the never-sat-on potty seat.

Late last week, Harper tentatively agreed to terminate her parental rights, allowing Jessica’s adoption by her foster parents. In exchange, Harper would be allowed two supervised visits a year with Jessica.

But the proposed settlement gnawed at Harper over the weekend. Was it better to go to trial and possibly lose Jessica forever than to surrender the child willingly?

Outside the courtroom Monday morning, her boyfriend, Darrel Douglas, squeezed her shoulder as they sat together on a stiff wooden bench.

“It’s not a fair deal,” he said.

“It’s a crock,” said her older sister, Connie Engleman.

Harper could only nod sadly.

“This child is my flesh and blood …” she said. “They can never take that away.”

Then she asked in a whisper, “Can they?”

Minutes later, the deal was off. The case lurched toward trial. The first of some two dozen witnesses were called.

In a few days, Superior Court Judge Tari Eitzen will decide who should raise Jessica.

The top three candidates: Harper; Engleman, a mother of two who lives in Virgina Beach, Va.; and the foster couple raising the child.

The foster family is the choice of Child Protective Services, the child’s legal guardian and experts hired by the state.

CPS workers cite Harper’s lowerthan-normal intelligence and the child’s “bonding” with her foster parents over the past 18 months.

A smaller list of advocates and counselors wants the child to remain with Harper or go to her sister.

The saga began 25 months ago, when baby Jessica was seized by child-protection officials in the maternity ward at Sacred Heart Medical Center. She’s now a healthy, chubby toddler with normal intelligence and straw-colored hair like her mother’s.

Consultants hired by CPS concluded that Harper needs in-home training and constant supervision in order to properly care for the child.

Since that kind of help doesn’t exist, the state agency maintains it has no choice but to terminate Harper’s parental rights.

In Washington and most states, efforts to help families headed by mentally retarded parents are shortterm, crisis-driven services with no real chance of long-term success.

Children removed from these homes are shielded from unintended neglect, but their parents aren’t given the training and support they need to improve, says Sandie Bledsoe of The Arc of Spokane.

Harper has gone through counseling and special parenting classes, and is maturing into a responsible, caring adult, Bledsoe said.

To CPS, the progress is far too slow, much too uncertain. The child will only suffer if the legal process drags on.

Agency reports also cite Harper’s periodic bouts of depression, and the physical abuse she suffered as a child, as reasons for concern.

When asked about her abilities, Harper rattles off a long list of achievements: She pays her own bills, boasts a high school diploma, sells Avon door to door, can read, write and type….

“I don’t need anybody,” she said, moments before her trial started. “I’m independent. I can do things on my own.”