Projo 7 to 7 News Blog

PROVIDENCE, R.I. -- The state Supreme Court has vacated a lower court ruling that placed the daughter of a Narragansett Indian in the care of the Department of Children, Youth and Families nearly two years ago.

The high court issued the ruling on Tuesday and ordered a new trial in Family Court within the next 90 days.

The custody case involves Jackie Robinson, a Narragansett Indian, who fathered a girl, Tameka, on Oct. 4, 2007. At the time, Robinson was living with Eleanor Wilson and they were raising their four children together. He had been with Wilson for more than eight years and he considered her his common-law wife.

Robinson had an affair with another woman which resulted in Tameka's conception.

Tameka's mother, who was already supporting four children of her own, placed the baby with a social-service agency for adoption. Robinson never agreed to the adoption, and, instead, he sought custody of the baby.

Around the same time, Wilson, who learned of Robinson's extramarital affair, kicked him out of her home.

"This apparent lack of stable housing prevented Tameka's placement with him, and on October 19, 2007, DCYF filed a petition against both parents citing allegations of dependency and neglect,'' Justice Paul A, Suttell wrote for the court.

The Family Court granted DCYF temporary custody and Tameka was placed in foster care. Still, Robinson regulary visited his daughter.

A trial on DCYF's petition was held on March 20, 2008. Robinson told the court that he was still living with Wilson and he had undergone substance-abuse counseling. The trial judge questioned Robinson's financial resources, citing his testimony that he had lost his job as a dishwasher because a car accident had left him partially disabled.

Robinson's lawyer argued that DCYF had failed to establish "dependency by clear and convincing evidence.'' He also accused DCYF of failing to submit a qualified expert's testimony that the awarding of Tameka to Robinson would result in serious emotional or physical hard to the child.

Under the federal Indian Child Welfare Act, Robinson was entitled to have an expert witness testify on his behalf.

"In the case before us, we simply cannot say that the failure to comply with the dictates of the Indian Child Welfare Act was harmless error,'' Suttell wrote. ``We first note that DCYF failed to present any evidence that custody and placement with Mr. Robinson would likely result in serious emotional or physical harm to Tameka.''

Suttell also wrote that Robinson was living with Wilson and the argument of adequate housing was not relevant.

Extra: Read the court's decision

 Tags  child custody Narragansett Indian RI Supreme Court

Comments

JamaicanSensation said:

I don't see how a court's error can now put this child in a situation where she is ripped away from the only family she's ever known. The law should protect the child's best interests above everything else including legal procedure.

Link | July 12, 2009 8:38 PM
Report Abuse

---

Leave a comment

Please be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish.

Name:

Email:

URL:  

Remember personal info?

Captcha:

Type the characters you see in the picture above.